Offshore Industry Series

Transcription

1 Overview assessment of the implementation of OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry Offshore Industry Series 2012

2 Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry OSPAR Convention The Convention for the Protection of the Marine Environment of the North-East Atlantic (the OSPAR Convention ) was opened for signature at the Ministerial Meeting of the former Oslo and Paris Commissions in Paris on 22 September The Convention entered into force on 25 March The Contracting Parties are Belgium, Denmark, the European Union, Finland, France, Germany, Iceland, Ireland, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom Convention OSPAR La Convention pour la protection du milieu marin de l'atlantique du Nord-Est, dite Convention OSPAR, a été ouverte à la signature à la réunion ministérielle des anciennes Commissions d'oslo et de Paris, à Paris le 22 septembre La Convention est entrée en vigueur le 25 mars Les Parties contractantes sont l'allemagne, la Belgique, le Danemark, l Espagne, la Finlande, la France, l Irlande, l Islande, le Luxembourg, la Norvège, les Pays-Bas, le Portugal, le Royaume-Uni de Grande Bretagne et d Irlande du Nord, la Suède, la Suisse et l Union européenne. Acknowledgement This overview assessment was prepared by the Netherlands as lead country with the support of Ms Luisa Rodriguez Lucas and Ms Sylvie Ashe of the OSPAR Secretariat. 2

3 OSPAR Commission 2012 Contents 1. Introduction OSPAR Recommendation 2003/ Implementation reporting General reporting requirements Reporting requirements under Recommendation 2003/ Overview on Implementation report on compliance Overview on Implementation report on effectiveness... 5 Appendix Reporting on Implementation of OSPAR Recommendation 2003/

4 Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry 1. Introduction 1.1 OSPAR Recommendation 2003/5 The goal of Recommendation 2003/5 is that by the end of 2005 all operators within Contracting Parties' jurisdiction in the OSPAR maritime area should have in place Environmental Management Systems (EMS) that are in accordance with the principles of internationally recognised standards. OSPAR Recommendation 2003/5 applies to Contracting Parties which have offshore installations under their jurisdiction in the OSPAR maritime area. 1.2 Implementation reporting General reporting requirements Under Article 22 of the OSPAR Convention, Contracting Parties shall report to the Commission at regular intervals on the national measures (legal, regulatory, or other) taken by them to implement the provisions of the decisions and recommendations adopted under the OSPAR Convention and on the effectiveness of these national measures. This implementation reporting forms the basis for OSPAR to assess the compliance by Contracting Parties with the Convention and ultimately to evaluate the effectiveness of programmes and measures under the Convention. Detailed provisions on implementation reporting and related assessments by OSPAR are laid down in OSPAR s Standard Implementation Reporting and Assessment Procedure (reference number , update 2005). Unless stated otherwise in the OSPAR instrument concerned, the practice has been in general that an implementation report should be submitted to the appropriate OSPAR subsidiary body in the intersessional period four years after the adoption of a measure and every four years thereafter until fully implemented. Implementation reporting does not apply to Contracting Parties with reservations (or non-acceptance) on an OSPAR measure unless and until the reservation (or non-acceptance) is lifted Reporting requirements under Recommendation 2003/5 Reports on the implementation of OSPAR Recommendation 2003/5 should be submitted by Contracting Parties with offshore installations using as far as possible the format set out in Appendix 1 of the Recommendation, by 31 October If necessary, subsequent reports on implementation should be made on a regular basis. A first set of implementation reports on OSPAR Recommendation 2003/5 was submitted to OIC 2007, and the overview assessment of the reports was published by OSPAR 2007 (Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5. Publication number 312/2007). OIC 2007 noted that not all Contracting Parties had yet reported on full compliance with this recommendation and therefore agreed that there was a value in continuing reporting on implementation and effectiveness of OSPAR Recommendation 2003/5. A second set of implementation reports on OSPAR Recommendation 2003/5 was submitted to OIC 2011, but a number of reports were outstanding and were not submitted until OIC The Netherlands as task manager has prepared the present overview assessment on the basis of these reports, which are attached at Appendix 1. 4

5 OSPAR Commission Overview on Implementation report on compliance Denmark, Germany, Ireland, the Netherlands, Norway, Spain and United Kingdom have completed the reporting format for the implementation on OSPAR Recommendation 2003/5. France indicated that the Recommendation is not applicable to France. Table 1 below provides an overview of countries which have reported, including any reservations applied and the means of implementation of OSPAR Recommendation 2003/5. Table 1: Implementation report on compliance with OSPAR Recommendation 2003/5 and means of implementation of OSPAR Recommendation 2003/5 Reservation applies Applicable Legislation Implementation by: Administrative action Negotiated agreement Denmark No Yes No Yes Yes France Not applicable Germany No Yes No Yes No Ireland No Yes No info Yes No info Netherlands No Yes No No Yes Norway No Yes Yes No No Spain No Yes No No Yes United Kingdom No Yes No Yes Yes 3. Overview on Implementation report on effectiveness Reports at Appendix 1 provide detailed information on the implementation of Recommendation 2003/5 over the period , showing the number of operators: (1) to which the Recommendation applies; (2) which have EMS in place; (3) with EMS registered according to EMAS; (4) with EMS certified according to ISO 14001; (5) with EMS according to other standars; and (6) making annual public statement. For 2010, data reported show that: a. in Denmark 2 out of 3 operators to which Recommendation 2003/5 applies have EMS in place according to ISO standard and that 2 out of 3 operators make an annual public statement; 5

6 Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry b. in Germany all 3 operators to which this Recommendation applies have EMS in place in accordance to ISO standard and all of them make an annual public statement; c. in Ireland all 3 operators to which Recommendation 2003/5 applies have EMS in place. One operator has EMS certified according to the ISO standard and 2 have EMS certified on the basis of other standards. Two out of the 3 operators make an annual public statement; d. in the Netherlands the number of operators, having EMS in place certified according to ISO standard, increased from 5 to 8 over the period All 10 Dutch operators have made an annual public statement; e. in Norway all 23 operators to which this Recommendation applies have EMS in place. 2 of these operators have EMS according to EMAS and 3 operators have EMS certified according to the ISO standard. In addition, 12 operators have EMS according to ISO 14001, but not formally certified. All Norwegian operators present an annual public statement; f. in Spain the operator to which Recommendation 2003/4 applies has EMS in place which is certified in accordance to the ISO standard; g. in the United Kingdom the total number of operators having EMS in place increased from 45 in 2006 to 55 in From these 55 operators 24 have a certified system according to the ISO standard. 50 out of the 55 operators are making an annual statement. The United Kingdom requires all operators conducting offshore activities to have an EMS and to submit an annual public statement. The increase in the number of operators having EMS is place therefore relates to new operators conducting offshore activities on the UK Continental Shelf. 6

7 OSPAR Commission 2012 Appendix 1 Reporting on Implementation of OSPAR Recommendation 2003/5 to Promote the Use and Implementation of Environmental Management Systems by the Offshore Industry (Note: In accordance with paragraph 5.1 of the Recommendation, this format should be used as far as possible in implementation reports) I. Implementation Report on Compliance Country: Denmark Reservation applies Is measure applicable in your country? No Yes If not applicable, then state why not (e.g. no relevant installation) Means of Implementation: by legislation by administrative action by negotiated agreement No Yes Yes Please provide information on: a. specific measures taken to give effect to this measure; In the Danish Offshore Action Plan from December 2005 is stated the following requirements: Environmental management and reporting: by no later than 2006, operators must introduce environmental management under a system ready for certification or other similar scheme. If another scheme is chosen, an independent third party must verify compliance with the legislative requirements on environmental reporting and measurement methods; for 2006 and thereafter, each operator must prepare and annual environmental report and make it available to the public. The report must describe the environmental impacts of the oil and gas production, including emissions and discharges of substances to the atmosphere and the sea. b. any special difficulties encountered, such as practical or legal problems, in the implementation of this measure; None c. the reasons for not having fully implemented this measure should be spelt out clearly and plans for full implementation should be reported; Not applicable. d. if appropriate, progress towards being able to lift the reservation Not applicable. 7

8 Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry II. Implementation Report on Effectiveness (Note: The following data and information should be reported to the extent possible. Please state the reasons, if some required data and information cannot be provided) Total number of operators to which this Recommendation Applies Total number of operators with EMS in place registered according to EMAS certified according to ISO according to other standards Number of operators making annual public statement

9 OSPAR Commission 2012 Format for Reporting on Implementation of OSPAR Recommendation 2003/5 to Promote the Use and Implementation of Environmental Management Systems by the Offshore Industry (Note: In accordance with paragraph 5.1 of the Recommendation, this format should be used as far as possible in implementation reports) I. Implementation Report on Compliance Country: Germany Reservation applies Is measure applicable in your country? no yes If not applicable, then state why not (e.g. no relevant installation) Means of Implementation: by legislation by administrative action by negotiated agreement no yes No Please provide information on: a. specific measures taken to give effect to this measure; b. any special difficulties encountered, such as practical or legal problems, in the implementation of this measure; d. the reasons for not having fully implemented this measure should be spelt out clearly and plans for full implementation should be reported; e. if appropriate, progress towards being able to lift the reservation. 9

10 Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry II. Implementation Report on Effectiveness (Note: The following data and information should be reported to the extent possible. Please state the reasons, if some required data and information cannot be provided). Total number of operators to which this Recommendation applies Total number of operators with EMS in place registered according to EMAS certified according to ISO according to other standards Number of operators making annual public statement * 3 ** * Companies use their own standards which cover also ISO ** see

11 OSPAR Commission 2012 Format for Reporting on Implementation of OSPAR Recommendation 2003/5 to Promote the Use and Implementation of Environmental Management Systems by the Offshore Industry (Note: In accordance with paragraph 5.1 of the Recommendation, this format should be used as far as possible in implementation reports) I. Implementation Report on Compliance Country: Ireland Reservation applies Is measure applicable in your country? no yes If not applicable, then state why not (e.g. no relevant installation) Means of Implementation: by legislation by administrative action by negotiated agreement yes Please provide information on: a. specific measures taken to give effect to this measure; Ireland is currently working towards putting OSPAR recommendations and decisions on a statutory basis. b. any special difficulties encountered, such as practical or legal problems, in the implementation of this measure; c. the reasons for not having fully implemented this measure should be spelt out clearly and plans for full implementation should be reported; f. if appropriate, progress towards being able to lift the reservation. 11

12 Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry II. Implementation Report on Effectiveness (Note: The following data and information should be reported to the extent possible. Please state the reasons, if some required data and information cannot be provided). Total number of operators to which this Recommendation applies Total number of operators with EMS in place registered according to EMAS certified according to ISO according to other standards Number of operators making annual public statement

13 OSPAR Commission 2012 Format for Reporting on Implementation of OSPAR Recommendation 2003/5 to Promote the Use and Implementation of Environmental Management Systems by the Offshore Industry (Note: In accordance with paragraph 5.1 of the Recommendation, this format should be used as far as possible in implementation reports) I. Implementation Report on Compliance Country: The Netherlands Reservation applies no Is measure applicable in your country? yes If not applicable, then state why not (e.g. no relevant installation) Means of Implementation: by legislation by administrative action by negotiated agreement no no yes Please provide information on: a. specific measures taken to give effect to this measure; This OSPAR measure has been implemented through the so-called Environmental Covenant which has effect between b. any special difficulties encountered, such as practical or legal problems, in the implementation of this measure; No g. the reasons for not having fully implemented this measure should be spelt out clearly and plans for full implementation should be reported; Not applicable h. if appropriate, progress towards being able to lift the reservation. Not applicable 13

14 Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry II. Implementation Report on Effectiveness (Note: The following data and information should be reported to the extent possible. Please state the reasons, if some required data and information cannot be provided.) Total number of operators to which this Recommendation applies Total number of operators with EMS in place registered according to EMAS certified according to ISO according to other standards Number of operators making annual public statement ** 9** 9** * 5* 5* *** * One operator claims to have an EMS based on the ISO principles according to article 3.1 of this recommendation. This has been verified in accordance to article 3.1 of this recommendation which means that this operator should be in compliance with this recommendation. However this operator also states in its annual report to not have implemented all elements of the ISO standard, i.e. the tasks, responsibility and authority with regard to environmental aspects within the organisation has not been defined; ** 3 out of the nine operators claim there EMS to be based on the ISO principles but no verification by bodies not connected with the operator has been carried out according to article 3.1 of this recommendation. Some of the elements of the ISO standard are still missing; *** One operator has an EMS according to another standard in place but did not carry out an external audit by an independent auditing organisation. The operator does not fulfil the requirement as stated in article 3.1 of this recommendation. 14

15 OSPAR Commission 2012 Format for Reporting on Implementation of OSPAR Recommendation 2003/5 to Promote the Use and Implementation of Environmental Management Systems by the Offshore Industry (Note: In accordance with paragraph 5.1 of the Recommendation, this format should be used as far as possible in implementation reports) I. Implementation Report on Compliance Country: Norway Original: 1. Nov 2007 Update: 10. Nov 2010 Reservation applies No Is measure applicable in your country? Yes If not applicable, then state why not (e.g. no relevant installation) Means of Implementation: by legislation by administrative action by negotiated agreement Yes No No Please provide information on: a. specific measures taken to give effect to this measure; Operators are obliged by national regulations to have an Environmental Management System. This is confirmed during audits carried out by the authorities. b. any special difficulties encountered, such as practical or legal problems, in the implementation of this measure; No c. the reasons for not having fully implemented this measure should be spelt out clearly and plans for full implementation should be reported; -- d. if appropriate, progress towards being able to lift the reservation

16 Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry II. Implementation Report on Effectiveness (Note: The following data and information should be reported to the extent possible. Please state the reasons, if some required data and information cannot be provided.) Total number of operators to which this Recommendation applies Total number of operators with EMS in place registered according to EMAS certified according to ISO according to other standards Number of operators making annual public statement (32*) 23 # ** formally certified ## 4*** : * 8 operators with permanent offshore installations on the NCS and 32 if all licenced operators are counted. These have obligations of to perform exploration drillings on one or more licenses. In this report only information on the 8 permanently operating companies is considered. The national regulations do not require the operator to submit to the authorities any sertificates or other information on Environment Management Systems. This information is object to occasional audits. ** The operator has parts of its activity (projects) certified within EMAS *** 3 operators claim to have an EMS in accordance with ISO and the last one has a management system based on ISO 9001: : # 23 oil companies are operators for exploration drilling, production drilling or production activities. These are required to have EMS. In addition, 14 oil companies are registered, but do not have activities (yet) on the Norwegian Continental Shelf. ## In addition, 12 have EMS according to ISO 14001, but not formally certified 16

17 OSPAR Commission 2012 Format for Reporting on Implementation of OSPAR Recommendation 2003/5 to Promote the Use and Implementation of Environmental Management Systems by the Offshore Industry (Note: In accordance with paragraph 5.1 of the Recommendation, this format should be used as far as possible in implementation reports) I. Implementation Report on Compliance Country: SPAIN Reservation applies Is measure applicable in your country? no yes If not applicable, then state why not (e.g. no relevant installation) Means of Implementation: by legislation by administrative action by negotiated agreement No No yes Please provide information on: a. specific measures taken to give effect to this measure; b. any special difficulties encountered, such as practical or legal problems, in the implementation of this measure; c. the reasons for not having fully implemented this measure should be spelt out clearly and plans for full implementation should be reported; d. if appropriate, progress towards being able to lift the reservation. 17

18 Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry II. Implementation Report on Effectiveness (Note: The following data and information should be reported to the extent possible. Please state the reasons, if some required data and information cannot be provided.) Total number of operators to which this Recommendation applies Total number of operators with EMS in place registered according to EMAS certified according to ISO according to other standards Number of operators making annual public statement

19 OSPAR Commission 2012 Reporting on Implementation of OSPAR Recommendation 2003/5 to Promote the Use and Implementation of Environmental Management Systems by the Offshore Industry (Note: In accordance with paragraph 5.1 of the Recommendation, this format should be used as far as possible in implementation reports) I. Implementation Report on Compliance Country: United Kingdom covering years 2009/2010 Reservation applies No Is measure applicable in your country? Yes If not applicable, then state why not (e.g. no relevant installation) Means of Implementation: by legislation by administrative action by negotiated agreement No Yes Yes Please provide information on: a. specific measures taken to give effect to this measure; In recognition of the benefits of EMS, the United Kingdom Offshore Operators Association (now Oil and Gas UK), through their Sustainability Strategy, set a target that 90% of UKCS oil and gas production would be covered by an independently verified EMS by the end of Further to this, the UK s Department of Trade and Industry (now the Department of Energy and Climate Change, DECC) required that all approved operators of licensed blocks on the UKCS must have an EMS. DECC extended the latter requirement to implement OSPAR Recommendation 2003/5, requiring all operators to have an independently verified EMS that met the requirements of the Recommendation. The independent verification must be undertaken by a UKAS accredited body, and must be repeated every two years for operators who do not have ISO 14001, and every three years for operators who have ISO The verified status of the EMS is also confirmed before any permits consents or authorisations are issued under UK domestic environmental regulations. All operators of installations are also required to produce an annual public statement in accordance with the Recommendation. Full details of the provisions of OSPAR Recommendation 2003/5 and the UK implementation, verification and reporting requirements, are contained in DECC Guidance prepared for operators. The latest version of the Guidance and access to operators public statements are available at: b. any special difficulties encountered, such as practical or legal problems, in the implementation of this measure; Initially, difficulties were encountered in the interpretation of the requirements of the Recommendation, as some did not fully align with ISO and/or EMAS. As a result, the bodies undertaking the verification questioned the scope of that process, and expressed concern that their accredited status could be compromised because they had not been provided with verification guidance and standards. The verification bodies also expressed concern that operators may view compliance with OSPAR Recommendation 2003/5 as a less demanding option than gaining certification to ISO or registration to EMAS. In order to address these points and strengthen the requirements, DECC developed Guidance, as outlined in Section I(a) above. 19

20 Overview Assessment of Implementation Reports on OSPAR Recommendation 2003/5 to promote the use and implementation of environmental management systems by the offshore industry c. the reasons for not having fully implemented this measure should be spelt out clearly and plans for full implementation should be reported; The UK has fully implemented the Recommendation (and would encourage other CPs to fully implement the Recommendation). The UK continue to maintain the EMS requirement for all UK production licence operators on the UKCS. All current operators must therefore have an independently verified EMS in place, and the 2010 implementation report confirms that all current operators are in compliance with OSPAR Recommendation 2003/5 and the associated DECC Guidance. d. if appropriate, progress towards being able to lift the reservation Not applicable. II. Implementation Report on Effectiveness (Note: The following data and information should be reported to the extent possible. Please state the reasons, if some required data and information cannot be provided) Total number of operators to which this Recommendation Applies Total number of operators with EMS in place registered according to EMAS certified according to ISO according to other standards Number of operators making annual public statement Effectiveness data not available (refer to Section 1(b) of 2008 submission). 2. One operator failed to obtain independent verification. The operator was required to address the deficiencies in the EMS and seek re-verification, and achieved full compliance by the end of Annual statements relate to the previous calendar year, and DECC did not fully implement this requirement until All operators undertaking offshore activities during 2006 were therefore required to submit annual reports during A comparatively large number of new operators obtained licences during the 24 th and 25 th Licensing Rounds, in 2006 and 2008 respectively. All were required to have an independently verified EMS, but are not required to submit a public statement until they commence offshore operations. Public statements submitted during 2008 related to operations in 2007, and all operators undertaking offshore activities during 2007 submitted reports. 5. This reflects the number of operators currently conducting or planning offshore operations and takes account of new joint ventures, mergers and operators that have either not initiated or ceased offshore operations. Public statements are only submitted by operators who have conducted offshore operations. 20

21 Victoria House Southampton Row London WC1B 4DA United Kingdom t: +44 (0) f: +44 (0) e: OSPAR s vision is of a clean, healthy and biologically diverse North-East Atlantic used sustainably ISBN Publication Number: 587/2012 OSPAR Commission, Permission may be granted by the publishers for the report to be wholly or partly reproduced in publications provided that the source of the extract is clearly indicated. Commission OSPAR, La reproduction de tout ou partie de ce rapport dans une publication peut être autorisée par l Editeur, sous réserve que l origine de l extrait soit clairement mentionnée.