Environmental Regulations in the North Sea: What the Future Will Be?

Abstract

Abstract Until now, one of the key players for the environmental regulations in the North Sea has been the Convention for the Protection of the North East Atlantic, OSPAR. But in 2008 the adoption of the Marine Strategy Framework Directive (MSFD) by the European Commission changed the deal. Although MSFD has more or less the same goal as OSPAR, it works differently and no doubt that its role will increase. The paper, which complements two previous publications [Ref. 1 and Ref. 2], aims at clarifying the new role of both OSPAR and MSFD and developing the strategy recently adopted by OSPAR in September 2010 as well as the consequences of the MSFD. This latter requests that the member states (including Norway as the MSFD has an EEA effect) implement effective measures by 2016 at the latest. Both regulations aim at reaching a good environmental status (GES) of the maritime area by 2020. It may look as a long term, but it is not actually as it takes years to implement major changes in environment policy. The paper explains in particular the current challenging change of perspective of OSPAR regarding the implementation of a risk based approach for the management of Produced Water - a formal measure being expected to be adopted by mid 2011 -, the threat caused by the OSPAR Recommendation on offshore chemicals to be substituted by 2017, and the significant threat that the MSFD poses on seismic activities, in relation with the definition of GES on energy introduced into the water, which is linked to underwater noise. But it also develops a few other issues, less publicized (NORMs, the DRILLEX initiative, etc.). The potential impact of the measures to come may be huge (previous OSPAR measure on Produced Water cost a billion pounds to the North Sea Offshore industry) and it is important that the industry takes a role in the discussions to come.