Download Marine Pollution from Sea Bed Activities_Croatian Liability Regime

ADRIATIC MARITIME LAW
CONFERENCE
Portorož, 26-28 May 2016
MARINE POLLUTION FROM
SEABED ACTIVITIES CROATIAN LIABILITY REGIME
Prof. Dr. Dorotea Ćorić
Faculty of Law, University of Rijeka
OFFSHORE INTERESTS IN CROATIA
Framework Plan and Programme
of the Offshore Explaration and
Production of Hydrocarbons in the
Adriatic Sea (2014) → 28
exploration blocks of surfaces
from 892 to 1.907 km2 → first
offshore licence round → granted
10 licences for exploration
(2015)→ no signed Production
Sharing Agreement
LEGAL FRAMEWORK (offshore activities)
Includes various acts covering different
aspects of the offshore activities –
(e.g.licensing, emergency plans, safety,
operational and pollution prevention
standards, environmental protection, etc.)
Does NOT include any specific
provisions covering the liability
issue!
•
•
•
•
Mining Act
Act on Exploration and Production of
Hydrocarbons
Act on the Safety of Platforms
Decree on the Main Tehnical Requirements
on Safety and Security of Offshore
Exploration and Production of
Hydrocarbons in the Adriatic Sea
International conventions of relevance for offshore
activities
UNCLOS - obligations of states in
regulating offshore activities,
MARPOL – operational and pollution
prevention standards,
OPRC Convention – emergency plans,
Barcelona Convention (Offshore
Protocol) – regional cooperation
Liability Conventions (liability for
ship source pollution)
- CLC/Fund Conventions
- Bunker Convention
Production Sharing Agreement
... the Contractor is entirely and solely responsible in law
towards third parties and shall compensate for any
damage or loss which the Contractor, its employees or
sub-contractors and their employees may cause to the
person, the property or the rights of other persons,
caused by or resulting from Petroleum Operations,
including any environmental damage....(Production
Sharing Agreement, 33.1.1.)
OFFSHORE OBJECTS
- Offshore petroleum operations are carried out on
the seabed from the platform and/or vessel for
drilling.
- Platforms are, according to maritime regulation,
tehnical vessels (mobile units) or fixed offshore
structure. (art. 3 and 4. Decree on Main Tehnical ...)
Legal status of offshore objects
Mobile offshore units
tehnical vessel is a SHIP
drilling vessel is a SHIP
Fixed offshore
structure is not a SHIP
intended for navigation and/or to
perform tecnical operations
maritime object positioned
on the seabed and
not intended for navigation
I. Law applicable to third-party claims for traditional damage
(property damage and loss of profit)
MOBILE UNITS - Maritime Code
Could we apply MC to offshore activities not directly involving ships???
FIXED OFFSHORE STRUCTURE – Obligations Act
strict or fault based liability ???
oil and gas operations “dangerous activity”, offshore structure “dangerous thing” ???
unlimited liability !!!
II. Law applicable to environmental damage (damage to the environment
and costs of preventive measures, clean-up costs, sampling costs,...)
MOBILE UNITS AND FIXED OFFSHORE STRUCTURE
Environmental Protection Act
Contingency Plan for Accidental Marine Pollution in the Republic of Croatia
Call for action at the national level
• to provide a single integrated liability regime for
•
pollution damage caused by offshore activities
the latter could be shaped along the following
lines – strict-based liability, no channelling of
liability, joint and separate liability of various
parties who contribute to the offshore risk, no
limitation on liability, financial coverage for
offshore related-risks
THANK YOU VERY MUCH FOR YOUR ATTENTION !