Report from the Commission on the adequacy of national expert resources for complying with the regulatory functions pursuant to Article 27(4) of Directive 2013/30/EU

Offshore oil and gas operations play an important role in reinforcing EU's indigenous production of energy, thus contributing to the security of EU's energy supply. However, these activities need to take place with the application of best practices and the highest levels of safety. For this reason, following the Deepwater Horizon tragedy in the Gulf of Mexico, the Commission proposed new legislation. On 12 June 2013, Directive 2013/30/EU on the safety of offshore oil and gas operations was adopted. Member States had to bring into force the laws, regulations, and administrative procedures necessary to comply with the Directive by 19 July 2015.

The Commission has not yet finalised its assessment whether national legislation of Member States is fully in line with the Offshore Safety Directive (OSD). Furthermore, not all Member States have notified to the Commission that they have fully implemented the Directive. Applying the procedures in place the Commission will follow this up bilaterally with each Member State to ensure full transposition as soon as possible. Appropriate staffing and administrative capacity of authorities remain a key element for carrying out all tasks for ensuring a high level of safety of offshore oil and gas operations.

The Commission is required under Article 27(4) of the Directive to present to the Member States a report on the adequacy of national expert resources for complying with the regulatory functions pursuant to the Directive and, if necessary, include proposals for ensuring that all Member States' competent authorities are adequately resourced (e.g. overall budget, staffing and equipment) to carry out their duties.

The Commission worked closely with Member States in 2013 and 2014, mainly in the context of the EU Offshore Authorities Group (EUOAG), to assess their available resources and their plans for further capacity building of their competent authorities. In June 2014 the Commission presented its findings to Member States representatives in the EUOAG and discussed them with EUOAG delegates in a dedicated workshop. It also presented the findings in a meeting of the Council's Energy Working Party, where Member States asked the Commission for further assessment of the situation in Member States and particularly of their plans for capacity building in the context of OSD transposition, to be presented in an in-depth written report. Further exchanges between the Commission services and the Member States have been taking place in a bilateral manner since.

To respond to this request of Member States and with regard to its obligation under Article 27(4) OSD, the Commission presents this report and the accompanying Staff Working Document on national expert resources in Member States' competent authorities and on their adequacy for complying with regulatory functions set out in the OSD.

EUR-Lex: SWD(2016)182: Commission Staff Working Document including technical information http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:182:FIN

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