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The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, make amendments to the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (SI 1998/1056) (“the 1998 Regulations”) for the purpose of implementing the environmental requirements of Articles 14 and 28 of Directive 2013/30/EU of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ No L178, 28.6.2013, p.66), which relate to the requirement to have an internal emergency response plan. The remaining requirements of those Articles are implemented by the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 (SI 1995/743) (as amended by the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (SI 2015/398)).

The 1998 Regulations make provision for certain facilities in the United Kingdom’s internal waters, territorial sea and continental shelf to have an oil pollution emergency plan. The amendments effected by these Regulations apply the requirement to have an oil pollution emergency plan to non-production installations in the territorial sea and the continental shelf and apply further requirements to installations and their connected infrastructure which are carrying out offshore oil and gas operations, including well operations, in the territorial sea and the continental shelf, but not in internal waters.

These requirements include the circumstances in which a review of the plan must be carried out and to extra obligations relating to the maintenance and availability of relevant equipment and expertise.

The new paragraph (2) inserted into regulation 8 of the 1998 Regulations allows for inspectors appointed under the Merchant Shipping Act 1995 (c. 21) to exercise their inspection and enforcement powers in relation to the whole of the 1998 Regulations, as amended.

The Secretary of State and the Health and Safety Executive together form the competent authority for the purposes of the Directive and new regulation 9 inserted into the 1998 Regulations makes provision ensuring that the Secretary of State can share with the HSE information relevant to the fulfilment of the functions of the competent authority.

A transposition note and a full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector are annexed to the Explanatory Memorandum which is available alongside these Regulations on www.legislation.gov.uk

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