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European Commission to assess liability in offshore oil and gas operations

By Helle Hammer, Managing Director of Cefor and Chair of the IUMI Policy Forum

The 2013 EU Offshore Safety Directive applies through national legislation by Member States for offshore oil and gas installations. Following the departure of the United Kingdom from the EU, there are currently 193 such installations in EU waters.

An assessment of the implementation of the Directive was presented in a report to the European Parliament in November 2020. Concerning liability and the handling of compensation claims, the EC intends to follow-up with further analysis and/or research. The intention will be to assess whether a uniform regime on, for example, the principle of strict liability of installation operators and owners that go beyond the minimum requirements of the Directive would benefit the safety of offshore operations and the follow-up of accidents. This is a follow-up from a Parliament Resolution that was adopted in December 2016.

IUMI favours a voluntary financial security system rather than a legislative compensation system over and above existing provisions. Any further investigations into the potential role of insurance in the assessment will require a cost-benefit analysis cross-referred with insurance market capabilities and limitations.

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