EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Environmental Liability (Scotland) Regulations 2009 (“the 2009 Regulations”) which implemented Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage.
These Regulations implement Article 38 of Directive 2013/30/EU of the European Parliament and of the Council on the safety of offshore oil and gas operations which amends Directive 2004/35/EC. Article 38 of Directive 2013/30/EU extends the definition of “environmental damage” to include damage that significantly adversely affects the environmental status of marine waters as defined in Directive 2008/56/EC of the European Parliament and of the Council establishing a framework for community action in the field of marine environmental policy, in so far as particular aspects of the environmental status of the marine environment are not already addressed through Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy.
Regulation 4 amends regulation 4 of the 2009 Regulations to extend the application of the 2009 Regulations to include damage that significantly adversely affects the environmental status of marine waters as defined in Directive 2008/56/EC, in so far as particular aspects of the environmental status of the marine environment are not already addressed through Directive 2000/60/EC.
Regulation 5 amends regulation 5 of the 2009 Regulations to provide that those Regulations, as amended, do not apply to environmental damage of the type defined in regulation 4(1)(b)(ii) of the 2009 Regulations to marine waters caused by an emission, event or incident that took place before 19th July 2015.
Regulation 6(a) and (b) amends regulation 7 of the 2009 Regulations to provide that the Scottish Ministers are, for the purpose of those Regulations the competent authority in relation to instances of environmental damage of the type defined in regulation 4(1)(b)(ii) of the 2009 Regulations or in relation to an imminent threat of such damage to marine waters.
Consequential amendments to the 2009 Regulations are made by regulations 3, 6(c), 7 and 8.
A Transposition Note and Business and Regulatory Impact Assessment (BRIA) have been prepared in connection with these Regulations and placed in the Scottish Parliament Information Centre. Copies of the BRIA and the Transposition Note can be obtained from Marine Scotland, Marine Environment Team, 1A South, Victoria Quay, Edinburgh, EH6 6QQ, and are available on line at www.legislation.gov.uk.