Evaluation of Directive 2013/30/EU (Offshore Safety Directive) on the safety of offshore oil and gas operations
Date: 2018-05-03
Institutions: Directorate-General for Energy, European Commission
Subjects: energy policy



IMMC.Ares%282018%292361494.ENG.xhtml.PART-2018-258802V1.docx











EVALUATION ROADMAP  







[Approved by the Inter-Service-Group]



Roadmaps aim to inform citizens and stakeholders about the Commission's work to allow them to provide feedback and to participate effectively in future consultation activities. Citizens and stakeholders are in particular invited to provide views on the Commission's understanding of the problem and possible solutions and to share any relevant information that they may have.






Title of the evaluation




Evaluation of the Offshore Safety Directive






Lead DG – responsible unit 




DG ENER, Unit B.4 – Security of Supply






Indicative Planning 


(planned start date and completion date)




Planned Start Date: Q1/2018


Planned Completion Date: Q2/2019






Additional Information




https://ec.europa.eu/energy/en/topics/oil-gas-and-coal/offshore-oil-and-gas-safety 






The Roadmap is provided for information purposes only. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by the document, including its timing, are subject to change.









A. Context, purpose and scope of the evaluation






Context






Both inflammable products involved in oil and gas operations and the potentially high pressure in wells may lead to explosions and major oil spills, if not all necessary precautionary measures are taken. Not only can such accidents have catastrophic impacts on the marine environment and significant negative impacts on the coastal economies, but following a catastrophic oil and gas fire, evacuations of installations offshore also imply high risks for workers (e.g. storm, waves, low water temperatures). EU legislation was therefore put in place to reduce the risks of offshore accidents and limit their consequences.


Directive 2013/30/EU on safety of offshore oil and gas operations (the “Directive”) established goals for achieving a high level of safety, environmental protection and an adequate emergency response. Furthermore, the Directive contributes to protect workers' health and the environment. Articles 191 and 192 of the Treaty on the Functioning of the EU form its legal basis. 


Implementing Regulation (EU) No 1112/2014 of 13 October 2014 is an implementing act based on the Offshore Safety Directive. It determines a common format for sharing of information on major hazard indicators by the operators and owners of offshore oil and gas installations and a common format for the publication of the information on major hazard indicators by the Member States. 


The Directive entered into force on 19 July 2013. Member States had to transpose the Directive by 19 July 2015. However, transitional periods for the application of national legislation by the industry are in place until 19 July 2018. 


All Member States, which are active in offshore oil and gas operations, have declared transposition. The Commission continues its work on carrying out an analysis on the conformity of Member States’ rules and legislation with the Directive. 


Pursuant to Art. 40 of the Directive, no later than 19 July 2019, the Commission “shall, taking due account of the efforts and experiences of competent authorities, assess the experience of implementing this Directive. The Commission shall submit a report to the European Parliament and to the Council with the result of that assessment. The report shall include any appropriate proposals for amending this Directive”. 


On 1 December 2016 the European Parliament adopted a resolution on liability, compensation and financial security for offshore oil and gas operations (2015/2352(INI), by which it invited the Commission to carry out analysis and to consider legislation for reinforcing and harmonising existing rules. In this context, it refers to the report and review of the Offshore Safety Directive. 






Purpose and scope 






I.Purpose of the evaluation


The evaluation will assess whether the Directive, as implemented by Member States, has achieved the objective to ensure safe operations by: (i) avoiding major accidents, (ii) limiting the number of incidents and (iii) mitigating the effects of any unintended releases of hydrocarbons or other hazardous substances. Furthermore, it will take into account legislation linked to the Offshore Safety Directive and assess the Directive’s overall coherence with EU legislation.



Based on these findings and with the objective to enhance the Directive's added value and its contribution to the EU’s policy targets, the Commission’s report to the European Council and Parliament may include proposals for amending the Offshore Safety Directive.


II.Scope of the evaluation


In general terms, the Commission will assess whether:



-the main objectives of the Directive have been achieved and if not, whether an amendment of the Directive or other legal initiatives is appropriate; 


-any gaps in legislation exist which need to be covered for improving the level of safety in offshore oil and gas operations;  


-certain provisions of the Directive impose undue burden on Member States or the industry and whether their removal or replacement should be considered; 


-the Directive has adequately harmonised the regulatory structure and level of safety across the EU offshore operations, proportionate to the activity levels of the Member States;


-the Directive is effective and proportionate with regard to the objectives set.



In specific terms, the Commission will provide an in-depth assessment in the following areas (examples, non-exhaustive list):



-the independence of the national competent authorities and potential conflicts of interest;


-the adequacy of administrative capacity and expert knowledge; 


-adequate preparation of Major Hazard Reports from operators and follow-up by the competent authorities;


-level of transparency and accessibility of the information and data regarding the level of offshore safety;


-emergency preparedness and response levels;


-provisions for specific risks and threats (e.g. decommissioning of installations, cyber-security, terrorist and criminal attacks, hybrid attacks);


-provisions for liability assigned to the licensees for any damage caused, both for bodily injury, property damage and for the protecting marine species and natural habitats;


-the handling of compensation claims and financial security of owners and operators of installations;


-the appropriateness of bringing certain conduct leading to a major accident within the scope of Directive 2008/99/EC (protection of the environment by criminal law);


-the effectiveness of the EU Offshore Authorities Group's work and the level of cooperation between EU Member States, the stakeholders and relevant third countries.



The Commission will carry out the assessment on the basis of the following criteria:



I.Effectiveness: 


II.Efficiency (qualitative evaluation);


III.Relevance;


IV.Coherence


V.EU added-value 


In its assessment the Commission will take duly into account the experience of Member States with offshore operations. The evaluation will cover the period between the implementation date of the Directive (19 July 2015) and 31 December 2018.







B. Better regulation






Consultation of citizens and stakeholders 






The consultation will seek opinions and experiences with the implementation of the Directive, its effectiveness and efficiency in the offshore sector, as well as any needs for its further development and adjustment in line with the technical progress. Further to a public consultation it will seek views of experts from industry, worker unions, research institutions and NGOs, as well as Member States.


The following steps take place during the evaluation process:


Step 1 / February-March 2018: Contributions from external experts with specific expertise in safety legislation, including health and safety at work and protection of the environment;


Step 2 / March 2018: Consultation with the experts and key stakeholders through the EU Offshore Authorities Group; 


Step 3 / July - September 2018: 12-week long public consultation to be found on the Europa public consultations page;


Step 4 / autumn 2018: Stakeholders’ workshop organised by the Commission in Brussels. The Commission will invite participants from organized European groups relevant to the offshore sector. Range and extent of participants invited will take into account contributions and interest expressed during the public consultation.



Additional procedural information:


oThe Commission will publish the public consultation on the website indicated above and on the website of the Directorate-General for Energy in English, French and German. Contributors may send their comments in all the EU’s official languages. 


oIn order to get contribution from all citizens and entities interested in offshore safety the Commission will inform competent authorities, stakeholders and NGOs on the forthcoming consultation. Additionally, it may issue a press release.


oThe Commission will publish a summary of the replies received on the web site of the Directorate General for Energy. A Staff Working Document linked to the final report of the Commission will include an overview and analysis of all input received from stakeholders during the different consultation mechanisms described above.







Data collection and methodology 






I.Data Collection


The evaluation will take into account the available documents such as:


(1)National rules and legislation of Member States, which implement the Offshore Safety Directive. 


(2)REPORT FROM THE COMMISSION on the adequacy of national expert resources for complying with the regulatory functions pursuant to Article 27(4) of Directive 2013/30/EU (COM/2016/0318 final); 


(3)COMMISSION STAFF WORKING on the adequacy of national expert resources for complying with the regulatory functions pursuant to Article 27(4) of Directive 2013/30EU (COM(2016) 318 final - https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52016SC0182


(4)The Commission's assessment of Member States' external emergency response plans.


(5)Member States annual reports on offshore accidents and the Commission’s annual reports on Member States safety performance.


(6)REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on liability, compensation and financial security for offshore oil and gas operations pursuant to Article 39 of Directive 2013/30/EU {SWD(2015) 167 final}


(7)Commission Staff Working Document on Liability, Compensation and Financial Security for Offshore Accidents in the European Economic Area


(8)European Parliament Resolution of 1 December 2016 on Liability, Compensation and Financial Security for Offshore oil and gas operations (2015/2352(INI)).


Furthermore, DG Energy will consult the relevant Commission services and the European Offshore Authorities Group.


The assessment will take into account the conclusions from a stakeholder’s workshops and the results of the public consultation as mentioned above.


II.Methodology


With assistance by an external expert, the Commission will:


carry out an qualitative analysis of the replies gather via the public consultation, the European Offshore Authorities Group and a stakeholder workshop. 


exploit relevant studies and reports including the ones mentioned above.


make use of the Commission’s analysis of the national rules and legislation of Member States, which implement the Directive.


Due to the unavailability of consistent figures on the (i) cost of measures for offshore safety on the level of both enterprises and national/international administrations and (ii) the benefits of avoided accidents the Commission will not carry out a detailed quantitative analysis. If data allowing an overview on cost and benefits became available in the phase of accumulating information the Commission may provide a cost/benefit estimation.