Commission implementing regulation (EU) No 1112/2014 of 13 October 2014 has been adopted and will enter into force on 11 November 2014, 20 days after its publication in the Official Journal of the European Union. The regulation is another development relating to Directive 2013/30/EU, the “Offshore Safety Directive” and addresses articles 23(2) and 24(2) of the Directive which require an implementing act by the Commission to:
- Determine a common data reporting format and the details of information to be shared;
- Determine a common publication format that enables easy cross-border comparison of data.
Template reporting and publication formats are set out in the regulations and can be accessed here. Annex IX of the Directive sets out the information to be shared by the competent authority, and operators and owners, and includes:
- unintended release of oil, gas or other hazardous substances, whether or not ignited;
- loss of well control requiring actuation of well control equipment, or failure of a well barrier requiring its replacement or repair;
- failure of a safety and environmental critical element;
- significant loss of structural integrity, or loss of protection against the effects of fire or explosion, or loss of station keeping in relation to a mobile installation;
- vessels on collision course and actual vessel collisions with an offshore installation;
- helicopter accidents, on or near offshore installations;
- any fatal accident;
- any serious injuries to 5 or more persons in the same accident;
- any evacuation of personnel;
- a major environmental incident.
In terms of timescales, the regulation states that operators and owners of offshore oil and gas installations have to submit the reports within 10 working days of the event. A reporting period has been established of 1 January – 31 December, to start from calendar year 2016. Timescales for Member States to publish the reported information is no later than 1 June of the year following a reporting period. A common publication format is to be used, on the website of the competent authority.
In the meantime, industry discussions continue with regards to implementation of the Directive. A summary of responses to the Directive consultation are still awaited. The final drafts of new legislation and updated guidance based on consultation responses is due in October 2014 – November 2014, for implementation in July 2015.