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Marine Pollution from Offshore Installations

Marine Pollution from Offshore Installations . Olena Bokareva JASN04 Marine Environmental Law Lund University May 9, 2012. Outline. Definition and types of offshore installations Threats to environment from seabed activities Major incidents International Legal Regime

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Marine Pollution from Offshore Installations

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  1. Marine Pollution from Offshore Installations Olena Bokareva JASN04 Marine EnvironmentalLaw Lund University May 9, 2012

  2. Outline • Definition and types of offshore installations • Threats to environmentfrom seabedactivities • Major incidents • International Legal Regime • Regional Conventions • Private Arrangements • Is there a need to have a separate regime for this type of activity?

  3. Oil production and reserves

  4. Natural gas reserves

  5. Undiscoveredoil and gas

  6. What is an offshore installation?

  7. A ship or installation? • About 6,000 fixedplatformshavebeeninstalled • Geneva Convention does not define ’installation’ • A ship or installation or both? (a shipcan be engaged in drilling, provide accommodation for persons working on an installation, installation in transit) • Supplyvessels • Stand-by vessels • Diving support vessels (DSV)

  8. Before and now Baku 1890 Baku now

  9. Challenges for the future

  10. Environmentalthreats from seabedactivities • Seismicsurvey • Drilling • Blowout • Operational pollution • Removal of disused installation

  11. Major incidents • Sea gem 1965 – 13 died • Piper Alpha 1973 – 167 died • Ekofisk 1977 – blowout, release of oil and gas • Alexander L Kielland 1980 – capsized, 123 died • Ocean Ranger 1982 – sank, 84 died • Montaraplatform 2009 • DeepwaterHorizon 2010 – blowout, sank, 11 died

  12. Blow-out (Deepwater Horizon,2010)

  13. Montaraplatform, Timor Sea 2009

  14. Removal or decommissioning

  15. International Regime • 1945 Truman Proclamation- right of the coastalstate to the naturalresources on itscontinentalshelf • 1950s – offshore exploration and productionhadbecome an industry of itsown right • 1958 Geneva Convention • 1982 UNCLOS • MARPOL 73/78

  16. The Continental shelfconvention, 1958 Article 2 1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. Article 5 1. The exploration of the continental shelf and the exploitation of its natural resources must not result in any unjustifiable interference with navigation, fishing or the conservation of the living resources of the sea, nor result in any interference with fundamental oceanographic or other scientific research carried out with the intention of open publication. 2. Subject to the provisions of paragraphs 1 and 6 of this article, the coastal State is entitled to construct and maintain or operate on the continental shelf installations and other devices necessary for its exploration and the exploitation of its natural resources, and to establish safety zones around such installations and devices and to take in those zones measures necessary for their protection.

  17. Article 5 cont. 3. The safety zones referred to in paragraph 2 of this article may extend to a distance of 500 metres around the installations and other devices which have been erected, measured from each point of their outer edge. Ships of all nationalities must respect these safety zones. 4. Such installations and devices, though under the jurisdiction of the coastal State, do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea of the coastal State. 5. Due notice must be given of the construction of any such installations, and permanent means for giving warning of their presence must be maintained. Any installations which are abandoned or disusedmust be entirely removed.

  18. 6. Neither the installations or devices, nor the safety zones around them, may be established where interference may be caused to the use of recognized sea lanes essential to international navigation. 7. The coastal State is obliged to undertake, in the safety zones, all appropriate measures for the protection of the living resources of the sea from harmful agents.

  19. UNCLOS, 1982 • Article 56 (1)(b)(i) rights, jurisdiction and duties of the coastal State in the EEZ • Article 60 Artificial islands, installations and structures in the exclusive economic zone • Article77 Rights of the coastal State over the continental shelf • Article 80 Artificial islands, installations and structures on the continental shelf Article 60 applies mutatis mutandis to artificial islands, installations and structures on the continental shelf. • Article 81 Drilling on the continental shelf

  20. UNCLOS, cont. • Article 192General obligation States have the obligation to protect and preserve the marine environment. • Article 193Sovereign right of States to exploit their natural resources States have the sovereign right to exploit their natural resources pursuant to their environmental policies and in accordance with their duty to protect and preserve the marine environment.

  21. Article 194 Measures to prevent, reduce and control pollution of the marine environment • 1. States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavour to harmonize their policies in this connection. • 2. States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention. • 3. The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These measures shall include, inter alia, those designed to minimize to the fullest possible extent: • (a) the release of toxic, harmful or noxious substances, especially those which are persistent, from land-based sources, from or through the atmosphere or by dumping; • (b) pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing intentional and unintentional discharges, and regulating the design, construction, equipment, operation and manning of vessels; • (c) pollution from installations and devices used in exploration or exploitation of the natural resources of the seabed and subsoil, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices; • (d) pollution from other installations and devices operating in the marine environment, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices. • 4. In taking measures to prevent, reduce or control pollution of the marine environment, States shall refrain from unjustifiable interference with activities carried out by other States in the exercise of their rights and in pursuance of their duties in conformity with this Convention. • 5. The measures taken in accordance with this Part shall include those necessary to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life.

  22. Article 197 Cooperation on a global or regional basis States shall cooperate on a global basis and, as appropriate, on a regional basis, directly or through competent international organizations, in formulating and elaborating international rules, standards and recommended practices and procedures consistent with this Convention, for the protection and preservation of the marine environment, taking into account characteristic regional features.

  23. Art. 208 Pollution from seabed activities subject to national jurisdiction • 1 Coastal States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment arising from or in connection with seabed activities subject to their jurisdiction and from artificial islands, installations and structures under their jurisdiction, pursuant to articles 60 and 80. • 2. States shall take other measures as may be necessary to prevent, reduce and control such pollution. • 3. Such laws, regulations and measures shall be no less effective than international rules, standards and recommended practices and procedures. • 4. States shall endeavour to harmonize their policies in this connection at the appropriate regional level. • 5. States, acting especially through competent international organizations or diplomatic conference, shall establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment referred to in paragraph l. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.

  24. Article 210 Pollution by dumping • 1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment by dumping. • 2. States shall take other measures as may be necessary to prevent, reduce and control such pollution. • 3. Such laws, regulations and measures shall ensure that dumping is not carried out without the permission of the competent authorities of States. • 4. States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary. • 5. Dumping within the territorial sea and the exclusive economic zone or onto the continental shelf shall not be carried out without the express prior approval of the coastal State, which has the right to permit, regulate and control such dumping after due consideration of the matter with other States which by reason of their geographical situation may be adversely affected thereby. • 6. National laws, regulations and measures shall be no less effective in preventing, reducing and controlling such pollution than the global rules and standards.

  25. Article 214 Enforcement with respect to pollution from seabed activities States shall enforce their laws and regulations adopted in accordance with article 208 and shall adopt laws and regulations and take other measures necessary to implement applicable international rules and standards established through competent international organizations or diplomatic conference to prevent, reduce and control pollution of the marine environment arising from or in connection with seabed activities subject to their jurisdiction and from artificial islands, installations and structures under their jurisdiction, pursuant to articles 60 and 80.

  26. Article 235Responsibility and liability • 1. States are responsible for the fulfilment of their international obligations concerning the protection and preservation of the marine environment. They shall be liable in accordance with international law. • 2. States shall ensure that recourse is available in accordance with their legal systems for prompt and adequate compensation or other relief in respect of damage caused by pollution of the marine environment by natural or juridical persons under their jurisdiction. • 3. With the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall cooperate in the implementation of existing international law and the further development of international law relating to responsibility and liability for the assessment of and compensation for damage and the settlement of related disputes, as well as, where appropriate, development of criteria and procedures for payment of adequate compensation, such as compulsory insurance or compensation funds.

  27. MARPOL, Annex I(oil) and V(garbage) Article 2(4) Ship means a vessel of anytypewhatsoever operating in the marine environment and includeshydrofoil boats, air-cusionvehicles, submersibles, floatingcraft and fixed or floatingplatforms Annex I Regulation 39 Special requirenments for fixed or floatingplatforms 1.This regulationapplies to fixed or floatingplatformsincluding drilling rigs, floatingproduction, storage and offloadingfacilities (FPSOs) used for the offshore storage of oil, and floatingstorageunits (FSUs) used for the offshore storage of producedoil 2.Fixed or floatingplatformswhenengaged in the exploration, exploitation and associated offshore processing of sea-bed mineral resources and otherplatformsshallcomply with the requirenments of this Annex applicable to ships of 400 gross tonnage and aboveotherthanoil tankers

  28. Annex V Regulation 4 Special requirenments for disposal of garbage • 1 Subject to the provisions of para (2) of this regulation, the disposal of any materials regulated by this Annex is prohibited from fixed or floatingplatformsengaged in the exploration, exploitation and associated offshore processing of sea-bed mineral resources , and from all othershipswhenalongside or within 500m of suchplatforms • 2. The disposalinto the sea of foodwastesmay be permittedwhentheyhavebeen passed through a comminuter or grinder from suchfixed or floatingplatformslocatedmorethan 12 nauticalmiles from land and all othershipswhenalongside or within 500m of suchplatforms. Suchcomminuted or groundfoodwastesshall be capable of passingthrough a screen with opening no greaterthan 25 mm.

  29. International Convention on Oil Pollution Preparedness, response and Co-operation, 1990 2 (4) "Offshore unit" means any fixed or floating offshore installation or structure engaged in gas or oil exploration, exploitation or production activities, or loading or unloading of oil. 3 (2) Each Party shall require that operators of offshore units under its jurisdiction have oil pollution emergency plans, which are co- ordinated with the international system established in accordance with article 6 and approved in accordance with procedures established by the competent national authority.

  30. Regional Conventions • OSPAR • Barcelona Convention • Helsinki Convention • Kuwait Convention • Abidjan Convention • Most of these Conventions include the Protocols on offshore activities or Annexes

  31. OSPAR, 1992 • (j) "Offshore activities" means activities carried out in the maritime area for the purposes of the exploration, appraisal or exploitation of liquid and gaseous hydrocarbons. • (k) "Offshore sources" means offshore installations and offshore pipelines from which substances or energy reach the maritime area. • (l) "Offshore installation" means any man-made structure, plant or vessel or parts thereof, whether floating or fixed to the seabed, placed within the maritime area for the purpose of offshore activities.

  32. OSPAR, 1992 Article 5 pollution from offshore sources The Contracting Parties shall take, individually and jointly, all possible steps to prevent and eliminate pollution from offshore sources in accordance with the provisions of the Convention, in particular as provided for in Annex III.

  33. OSPAR Annex III Article 4 1. The use on, or the discharge or emission from, offshore sources of substances which may reach and affect the maritime area shall be strictly subject to authorisation or regulation by the competent authorities of the Contracting Parties. Such authorisation or regulation shall, in particular, implement the relevant applicable decisions, recommendations and all other agreements adopted under the Convention.

  34. Removal Article 5 • 1. No disused offshore installation or disused offshore pipeline shall be dumped and no disused offshore installation shall be left wholly or partly in place in the maritime area without a permit issued by the competent authority of the relevant Contracting Party on a case-by-case basis. The Contracting Parties shall ensure that their authorities, when granting such permits, shall implement the relevant applicable decisions, recommendations and all other agreements adopted under the Convention. • 2. No such permit shall be issued if the disused offshore installation or disused offshore pipeline contains substances which result or are likely to result in hazards to human health, harm to living resources and marine ecosystems, damage to amenities or interference with other legitimate uses of the sea.

  35. OSPAR Decision 98/3 on the Disposal of Disused Offshore Installations • Preamble • RECOGNISINGthat an increasing number of offshore installations in the maritime area are approaching the end of their operational life-time, • AFFIRMING that the disposal of such installations should be governed by the precautionary principle, which takes account of potential effects on the environment, • RECOGNISING that reuse, recycling or final disposal on land will generally be the preferred option for the decommissioning of offshore installations in the maritime area

  36. OSPAR Decision98/3 • "disused offshore installation" means an offshore installation, which is neither • a. serving the purpose of offshore activities for which it was originally placed within the maritime area, nor • b. serving another legitimate purpose in the maritime area authorised or regulated by the competent authority of the relevant Contracting Party; • but does not include: • c. any part of an offshore installation which is located below the surface of the sea‑bed, or • d. any concrete anchor-base associated with a floating installation which does not, and is not likely to, result in interference with other legitimate uses of the sea;

  37. Programmesand Measures • 2. The dumping, and the leaving wholly or partly in place, of disused offshore installations within the maritime area is prohibited. • 5. Any permit for a disused offshore installation to be dumped or permanently left wholly or partly in place shall accord with the requirements of Annex 4.

  38. Barcelona Convention, 1976 • Article 7 Pollution resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil The Contracting Parties shall take all appropriate measures to prevent, abate and combat pollution of the Mediterranean Sea area resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil.

  39. Offshore Protocol

  40. Helsinki Convention, 1992 • Article 12 Exploration and exploitation of the seabed and its subsoil • 1. Each Contracting Party shall take all measures in order to prevent pollution of the marine environment of the Baltic Sea Area resulting from exploration or exploitation of its part of the seabed and the subsoil thereof or from any associated activities thereon as well as to ensure that adequate preparedness is maintained for immediate response actions against pollution incidents caused by such activities. • 2. In order to prevent and eliminate pollution from such activities the Contracting Parties undertake to implement the procedures and measures set out in Annex VI, as far as they are applicable.

  41. Annex VI Prevention of pollution from offshore activities • 1. "Offshore activity" means any exploration and exploitation of oil and gas by a fixed or floating offshore installation or structure including all associated activities thereon; • 2. "Offshore unit" means any fixed or floating offshore installation or structure engaged in gas or oil exploration, exploitation or production activities, or loading or unloading of oil; • 3. "Exploration" includes any drilling activity but not seismic investigations; • 4. "Exploitation" includes any production, well testing or stimulation activity.

  42. Regulation 3: Environmental impact assessment and monitoring • 1. An environmental impact assessment shall be made before an offshore activity is permitted to start. • Regulation 8: Disused offshore units • The Contracting Parties shall ensure that abandoned, disused offshore units and accidentally wrecked offshore units are entirely removed and brought ashore under the responsibility of the owner and that disused drilling wells are plugged.

  43. Kuwait Convention,1978 Article VII Pollution resulting from exploration and exploitation of the bed of the territorial sea and its sub-soil and the continental shelf The Contracting States shall take all appropriate measures to prevent, abate and combat pollution in the Sea Area resulting from exploration and exploitation of the bed of the territorial sea and its sub-soil and the continental shelf, including the prevention of accidents and the combating of pollution emergencies resulting in damage to the marine environment.

  44. Kuwait Protocol, 1989 • 12. "Offshore Installation" means any structure, plant or vessel, whether floating or fixed to or under the seabed, placed in a location in the Protocol Area (defined in Item 16 in this Article) for the purpose of offshore operations, including any tanker for the time being moored and used for the temporary storage of oil, and including any plant for treating, storing or regaining control of the flow of crude oil; and for the purposes of certification under Article VI, an installation includes any integral part of the structure, plant, equipment or vessel, any attached lifting gear or safety mechanism, and any other part or equipment specified by the Contracting State as part of the installation;   • 13. "Offshore Operations" means any operations conducted in the Protocol Area for the purposes of exploring of oil or natural gas or for the purposes of exploiting those resources, including any treatment before transport to shore and any transport of the same by pipeline to shore. It includes also any work of construction, repair, maintenance, inspection or like operation incidental to the main purpose of exploration or exploitation;

  45. Abidjan Convention • Article 8 The Contracting Parties shall take all appropriate measures to prevent, reduce, combat and control pollution resulting from or in connection with activities relating to the exploration and exploitation of the sea-bed and its subsoil subject to their jurisdiction and from artificial islands, installations and structures under their jurisdiction.

  46. Protocol on Environmental Protection to the Antarctic Treaty,1991 Article 7 Prohibition of Mineral Resource Activities Any activity relating to mineral resources, other than scientific research, shall be prohibited.

  47. Covention on Civil Liability for Oil Pollution DamageResulting from Exploration and Exploitation of Seabed Mineral Resources, 1977 (not in force) Article 2 • This Convention shallapplyexclusively to pollution damage: • (a) resulting from an incident whichoccuredbeyond the coastallow-waterline at an installation under the jurisdiction of a Controlling State, and • (b) suffered in the territory, including the internalwaters and territorial sea, of a State Party or in the areas in which, in accordance with international law, it has sovereign rights over naturalresources, • And to preventive measures, wherever taken, to prevent or minimisesuch pollution damage.

  48. Cont. • Article 3 (1) • Except as provided in paras. 3,4 and 5 of this Article, the operator of the installation at the time of an incident shall be liable for any pollution damageresulting from the incident. When the incident consists of a series of occurences, liability for pollution damagearisingout of eachoccurenceshallattach to the operator of the installation at the time of that occurence • Article 6(1) • The operator shall be entitled to limit his liability under this Convention for each installation and each incident to the amount of 30 million SDR untilfiveyearshaveelapsed from the date on which the Convention is opened for signature and to the amount of 40 million SDR thereafter • 6(4) The operator shall not be entitled to limit his liabilityif it is proved that the pollution damageoccured as a result of an act or omission by the operator himself, donedeliberately with actualknowledge that pollution damagewouldresult

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