Competent Authority & Data Reporting

Competent Authority & Data
HSE/DECC Consultation Events - Spring 2014
EU Offshore Directive Transposition
Steve Walker
Head of Strategic Intervention
Health & Safety Executive, Energy Division
Competent Authority requirements
• Background
• Requirements in the Directive
• How we propose to implement
Common data reporting requirements
• Background
• Current proposals
Competent Authority - Background
Post Macondo, European Commission concerns were not
just focused on the offshore industry
• The regulators were also scrutinised
Wide range of national offshore regulatory bodies
• Integrated - Separate – Absent
• None incorporated all the best regulatory practises
Stakeholder/European Parliament mistrust and concerns
about the need for regulatory independence
Strong consideration of an EU-wide offshore regulator
UK will need to change its offshore regulatory bodies
Eventually, the Directive included tight requirements for
national offshore regulatory bodies
Competent Authority requirements (1)
The safety and environmental regulation under
the Directive should be incorporated into a
Competent Authority (CA) public authority
The CA should be suitably resourced and
The CA should be objective and independent
• Separated from functions relating to
economic development, licensing, revenue
managements etc
• Alternative arrangements allowed
» where disproportionate given level
of offshore activity
Competent Authority requirements (2)
The CA achieves “transparency,
consistency, proportionality and
objectivity” in its regulation of safety and
environmental protection
The CA to make its policies, processes
and procedures open
Detailed requirements for the CA given in
Annex III of the Directive
Competent Authority – functions (1)
Advising the Licensing Authority on the capability
(technical and financial) of applicants and
operator appointment
Assessing and accepting various reports and
Provide effective oversight
• Annual plans
• Overseeing compliance
– Inspections
– Investigations
– Enforcement
Competent Authority – functions (2)
Establishes confidential reporting
Submits annual report to the Commission:
• Amount of regulatory activity
• Performance of the industry
• Incident data
Initiate investigations for major accidents,
and make reports public
Cooperate with other CAs.
UK Competent Authority (1)
Proposal is:
– A DECC & HSE partnership CA
– CA partners working under an MoU with a set
of common CA arrangements
– Each party concentrating on their existing
expertise, with day-to-day functions delivered
by respective parts of DECC OGED and
HSE’s Energy Division
– Senior level DECC/HSE Competent Authority
Management Board
– Broadly similar to onshore COMAH CA
UK Competent Authority (2)
Minimum change necessary to implement the
Avoids any major machinery of government
Provides a single, consistent regulatory face for
industry and stakeholders on major hazard
safety and environmental events offshore (low
probability/high consequence)
Implementation of Wood Review
recommendations will give the strong safeguards
of DECC independence
UK Competent Authority (3)
A single regulatory face for taking forward the
requirements in the Directive
An IT portal for all notifications and submissions
to the CA, on major hazard safety or
environmental issues
A single set of CA assessment
processes/procedures for accepting and/or
assessing safety cases, notifications etc
A CA website, holding all CA guidance and
A single enforcement model covering all CA
UK Competent Authority (4)
A single CA intervention plan for each duty holder, covering
all planned CA inspection activities
• CA offshore inspections fully coordinated and
• Presumption of joint DECC/HSE visits whenever
• Coordinated CA investigations, with early decision
as to which regulatory partner to lead
HSE “personal” safety issues excluded from CA
arrangements, but only a small % of HSE offshore activity
No changes to DECC’s existing environmental regulation
via offshore chemical/oil discharge permits and
environmental assessment regime, which will all remain
outside the CA.
Impact assessment to be in the consultation document
Common data reporting (1)
Concerns about consistency of reporting
offshore incidents:
-> lack of transparent in operator safety &
environmental performance
-> lack of public access to comparable data
-> Annex IX, giving broad scope for common
data reporting for offshore incidents and for
Member State Annual Reports
But, “delegated Acts” required to further develop
this scope
Common data reporting (2)
Data categories fairly obvious, e.g.
• HCRs
• Loss of well control
• Significant loss of structural integrity
Need clear definitions, though
Work now going ahead via EUOAG, with
OGP, IADC and IMCA representing
• To be concluded April 2014 ->
delegated Regulation
Common data reporting (3)
These data reporting requirements are in
addition to RIDDOR
• Consistency with existing data
recording categories – e.g. HCRs
• Avoiding duplication with other
reporting requirements
• Clarity of requirements
• Level of detail required
Watch this space!
© Crown copyright 2014. Reproduced with the permission of the Controller of Her Majesty’s Stationery Office and HSE

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