REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the effectiveness of Recommendation 2014/70/EU on minimum principles for the exploration and production of hydrocarbons (such as shale gas) using high-volume hydraulic fracturing
Date: 2016-12-15
Institutions: Directorate-General for Environment, European Commission
Subjects: bituminous materials, environmental impact, gas, hydraulic machinery, hydrocarbon, mining extraction, natural hazard, oil technology, pollution control

EUROPEAN 
COMMISSION 

Brussels, 15.12.2016  
COM(2016) 794 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the effectiveness of Recommendation 2014/70/EU on minimum principles for the 
exploration and production of hydrocarbons (such as shale gas) using high-volume 
hydraulic fracturing 

EN 

   EN 

 
 
 
 
  
 
1.   Introduction 

In January 2014, the Commission adopted a Communication and a Recommendation1 on the 
exploration and production of hydrocarbons (such as shale gas) using high-volume hydraulic 
fracturing  (HVHF).  As  a  complement  to  existing  EU  legislation,  the  Recommendation  lays 
down minimum principles for such activities, with a view to help safeguarding public health, 
the  climate  and  the  environment,  using  resources  efficiently  and  informing  the  public. 
Member  States  that  had  chosen  to  carry  out  such  activities  were  asked  to  give  effect  to  the 
Recommendation  by  28  July  2014.  The  Recommendation  proposed  that  the  Commission 
should review its effectiveness 18 months after its publication. 

2.   Current state of development of hydrocarbons using well stimulation and enhanced 

recovery techniques in the EU 

A  survey2  of  the  Member  States  revealed  that  113  have  granted,  or  plan  to  grant, 
authorisations for the development of hydrocarbons that may require the use of HVHF. The 
remaining  Member  States  either  have  no  known  resources  or  have  introduced  moratoria  or 
bans.  Most  of  the  Member  States  interested  in  shale  gas  development  are  in  the  planning 
phase  or  in  the  process  of  issuing  permits  for  exploration  projects.  A  total  of  around  80 
exploratory wells have been drilled, of which at least 16 were fractured with high volumes of 
fluids.4 

In  contrast  to  shale  gas,  the  development  of  coalbed  methane  has  already  resulted  in 
production.  Member  States  have  issued  permits  for  at  least  137  wells  for  coal  bed  methane 
exploration  or  production.5  Coalbed  methane  production  does  not  necessarily  require 
hydraulic  fracturing,  but  entails  the  pumping  of  high  volumes  of  water  with  a  potentially 
higher risk for groundwater contamination. 

The extraction of tight gas follows processes that are comparable to those used for shale gas. 
In recent decades, over 600 tight gas wells have been drilled and hydraulically fractured on- 
and offshore in Member States.6 Tight gas development typically requires lower volumes for 
hydraulic fracturing than shale gas. 

Conventional gas or oil wells do not require hydraulic fracturing to induce flow in the primary 
recovery phase. However, as fields become depleted, enhanced recovery techniques are being 
applied  increasingly  in  the  EU  to  extend  the  production  period.  These  techniques  are 
constantly  evolving,  but  can  involve  the  injection  of  steam,  gases  and  other  chemical 
substances  into  the  well.7  A  total  of  11  Member  States8  confirmed  that  they  had  granted  or 

1 
2 

3 

4 
5 
6 

replies  on 

the  application  of 

COM/2014/023 final/2 and Recommendation 2014/70/EU 
2015  overview  of  Member  States’ 
http://ec.europa.eu/environment/integration/energy/unconventional_en.htm  
AT, DE, DK, ES, HU, LT, NL, PL, PT, UK, RO.  
DE decided in 2016 to prohibit hydraulic fracturing in shale, clay, marl and coal seam rocks, except for up 
to four tests for scientific purposes.  
Polish Geological Institute (April 2016) and Commission studies 
https://ec.europa.eu/jrc/en/uh-network  
Production 
http://ec.europa.eu/environment/integration/energy/pdf/fracking%20study.pdf  
http://ec.europa.eu/environment/integration/energy/pdf/Study_on_the_management_of_environmental_impacts_and_risks_of_conventional_oil_and_gas%20.pdf  

in  DE,  NL,  DK,  UK;  exploration 

in  HU;  assessment  of  potential 

the  Recommendation : 

in  PL; 

7
8   AT, DE, DK, FR, HR, HU, IT, LT, NL, PL, UK. 

2 

 
 
                                                 
 
plan to grant authorisations for conventional oil and gas extraction using well stimulation or 
enhanced recovery techniques.9 

3.  

Effectiveness of the Recommendation 

This review assesses the effectiveness of the Recommendation in: 

−  preventing, managing and reducing environmental impacts and risks; 

−  providing competent authorities and operators with legal certainty and predictability; 

− 

− 

responding to public concerns; and 

taking account of technical progress and of the use of techniques other than HVHF. 

Member States were asked to inform the Commission of the measures they had put in place in 
response to the Recommendation in 2014 and 2015.  

The review was supported by the following studies10 and consultation processes: 

−  a  study  on  the  application  of  the  Recommendation  and  relevant  EU  legislation, 

including interviews with stakeholders; 

−  studies  on  the  management  of  environmental  impacts  and  risks  of  oil  and  gas 
extraction  using  enhanced  recovery  techniques,  as  well  as  of  tight  gas,  tight  oil  and 
coalbed methane extraction; 

−  a stakeholder event on unconventional fossil fuels; 
−  a  Flash  Eurobarometer  survey11,  which  examined  citizens’  attitudes  in  European 
regions where shale gas projects have been granted permits or may be planned; and 

−  feedback  from  Member  States  in  meetings  of  the  technical  working  group  on 

environmental aspects of unconventional fossil fuels.  

3.1.  Effectiveness  of  the  Recommendation  in  preventing,  managing  and  reducing 

environmental impacts and risks 

The  Recommendation  suggests  carrying  out  a  strategic  environment  assessment  (SEA) 
before  granting  hydrocarbon  licences  and  an  environmental  impact  assessment  (EIA)  for 
projects that may lead to the use of HVHF. Following the adoption of the Recommendation, 
the UK12 completed a SEA prior to the granting of new licences, taking into account the risks 
of hydraulic fracturing, while Poland continued to grant licences without carrying out a SEA. 
Several of the Member States concerned require by law an EIA prior to activities involving 
the  use  of  hydraulic  fracturing,  while  others  call  for  an  EIA  only  where  a  project  meets 
specific criteria. 

The  Recommendation  invites  Member  States  to  lay  down  rules  on  possible  restrictions  of 
activities.  A  few  have  rules  that  apply  specifically  to  hydraulic  fracturing,  for  instance  in 
Lithuania and Germany in water protection areas, while others have general rules applicable 
to a wide range of activities or establish rules case by case.  

See footnote 2 
http://ec.europa.eu/environment/integration/energy/uff_studies_en.htm 
http://ec.europa.eu/COMMFrontOffice/PublicOpinion/index.cfm/Survey/getSurveyDetail/instruments/FLASH/surveyKy/2066 

9 
10 
11 
12  Only permits for sites located in England were examined. This review refers to the UK when it comes to 
the nationwide application of provisions and to England where specific provisions are applied there. 

3 

 
 
                                                 
 
The  application  of  the  principle  regarding  site  selection  could  be  assessed  for  exploration 
sites  in  Poland,  England  and  to  some  extent,  Spain.  In  Poland  and  in  England,  site-specific 
risk assessments were carried out. The preliminary EIA documents assessed in Spain suggest 
that risk assessments will be carried out. 

In  Denmark  and  England,  well  integrity  tests  must  be  reviewed  by  an  independent  third 
party. No evidence of such review could be found at the sites examined in Poland. 

The Recommendation calls for a baseline study addressing ten parameters, such as water and 
air quality. This principle does not specify the precise data to be collected. Overall, most of 
the parameters were taken into account at the sites for which permits had been issued since 
the adoption of the Recommendation.  

Monitoring  was  carried  out  or  is  planned  on  the  basis  of  the  parameters  determined  in  the 
baseline.  Not  all  environmental  monitoring  results  are  systematically  reported  by  the 
operators to competent authorities. In Lithuania, specific monitoring requirements applicable 
to shale oil and gas exploration and production are enshrined in national legislation. 

A more comprehensive overview of the application of all principles of the Recommendation 
in Member States is available in the study supporting this review. 

3.2.   Effectiveness of the Recommendation in providing competent authorities and 
operators with legal certainty and predictability 

The  Recommendation  is  intended  to  complement  Union  legislation  that  was  developed  at  a 
time when HVHF was not used in the EU. This section focuses on three pieces of legislation 
which can be of relevance for the early phase of shale gas projects and which Member States 
apply differently. A more detailed analysis of this and other relevant legislation can be found 
in the study supporting this review. 

The  Water  Framework  Directive13  prohibits  the  direct  discharge  of  pollutants  into 
groundwater. Competent authorities have differing interpretations of its applicability to shale 
gas operations. Some consider hydraulic fracturing as an activity that may result in an input of 
pollutants  that  would  require  specific  permit  conditions,  while  others  consider  that  no  such 
conditions are required, as injection would not be taking place in groundwater. 

Waste resulting from shale gas exploration or production activities includes extractive waste, 
which must be managed in compliance with the Extractive Waste Directive (EWD).14 While 
most  Member  States  investigated  consider  drilling  cuttings  and  muds  as  extractive  waste, 
different  interpretations  are  applied  to  fluids  that  emerge  at  the  surface  after  hydraulic 
fracturing  and  to  residuals  of  fracturing  fluids  remaining  underground  after  the  closure  of  a 
well.  Some  Member States do not  classify these  fluids  as extractive  waste, while others do. 
This has implications on the number of waste facilities permitted under the EWD.  

The  Industrial  Emissions  Directive  (IED)15  does  not  specifically  cover  the  extractive 
industries,  but  projects  may  involve  activities  (e.g. incineration  and  storage  of  waste, 

13  Directive  2000/60/EC  of  the  European  Parliament  and  of  the  Council  of  23  October  2000  establishing  a 

framework for Community action in the field of water policy. 

14  Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management 

of waste from extractive industries and amending Directive 2004/35/EC. 

15  Directive 2010/75/EU of the European Parliament and of the Council laying down provisions on industrial 
emissions applies to installations within which activities listed in Annex I to that Directive are operated. 

4 

 
 
                                                 
combustion of fuels) that are covered. Specific IED activities require a permit based on best 
available  techniques  (BATs)  covering  all  activities  on  such  an  installation.  Member  States’ 
interpretations differ on whether gases to be flared are to be considered as waste gases that are 
incinerated.  

3.3.  Effectiveness of the Recommendation in responding to public concerns 

The Recommendation suggests that competent authorities publish relevant information on a 
publicly  available  internet  site.  Romania  and  the  UK  publish  environmental  permits  on  the 
internet, while permit conditions are not publicly available in Germany and Lithuania, and not 
systematically in Poland. In Spain, an online tool provides access to relevant documentation 
on  projects  falling  under  the  competence  of  the  central  government  but  not  of  autonomous 
regions. A more detailed analysis is provided in the study supporting this review. 

As regards the dissemination of information on the chemical substances intended to be used 
for  the  fracturing  of  each  well,  EIA  documents  and  environmental  reports  examined  from 
Spain,  England  and  Poland  referred  to  an  illustrative  composition.  Operators  in  Germany, 
England  and  Poland  provided  information  on  the  substances  actually  used  for  fracturing 
without  necessarily  disclosing  all  details  which  are  suggested  in  the  Recommendation.  In 
Germany,  it  will  become  compulsory  to  publish  information  on  the  substances  used  for 
hydraulic fracturing.16 

The  Recommendation  calls  on  Member  States  to  ensure  that  files  for  chemical  substances 
used  in  hydraulic  fracturing  refer  to  ‘hydraulic  fracturing’  when  being  registered  under  the 
REACH  Regulation.17  A  search  in  the  database  of  REACH  registrations  for  substances 
used18  in  the  period  of  2008-2014  in  the  EU  for  hydraulic  fracturing  found  that  few 
registrations make an explicit reference to hydraulic fracturing. Substances used in this period 
have been registered under more generic use names such as "mining chemicals" or may not 
have  required  registration  under  REACH  due  to  low  tonnages19  or  exemptions.  In  order  to 
facilitate searches for information on substances registered for use in oil and gas exploration 
or production, the REACH database was adjusted in April 2016 with a new category for ‘oil 
and gas exploration or production products’.20 (see also section 5.1) 

The  Eurobarometer  survey  assessed  respondents’  awareness  of  shale  gas  projects  in  their 
region and what potential challenges they perceive in this field. Among those who have heard 
of  shale  gas  projects,  a  minority  in  10  out  of  12  regions  say  they  feel  sufficiently  informed 
about  them.  Only  in  the  two  regions  in  Poland  did  a  majority  of  citizens  contacted  feel 
sufficiently  informed.  Water  and  air  pollution  was  the  challenge  mentioned  most  often  in  a 
majority of regions, while the negative impact on other sectors, such as agriculture or tourism, 
and risks to health was also cited. 

A survey of stakeholders was conducted as part of the Commission study on the application 
of  the  Recommendation.  Of  the  19  organisations  that  responded,  12  respondents  from  all 
categories of stakeholder (six from the oil and gas industry, one from the water industry, four 
from  NGOs,  and  one  from  a  geological  survey)  replied  that  it  did  not  help  alleviate  public 

Entry into force of the new legislation in February 2017. 

16 
17  Regulation  (EC)  No  1907/2006  of  the  European  Parliament  and  of  the  Council  of  18  December  2006 

concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). 
Substances disclosed by the industry with a CAS number.  
Substances manufactured or imported into the EU above 1 t but not more than 100 t per year are required to 
be registered under REACH by 31 May 2018. 
https://echa.europa.eu/documents/10162/13632/information_requirements_r12_en.pdf 

18 
19 

20 

5 

 
 
                                                 
concerns, while six (four from the oil and gas industry, one from a geological survey, and one 
NGO) replied that it did in part.  

3.4.  Effectiveness of the Recommendation in taking account of technical progress and 

the use of techniques other than high-volume hydraulic fracturing 

A  study  carried  out  for  the  Commission  assesses  technological  developments  since  the 
adoption  of  the  Recommendation  and  emerging  technologies  likely  to  be  taken  up  more 
widely  by  the  industry  in  the  short  to  medium  term.  It  does  not  identify  developments  that 
would  significantly  change  the  overall  risk  profile  of  the  way  shale  gas  is  developed.  For 
some emerging technologies, however, including nanotechnologies, it is not possible fully to 
assess associated risks. Although some licences targeting shale formations offshore have been 
issued in several Member States, no operational activities have been reported to date. 

As  far  as  fracturing  technologies  are  concerned,  the  European  Science  and  Technology 
Network  on  Unconventional  Hydrocarbon  Extraction21  expects  water-based  fracturing  to 
remain the most commonly used technique in the sector in the coming years.  

As regards the development of unconventional fossil fuels other than shale gas, the licensing, 
exploration or assessment of coalbed methane resources have taken place or are under way 
in  a  number  of  Member  States22.  Many  coalbeds  are  at  a  shallower  depth  than  shale 
formations  and  are  located  in  ground  or  drinking  water  reserves.  If  hydraulic  fracturing  is 
necessary,  the  risks  associated  with  groundwater  contamination  are  potentially  more 
significant for coalbed methane than for shale gas.23 Equally, the risk of fugitive emissions is 
potentially  greater.  At  the  production  stage,  coalbed  methane  development  requires  the 
pumping  of  water  in  volumes  that  present  an  increased  risk  of  water-resource  depletion. 
Where there is a hydrogeological connection to overlying or lateral formations, groundwater 
flows might be induced that negatively affect the quality of drinking water.24 

The production of tight gas requires hydraulic fracturing with volumes that are in most cases 
not great enough to fall within the scope of the Recommendation. Studies for the Commission 
indicate that the risks and impacts of tight gas development are similar to those of shale gas, 
with the exception of impacts and risks associated with the hydraulic fracturing process, well 
completion  and  production  stages  linked  to  water  resource  depletion,  which  are  potentially 
less significant as less water is typically required for the fracturing process. 

Generally,  the  public  does  not  distinguish  between  low-  and  high-volume  hydraulic 
fracturing. Many citizens are now concerned about the potential use of any well stimulation 
technique in oil or gas extraction projects, even though some such techniques have been used 
for several years. 

Enhanced  recovery  techniques  are  increasingly  used  to  maximise  the  production  of  fossil 
fuels that initially did not require stimulation. The key risks stem from the construction and 
drilling  of  additional  wells  to  provide  injection  points  and  the  injection  of  substances,  with 
impacts  relating  to  land-take,  traffic  and  emissions  to  air,  and  risks  of  ground  and  water 
pollution.25 

21 
22 
23 
24 
25 

https://ec.europa.eu/jrc/en/uh-network  
e.g. BE; BG; CZ; FR; DE; HU; IT; PL; RO; UK; SWD/2014/021 final 
http://ec.europa.eu/environment/integration/energy/pdf/risk_mgmt_fwk.pdf  
http://ec.europa.eu/environment/integration/energy/pdf/study_management_ei.pdf 
Ibid  

6 

 
 
                                                 
In view of the interest in several Member States in further developing coalbed methane and 
tight  gas  and  using  well  stimulation  or  enhanced  recovery  techniques,  the  Commission 
commissioned  studies  that  compare  the  risks  and  impacts  from  the  extraction  of  such 
resources  with  those  of  shale  gas.  Overall,  it  concludes  that  the  main  risk  management 
practices identified for shale gas could be equally applied to the practices mentioned above. 

4.   Stakeholders’ views 

In  December  2015,  the  European  Parliament  adopted,  in  plenary  session,  a  Resolution26 
to  respect 
calling  on  Member  States 
Recommendation 2014/70/EU  and  comply  with  the  ‘highest  climate,  environmental  and 
public health standards’. 

to  pursue  hydraulic  fracturing 

intend 

that 

In its opinion of June 2014, the European Economic and Social Committee27 considers that 
the  current  framework  ‘if  correctly  implemented,  is  sufficient  for  use  at  local  community 
level’,  although  it  points  to  the  need  to  reconsider  the  matter  ‘should  activities  increase 
substantially  in  volume’.  It  also  stresses  the  need  for  a  high  level  of  transparency  in  both 
exploration and exploitation projects in order to address public acceptance issues. 

From the feedback received at the stakeholder event in June 2015, stakeholders appear to be 
divided  in  their  views.  The  oil  and  gas  industry  considers  that  the  Recommendation  is 
sufficient  and  that  no  further  legislative  action  is  needed.  Several  water-producing 
associations  called  for  additional  regulatory  safeguards  to  ensure  drinking  water  protection. 
Environmental NGOs consider that the Recommendation has not been effective and called for 
additional regulation or a ban on shale gas, shale oil and coalbed methane projects. 

The  Eurobarometer  survey  also  elicited  divergent  views,  ranging  from  ‘no  need  for  EU 
involvement’ to pointing to a need for regulatory action or a ban on hydraulic fracturing. The 
current  approach  of  providing  recommendations  without  adopting  new  legislation  was  the 
least popular option. 

No formal Council position was adopted after the publication of the Recommendation. At a 
meeting of the Environment Working Party, a number of delegates welcomed the fact that the 
Commission  had  opted  for  a  Recommendation,  while  others  considered  legally  binding 
measures  preferable.  Several  competent  authorities  called  on  the  Commission  to  clarify  the 
applicability  of  relevant  EU  environmental  legislation,  as  part  of  the  EU  network  for  the 
implementation and enforcement of environmental law (IMPEL). 

26 

27 

http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2015-
0444&language=EN&ring=A8-2015-0341 
http://www.eesc.europa.eu/?i=portal.en.nat-opinions.32331 

7 

 
 
 
 
 
 
 
 
                                                 
5.   Conclusions and way forward 

Availability  of  shale  gas  and  interest  in  its  development  vary  widely  across  the  Member 
States. Of those Member States interested, some are in the early planning phase while others 
have  launched  exploration  projects.  The  analysis  of  selected  planning  documents,  permit 
applications  and  operating  permits  indicates  that  several  of  the  principles  set  out  in  the 
Recommendation were applied in a few Member States before it was adopted. Following its 
adoption,  a  few  Member  States  changed  their  permit  practices  or  developed  national 
legislation that reflected some of the principles of the Recommendation, while others lowered 
their  environmental  ambitions  in  an  effort  to  simplify  the  issuing  of  permits  or  focused  on 
incentives  for  investors.  One  Member  State  simplified  environmental  legislation  to  such  an 
extent  that  the  Commission  launched  infringement  proceedings28  on  account  of  a  failure  to 
fulfil obligations under the EIA Directive. Some of the principles of the Recommendation are 
currently applied in some Member States without being enshrined in national legislation and it 
remains to be seen whether this continues, in particular in view of efforts in these countries to 
attract investment. 

This report assesses the first two and a half years of application of the Recommendation in a 
limited number of projects in a few Member States. To date, the Recommendation has been 
applied  unevenly  across  Member  States  and  unsatisfactorily  in  some.  On  the  basis  of  the 
findings of this review, it is thus impossible to confirm at this stage the effectiveness of the 
Recommendation in preventing, managing and reducing environmental impacts and risks. The 
variety  of  ways  in  which  the  Member  States  have  followed  the  Recommendation  is  also  a 
result of its legally non-binding status. The Commission therefore encourages Member States 
to  take  greater  account  of  the  principles  of  the  Recommendation  if  they  plan  to  develop 
hydrocarbons that require HVHF. 

Member  States  differ  in  their  interpretations  of  some  provisions  of  relevant  Union 
environmental legislation. Operators who are active in more than one Member State may face 
inconsistent  application  of  these  provisions.  While  existing  legislation  establishes  a  legal 
framework for shale gas activities, the objective of providing legal certainty and predictability 
to competent authorities and operators is thus not fully met. 

If  applied  thoroughly,  the  Recommendation  can  be  a  useful  tool  for  managing  the  risks  of 
using  HVHF  for  hydrocarbon  development  in  a  transparent  manner.  More  progress  is 
necessary, both in the application of the Recommendation in the relevant Member States and 
in the correct and uniform application of the EU environmental acquis.  

To this end, the Commission plans to focus on:  

- 

- 

- 

- 

increasing transparency and monitoring;  

fostering the correct and uniform application of relevant provisions across Member 
States;  

addressing  the  environmental  impacts  and  risks  of  hydrocarbon  exploration  and 
extraction; and  

filling research gaps on health impacts and risks of hydrocarbon extraction. 

28 

http://europa.eu/rapid/press-release_IP-16-1454_en.htm  

8 

 
 
 
                                                 
5.1.  Increasing transparency and monitoring 

The Commission will continue to monitor technical developments as well as the application 
of the Recommendation and relevant EU environmental legislation. Reporting from Member 
States  on  the  application  of  the  Recommendation  will  continue  and  results  will  be  made 
publicly available on an annual basis. In this context, findings from the ongoing fitness check 
on environmental monitoring and reporting29 will be duly taken into account. 

The  Commission  intends  regularly,  and  at  the  latest  every  three  years,  to  reassess  the 
effectiveness of the approach taken, in particular in the light of the overall development of the 
sector in the EU and any incidents and accidents around the world.  

Although the Recommendation has triggered changes in permit practices in several Member 
States, the principles that foster transparency are insufficiently applied. Continued opposition 
to  shale  gas  projects  in  most  Member  States  suggests  that  the  Recommendation  has  not 
changed public attitudes. Public scrutiny has expanded from shale gas projects to all onshore 
and coastal oil and gas developments. 

In  order  to  enhance  the  overall  level  of  transparency  and  enable  close  monitoring  of 
environmental impacts, the Commission will set up an internet platform aimed at providing an 
EU-wide inventory and a map of planned and existing unconventional oil and gas wells. This 
will be publicly accessible and reflect ‘better regulation’ principles, also taking into account 
the  INSPIRE  Directive.30  It  will  aim  to  make  available  data  as  called  for  in  the 
Recommendation, using inter alia information published by Member States and operators. A 
prototype will be made publicly available in the first half of 2017 and further elaborated in the 
coming years. 

In  order  to  facilitate  searches  for  information  on  chemical  substances  registered  under 
REACH for use in hydraulic fracturing, searching functionalities will be further enhanced on 
the webpage31 of the European Chemicals Agency, which should enable keyword searches by 
the first half of 2017. The Commission will contact Member States to reiterate that REACH 
registration  files  for  substances  used  in  hydraulic  fracturing  should  include  a  specific 
reference  to  this  activity.  The  Commission  also  encourages  the  oil  and  gas  industry 
associations to develop use-maps32 to support registrants in their assessment and reporting.  

In  addition,  the  Commission  will  draft  a  technical  report  by  the  end  of  2017  exploring 
methodological  approaches  for  monitoring  water  quality  near  unconventional  oil  and  gas 
exploration and production sites. 

http://ec.europa.eu/environment/legal/reporting/fc_overview_en.htm 

29 
30  Directive  2007/2/EC  of  the  European  Parliament  and  of  the  Council  of  14  March  2007  establishing  an 

Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1). 
https://echa.europa.eu/information-on-chemicals/registered-substances  
https://echa.europa.eu/csr-es-roadmap/use-maps 

31 
32 

9 

 
 
 
 
 
 
                                                 
5.2.  Fostering  a  correct  and  uniform  application  of  relevant  environmental  legislative 

provisions across Member States 

To this end, the Commission plans to: 

−  pursue  dialogue  with  Member  States,  where  necessary  using  available  platforms  and 
assistance  mechanisms,  such  as  the  Environmental  Implementation  Review33; 
committees working on the implementation of EU environmental law and IMPEL; and 
the technical working group on environmental aspects of unconventional fossil fuels.  

−  develop  support  documents  in  the  form  of  frequently  asked  questions  and  based  on 
queries  to  the  Commission  on  EU  legislation  on  protected  areas,  planning,  waste 
management, water protection and industrial emissions; 

−  investigate possible failures to apply EU law correctly and take appropriate action.  

5.3.  Addressing  the  environmental  impacts  and  risks  of  hydrocarbon  exploration  and 

extraction activities 

The  Recommendation  calls  on  Member  States  to  ensure  that  operators  use  best  available 
techniques  (BATs)  in  order  to  prevent  or  minimise  environmental  impacts  and  risks.  Two 
BAT  reference  documents  (BREFs)  currently  under  development  and  relevant  for 
hydrocarbon  activities  using  HVHF  relate  to  the  management  of  waste  resulting  from 
extractive industries34 and to waste treatment35. These BREFs are currently being revised and 
should  be  finalised  in  2017  and  2018  respectively.  In  addition,  a  non-binding  summary  of 
BATs in the hydrocarbons sector36 will be finalised in 2018. 

Section 3.4 identified the environmental impacts and risks of other activities beyond shale gas 
extraction.  The  principles  of  the  Recommendation  are  suitable  to  manage  such  impacts  and 
risks. Therefore the Commission encourages Member States to apply the relevant principles 
of  the  Recommendation  to  other  forms  of  hydrocarbon  exploration  and  extraction  activities 
where  they  involve  hydraulic  fracturing,  pumping  high  volumes  of  water  or  enhanced 
recovery. 

5.4.  Filling research gaps on health impacts and risks 

Five  research  projects  on  the  environmental  impacts  and  risks  of  shale  gas  extraction  have 
been  funded  under  the  Horizon  2020  programme  for  research  and  innovation37,  and  an 
additional research topic was recently published.38  

In addition, researchers39 pointed to a lack of reliable exposure and epidemiological studies, in 
particular  to  assess  possible  long-term  effects,  and  called  for  further  investigation  of  the 
public  health  impacts  and  risks  associated  with  oil  and  gas  extraction  using  hydraulic 

33 
34 
35 
36 
37 

38 
39 

http://ec.europa.eu/environment/eir/index_en.htm 
http://susproc.jrc.ec.europa.eu/activities/waste/index.html  
http://eippcb.jrc.ec.europa.eu/reference/ 
http://ec.europa.eu/environment/integration/energy/hc_bref_en.htm 
http://www.m4shalegas.eu/project.html; 
http://www.sheerproject.eu/objective.html;  
https://shalexenvironment.wordpress.com/; 
http://www.fracrisk.eu/;  
https://ec.europa.eu/easme/sites/easme-site/files/FTI-projects-2015_participants%20websites_corrected.pdf 
http://ec.europa.eu/research/participants/portal/desktop/en/opportunities/h2020/topics/lce-27-2017.html   
http://dx.doi.org/10.1371/journal.pone.0154164;http://dx.doi.org/10.1016/j.scitotenv.2014.10.084; 
http://jech.bmj.com/content/70/3/221; http://pubs.acs.org/doi/abs/10.1021/es404621d  

10 

 
 
                                                 
 
 
 
fracturing. In this context, the Commission organised a technical workshop in 2016 aimed at 
identifying  possible  knowledge  gaps.  The  Commission  will  consider  addressing  identified 
gaps in the Horizon 2020 work programmes for 2018 and 2019. 

The  Commission  will  also  consider  mandating  the  scientific  committee  on  health  and 
environmental  risks  (SCHER)  to  produce  an  opinion  on  impacts  and  risks  to  human  health 
resulting from the exploration and production of hydrocarbons. 

11