Regulations, 2015

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,432, 29 ta’ Mejju, 2015

L.N. 173 of 2015

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Offshore (Oil and Gas) External Emergency Response

Regulations, 2015

IN exercise of the powers conferred by article 43(3) of the

Authority for Transport in Malta Act, the Minister for Transport and

Infrastructure has made the following regulations:-

The short title of these regulations is the Offshore (Oil and Citation.

Gas) External Emergency Response Regulations, 2015.

(1) The scope of these regulations is to transpose Scope.

Directive 2013/30/EU 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 and, for that purpose, to extend the

powers of the Maritime Safety and Pollution Prevention Committee

established under regulation 20 of the Vessel Traffic Monitoring and S.L. 499.34

Reporting Requirements Regulations.

(2) These regulations shall be without prejudice to European

Union law concerning safety and health of workers at work, in

particular Directives 89/391/EEC and 92/91/EEC.

(3) These regulations shall be without prejudice to Directives

94/22/EC, 2001/42/EC, 2003/4/EC, 2003/35/EC, 2010/75/EU and

2011/92/EU.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"the Act" means the Authority for Transport in Malta Act;

"the Committee" means the Maritime Safety and Pollution

Prevention Committee established under regulation 20 of the Vessel S.L. 499.34.

Traffic Monitoring and Reporting Requirements Regulations;

"the Minister" means the Minister responsible for transport, and

includes any person authorised by such Minister in that behalf.

(2) Unless the context otherwise requires, the definitions

provided in regulation 3 of the Offshore Safety (Oil and Gas)

Regulations shall, mutatis mutandis, apply to these regulations.

(1) The Committee, without prejudice to the powers

assigned to it under the Vessel Traffic Monitoring and Reporting

Requirements Regulations, shall have the additional powers assigned

to it by these regulations.

(2) When exercising its powers under these regulations, the

application of the Committee’s powers shall extend to the continental

shelf having the same meaning as assigned to it by article 2 of the

Continental Shelf Act.

The Committee shall prepare external emergency response

plans covering all offshore oil and gas installations or connected

infrastructure and potentially affected areas within its jurisdiction.

The Committee shall specify the role and financial

obligation of licensees and operators in the external emergency

response plans.

External emergency response plans shall be prepared in

cooperation with relevant operators and owners and, as appropriate,

licensees and the competent authority and shall take into account the

most up to date version of the internal emergency response plans of

the existing or planned installations or connected infrastructure in the

area covered by the external emergency response plan.

External emergency response plans shall be prepared in

accordance with Schedule One, and shall be made available to the

European Commission, other potentially affected Member States and

the public. In this respect, the disclosed information shall not pose

risks to the safety and security of offshore oil and gas installations

and their operation and shall not harm the national economic interests

of the Government of Malta or the personal safety and well-being of

its government officials.

The Committee shall take suitable measures to achieve a

high level of compatibility and interoperability of response

equipment and expertise with that of other Member States in a

geographical region, and further afield where appropriate. The

Committee shall consult with the Government to encourage industry

to develop response equipment and contracted services that are

compatible and interoperable throughout the geographical region.

The Committee shall keep records of emergency response

equipment and services in accordance with item 1 of Schedule Two.

Those records shall be available to the other potentially affected

Member States and the European Commission and, on a reciprocal

basis, to neighbouring third countries.

The Committee shall ensure that operators and owners Testing of

regularly test their preparedness to respond effectively to major emergency

preparedness.

accidents in close cooperation with the relevant authorities of other

Member States.

The Committee shall ensure that competent authorities or, Cooperation

where appropriate, contact points, develop cooperation scenarios for between

competent

emergencies. Such scenarios shall be regularly assessed and updated authorities.

as necessary.

(1) The operator or, if appropriate, the owner shall Notification in

notify without delay the Committee of a major accident or of a case

accident.

situation where there is an immediate risk of a major accident. That

notification shall describe the circumstances, including, where

possible, the origin, the potential impacts on the environment and the

potential major consequences.

(2) The Committee shall ensure that in the event of a major

accident, the operator or the owner takes all suitable measures to

prevent its escalation and to limit its consequences. The Committee

may assist the operator or owner, including with the supply of

additional resources.

(3) In the course of the emergency response, the Committee

shall collect the information necessary for thorough investigation

pursuant to regulation 18(1).

(1) Where the Committee considers that a major hazard Transboundary

relating to offshore oil and gas operations that are to take place under emergency

preparedness

its jurisdiction is likely to have significant effects on the environment and response.

in another Member State, it shall, prior to the commencement of

operations, forward the relevant information to the potentially

affected Member State and shall endeavour, jointly with that Member

State, to adopt measures to prevent damage.

(2) If the Committee considers the area under its jurisdiction

to be potentially affected by offshore oil and gas operations taking

place outside its jurisdiction, it may request the Member State in

whose jurisdiction the offshore oil and gas operation is to take place,

to forward all relevant information to it. Together with such Member

State, the Committee may jointly assess the effectiveness of the

measures, without prejudice to the regulatory functions of the

competent authority with jurisdiction for the operation concerned

under regulation 17(1)(a), (b) and (c) of the Offshore Safety (Oil and

Gas) Regulations.

(3) The major hazards identified pursuant to sub-regulation (1)

shall be taken into account in internal and external emergency

response plans to facilitate joint effective response to a major

accident.

(4) Where there is a risk of the foreseeable transboundary

effects of major accidents affecting third countries, the Committee

shall, on a reciprocal basis, make information available to the third

countries.

(5) In the event that the Committee becomes aware of

potential negative effects of offshore oil and gas operations carried

out in areas outside of the European Union, the Committee shall

coordinate measures with its European Union counterparts in order to

prevent such negative effects.

(6) The Committee shall regularly test its preparedness to

respond effectively to major accidents in cooperation with potentially

affected Member States, relevant European Union agencies and, on a

reciprocal basis, potentially affected third countries.

(7) In the event of a major accident in its jurisdiction, or of an

imminent threat thereof, which has or is capable of having

transboundary effects, the Committee shall, without delay, notify the

European Commission and those Member States or third countries

which may be affected by the situation and shall continuously provide

information relevant for an effective emergency response.

Operators and owners shall provide the Committee, as a

minimum, with the information described in Schedule Three.

The Committee shall make the information referred to in

Schedule Three publicly available.

(1) The Committee shall submit an annual report to the

European Commission containing the information specified in item 3

of Schedule Three.

(2) The Committee shall be responsible for exchanging

information pursuant to regulation 15 and for publication of

information pursuant to regulation 16.

(1) The Committee shall initiate thorough investigations

of major accidents occurring in its jurisdiction.

(2) A summary of the findings pursuant to sub-regulation (1)

shall be made available to the European Commission either at the

conclusion of the investigation or at the conclusion of legal

proceedings as appropriate.

(3) A non-confidential version of the findings shall be made

publicly available by the Committee.

(4) The Committee shall ensure that following the

investigations pursuant to sub-regulation (1), the competent authority

implements any recommendations of the investigation that are within

its powers to act.

Any person claiming compensation under these regulations Compensation

claims.

shall bring such a claim in accordance with the Arbitration Act.

Whosoever knowingly acts in violation of any provisions Penalties.

of these regulations shall be guilty, by reason merely of having done

so and without prejudice to prosecution under any provision of law, of

an offence and shall be liable, on conviction, to a fine (multa) not

exceeding one hundred thousand euro (€100,000) or to imprisonment

which shall not exceed a term of eighteen months, or to both such fine

and imprisonment

Provided that where the act constituting the offence

subsists for more than one day, the Court may in addition impose a

fine (multa) not exceeding one thousand and five hundred euro

(€1,500) for each day during which such act subsists, which fine

(multa) shall also be applicable for the purposes of article 377(3) of Cap. 9.

the Criminal Code.

Schedule One

Information to be provided in external emergency response plans

pursuant to regulation 8

External emergency response plans shall include but not be limited to

(a)

names and positions of persons authorised to initiate emergency

procedures, and of persons authorised to direct the external emergency

response;

(b) arrangements for receiving early warning of major accidents, and

the associated alert and emergency response procedures;

(c)

arrangements for coordinating resources necessary to implement

the external emergency response plan;

(d) arrangements for providing assistance to the internal emergency

response;

(e)

a detailed description of the external emergency response

arrangements;

(f)

arrangements for providing persons and organisations that may

be affected by the major accident with suitable information and advice

relating to it;

(g) arrangements for the provision of information to the emergency

services of other Member States and the European Commission in the event

of a major accident with possible transboundary consequences;

(h) arrangements for the mitigation of the negative impacts on

wildlife both onshore and offshore including the situations where oiled

animals reach shore earlier than the actual spill.

Schedule Two

Particulars to be included in the preparation of external emergency response plans

pursuant to regulation 10

1. The authority or authorities responsible for coordinating emergency

response shall make the following available

(a)

an inventory of available equipment, its ownership, location,

means of transport to and mode of deployment at the site of the major

accident;

(b) a description of the measures in place to ensure equipment and

procedures are maintained in operable condition;

(c)

an inventory of industry-owned equipment that can be made

available in an emergency;

(d) a description of the general arrangements for responding to major

accidents, including competencies and responsibilities of all involved parties

and the bodies responsible for maintaining such arrangements;

(e)

measures to ensure that equipment, personnel and procedures are

available and up to date and sufficient members of trained personnel are

available at all times;

(f)

evidence of prior environment and health assessments of any

chemicals foreseen for use as dispersants.

2. External emergency response plans shall clearly explain the role of the

authorities, emergency responders, coordinators and other subjects active in

emergency response, so that cooperation is ensured in responding to major

accidents.

3. Arrangements shall include provisions for responding to a major

accident that potentially overwhelms Malta’s ability to respond to such an accident

or exceeds its boundaries by

(a)

sharing external emergency response plans with adjacent Member

States and the European Commission;

(b) compiling at cross-border level the inventories of response assets,

both industry and publicly owned and all necessary adaptations to make

equipment and procedures compatible between adjacent countries and

Member States;

(c)

procedures for invoking the European Union Civil Protection

Mechanism;

(d) arranging transboundary exercises of external emergency

response.

Schedule Three

Sharing of information and transparency pursuant to regulations 15, 16 and 17

1. The common data reporting format for major hazard indicators shall

make it possible to compare information from competent authorities and to

compare information from individual operators and owners.

2. The information to be shared by the Committee and operators and

owners shall include information relating to

(a)

unintended release of oil, gas or other hazardous substances,

whether or not ignited;

(b) loss of well control requiring actuation of well control equipment,

or failure of a well barrier requiring its replacement or repair;

(c)

failure of a safety and environmental critical element;

(d) significant loss of structural integrity, or loss of protection against

the effects of fire or explosion, or loss of station keeping in relation to a

mobile installation;

(e)

vessels on collision course and actual vessel collisions with an

offshore installation;

(f)

helicopter accidents, on or near offshore installations;

(g)

any fatal accident;

(h)

any serious injuries to 5 or more persons in the same accident;

(i)

any evacuation of personnel;

(j)

a major environmental incident.

3. The annual reports to be submitted by the Committee pursuant to

regulation 17(1) shall contain as a minimum the following information

(a)

the number, age and location of installations;

(b) the number and type of inspections and investigations carried out,

any enforcement actions or convictions;

(c)

incident data pursuant to the common reporting system required

in regulation 15;

(d)

any major change in the offshore regulatory framework;

(e)

the performance of offshore oil and gas operations in relation to

prevention of major accidents and the limiting of consequences of major

accidents that do occur.

4. The information referred to in item 2 above shall consist of both factual

information and analytical data regarding oil and gas operations, and shall be

unambiguous. The information and data provided shall be such that the

performance of individual operators and owners can be compared and the

performance of the industry as a whole can be compared between Member States.

5. The information collected and assembled referred to in item 2 above

shall enable the Committee to provide advanced warning of potential deterioration

of safety and environmentally critical barriers, and shall enable them to take

preventive action. The information shall also demonstrate the overall effectiveness

of measures and controls implemented by individual operators and owners, and

industry as a whole, in particular to prevent major accidents and to minimise risks

for the environment.

6. In order to meet the requirements of regulation 16, a simplified format

shall be developed to facilitate publication of relevant data pursuant to item 2

above and preparation of reports pursuant to regulation 17(1) in a way that is easily

accessible to the public and facilitates transboundary comparison of data.

B

€0.45