What has Europe learned after the Deepwater Horizon/Macondo Incident?

Abstract

ABSTRACT The Deepwater Horizon (DWH) incident and the response thereto generated significant interest in Europe, in particular with regard to the safety of offshore oil and gas operations, existing oil spill response arrangements, and the potential impacts of surface and subsurface dispersant application. This paper will present the main relevant developments and actions undertaken in Europe in the years following the Macondo incident, focusing primarily on the work of the European Commission, European Maritime Safety Agency (EMSA), and European Union (EU) Member States, as well as the work undertaken within the established Regional Agreements in Europe. The following topics will be addressed in more detail:1)It has been considered critically important to review and enhance the regulatory arrangements in Europe relevant to the safety of oil and gas operations and to strengthening the effective response to marine oil pollution. This is being implemented at the national level by several European countries. At the level of the EU Institutions, this is being addressed by:—Issuing the Directive of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC. The main elements of this Directive will be presented.—Amending the Regulation (EC) 1406/2002 establishing a European Maritime Safety Agency (EMSA) by Regulation (EU) 100/2013 of the European Parliament and of the Council. The new Regulation expands EMSA's mandate to assist EU countries in the response to oil spills from oil and gas installations and to also support in such cases other countries sharing a regional sea basin with the EU. EMSA's Action Plan in implementing its newly assigned tasks will be presented.2)EMSA provides a forum at the EU level for Member States' experts to address issues contributing to the preparedness for and response to accidental and deliberate marine pollution, including the use of dispersants and the experience gained from the DWH incident. Actions undertaken in this regard and their outcome will be presented.3)The review of the potential oil spill response options and techniques has revitalised the discussion of mechanical recovery of oil versus the application of dispersants in such a way that nowadays more and more EU States consider the use of dispersants as a possible oil spill response option. The main elements of this discussion in Europe will be presented in more detail, also within the context of the multinational cooperation in Europe executed primarily by the Regional Agreements that are in place.