REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2013/30/EU on safety of offshore oil and gas operations Directive 2013/30/EU
Date: 2017-11-08
Institutions: Directorate-General for Energy, European Commission
Subjects: coastal pollution, delegated legislation, extraction of oil, gas, marine pollution, offshore oil structure, oil pollution, petroleum exploration, prevention of pollution, transfer of competence

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   EUROPEAN COMMISSION  Brussels, 8.11.2017  COM(2017) 655 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2013/30/EU on safety of offshore oil and gas operations Directive 2013/30/EU   
 
 
1. INTRODUCTION 

Directive  2013/30/EU1  of  the  European  Parliament  and  of  the  Council  of  12  June  2013  on 
safety  of  offshore  oil  and  gas  operations  and  amending  Directive  2004/35/EC  ("Offshore 
Safety  Directive")  seeks  to  achieve  a  high  safety  level  for  carrying  out  these  operations. 
Health  of  workers,  the  environment,  the  assets  involved  offshore  and  other  economic 
activities  as  fishing  and  tourism  shall  benefit  from  safe  offshore  operations.  The  Directive's 
provisions as implemented by Member States shall help avoiding major accidents, reduce the 
number  of  incidents  and  an  achieve  an  effective  follow  up  of  accidents  and  incidents  to 
mitigate their consequences.  

The Directive empowers the Commission to adopt delegated acts (see Articles 35 and 36) in 
view  of  adapting  Annexes  I,  II,  VI  and  VII  to  include  additional  information  which  may 
become necessary in light of technical progress. These annexes determine 

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Information  to  be  included  in  documents  submitted  to  competent  authorities,  e.g.  
requesting approval for offshore oil and gas operations (annex I) 
Information to be included in reports of well operations (annex II) 
Information  relating  to priorities  for  co-operation  between operators  and  owners  and 
competent authorities (e.g. standards, guidance on best practice, annex VI) 
Information to be provided in external emergency response plans (annex VII) 

2. LEGAL BASIS 

This  report  is  required  under  Article  36  (2)  of  Directive  2013/30/EU.  Pursuant  to  this 
provision, the power to adopt delegated acts is conferred on the Commission for a period of 
five years from 18 July 2013. The Commission is required to prepare a report in respect of the 
delegation  of  power  at  the  latest  9  months  before  the  end  of  the  five-year  period.  The 
delegation  of  power  shall  be  automatically  extended  for  periods  of  an  identical  duration, 
unless the European Parliament or the Council opposes such extension. 

3. EXERCISE OF THE DELEGATION 

According  to  the  Offshore  Safety  Directive,  the  empowerment  was  deemed  necessary  to 
include additional information in the context of Annexes I, II, VI and VII in light of technical 
progress.   

To  date,  given  the  fact  that  the  Offshore  Safety  Directive  became  applicable  from  19  July 
2013, that Member States had to implement the Directive by 19 July 2015, and that there are 
transitional  periods  postponing  the  Directive's  application  for  certain  installations  until  19 
July  2018  (Article  42,  par.  2),  the  Commission  has  not  yet  considered  it  necessary  or 
appropriate to adapt its Annexes I, II, VI or VII to technical progress. 

1 OJ L 178, 28 June 2013, p. 66 

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4. EXTENSION OF THE PERIOD FOR THE DELEGATION OF POWERS 

In view of the dynamic technical developments in the offshore sector, and of the limited time 
yet  passed  to  gain  practical  experience  regarding  the  application  of  the  annexes  mentioned 
above, partially due to the application of transitional periods, the Commission sees the need to 
extend the empowerment by five years. 

5. CONCLUSION 

The Commission has over the past five years not exercised the delegated powers conferred to 
it under Directive 2013/30/EU, but sees the need to extend the empowerment for the reasons 
indicated above. With this report the Commission complies with the reporting requirement of 
the Offshore Safety Directive (Article 36, par. 2) and invites the European Parliament and the 
Council to take note of it. 

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