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EU Directives

Dáil Éireann Debate, Thursday - 18 July 2013

Thursday, 18 July 2013

Questions (435)

Andrew Doyle

Question:

435. Deputy Andrew Doyle asked the Minister for Communications, Energy and Natural Resources if he will provide an update on an agreement achieved during the Irish EU Presidency on the safety of offshore oil and gas operations directive; and if he will make a statement on the matter. [36176/13]

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Written answers

On 13 October 2010, the European Commission presented a communication called ‘Facing the challenge of the safety of offshore oil and gas operations’. Following the disaster in the Gulf of Mexico in April 2010, the Commission carried out an analysis of the legislative and regulatory situation in the European Union, and suggested a course of action, including revision of existing legislation, as well as future new proposals, strengthening EU intervention capacity, and action at regional and global levels. Following detailed negotiations among Member States, facilitated by both the Cyprus and Irish Presidencies of the European Union, agreement was reached in March of this year during the Irish Presidency, on a proposal on safety of offshore oil and gas prospection, exploration and production activities.

The Offshore Safety Directive provides for a new area of competence for the EU in the respect of the regulation of offshore oil and gas exploration and production activities addressing their potential to give rise to both safety and major environmental hazards. The Directive introduces a number of very important and complex provisions for improving safety for offshore gas and oil drilling which include, in the first instance, reaching agreement on a text relating to the establishment of the Competent Authority in each Member State. The position agreed recognises both the difference in activity levels among Member States and the potential additional burden on them, which the new Directive could give rise to. While the agreement achieved acknowledges the need to have regard to such factors, it does so without diluting the need for safety at all times.

The issue of liability regimes is also addressed, and it was the view of the Council that it could not come to a pre-judgment on such a crucial issue pending the outcome of EU Commission studies, which are due to report next year. Another matter of considerable significance is the inclusion of provisions with regard to public participation, ensuring that either Strategic Environmental Assessment or Environmental Impact Assessment would be undertaken with respect to all relevant offshore activities prior to their approval and commencement. Other noteworthy issues that are included are confidential reporting, response effectiveness, activities in the Arctic, the role of the European Maritime Safety Agency, activities outside the EU and criminalising conduct leading to a major accident.

The agreement reached will ensure a consistent use of best practices for major hazards control by oil and gas industry offshore operations potentially affecting Union waters or shores, implement best regulatory practices in all European jurisdictions with offshore oil and gas activities, strengthen the Union’s preparedness and response capacity to deal with emergencies potentially affecting EU citizens or the environment, and improve and clarify existing liability and compensation provisions.

Ultimately the goal of the safety regulation of offshore exploration activity is to improve safety in extremely challenging environments. There will be significant safety measures arising from this Directive that will benefit our global environment.

It is a requirement of the Directive that it be transposed into, national legislation within 2 years.

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