OFFSHORE SAFETY(OIL AND GAS) REGULATIONS

SUBSIDIARY LEGISLATION 156.02

OFFSHORE SAFETY(OIL AND GAS)

REGULATIONS

29th May, 2015

LEGAL NOTICE 174 of 2015, as amended by Legal Notices 200 of 2015

and 330 of 2022.

The title of these regulations is the Offshore Safety (Oil

and Gas) Regulations, 2015.

(1) The scope of these regulations is to transpose 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 which aims to reduce as far as

possible the occurrence of major accidents relating to offshore oil

and gas operations and to limit their consequences, thus increasing

the protection of the marine environment and coastal economies

against pollution, establishing minimum conditions for safe

offshore exploration and exploitation of oil and gas and limiting

possib le disrupt io ns t o Eu rop ean Uni on in dig enou s energy

production, and to improve the response mechanisms in case of an

accident.

(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

requires

"acceptable", in relation to a risk, means a level of risk for which

the time, cost or effort of further reducing it would be grossly

disproportionate to the benefits of such reduction. In assessing

whether the time, cost or effort would be grossly disproportionate

to the benefits of further reducing the risk, regard shall be had to

best practice risk levels compatible with the undertaking;

"acceptance", in relation to the report on major hazards, means

the communication in writing by the competent authority to the

operator or the owner that the report, if implemented as set out

therein, meets the requirements of these regulations. Acceptance

does not imply any transfer of responsibility for control of major

hazards to the competent authority;

"the Act" means the Petroleum (Production) Act;

"Chairperson" means the chairperson of the competent authority;

"combined operation" means an operation carried out from an

installation with another installation or installations for purposes

related to the other installation(s) which thereby materially affects

the risks to the safety of persons or the protection of the

environment on any or all of the installations;

"commencement of operations" means the point in time when the

installation or connected infrastructure is involved for the first time

in the operations for which it is designed;

"competent authority" means the authority established under

regulation 16;

"connected infrastructure" means, within the safety zone

(a)

any well and associated structures, supplementary

units and devices connected to the installation;

(b)

any apparatus or works on or fixed to the main

structure of the installation;

(c)

any attached pipeline apparatus or works;

"contractor" means any entity contracted by the operator or

owner to perform specific tasks on behalf of the operator or owner;

"entity" means any natural or legal person or any group of such

persons;

"exploration" means drilling into a prospect and all related

offshore oil and gas operations necessary prior to production-

related operations;

"external emergency response plan" means a local, national or

regional strategy to prevent escalation or limit the consequences of

a major accident relating to offshore oil and gas operations using

all resources available to the operator as described in the relevant

i n t e r n a l e m e rg e n c y r e s p o n se p l a n , a n d a n y s u p p l e m e n t a r y

resources;

"independent verification" means an assessment and

confirmation of the validity of particular written statements by an

entity or an organisational part of the operator or the owner that is

no t under th e con trol of or i nfluenced by, the entity or the

organisational part using those statements;

"industry" means entities that are directly involved in offshore

oil and gas operations covered by these regulations or whose

activities are closely related to those operations;

"installation" means a stationary, fixed or mobile facility, or a

combination of facilities permanently inter-connected by bridges or

other structures, used for offshore oil and gas operations or in

connection with such operations. Installations include mobile

offshore drilling units only when they are stationed in offshore

waters for drilling, production or other activities associated with

offshore oil and gas operations;

"internal emergency response plan" means a plan prepared by the

operator or owner pursuant to the requirements of these regulations

c on c e r ni n g th e m e a s u re s t o p re ve n t e s c a la ti on or l i m it t he

consequences of a major accident relating to offshore oil and gas

operations;

"licence" has the same meaning as is assigned to it by article 2 of

the Act;

"licensed area" means the geographical area covered by the

licence;

"licensee" has the same meaning as is assigned to it by article 2

of the Petroleum (Production) Regulations;

"Licensing Authority" means the public body, authority or

officer that grants a licence pursuant to the Act and the Continental

Shelf Act;

" m a jo r a c c i d e nt " m e a n s , i n r e l a ti o n to a n i n s t a l l a t i o n o r

connected infrastructure

(a) an incident involving an explosion, fire, loss of well

control, or release of oil, gas or dangerous substances

involving, or with a significant potential to cause,

fatalities or serious personal injury;

(b) an incident leading to serious damage to the

installation or connected infrastructure involving, or

with a significant potential to cause, fatalities or

serious personal injury;

(c) any other incident leading to fatalities or serious injury

to five or more persons who are on the offshore

installation where the source of danger occurs or who

are engaged in an offshore oil and gas operation in

connection with the installation or connected

infrastructure; or

(d) any major environmental incident resulting from

incidents referred to under paragraphs (a), (b) and (c)

above.

For the purposes of determining whether an incident constitutes a

m a j o r a c c i d e n t u n d e r p a r a g r a p h s (a ) , ( b ) o r ( d ) a b o v e , a n

installation that is normally unattended shall be treated as if it were

attended;

"major environmental incident" means an incident which results,

o r i s l i k e l y t o r e s u l t , i n s i g n i f i c a n t a d v e r s e e ff e c t s o n t h e

environment in accordance with Directive 2004/35/EC;

"major hazard" means a situation with the potential to result in a

major accident;

"material change" means

(a) in the case of a report on major hazards, a change to

the basis on which the original report was accepted

including, inter alia, physical modifications,

availability of new knowledge or technology and

operational management changes;

(b) in the case of a notification of well operations or

combined operations, a change to the basis on which

the original notification was submitted including, inter

alia, physical modifications, replacement of one

installation with another, availability of new

knowledge or technology and operational management

changes;

"Minister" has the same meaning as is assigned to it by article 2

of the Act;

"non-production installation" means an installation other than an

installation used for production of oil and gas;

"offshore’ means situated in the internal waters having the same

meaning assigned to it by article 2 of the Continental Shelf

Regulations or in the territorial waters having the same meaning

assigned to it by article 3 of the Territorial Waters and Contiguous

Zone Act or situated on the continental shelf having the same

meaning assigned to it by article 2 of the Continental Shelf Act;

"offshore oil and gas operations" means all activities associated

with an installation or connected infrastructure, including design,

planning, construction, operation and decommissioning thereof,

relating to exploration and production of oil or gas, but excluding

conveyance of oil and gas from one coast to another;

"oil spill response effectiveness" means the effectiveness of spill

response systems in responding to an oil spill, on the basis of an

analysis of the frequency, duration, and timing of environmental

conditions that would preclude a response. The assessment of oil

spill response effectiveness is to be expressed as a percentage of

time that such conditions are not present and is to include a

description of the operating limitations placed on the installations

concerned as a result of that assessment;

"operator" means the entity appointed by the licensee to conduct

offshore oil and gas operations, including planning and executing a

well operation or managing and controlling the functions of a

production installation;

"owner" means an entity legally entitled to control the operation

of a non-production installation;

"production" means offshore extraction of oil and gas from the

u n de rgr o un d s tr a ta o f t h e l ic e n s e d ar e a i nc l ud i ng off s h o re

processing of oil and gas and its conveyance through connected

infrastructure;

"production installation" means an installation used for

production;

"the public" means one or more entities and, in accordance with

national legislation or practice, their associations, organisations or

groups;

"risk" means the combination of the probability of an event and

the consequences of that event;

"safety and environmental critical elements" means parts of an

installation, including computer programmes, the purpose of which

is to prevent or limit the consequences of a major accident, or the

failure of which could cause or contribute substantially to a major

accident;

"safety zone" means the area within a distance of five hundred

(500) metres from any part of the installation;

"suitable" means right or fully appropriate, including

c o ns id e r a t io n of p r o po r t io n a t e e ffo r t a n d c os t, f o r a gi v e n

r e q u i r e m e n t o r s i t u a t i o n , b a se d o n o b j e c t i v e e v i d e n c e an d

de m o ns tr a te d b y a n a na l ys is , c o m pa r is on w it h ap pr o p r i a t e

standards or other solutions used in comparable situations by other

authorities or industry;

"tripartite consultation" means a formal arrangement to enable

dialogue and cooperation between the competent authority,

operators and owners, and trade unions representing the majority of

workers; and

"well operation" means any operation concerning a well that

could result in the accidental release of materials that has the

potential to lead to a major accident, including the drilling of a

well, the repair or modification of a well, the suspension of well

operations and the permanent abandonment of a well.

(2) For the purposes of these regulations, any reference to

Directives of the European Parliament and of the Council, shall be

read and construed as if reference is made to the provisions of the

regulations transposing the provisions of such Directives into

Maltese law.

(3) For the purposes of these regulations, the term "oil and gas"

shall be taken to have the same meaning as "petroleum" as is

assigned to it by article 2 of the Act.

(1) The Licensing Authority shall ensure that decisions on

granting or transferring licences to carry out offshore oil and gas

operations take into account the capability of an applicant for such

a licence to meet the requirements for operations within the

framework of the licence as required by the provisions of the Act,

the relevant provisions of Directive 94/22/EC and, in particular,

these regulations.

(2) In particular, when assessing the technical and financial

capability of the applicant for a licence, the Licensing Authority

shall take due account of the following

(a) the risk, the hazards and any other relevant

information relating to the licensed area concerned,

including, where appropriate, the cost of degradation

of the marine environment referred to in Article

8(1)(c) of Directive 2008/56/EC;

(b) the particular stage of offshore oil and gas operations;

(c) the applicant’s financial capabilities, including any

financial security, to cover liabilities potentially

deriving from the offshore oil and gas operations in

question including liability for potential economic

damages where such liability is provided for by law;

and

(d) the available information relating to the safety and

environmental performance of the applicant, including

in relation to major accidents, as may be appropriate to

the operations for which the licence was requested.

(3) Before granting or transferring a licence for offshore oil

and gas operations, the Licensing Authority shall consult, where

appropriate, the competent authority.

(1) The Licensing Authority shall not grant a licence

unless it is satisfied with evidence submitted by the applicant that

the applicant has made or will make adequate provision to cover

liabilities potentially deriving from the applicant’s offshore oil and

gas operations. Such provision shall be valid and effective from the

start of offshore oil and gas operations.

(2) Applicants shall provide, in an appropriate manner,

evidence of technical and financial capacity and any other relevant

information relating to the area covered by the licence and the

particular stage of offshore oil and gas operations.

(3) The Licensing Authority shall assess the adequacy of

provisions referred to in sub-regulation (1) to ensure that the

applicant has sufficient financial resources for the immediate

launch and uninterrupted continuation of all measures necessary for

effective emergency response and subsequent remediation.

(4) The Licensing Authority shall facilitate the deployment of

sustainable financial instruments and other arrangements to assist

applicants for licences in demonstrating their financial capacity

pursuant to sub-regulation (2).

(5) The Licensing Authority shall require the licensee to

maintain sufficient capacity to meet its financial obligations

resulting from liabilities for offshore oil and gas operations.

(1) The licensee shall appoint the operator and shall notify

the Licensing Authority of the appointment in advance. The

L i c e n s i n g A u t h o r i t y, i f n ec e s s a r y i n c o n s u l t at i o n w i t h t h e

competent authority, may object to the appointment of the operator.

(2) If the Licensing Authority objects to the operator appointed

by the licensee, the licensee shall appoint a suitable alternative

operator or assume the responsibilities of the operator under these

regulations.

The Licensing Authority shall ensure that the licensing

procedures for offshore oil and gas operations relating to a given

licensed area shall be organised in such a way that information

collected as a result of exploration can be considered by the

Licensing Authority prior to the commencement of production

operations.

When assessing the technical and financial capabilities of

an applicant for a licence, the Licensing Authority, in consultation

with the relevant competent authorities, shall especially take into

account any environmentally sensitive marine and coastal

environments, in particular ecosystems which play an important

role in mitigation and adaptation to climate change, such as salt

marshes and sea grass beds, and marine protected areas, such as

special areas of conservation pursuant to the Council Directive 92/

43/EEC of 21 May 1992 on the conservation of natural habitats and

of wild fauna and flora, special protection areas pursuant to the

Directive 2009/147/EC of the European Parliament and of the

Council of 30 November 2009 on the conservation of wild birds,

and marine protected areas as agreed by the European Union or

Member States concerned within the framework of any

international or regional agreements to which they are a party.

(1) The drilling of an exploration well from a non-

pr o d uc ti o n i ns ta ll a t i on s h a l l n o t b e c o m m e n c e d u nl e s s t h e

Licensing Authority shall have previously ensured that early and

effective public participation on the possible effects of planned

offshore oil and gas operations on the environment pursuant to

other European Union legal acts, in particular Directive 2001/42/

EC or 2011/92/EU as appropriate, has been undertaken.

(2) Where public participation has not been undertaken

pursuant to sub-regulation (1), the Licensing Authority shall ensure

that the following arrangements are made

(a) the public is informed, by means of a notice in the

Gazette or in at least one local daily newspaper in the

English language and in the Maltese language, where

it is planned to allow exploration operations;

(b) the public concerned is identified, including the public

affected or likely to be affected by, or having an

interest in, the decision to allow exploration

operations, including relevant non-governmental

organisations such as those promoting environmental

protection, and other relevant organisations;

(c) relevant information about such planned operations is

made available to the public at the time the notice

referred to in paragraph (a) is published including,

inter alia, information about the right to participate in

decision-making, and to whom comments or questions

may be submitted;

(d) the public is entitled to express comments and

opinions within eight (8) weeks from the time the

notice referred to in paragraph (a) is published at a

time when all options are open before decisions to

allow exploration are taken;

(e) when decisions under paragraph (d) are taken, due

account is taken of the results of the public

participation; and

(f)

the public is informed not more than a maximum of

four (4) weeks after decisions under paragraph (d) are

taken, about the decisions taken and the reasons

therefor and the considerations upon which those

decisions are based, including information about the

public participation process.

(3) This regulation does not apply in respect of areas licensed

before 18 July 2013.

The Licensing Authority shall ensure that

(a) production installations and connected infrastructure

are operated only in licensed areas and only by

operators appointed for that purpose pursuant to

regulation 6;

(b) the licensee ensures the operator has the capacity to

meet the requirements for specific operations within

the framework of the licence; and

(c) throughout all offshore oil and gas operations the

licensee takes all reasonable steps to ensure that the

operator meets the requirements, carries out its

functions, and discharges its duties under these

regulations.

Where the competent authority determines that the

operator no longer has the capacity to meet the relevant

requirements under these regulations, the competent authority shall

inform the Licensing Authority in writing. The Licensing Authority

shall then notify the licensee thereof and the licensee shall assume

responsibility for the discharge of the duties concerned and shall,

without delay, propose a replacement operator to the Licensing

Authority.

(1) The Licensing Authority shall ensure that operations

relating to production and non-production installations are not

commenced or continued until the report on major hazards has been

accepted by the competent authority in accordance with these

regulations.

(2) The Licensing Authority shall ensure that well operations

or combined operations are not commenced or continued until the

report on major hazards for the installations involved has been

accepted by the competent authority in accordance with these

regulations. Furthermore, such operations shall not be commenced

or continued where a notification of well operations or a

notification of combined operations has not been submitted

pursuant to regulation 24(1)(h) and (i) to the competent authority or

where the competent authority expresses objections to the content

of a notification.

The Licensing Authority shall ensure that a safety zone is

established around an installation and that vessels are prohibited

from entering or remaining in that safety zone

Provided that such prohibition shall not apply to a vessel

entering or remaining in the safety zone

(a) in connection with the laying, inspection, testing,

repair, maintenance, alteration, renewal or removal of

any submarine cable or pipeline in or near that safety

zone;

(b) to provide services for or to transport persons or goods

to or from any installation in that safety zone;

(c) to inspect any installation or connected infrastructure

in that safety zone under the authority of the

Government of Malta;

(d) in connection with saving or attempting to save life or

property;

(e) owing to stress of weather;

(f)

when in distress; or

(g) if there is consent from the operator, owner or the

Government of Malta in which the safety zone is

located.

For the purposes of these regulations, a mechanism for

effective participation in tripartite consultation between the

competent authority, operators and owners, and trade unions

representing the majority of the workers in the formulation of

standards and policies dealing with major accident prevention,

shall be established by the Licensing Authority.

Without prejudice to the existing scope of liability relating

to the prevention and remediation of environmental damage

pursuant to Directive 2004/35/EC, the licensee is financially liable

for the prevention and remediation of environmental damage as

defined in that Directive, caused by offshore oil and gas operations

carried out by, or on behalf of, the licensee or the operator.

There shall be a body, to be known as the Offshore Safety

(Oil and Gas) Board, which shall perform the functions of the

competent authority under these regulations.

(1) The functions of the competent authority shall include

(a) assessing and accepting reports on major hazards,

assessing design notifications, and assessing

notifications of well operations or combined

operations, and other similar documents that are

submitted to it;

(b) overseeing compliance by operators and owners with

these regulations;

(c) advising other authorities or bodies, including the

Licensing Authority;

(d) making annual plans pursuant to securing compliance

with the regulatory framework for major accident

prevention;

(e) producing reports in pursuance to its functions;

(f)

cooperating with the competent authorities or contact

points pursuant to regulation 44; and

(g) any other function as may be assigned to it in writing

by the Minister.

(2) In the exercise of its functions the competent authority

shall

(a) act independently of policies, regulatory decisions or

other considerations unrelated to its duties under these

regulations;

(b) make clear the extent of its responsibilities and the

OFFSHORE SAFETY (OIL AND GAS)

responsibilities of the operator and the owner for the

control of major accident risks under these

regulations;

(c) establish a policy, process and procedures for thorough

assessment of reports on major hazards and

notifications submitted by means of the reports and

documents required under regulation 24 as well as for

overseeing compliance with these regulations,

including inspection, investigation and enforcement

actions;

(d) make the policy, process and procedures pursuant to

paragraph (c) available to operators and owners and

make summaries thereof available to the public;

(e) where necessary, prepare and implement coordinated

or joint procedures with other national authorities to

undertake its duties under these regulations; and

(f)

base its policy, organisation and operational

procedures on the principles set out in Schedule Three.

(1) The Minister shall appoint members to serve as expert

members on the competent authority.

(2)

The competent authority shall be composed as follows

(a) a Chairperson, who shall be a technically competent

person in the field of safety of offshore oil and gas

operations and who shall be responsible for the

organisation of the work of the competent authority;

(b) one member from the Licensing Authority;

(c) one member from the Authority for Transport in

Malta;

(d) one member from the authority responsible for

environment in Malta; and

(e) any other member or members from any authority

which, in the opinion of the Minister, after

consultation with the competent authority, may have a

regulatory function in the field of oil and gas

operations.

(3) The Minister may, after consultation with the other relevant

authorities

(a) prescribe by regulations any new functions on the

competent authority for purposes connected with

offshore oil and gas operations; and

(b) terminate by prescribing regulations any function of

the competent authority.

(1) Each member of the competent authority shall hold

office for a period between one and three years on such terms and

conditions as the Minister may by instrument in writing direct. The

members so appointed may be re-appointed on the expiry of their

Provided that they shall remain in office on completion of

their term, until the Minister formally informs them of the

appointment of a substitute.

(2) A member of the competent authority may, by notice in

writing addressed to the Minister, resign from office.

(3) The Minister may remove a member of the competent

authority from office if, in the opinion of the Minister, such

member is unfit to continue in office or has become incapable of

properly performing his duties as a member.

(1) The competent authority shall meet as often as

necessary to discharge its functions, either at the request of the

Chairperson or at the request of any other two members.

(2) The quorum for each meeting shall not be less than one half

of the total number of members of the competent authority.

However, when a quorum is not reached, another meeting may be

convened with the same agenda by not later than forty-eight (48)

hours and in the eventuality that a quorum is still not attained, the

me mb e r s p r e s e n t bei ng n ot les s th a n t wo ( 2) in c l ud in g th e

Chairperson, shall be deemed to constitute a quorum

Provided that without prejudice to sub-regulation (1), the

competent authority shall regulate its own procedures.

The competent authority shall inform the Minister of the

necessary financial and human resources to fulfil its obligations

under these regulations and the Minister shall ensure that such

resources are made available. Such resources shall be

commensurate with the extent of offshore oil and gas operations

and may be recovered from licensees, operators or owners.

The competent authority shall be entitled to engage persons

to serve as individual expert advisers or to set up advisory

committees and appoint members to serve on such advisory

committees as may be useful and appropriate for the competent

authority to enable it to better discharge its responsibilities and

functions.

(1) The competent authority shall ensure that no

individual expert advisor or any member serving on the said

advisory committees may be compromised by conflicts of interest.

(2) It shall be the duty of every individual expert advisor or any

member serving on the said advisory committees, who has a

pecuniary interest, direct or indirect, in any matter to disclose

openly such interest by writing to the Chairperson as soon as such

pecuniary interest arises and not later than one week after it arises.

A person who fails to comply with the provisions of this regulation

shall be guilty of an offence against this regulation.

(1) In order to carry out offshore oil and gas operations the

operator or the owner shall submit to the competent authority

(a) the corporate major accident prevention policy or an

adequate description thereof, in accordance with

regulations 32 and 35;

(b) the safety and environmental management system

applicable to the installation, or an adequate

description thereof, in accordance with regulations 33

and 35;

(c) in the case of a planned production installation, a

design notification in accordance with the

requirements of item 1 of Schedule One;

(d) a description of the scheme of independent verification

in accordance with regulation 30;

(e) a report on major hazards, in accordance with

regulations 25 and 26;

(f)

in the event of a material change or dismantling of an

installation, an amended report on major hazards in

accordance with regulations 25 and 26;

(g) the internal emergency response plan or an adequate

description thereof, in accordance with regulations 27

and 45;

(h) in the case of a well operation, a notification of that

well operation and information on that well operation

in accordance with regulation 28;

(i)

in the case of a combined operation, a notification of

combined operations in accordance with regulation 29;

(j)

in the case of an existing production installation which

is to be moved to a new production location where it is

to be operated, a relocation notification in accordance

with item 1 of Schedule One; and

(k) any other relevant document requested by the

competent authority.

(2) The documents to be submitted under sub-regulation (1)(a),

(b), (d) and (g) shall be included with the report on major hazards

required under sub-regulation (1)(e). The corporate major accident

prevention policy of an operator of a well shall, where not

previously submitted, be included with the notification of well

operations to be submitted under sub-regulation (1)(h).

(3) The design notification required pursuant to sub-regulation

(1)(c) shall be submitted to the competent authority by a deadline

set by the competent authority before the intended submission of

the report on major hazards for the planned operation. The

competent authority shall respond to the design notification with

comments to be taken into account in the report on major hazards.

(4) Where an existing production installation is to enter or

leave the offshore waters, the operator shall notify the competent

authority in writing prior to the date on which the production

installation is due to enter or leave the offshore waters.

(5) The relocation notification required pursuant to sub-

regulation (1)(j) shall be submitted to the competent authority at a

stage that is sufficiently early in the proposed development to

enable the operator to take into account any matters raised by the

competent authority during the preparation of the report on major

hazards.

(6) Where there is a material change affecting the design

notification or the relocation notification prior to the submission of

the report on major hazards, the competent authority shall be

notified of that change as soon as possible.

(7) The report on major hazards required pursuant to sub-

regulation (1)(e) shall be submitted to the competent authority by

not later than sixteen (16) weeks before the planned

commencement of the operations or by such other deadlines set by

the competent authority.

(1) The operator or the owner shall prepare and submit to

the competent authority a report on major hazards for a production

installation, to be submitted pursuant to regulation 24(1)(e). That

report shall contain the information specified in items 2 and 5 of

Schedule One and shall be updated whenever appropriate or when

so required by the competent authority.

(2) The trade unions representing the majority of workers shall

be consulted at the relevant stages in the preparation of the report

on major hazards for a production installation, and the operator or

the owner shall ensure that evidence is provided to this effect in

accordance with item 2(c) of Schedule One.

(3) The report on major hazards for a production installation

may be prepared in relation to a group of installations, subject to

the agreement of the competent authority.

(4) Where further information is necessary before a report on

major hazards can be accepted, the operator shall provide, at the

request of the competent authority, such information and make any

necessary changes to the submitted report on major hazards.

(5) Where modifications are to be made to the production

installation that entail a material change, or it is intended to

dismantle a fixed production installation, the operator shall prepare

an amended report on major hazards, to be submitted pursuant to

regulation 24(1)(f) by a deadline specified by the competent

authority, in accordance with item 6 of Schedule One.

(6) Planned modifications shall not be brought into use nor any

dismantlement commenced until the competent authority has

accepted the amended report on major hazards for the production

installation.

(7) The report on major hazards for a production installation

shall be subject to a thorough periodic review by the operator at

least every five years or earlier when so required by the competent

authority. The results of the review shall be notified to the

competent authority.

(1) The owner shall prepare and submit to the competent

authority a report on major hazards for a non-production

installation, to be submitted pursuant to regulation 24(1)(e). That

report shall contain the information specified in items 3 and 5 of

Schedule One and shall be updated whenever appropriate or when

so required by the competent authority.

(2) The trade unions representing the majority of workers shall

be consulted at the relevant stages in the preparation of the report

on major hazards for a non-production installation, and the owner

shall ensure that evidence is provided to this effect in accordance

with item 3(b) of Schedule One.

(3) Where further information is necessary before a report on

major hazards for a non-production installation can be accepted,

the owner shall provide, at the request of the competent authority,

such information and make any necessary changes to the submitted

report on major hazards.

(4) Where modifications are to be made to the non-production

installation that entail a material change, or it is intended to

dismantle a fixed non-production installation, the owner shall

prepare an amended report on major hazards, to be submitted

pursuant to regulation 24(1)(f) by a deadline specified by the

competent authority, in accordance with item 6(a), (b) and (c) of

Schedule One.

(5) For a fixed non-production installation, the planned

modifications shall not be brought into use nor any dismantlement

commenced until the competent authority has accepted the

amended report on major hazards for the fixed non-production

installation.

(6) For a mobile non-production installation, the planned

modifications shall not be brought into use until the competent

authority has accepted the amended report on major hazards for the

mobile non-production installation.

(7) The report on major hazards for a non-production

installation shall be subject to a thorough periodic review by the

owner at least every five years or earlier when so required by the

competent authority. The results of the review shall be notified to

the competent authority.

(1) Operators or owners, as appropriate, shall prepare

internal emergency response plans to be submitted pursuant to

regulation 24(1)(g). The plans shall be prepared in accordance with

regulation 45 taking into account the major accident risk

assessment undertaken during preparation of the most recent report

on major hazards. The plan shall include an analysis of the oil spill

response effectiveness.

(2) In the event that a mobile non-production installation is to

be used for carrying out well operations, the internal emergency

response plan for the installation shall take into account the risk

assessment undertaken during the preparation of the notification of

well operations to be submitted pursuant to regulation 24(1)(h).

Where the internal emergency response plan has to be amended due

to the particular nature or location of the well, the operator of the

well shall submit the amended internal emergency response plan, or

an adequate description thereof, to the competent authority to

complement the relevant notification of well operations.

(3) In the event that a non-production installation is to be used

for carrying out combined operations, the internal emergency

response plan shall be amended to cover the combined operations

and shall be submitted to the competent authority to complement

the relevant notification of the combined operations.

(1) The operator of a well shall prepare the notification to

be submitted pursuant to regulation 24(1)(h) to the competent

authority. It shall be submitted by not later than sixteen (16) weeks

before the commencement of the well operation or by such other

deadlines set by the competent authority. The said notification of

well operations shall contain details of the design of the well and

the proposed well operations in accordance with item 4 of Schedule

One. This shall include an analysis of the oil spill response

effectiveness.

(2) The competent authority shall consider the notification and,

if deemed necessary, take appropriate action before the well

operations are commenced, which may include prohibiting the

operation from being commenced.

(3) The operator of the well shall involve the independent

verifier in planning and preparation of a material change to the

submitted notification of well operations pursuant to regulation

30(4)(b) and that it immediately informs the competent authority of

any material change to the submitted notification of well

operations. The competent authority shall consider those changes

and, if deemed necessary, take appropriate action.

(4) The operator of the well shall submit reports of well

operations to the competent authority in accordance with the

requirements of Schedule Two. The reports shall be submitted at

weekly intervals, starting on the day of commencement of the well

operations, or at intervals specified by the competent authority.

(1) Operators and owners involved in a combined

operation shall jointly prepare the notification to be submitted

pursuant to regulation 24(1)(i). The notification shall contain the

information specified in item 7 of Schedule One. One of the

operators shall submit the notification of combined operations to

the competent authority. The notification shall be submitted by a

deadline set by the competent authority before combined operations

are commenced.

(2) The competent authority shall consider the notification and,

if deemed necessary, take appropriate action before the combined

operations are commenced, which may include prohibiting the

operation from being commenced.

(3) The operator who submitted the notification shall inform

without delay the competent authority of any material change to the

submitted notification. The competent authority shall consider

those changes and, if deemed necessary, take appropriate action.

(1) Operators and owners shall establish schemes for

independent verification and shall prepare a description of such

schemes, to be submitted pursuant to regulation 24(1)(d) and

included within the safety and environmental management system

submitted pursuant to regulation 24(1)(b). The description shall

contain the information specified in item 5 of Schedule One.

(2) The results of the independent verification shall be without

prejudice to the responsibility of the operator or the owner for the

correct and safe functioning of the equipment and systems under

verification.

(3) The selection of the independent verifier and the design of

schemes for independent verification shall meet the criteria of

Schedule Five.

(4) The schemes

for

independent

verification

shall

be

established

(a) in respect of installations, to give independent

assurance that the safety and environmental critical

elements identified in the risk assessment for the

installation, as described in the report on major

hazards, are suitable and that the schedule of

examination and testing of the safety and

environmental critical elements is suitable, up-to-date

and operating as intended; and

(b) in respect of notifications of well operations, to give

independent assurance that the well design and well

control measures are suitable for the anticipated well

conditions at all times.

(5) Operators and owners shall respond to and take appropriate

action based on the advice of the independent verifier.

(6) Operators and owners shall ensure that advice received

from the independent verifier pursuant to sub-regulation (4)(a) and

records of action taken on the basis of such advice are made

available to the competent authority and retained by the operator or

the owner for a period of six months after completion of the

offshore oil and gas operations to which they relate.

(7) Operators of wells shall ensure that the findings and

comments of the independent verifier pursuant to sub-regulation

(4)(b) and their actions in response to those findings and comments

are presented in the notification of well operations prepared in

accordance with regulation 28.

(8) For a production installation, the verification scheme shall

be in place prior to the completion of the design. For a non-

production installation, the scheme shall be in place prior to the

commencement of operations in the offshore waters.

The competent authority shall

(a) prohibit the operation or commencement of operations

on any installation or any connected infrastructure

where the measures proposed in the report on major

hazards for the prevention or limiting the

consequences of major accidents or notifications of

well operations or combined operations submitted

pursuant to regulation 24(1)(h) and (i) are considered

insufficient to fulfil the requirements set out in these

regulations;

(b) in exceptional situations and where it considers that

safety and environmental protection are not

compromised, shorten the time interval required

between the submission of the report on major hazards

or other documents to be submitted pursuant to

regulation 24 and the commencement of operations;

(c) require the operator to take such proportionate

measures as it considers necessary to ensure the

prevention of major accidents in offshore oil and gas

operations;

(d) where regulation 11 applies, take adequate measures to

ensure the continuing safety of operations; and

(e) require improvements and, if necessary, prohibit the

continued operation of any installation or any part

thereof or any connected infrastructure where it is

shown by the outcome of an inspection, a

determination pursuant to regulation 11, a periodic

review of the report on major hazards submitted

pursuant to regulation 24(1)(e) or by changes to

notifications submitted pursuant to regulation 24, that

the requirements of these regulations are not being

fulfilled or there are reasonable concerns about the

safety of offshore oil and gas operations or

installations.

(1) Operators and owners shall prepare a document setting

out their corporate major accident prevention policy which is to be

submitted pursuant to regulation 24(1)(a) and to ensure that it is

implemented throughout their offshore oil and gas operations,

including by setting up appropriate monitoring arrangements to

assure effectiveness of the policy. The document shall contain the

information specified in item 8 of Schedule One.

(2) The corporate major accident prevention policy shall take

account of the operators’ primary responsibility for, inter alia, the

control of risks of a major accident that are a result of its operations

and for continuously improving control of those risks so as to

ensure a high level of protection at all times.

Operators and owners shall prepare a document setting out

their safety and environmental management system which is to be

submitted pursuant to regulation 24(1)(b). The document shall

include a description of the

(a) organisational arrangements for control of major

hazards;

(b) arrangements for preparing and submitting reports on

major hazards, and other documents as appropriate,

pursuant to these regulations; and

(c) schemes for independent verification established

pursuant to regulation 30.

Operators and owners shall contribute to mechanisms for

effective tripartite consultation established pursuant to regulation

14. When appropriate, an operator’s and owner’s commitment to

such mechanisms may be outlined in the corporate major accident

prevention policy.

The corporate major accident prevention policy and the

safety and environmental management system shall be prepared in

accordance with items 8 and 9 of Schedule One and Schedule Four.

The following conditions shall apply

(a) the corporate major accident prevention policy shall be

in writing and shall establish the overall aims and

arrangements for controlling the risk of a major

accident, and how those aims are to be achieved and

arrangements put into effect at corporate level; and

(b) the safety and environmental management system shall

be integrated within the overall management system of

the operator or owner and shall include organisational

structure, responsibilities, practices, procedures,

processes and resources for determining and

implementing the corporate major accident prevention

policy.

Operators and owners shall prepare and maintain a

complete inventory of emergency response equipment pertinent to

their offshore oil and gas operation.

Operators and owners in consultation with the competent

authority and making use of the exchanges of knowledge,

information and experience provided for in regulation 44(1), shall

prepare and revise standards and guidance on best practice in

relation to the control of major hazards throughout the design and

operational life-cycle of offshore oil and gas operations, and that as

a minimum they follow the outline in Schedule Six.

Operators and owners shall ensure that their corporate

major accident prevention policy document referred to in

regulation 32(1) also covers their production and non-production

installations outside of the European Union.

Where an activity carried out by an operator or an owner

poses an immediate danger to human health or significantly

increases the risk of a major accident, the operator or the owner

shall take suitable m easures which may include, if deemed

necessary, suspending the relevant activity until the danger or risk

is adequately controlled. Where such measures are taken, the

o perato r or th e o wn er shall n oti fy t he com pet ent aut ho ri ty

accordingly without delay and no later than 24 hours after taking

those measures.

Operators and owners shall take suitable measures to use

suitable technical means or procedures in order to promote the

reliability of the collection and recording of relevant data and to

prevent possible manipulation thereof.

(1) Companies registered in Malta and conducting,

themselves or through subsidiaries, offshore oil and gas operations

outside the European Union as licence holders or operators shall

report to the competent authority, on request, the circumstances of

any major accident in which they have been involved.

(2) In the request for a report pursuant to sub-regulation (1),

the competent authority shall specify the details of the information

required. Such reports shall be exchanged in accordance with

regulation 44(1).

(1) Operators and owners shall comply with the measures

established in the report on major hazards and in the plans referred

to in the notification of well operations and notification of

combined operations, submitted pursuant to regulation 24(1)(e), (h)

and (i).

(2) Operators and owners shall provide the competent

authority, or any other persons acting under the direction of the

competent authority, with transport to or from an installation or

vessel associated with oil and gas operations, including the

conveyance of their equipment, at any reasonable time, and with

accommodation, meals and other subsistence in connection with the

visits to the installations, for the purpose of facilitating the

c o m p e t e n t a u t h o r i t y ’s o v e r s i g h t , i n c l u d i n g i n s p e c t i o n s ,

investigations and enforcement of compliance with these

regulations.

(3) The competent authority shall develop annual plans for

effective oversight, including inspections, of major hazards based

on risk management and with particular regard to compliance with

the report on major hazards and other documents submitted

pursuant to regulation 24. The effectiveness of the plans shall be

regularly reviewed and the competent authority shall take any

necessary measures to improve them.

(1) The competent authority shall establish mechanisms in

order to facilitate confidential reporting of safety and

environmental concerns relating to offshore oil and gas operations

from any source, and the investigation of such reports while

maintaining the anonymity of the individuals concerned.

(2) Operators and owners shall communicate details of the

national arrangements for the mechanisms referred to in sub-

regulation (1) to their employees and contractors connected with

the operation and their employees, and shall ensure that reference

to confidential reporting is included in relevant training and

notices.

(1) The competent authority shall regularly exchange

knowledge, information and experience with other competent

authorities, inter alia, through the European Union Offshore Oil

and Gas Authorities Group (EUOAG), and engage in consultations

on the application of relevant national and European Union law

w i t h t h e i n d u s t r y, o t h e r s t a k e h o l d e r s a n d t h e E u r o p e a n

Commission.

(2) Knowledge, information and experience exchanged

pursuant to sub-regulation (1) shall concern, in particular, the

functioning of the measures for risk management, major accident

prevention, verification of compliance and emergency response

relating to offshore oil and gas operations within the European

Union, as well as outside of the European Union where appropriate.

(3) The competent authority shall participate in establishing

clear joint priorities for the preparation and updating of standards

and guidance in order to identify and facilitate the implementation

and consistent application of best practices in offshore oil and gas

operations together with the corresponding authorities of other

Member States.

(1) The competent authority shall ensure that the internal

emergency response plans prepared by the operator or the owner in

accordance with regulation 27 and submitted pursuant to regulation

24(1)(g) shall be

(a) put into action without delay to respond to any major

accident or a situation where there is an immediate risk

of a major accident; and

(b) consistent with the external emergency response plan

as referred to in the Offshore (Oil and Gas) External

Emergency Response Regulations.

(2) The competent authority shall ensure that the operator and

the owner maintain equipment and expertise relevant to the internal

emergency response plan in order for that equipment and expertise

to be available at all times and to be made available as necessary to

the authorities responsible for the execution of the external

emergency response plan where the internal emergency response

plan applies.

(3) The internal emergency response plan shall be prepared in

accordance with item 10 of Schedule One and updated as a

consequence of any material change to the report on major hazards

or notifications submitted pursuant to regulation 24. Any such

updates shall be submitted to the competent authority pursuant to

regulation 24(1)(g) and notified to the relevant authority or

authorities responsible for preparing the external emergency

response plans for the area concerned.

(4) The internal emergency response plan shall be integrated

with other measures relating to protection and rescue of personnel

from the stricken installation so as to secure a good prospect of

personal safety and survival.

Whosoever knowingly acts in violation of any provisions

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) of not less than ten thousand euro (€10,000) and not

exceeding two million euro (€2,000,000) or to imprisonment which

shall not exceed a term of five years, 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 ten thousand euro (€10,000) for each

day during which such act subsists which fine (multa) shall also be

applicable for the purposes of article 377(3) of the Criminal Code.

Schedule One

Information to be included in documents submitted to the

competent authority pursuant to regulation 24

1. INFORMATION TO BE SUBMITTED IN A DESIGN OR

INSTALLATION

The design notification and the relocation notification for a

production installation to be submitted pursuant to regulation

24(1)(c) and (j) shall contain at least the following information

(a) the name and address of the operator of the

installation;

(b) a description of the design process for the production

operations and systems, from an initial concept to the

submitted design or selection of an existing

installation, the relevant standards used, and the

design concepts included in the process;

(c) a description of the selected design concept in relation

to the major hazard scenarios for the particular

installation and its location, and the primary risk

control features;

(d) a demonstration that the concept contributes to

reducing major hazard risks to an acceptable level;

(e) a description of the installation and the conditions at

its intended location;

(f)

a description of any environmental, meteorological

and seabed limitations on safe operations, and the

arrangements for identifying risks from seabed and

marine hazards such as pipelines and the moorings of

adjacent installations;

(g) a description of the types of major hazard operations to

be carried out;

(h) a general description of the safety and environmental

management system by which the intended major

accident risk control measures are to be maintained in

good effect;

(i)

a description of the independent verification schemes

and an initial list of safety and environmental critical

elements and their required performance;

(j)

where an existing production installation is to be

moved to a new location to serve a different

production operation, a demonstration that the

OFFSHORE SAFETY (OIL AND GAS)

installation is suitable for the proposed production

operation;

(k) where a non-production installation is to be converted

for use as a production installation, a justification

demonstrating that the installation is suitable for such

conversion.

2. INFORMATION TO BE SUBMITTED IN A REPORT ON

MAJOR HAZARDS FOR OPERATION OF A PRODUCTION

INSTALLATION

Reports on major hazards for a production installation to be

prepared in accordance with regulation 25 and submitted pursuant

to regulation 24(1)( e ) shall contain at least the following

information

(a) a description of the account taken of the competent

authority’s response to the design notification;

(b) the name and address of the operator of the

installation;

(c) a summary of any worker involvement in the

preparation of the report on major hazards;

(d) a description of the installation and any association

with other installations or connected infrastructure,

including wells;

(e) demonstration that all the major hazards have been

identified, their likelihood and consequences assessed,

including any environmental, meteorological and

seabed limitations on safe operations, and that their

control measures including associated safety and

environmental critical elements are suitable so as to

reduce the risk of a major accident to an acceptable

level; this demonstration shall include an assessment

of oil spill response effectiveness;

(f)

a description of the types of operations with major

hazard potential to be carried out, and the maximum

number of persons that can be on the installation at any

time;

(g) a description of equipment and arrangements to ensure

well control, process safety, containment of hazardous

substances, prevention of fire and explosion,

protection of the workers from hazardous substances,

and protection of the environment from an incipient

major accident;

(h) a description of the arrangements to protect persons on

the installation from major hazards, and to ensure their

safe escape, evacuation and rescue, and arrangements

for the maintenance of control systems to prevent

damage to the installation and the environment in the

event that all personnel are evacuated;

(i)

relevant codes, standards and guidance used in the

construction and commissioning of the installation;

(j)

information, regarding the operator’s safety and

environmental management system, that is relevant to

the production installation;

(k) an internal emergency response plan or an adequate

description thereof;

(l)

a description of the independent verification scheme;

(m) any other relevant details, for example where two or

more installations operate in combination in a way

which affects the major hazard potential of either or all

installations;

(n) the information relevant to other requirements under

these regulations obtained pursuant to the major

accident prevention requirements of Directive 92/91/

EEC;

(o) in respect of operations to be conducted from the

installation, any information relating to the prevention

of major accidents resulting in significant or serious

damage to the environment relevant to other

requirements under these regulations, obtained

pursuant to Directive 2011/92/EU;

(p) an

assessment

of

the

identified

potential

environmental effects resulting from the loss of

containment of pollutants arising from a major

accident, and a description of the technical and non-

technical measures envisaged to prevent, reduce or

offset them, including monitoring.

3. INFORMATION TO BE SUBMITTED IN A REPORT ON

MAJOR HAZARDS FOR A NON-PRODUCTION

INSTALLATION

Reports on major hazards for a non-production installation to be

prepared in accordance with regulation 26 and submitted pursuant

to regulation 24(1)( e ) shall contain at least the following

information

(a) the name and address of the owner;

(b) a summary of any worker involvement in the

preparation of the report on major hazards;

(c) a description of the installation and, in the case of a

mobile installation, a description of its means of

transfer between locations, and its stationing system;

(d) a description of the types of operations with major

hazard potential that the installation is capable of

performing, and the maximum number of persons that

can be on the installation at any time;

(e) demonstration that all the major hazards have been

identified, their likelihood and consequences assessed,

including any environmental, meteorological and

seabed limitations on safe operations and that their

control measures including associated safety and

environmental critical elements are suitable so as to

OFFSHORE SAFETY (OIL AND GAS)

reduce the risk of a major accident to an acceptable

level; this demonstration shall include an assessment

of any oil spill response effectiveness;

(f)

a description of the plant and arrangements to ensure

well control, process safety, containment of hazardous

substances, prevention of fire and explosion,

protection of the workers from hazardous substances,

and protection of the environment from a major

accident;

(g) a description of the arrangements to protect persons on

the installation from major hazards, and to ensure their

safe escape, evacuation and rescue, and arrangements

for the maintenance of control systems to prevent

damage to the installation and the environment in the

event that all personnel are evacuated;

(h) relevant codes, standards and guidance used in the

construction and commissioning of the installation;

(i)

demonstration that all the major hazards have been

identified for all operations the installation is capable

of performing, and that the risk of a major accident is

reduced to an acceptable level;

(j)

a description of any environmental, meteorological

and seabed limitations on safe operations, and the

arrangements for identifying risks from seabed and

marine hazards such as pipelines and the moorings of

adjacent installations;

(k) information, regarding the safety and environmental

management system, that is relevant to the non-

production installation;

(l)

an internal emergency response plan or an adequate

description thereof;

(m) a description of the independent verification scheme;

(n) any other relevant details, for example where two or

more installations operate in combination in a way

which affects the major hazard potential of either or all

installations;

(o) in respect of operations to be conducted from the

installation, any information obtained pursuant to

Directive 2011/92/EU relating to the prevention of

major accidents resulting in significant or serious

damage to the environment relevant to other

requirements under these regulations;

(p) an

assessment

of

the

identified

potential

environmental effects resulting from the loss of

containment of pollutants arising from a major

accident, and a description of the technical and non-

technical measures envisaged to prevent, reduce or

offset them, including monitoring.

4. INFORMATION

TO

BE

SUBMITTED

IN

A

NOTIFICATION OF WELL OPERATIONS

Notifications of well operations to be prepared in accordance

with regulation 28 and submitted pursuant to regulation 24(1)(h)

shall contain at least the following information

(a) the name and address of the operator of the well;

(b) the name of the installation to be used and the name

and address of the owner or, in the case of a production

installation, the contractor undertaking drilling

activities;

(c) details that identify the well and any association with

installations and connected infrastructure;

(d) information on the well work programme, including

the period of its operation, details and verification of

barriers against loss of well control (equipment,

drilling fluids and cement etc.), directional control of

the well path, and limitations on safe operations in

keeping with the risk management;

(e) in the case of an existing well, information regarding

its history and condition;

(f)

any details concerning safety equipment to be

deployed that are not described in the current report on

major hazards for the installation;

(g) a risk assessment incorporating a description of

(i)

the particular hazards associated with the well

operation

including

any

environmental,

meteorological and seabed limitations on safe

operations;

(ii) the subsurface hazards;

(iii) any surface or sub-sea operations which

introduce simultaneous major hazard potential;

and

(iv) suitable control measures;

(h) a description of the well configuration at the end of

operations - i.e. permanently or temporarily

abandoned; and whether production equipment has

been placed into the well for future use;

(i)

in the case of a modification to a previously submitted

notification of well operations, sufficient details to

fully update the notification;

(j)

where a well is to be constructed, modified or

maintained by means of a non-production installation,

additional information as follows

(i)

a

description

of

any

environmental,

meteorological and seabed limitations on safe

operations, and arrangements for identifying

risks from seabed and marine hazards such as

pipelines and the moorings of adjacent

installations;

(ii) a description of environmental conditions that

have been taken into account within the internal

OFFSHORE SAFETY (OIL AND GAS)

emergency response plan for the installation;

(iii) a

description

of

emergency

response

arrangements including arrangements for

responding in cases of environmental incidents

that are not described in the report on major

hazards; and

(iv) a description of how the management systems of

the operator of the well and the owner are to be

coordinated to ensure effective control of major

hazards at all times;

(k) a report with findings of the independent well

examination, including a statement by the operator of

the well that, after considering the report and findings

of independent well examination by the independent

verifier, the risk management relating to well design

and its barriers to loss of control are suitable for all

anticipated conditions and circumstances;

(l)

the information relevant to these regulations obtained

pursuant to the major accident prevention

requirements of Directive 92/91/EEC;

(m) in respect of the well operations to be conducted, any

information relevant to other requirements under these

regulations obtained pursuant to Directive 2011/92/EU

relating to the prevention of major accidents resulting

in significant or serious damage to the environment.

5. INFORMATION TO BE SUBMITTED RELATING TO A

VERIFICATION SCHEME

Descriptions to be submitted pursuant to regulation 24(1)(d) in

relation to schemes of independent verification to be established

pursuant to regulation 30(1) shall include

(a) a statement by the operator or owner, made after

considering the report of the independent verifier, that

the record of safety critical elements and their scheme

of maintenance as specified in the report on major

hazards are or will be suitable;

(b) a description of the verification scheme including the

selection of independent verifiers, the means of

verification that safety and environmental critical

elements and any specified plant in the scheme remain

in good repair and condition;

(c) a description of the means of verification referred to in

sub-item (b) above that shall include details of the

principles that will be applied to carry out the

functions under the scheme and to keep the scheme

under review throughout the life-cycle of the

installation including

(i)

the examination and testing of the safety and

environmental critical elements by independent

and competent verifiers;

(ii) verification of the design, standard, certification

or other system of conformity of the safety and

environmental critical elements;

(iii) examination of work in progress;

(iv) the reporting of any instances of non-

compliance; and

(v) remedial actions taken by the operator or owner.

6. INFORMATION TO BE PROVIDED IN RESPECT OF A

MATERIAL CHANGE TO AN INSTALLATION, INCLUDING

REMOVAL OF A FIXED INSTALLATION

Where material changes are to be made to the installation as

referred to in regulation 25(5) and regulation 26(4), the amended

report on major hazards incorporating the material changes to be

submitted pursuant to regulation 24(1)(f) shall contain at least the

following information

(a) the name and address of the operator or the owner;

(b) a summary of any worker involvement in the

preparation of the revised report on major hazards;

(c) sufficient details to fully update the earlier report on

major hazards and associated internal emergency

response plan for the installation and to demonstrate

major hazard risks are reduced to an acceptable level;

(d) in the case of taking a fixed production installation out

of use

(i)

means of isolating all hazardous substances and

in the case of wells connected to the installation,

the permanent sealing of the wells from the

installation and the environment;

(ii) a description of major hazard risks associated

with the decommissioning of the installation to

workers and the environment, the total exposed

population, and the risk control measures;

(iii) emergency response arrangements to secure safe

evacuation and rescue of personnel and to

maintain control systems for preventing a major

accident to the environment.

7. INFORMATION

TO

BE

SUBMITTED

IN

A

NOTIFICATION OF COMBINED OPERATIONS

The notification of combined operations to be prepared pursuant

to regulation 29 and submitted pursuant to regulation 24(1)(a) shall

contain at least the following information

(a) the name and address of the operator submitting the

notification;

(b) in the event that other operators or owners are

involved in the combined operations their names and

addresses, including a confirmation that they agree

with the contents of the notification;

(c) a description, in the form of a bridging document

authorised by all parties to the document, of how the

OFFSHORE SAFETY (OIL AND GAS)

management systems for the installations involved in

the combined operation will be coordinated so as to

reduce the risk of a major accident to an acceptable

level;

(d) a description of any equipment to be used in

connection with the combined operation but which is

not described in the current report on major hazards

for any of the installations involved in the combined

operations;

(e) a summary of the risk assessment carried out by all

operators and owners involved in the combined

operations, which shall include

(i)

a description of any operation during the

combined operation which may involve hazards

with the potential to cause a major accident on

or in connection with an installation;

(ii) a description of any risk control measures

introduced as a result of the risk assessment;

(f)

a description of the combined operation and a

programme of work.

8. INFORMATION TO BE SUBMITTED IN RESPECT OF A

CORPORATE MAJOR ACCIDENT PREVENTION POLICY

The corporate major accident prevention policy to be prepared in

accordance with regulation 32(1) and submitted pursuant to

regulation 24(1)(a) shall include but not be limited to

(a) the responsibility at corporate board level for ensuring,

on a continuous basis, that the corporate major

accident prevention policy is suitable, implemented,

and operating as intended;

(b) measures for building and maintaining a strong safety

culture with a high likelihood of continuous safe

operation;

(c) the extent and intensity of process auditing;

(d) measures for rewarding and recognising desired

behaviours;

(e) the evaluation of the company’s capabilities and goals;

(f)

measures for maintenance of safety and environmental

protection standards as a corporate core value;

(g) formal command and control systems that include

board members and senior management of the

company;

(h) the approach to competency at all levels of the

company;

(i)

the extent to which sub-items (a) to (h) above are

applied in the company’s offshore oil and gas

operations conducted outside the European Union.

9. INFORMATION TO BE PROVIDED IN RESPECT OF A

SAFETY AND ENVIRONMENTAL MANAGEMENT SYSTEM

The safety and environmental management system to be prepared

pursuant to regulation 33 and submitted pursuant to regulation

24(1)(b) shall include but not be limited to

(a) organisation structure

and

personnel

roles

and

responsibilities;

(b) identification and evaluation of major hazards as well

as their likelihood and potential consequences;

(c) integration of environmental impact into major

accident risk assessments in the report on major

hazards;

(d) controls of

the

major

hazards

during

normal

operations;

(e) management of change;

(f)

emergency planning and response;

(g) limitation of damage to the environment;

(h) monitoring of performance;

(i)

audit and review arrangements; and

(j)

the measures in place for participating in tripartite

consultations and how actions resulting from those

consultations are put into effect.

10. INFORMATION TO BE PROVIDED IN AN INTERNAL

EMERGENCY RESPONSE PLAN

Internal emergency response plans to be prepared pursuant to

regulation 27 and submitted pursuant to regulation 24(1)(g) shall

include but not be limited to

(a) names and positions of persons authorised to initiate

emergency response procedures and the person

directing the internal emergency response;

(b) name or position of the person with responsibility for

liaising with the authority or authorities responsible

for the external emergency response plan;

(c) a description of all foreseeable conditions or events

which could cause a major accident, as described in

the report on major hazards to which the plan is

attached;

(d) a description of the actions that will be taken to control

conditions or events which could cause a major

accident and to limit their consequences;

(e) a description of the equipment and the resources

available, including for capping any potential spill;

(f)

arrangements for limiting the risks to persons on the

installation and the environment, including how

warnings are to be given and the actions persons are

expected to take on receipt of a warning;

(g) in the case of combined operation, arrangements for

coordinating escape, evacuation and rescue between

the installations concerned, to secure a good prospect

OFFSHORE SAFETY (OIL AND GAS)

of survival for persons on the installations during a

major accident;

(h) an estimate of oil spill response effectiveness.

Environmental conditions to be considered in this

response analysis shall include

(i)

weather, including wind, visibility, precipitation

and temperature;

(ii) states, tides, and currents;

(iii) presence of ice and debris;

(iv) hours of daylight; and

(v) other known environmental conditions that

might influence the efficiency of the response

equipment or the overall effectiveness of a

response effort;

(i)

arrangements for providing early warning of a major

accident to the authority or authorities responsible for

initiating the external emergency response plan, the

type of information which shall be contained in an

initial warning and the arrangements for the provision

of more detailed information as it becomes available;

(j)

arrangements for training personnel in the duties they

will be expected to carry out, and where necessary

coordinating this with external emergency responders;

(k) arrangements for coordinating internal emergency

response with external emergency response;

(l)

evidence of prior assessments of any chemicals used as

dispersants that have been carried out to minimise

public health implications and any further

environmental damage.

Schedule Two

Reports of well operations to be submitted to the competent

authority pursuant to regulation 28(4)

The reports to be submitted shall contain at least the following

information

(a) the name and address of the operator of the well;

(b) the name of the installation and the name and address

of the operator or owner;

(c) details that identify the well and any association with

installations or connected infrastructure;

(d) a summary of the operations undertaken since the

commencement of operations or since the previous

report;

(e) the diameter and true vertical and measured depths of

(i)

any hole drilled; and

(ii) any casing installed;

(f)

the drilling fluid density at the time of making the

report; and

(g) in the case of operations relating to an existing well,

its current operational state.

Schedule Three

Provisions relating to the appointment and functioning of the

competent authority pursuant to regulations 16 and 17

1. Provisions relating to the appointment of the competent

authority

(a) For the purposes of appointing the competent authority

responsible for the duties set out in regulation 17, the

following shall be undertaken

(i)

the making of organisational arrangements

which allow for the duties assigned to the

competent authority in these regulations to be

effectively discharged, including arrangements

for regulating safety and environmental

protection in an equitable manner;

(ii) the preparation of a policy statement describing

the aims of oversight and enforcement, and the

obligations on the competent authority to

achieve

transparency,

consistency,

proportionality and objectivity in its regulation

of offshore oil and gas operations.

(b) The following necessary provisions to bring the

arrangements in sub-item (a) above into effect shall be

made

(i)

funding sufficient specialist expertise available

internally or by formal agreements with third

parties or both in order that the competent

authority

may

inspect

and

investigate

operations, take enforcement action, and to

handle reports on major hazards and

notifications;

(ii) where there is reliance on external sources of

expertise, funding the preparation of sufficient

written guidance and oversight to maintain

consistency of approach and to ensure the

legally appointed competent authority retains

full responsibility under these regulations;

(iii) funding essential training, communication,

access to technology, travel and subsistence of

competent authority personnel for the carrying

out of their duties, and to facilitate the active

cooperation between competent authorities

pursuant to regulation 44;

OFFSHORE SAFETY (OIL AND GAS)

(iv)

where appropriate, requiring operators or owners

to reimburse the competent authority for the cost

of carrying out its duties pursuant to these

regulations;

(v)

funding and encouraging research pursuant to

the competent authority’s duties under these

regulations;

(vi)

providing funding for reports by the competent

authority.

2. Provisions relating to the functioning of the competent

authority

(a) For the purposes of carrying out its duties pursuant to

regulation 17 effectively, the competent authority shall

prepare

(i)

a written strategy that describes its duties,

priorities for action i.e. in design and operation

of installations, integrity management and in

emergency preparedness and response, and how

it is organised;

(ii) operating procedures that describe how it will

inspect and enforce the execution of the duties

of operators and owners under these regulations,

including how it will handle, assess and accept

reports on major hazards, handle notifications of

well operations and how the intervals between

inspection of major hazard risk control

measures, including to the environment, for a

given installation or activity are to be

determined;

(iii) procedures for carrying out its duties without

prejudice to other responsibilities, for example

onshore oil and gas operations, and

arrangements pursuant to Directive 92/91/EEC;

(iv) where the competent authority is comprised of

more than one body, a formal agreement

establishing the necessary mechanisms for joint

operation of the competent authority, including

senior management oversight and monitoring

and reviews, joint planning and inspection,

division of responsibilities for handling reports

on major hazards, joint investigation, internal

communications, and reports to be published

jointly externally.

(b) The detailed procedures for assessment of reports on

major hazards shall require all factual information and

other particulars required under these regulations to be

provided by the operator or the owner. As a minimum

the competent authority shall ensure that the

requirements for the following information are clearly

specified in guidance to operators and owners

(i)

all foreseeable hazards with the potential to

OFFSHORE SAFETY (OIL AND GAS)

cause a major accident, including to the

environment, have been identified, their risks

evaluated and measures identified, including

emergency responses, to control the risks;

(ii) the safety and environmental management

system is adequately described to demonstrate

compliance with these regulations;

(iii) adequate arrangements have been described for

independent verification, and for audit by the

operator or owner.

(c) In undertaking a thorough assessment of reports on

major hazards, the competent authority shall ensure

that

(i) all factual information required is provided;

(ii) the operator or the owner has identified all

reasonably foreseeable major accident hazards

that apply to the installation and its functions,

together with potential initiating events, and that

the methodology and evaluation criteria adopted

for major accident risk management are clearly

explained, including factors for uncertainty in

the analysis;

(iii) the risk management have taken into

consideration all relevant stages in the life-cycle

of the installation and have anticipated all

foreseeable situations including

(aa) how the design decisions described in the

design notification have taken account of

risk management so as to ensure inherent

safety and environmental principles are

incorporated;

(bb) how well operations are to be conducted

from the installation when operating;

(cc) how well operations are to be undertaken

and

temporarily

suspended

before

production is commenced from a

production installation;

(dd) how combined operations are to be

undertaken with other installation;

(ee) how the decommissioning of the

installation will be undertaken;

(iv) how risk reduction measures identified as part of

the risk management are intended to be

implemented if necessary to reduce risks to an

acceptable level;

(v) whether, in determining the necessary measures

to achieve acceptable levels of risk, the operator

or owner has clearly demonstrated how relevant

good practice and judgment based on sound

engineering, best management practice, and

human and organisational factors principles have

OFFSHORE SAFETY (OIL AND GAS)

been taken into account;

(vi)

whether the measures and arrangements for the

detection of, and the rapid and effective

response to, an emergency are clearly identified

and justified;

(vii)

how escape, evacuation and rescue arrangements

and measures to limit escalation of an

emergency and reduce its impact on the

environment are integrated in a logical and

systematic manner, taking account of the likely

emergency conditions in which they will be

operated;

(viii) how the requirements are incorporated in the

internal emergency response plans and whether a

copy or an adequate description of the internal

emergency response plan has been submitted to

the competent authority;

(ix) whether

the

safety

and

environmental

management system described in the report on

major hazards is adequate to ensure control of

the major hazard risks at each stage of the

installation life-cycle, and ensures compliance

with all relevant legal provisions, and provides

for

auditing

and

implementing

audit

recommendations; and

(x) whether the scheme for independent verification

is clearly explained.

Schedule Four

Provisions by operators and owners for prevention of major

accidents pursuant to regulation 35

1. Operators and owners shall

(a) pay particular attention to evaluation of the reliability

and integrity requirements of all safety and

environmental critical systems and base their

inspection and maintenance systems on achieving the

required level of safety and environmental integrity;

(b) take appropriate measures to ensure as far as

reasonably practicable that there is no unplanned

escape of hazardous substances from pipelines, vessels

and systems intended for their safe confinement. In

addition, operators and owners shall ensure that no

single failure of a containment barrier can lead to a

major accident;

(c) prepare an inventory of available equipment, its

ownership, location, transport to and mode of

deployment at the installation and any entities relevant

to the implementation of the internal emergency

response plan. The inventory shall identify measures

in place to ensure equipment and procedures are

maintained in operable condition;

(d) ensure they have a suitable framework for monitoring

compliance with all relevant statutory provisions by

incorporating their statutory duties in respect of major

hazards control and environmental protection into

their standard operating procedures; and

(e) pay particular attention to building and maintaining a

strong safety culture with a high likelihood of

continuous safe operation, including with regard to

securing cooperation of the workers through, inter

alia

(i)

visible commitment to tripartite consultations

and actions arising therefrom;

(ii) encouraging and rewarding reporting of

accidents and near-misses;

(iii) working effectively with elected safety

representatives; and

(iv) protecting whistleblowers.

2. Industry shall cooperate with the competent authority to

establish and implement a priority plan for the development of

standards, guidance and rules which will give effect to best practice

in major accident prevention, and limitation of consequences of

major accidents should they nonetheless occur.

Schedule Five

Selection of the independent verifier and the design of schemes for

independent verification pursuant to regulation 30(3)

1. The operator or owner shall ensure the following

conditions are fulfilled with regard to the verifier’s independence

from the operator and the owner

(a) the function does not require the independent verifier

to consider any aspect of a safety and environmental

critical element or any part of an installation or a well

or a well design in which the verifier was previously

involved prior to the verification activity or where his

or her objectivity might be compromised;

(b) the independent verifier is sufficiently independent of

a management system which has, or has had, any

responsibility for any aspect of a component covered

by the scheme for independent verification or well

examination so as to ensure objectivity in carrying out

his or her functions under the scheme.

2. The operator or the owner shall ensure that, in respect of

the scheme for independent verification relating to an installation

or a well, the following conditions are fulfilled

(a) the

independent

verifier

has

suitable

technical

OFFSHORE SAFETY (OIL AND GAS)

competence, including where necessary, suitably

qualified and experienced personnel in adequate

numbers who fulfil the requirements of item 1 above;

(b) tasks under the scheme for independent verification

are appropriately allocated by the independent verifier

to personnel qualified to undertake them;

(c) suitable arrangements are in place for the flow of

information between the operator or owner and the

independent verifier; and

(d) the independent verifier is given suitable authority to

be able to carry out the functions effectively.

3. Material changes shall be referred to the independent

verifier for further verification in accordance with the scheme for

independent verification, and the outcomes of such further

verification shall be communicated to the competent authority, if

requested.

Schedule Six

Information relating to priorities for cooperation between operators

and owners and the competent authority pursuant to regulation 37

The matters to be considered for establishing priorities for the

development of standards and guidance shall give practical effect

to major accident prevention and limitation of their consequences.

The matters shall include

(a) improving well integrity, well control equipment and

barriers and monitoring their effectiveness;

(b) improving primary containment;

(c) improving secondary containment that restricts

escalation of an incipient major accident, including

well blow-outs;

(d) reliable decision making;

(e) management

and

supervision

of

major

hazard

operations;

(f)

competency of key post holders;

(g) effective risk management;

(h) reliability assessment for safety and environmental

critical systems;

(i)

key performance indicators;

(j)

effectively integrating safety and environmental

management systems between operators and owners

and other entities involved in oil and gas operations.