OSPAR Commission Summary Record OSPAR 2000 OSPAR 00 /20/1-E, Annex 15

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### ANNEX 15 (Ref. § 7.4a)

OSPAR CONVENTION FOR THE PROTECTION OF THE MARINE E NVIRONMENT IN THE
NORTH-EAST ATLANTIC

MEETING OF THE OSPAR COMMISSION

COPENHAGEN: 26 - 30 JUNE 2000

___________________________________________________ ____________________________________



## OSPAR Decision 2000/2 on a Harmonised Mandatory Con trol System for the Use and Reduction of the Discharge of Offshore Chemical s (as amended by OSPAR Decision 2005/1)

RECALLING Article 5 of the Convention for the Protection of the Marine Environment of the North East Atlantic (“OSPAR Convention”) in which Contracting Parties agree to take jointly all possible steps to prevent and eliminate pollution from offshore sources;

RECALLING Article 4 of Annex III of the OSPAR Convention in which Contracting Parties agree that use on, or the discharge or emission from, offshore sou rces of substances which may reach and affect the m aritime area shall be strictly subject to authorisation or regulation by the competent authorities of the Cont racting Parties and that Contracting Parties shall provide for a system of monitoring and inspection;

RECALLING the OSPAR Strategy with Regard to Hazardous Substa nces (and the definitions used therein) according to which the Commission will develop prog rammes and measures to identify, prioritise, monito r and control the emissions, discharges and losses of haz ardous substances which reach, or could reach, the marine environment;

RECALLING the OSPAR Strategy on Environmental Goals and Mana gement Mechanisms for Offshore Activities which sets out the general process of es tablishing goals and measures for the offshore oil and gas industry;

NOTING the relevant legislation within the European Commu nity and corresponding legislation of other Contracting Parties;

NOTING that the programmes and measures stipulated in thi s Decision require the adoption, regular review and up-date (when necessary) of several other progr ammes, measures and agreements reached within the framework of the OSPAR Commission with respect to o ffshore chemicals;

TAKING INTO ACCOUNT the experience gained in applying PARCOM Decision 96/3 on a Harmonized Mandatory Control System for the Use and Reduction of the Discharge of Offshore Chemicals;

and as a consequence WISHING to establish a new harmonised mandatory control sy stem for the use and discharge of offshore chemicals.



### T HE 

### C ONTRACTING 

### P ARTIES TO THE 

### C ONVENTION FOR THE 

### P ROTECTION OF THE 

### M ARINE 

### E NVIRONMENT OF THE 

### N ORTH 

### E AST 

### A TLANTIC 

### DECIDE:OSPAR Commission Summary Record OSPAR 2000 OSPAR 00 /20/1-E, Annex 15

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## 1. Definitions

1.1 For the purposes of this Decision:

a. " authority " means the competent national authority of a Contr acting Party to the OSPAR Convention;

b. " CHARM " means the Chemical Hazard Assessment and Risk Man agement model developed by authorities and offshore industry within the Conven tion area;

c. " discharge " means the operational release of offshore chemica ls or their degradation and transformation products into the maritime area;

d. " Generic PEC/PNEC ratio " means the generic ratio between the predicted env ironmental concentration (PEC) and the predicted no effect con centration (PNEC) of offshore chemicals calculated for a standardised discharge;

e. " hazardous substances " means (in accordance with the OSPAR Strategy with regard to Hazardous Substances) substances which fall into on e of the following categories:

(i) substances or groups of substances that are tox ic, persistent and liable to bioaccumulate;

(ii) other substances or groups of substances which are assessed by the Commission as requiring a similar approach as substances referred to in (i), even if they do not meet all the criteria for toxicity, persistence and bioaccumulat ion, but which give rise to an equivalent
level of concern.

This category will include both substances which wo rk synergistically with other substances to generate such concern, and also subst ances which do not themselves justify inclusion but which degrade or transform into subst ances referred to in (i) or substances which require a similar approach.

The Commission will identify and assess such other substances or groups of substances using available information and internationally acc epted methods and criteria;

f. " HOCNF " means a Harmonised Offshore Chemical Notification Format as set out in the applicable OSPAR Recommendation;

g. " offshore chemicals" means all chemicals intentionally used in connection with offshore exploration and production activities in the mariti me area. Offshore chemicals comprise both substances and preparations;

h. " PLONOR " means the OSPAR List of Substances/Preparations U sed and Discharged Offshore,
Which are Considered to Pose Little or No Risk to t he Environment;

i. " P

ow " is equivalent to Kow and means the partition coef ficient of a substance between N-octanol and water, measured or calculated according to the HOCNF;

j. " preparation " means a mixture or solution composed of two or mo re substances;

k. " Pre-screening ", as set out in the applicable OSPAR Recommendatio n on a Harmonised PreScreening Scheme for Offshore Chemicals, is the fir st part of the overall regulatory process which requires information on bioaccumulation poten tial, biodegradation, and acute toxicity of substances and preparations and may use expert judg ement;

l. " substance " means a chemical element or compound in the natur al state or obtained by any production process, including any additive necessar y to preserve the stability of the product and any impurity deriving from the process used, but ex cluding any solvent which may be separated without affecting the stability of the substance or changing its composition;

m. " use " means application of any offshore chemical in con nection with offshore exploration and production activities in the maritime area that mig ht result in a discharge.OSPAR Commission Summary Record OSPAR 2000 OSPAR 00 /20/1-E, Annex 15

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## 2. Purpose and Scope

2.1 The purpose of this Decision is that by applica tion of the management mechanisms set out in this Decision, authorities shall ensure and actively pro mote the continued shift towards the use of less ha zardous substances (or preferably non-hazardous substances) and, as a result, the reduction of the overall environmental impact resulting from the use and dis charge of offshore chemicals.

2.2 This Decision shall be applied to any regulator y action, such as the granting of permits or approv als by authorities, concerning the use of, or the discharg e of, chemicals from offshore sources. In the terri tory of those Contracting Parties where the use and dischar ge of offshore chemicals are regulated by frame per mits based on internal (in-company) environmental contro l and where specific elements of the procedures req uired by the programmes and measures stipulated below are carried out by the companies themselves, the autho rities shall be responsible for effective enforcement and control by a system of regular auditing, inspection or monitoring.



## 3. Programmes and Measures

3.1 Authorities shall control the use and discharge of offshore chemicals in accordance with the regul ations specified in Appendix 1 to this Decision. In doing so, authorities shall:

a. in accordance with the general obligations as se t out in Article 2 of the OSPAR Convention, apply:

(i) the precautionary principle;

(ii) the polluter pays principle;

(iii) best available techniques and best environmen tal practice, including, where appropriate, clean technology;

b. apply the principle of substitution, i.e. the su bstitution of hazardous substances, or preparations containing hazardous substances, by less hazardous substances/preparations or preferably nonhazardous substances/preparations where such altern atives are available; 1

c. avoid emissions, discharges and losses of new ha zardous substances, or preparations containing hazardous substances, except where the use of these substances/preparations is justified by the application of the principle of substitution;

d. encourage the development of less hazardous subs tances and preparations, and techniques for minimising the discharge of hazardous substances;

e. encourage the reduction of the use and discharge of substances and preparations from offshore installations that might otherwise be harmful to th e marine environment, such as substances causing taint or oxygen depletion.

3.2 In accordance with Article 2(5) of the OSPAR Co nvention, authorities have the right to impose more stringent requirements than those provided by this Decision when they consider that this is appropriat e.

3.3 Authorities shall take health, safety and econo mic factors and technical performance into account, as appropriate, when applying this Decision.

1 “Available” in the context of substitution must b e understood in the same sense as in the definition of Best Available Techniques in the OSPAR Convention 1992 a nd should take into account the principles containe d in
the definition of Best Environmental Practice in th e OSPAR Convention 1992 related to substitution of products.OSPAR Commission Summary Record OSPAR 2000 OSPAR 00 /20/1-E, Annex 15

4 3.4 Processes, methods and equipment which might le ad to lowered use and discharge of chemicals or the use and discharge of less hazardous chemicals shall be taken into account when assessing substitutes.

3.5 The OSPAR Commission (or subsidiary bodies ther eof) shall review on a regular basis all programmes

, measures and agreements reached within the framewor k of the OSPAR Commission, which are necessary for the implementation of this Decision, with a view to up-dating them when necessary.



## 4. Entry into Force

4.1 This Decision enters into force on 16 January 2 001 and shall be reviewed and, if necessary, revise d in 2004. Upon entry into force, this Decision shall su persede:

a. PARCOM Decision 96/3 on a Harmonized Mandatory C ontrol System for the Use and Reduction of the Discharge of Offshore Chemicals;

b. PARCOM Decision 97/1 on Substances/Preparations Used and Discharged Offshore.



## 5. Implementation Reports

5.1 Reports on the implementation of this Decision shall be submitted to the appropriate OSPAR subsidi ary body in accordance with OSPAR’s Standard Implementa tion and Assessment Procedure. This reporting shall commence in the intersessional period 2002/2003.

5.2 When reporting on implementation, the formats a t Appendix 2 shall apply.OSPAR Commission Summary Record OSPAR 2000 OSPAR 00 /20/1-E, Annex 15

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### Appendix 1

Regulations with respect to the use and discharge o f offshore chemicals

1. Any use and discharge of offshore chemicals shal l be subject to regulation in accordance with the following steps I-IV.



### I. Data requirements

2. Any application to an authority for the use or d ischarge of offshore chemicals shall include
information/data-sets on all chemicals to which it relates. Where the harmonised pre-screening scheme provides that a full HOCNF is needed, such informat ion/data sets should comply with the requirements i n the
HOCNF.

3. In all cases, the operator should be in a positi on to demonstrate to the authorities, if so require d, that he has sufficient information from the suppliers or ma nufacturers of the chemicals concerned to allow him properly to assess those chemicals.



### II. Pre-screening

4. All offshore chemicals shall be subject to a har monised pre-screening (on a substance by substance basis, where possible) in accordance with the follo wing pre-screening criteria:

a. listed in the OSPAR List of Chemicals for Priori ty Action, as updated from time to time 2 ; or
b. considered by the authority, to which the applic ation has been made, to be of equivalent concern for the marine environment as substances covered by the previous sub-paragraph; or

c. inorganic combined with high toxicity; or

d. persistent; or

e. meets two of the following three criteria:

(i) not readily biodegradable;

(ii) high bioaccumulation potential;

(iii) high toxicity;

as set out in more detail in the applicable OSPAR R ecommendation on a Harmonised Pre-screening Scheme
for Offshore Chemicals.

5. Any offshore chemical that is identified by the above criteria shall be substituted if a less hazar dous (or preferably non-hazardous) substitute is available.

6. Any offshore chemical, other than those on the P LONOR list, that is not identified by the above cri teria
shall be ranked.

2 This paragraph was amended by OSPAR Decision 2005 /1. The unamended text read: “a. listed in Annex 2 of the OSPAR Strategy with re gard to Hazardous Substances;”OSPAR Commission Summary Record OSPAR 2000 OSPAR 00 /20/1-E, Annex 15

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### III. Ranking

7. Ranking of the offshore chemicals according to t he generic PEC/PNEC ratio gives an indication of th e relative risks of these offshore chemicals. The PEC /PNEC ratio (referred to as “hazard quotient” in CH ARM) shall be calculated by using CHARM (applying the st andardised reference oil/gas platforms and dilution factors defined in CHARM). The CHARM “hazard assess ment” module shall be used as a primary tool for ranking. Other suitable assessment methods may be u sed additionally for comparative evaluation of the ranking. Generic PEC/PNEC ratios shall be used for ranking purposes only, and not as the sole factor t o control the use and discharge of offshore chemicals . The results of these calculations, together with the uncertainty factors identified by CHARM, shall be t aken into account by authorities when establishing:

a. a ranking list of offshore chemicals. This list shall:

(i) be subject to regular review and evaluation by authorities, taking into account the progress within the OSPAR Strategy with regard to Hazardous Substances;

(ii) be grouped in function categories according to the categorisation in the annual reporting system for the use and discharge of chemicals from offshore installations;

b. the appropriate regulatory action in accordance with the provisions stipulated in paragraphs 3.1
to 3.4 of this Decision.



### IV. Management decisions

8. The pre-screening and, where appropriate, the ra nking steps outlined above will facilitate manageme nt
decisions which shall lead to one or more of the ou tcomes outlined in subsections A-D below.



### A. Permission

9. Authorities take regulatory action e.g., permit or approve offshore chemicals for use or discharge in connection with the application concerned without f urther evaluation. However, authorities may set con ditions e.g. regarding the amount to be discharged, period of validity etc.



### B. Substitution

10. Taking into account the criteria for substituti on as in paragraph 4 above, authorities request the operator to apply a substitute for the offshore che mical or, if deemed necessary, request the operator to provide additional data.

11. If the operator wishes to substitute an offshor e chemical for economic reasons or for reasons of performance, then the generic PEC/PNEC ratio of the substitute and the overall environmental impact associated with its use and discharge shall be lowe r than, or equal to, that of the original offshore chemical.



### C. Temporary permission

12. Where no substitute for the offshore chemical c oncerned is currently available, authorities grant a temporary permission for a limited period (and for a maximum of three years), whilst a less hazardous (or preferably non hazardous) substitute is sought.

13. If an operator for non-environmental reasons (e .g. for reasons of safety, health, or technical performance) applies for the substitution of a chem ical and if the generic PEC/PNEC ratio of the subst itute and the overall impact associated with its use and discharge is higher than that of the original chemi cal, authorities issue a special, temporary permission f or a limited period (and for a maximum of three yea rs) if they deem this substitution appropriate.OSPAR Commission Summary Record OSPAR 2000 OSPAR 00 /20/1-E, Annex 15

7 14. Any temporary permission may be renewed after e xpiry, if the operator can demonstrate to the satisfaction of the authorities that, despite consi derable efforts, no alternative is yet available. A lternatively, authorities may request additional data to allow a re-assessment of the hazard or risk caused by the u se and discharge of this offshore chemical.



### D. Refusal of permission

15. Authorities refuse permission for those offshor e chemicals which they consider to be unsuitable fo r use and discharge offshore.OSPAR Commission Summary Record OSPAR 2000 OSPAR 00 /20/1-E, Annex 15

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### Appendix 2

Implementation Report Formats

The formats for implementation reports concerning O SPAR Decision 2000/2 on a Harmonised Mandatory Control System for the Use and Reduction of the Discharge of Offshore Chemicals as set out below should be used to the extent possible.

1. Implementation Report on Compliance

Country:

Reservation applies yes/no *

Is measure applicable in your country? yes/no *

If not applicable, then state why not (e.g. no rele vant installation or activity)

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................................................... ................................................... ................................................... .........

Means of Implementation: by legislation by administrative action by negotiat ed agreement yes/no* yes/no* yes/no*

Please provide information on:

a. specific measures taken to give effect to this m easure;
b. any special difficulties encountered, such as pr actical or legal problems, in the implementation of this

measure;
c. the reasons for not having fully implemented thi s measure should be spelt out clearly and plans for full implementation should be reported;

d. if appropriate, progress towards being able to l ift the reservation.

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................................................... ................................................... ................................................... .........

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* Delete whichever is not appropriateOSPAR Commission Summary Record OSPAR 2000 OSPAR 00 /20/1-E, Annex 15

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### 2. .... 3

3 This section was deleted by OSPAR Decision 2005/1 . The deleted text was a reporting format on effect iveness.