ADRIATIC MARITIME LAW CONFERENCE PORTORO 26 28 May

ADRIATIC MARITIME LAW CONFERENCE PORTOROŽ, 26 -28 May 2016 Italian Legislation on Offshore Activities Avv. Lorenzo Fabro Partner of Studio Legale Maresca STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

OFFSHORE SAFETY AND ENVIROMENTAL PROTECTION IN ITALY EU OVERVIEW: • • Directive 92/91/EC of 3 November 1992: the Health and Safety Workers Directive concerning the requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling; Directive 92/104/EC of 3 December 1992 on the requirements for improving the Health & Safety (H&S) protection of workers in surface and underground mineral-extracting industries; Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control; Directive 2000/60/EC of 23 October 2000 establishing a framework for EU common action about water policies; STUDIO LEGALE MARESCA - ASSOCIAZIONE PROFESSIONALE SINCE 1939

OFFSHORE SAFETY AND ENVIROMENTAL PROTECTION IN ITALY EU OVERVIEW • • Directive 2013/30/EU of 12 June 2013 having the declared scope of establishing the “minimum requirements for preventing major accidents in offshore oil and gas operations and limiting the consequences of such accidents” (art. 1); Commission Implementing Regulation EU No. 1112 of 3 October 2014 determining a common format for sharing of information by the operators and owners of offshore oil and gas installations on major hazard indicators and a common format for the publication of the information on major hazard indicators by the Member States. STUDIO LEGALE MARESCA - ASSOCIAZIONE PROFESSIONALE SINCE 1939

OFFSHORE SAFETY AND ENVIROMENTAL PROTECTION IN ITALY NATIONAL OVERVIEW: • • Law 21 July 1967, No. 613: the research and prospecting of hydrocarbons in territorial sea and in the continental shelf; Decree of the President of Republic 24 May 1979, n. 886; Legislative Decree 25 November 1996, No. 624 as transposition of Directive 92/91/EC and Directive 92/104/EC; Legislative Decree 3 April 2006, No. 152 concerning “Environmental Regulations” and following amendments; Legislative Decree of 9 April 2008, No. 81 that updated all provisions relating to Health & Safety at work and introduced novelties and new obligations for employers; Directorial Decree 22 March 2011 concerning the way of realizing the activities of prospecting and researching liquid and gas hydrocarbons and relevant controls; Offshore Protocol – 25 March 2011 (adopted according to the “Convention for Protection against Pollution in the Mediterranean Sea”). Legislative Decree 18 August 2015, No. 145 as transposition of Directive 2013/30/EU. STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

FROM THE DIRECTORATE FOR MINERAL AND ENERGY RESOURCES (DGRME) TO THE DIRECTORATE GENERAL FOR SAFETY OF MINING AND ENERGY ACTIVITIES – UNMIG Ministerial Decree 30 October 2015 (in Gazzetta Ufficiale Serie Generale No. 273 of 23 November 2015) introduced the separation of the functions related to: q ECONOMIC MANAGEMENT: hydrocarbon prospection (including licensing and royalties), exploration and production and their economic development, from q TECHNICAL MANAGEMENT AND SAFETY: the functions related to technical management, control and surveillance of hydrocarbon operations and to health safety security environment (HSSE) and environmental procedures. STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

CIRM A: ADVICE ON EXPLORATION AND EXPLOITATION ACTIVITIES The new structure of the Ministry of Economic Development involves also the Commission for Hydrocarbons and mining resources (CIRM) CIRM B: SAFETY CIRM C: ROYALTIES STUDIO LEGALE MARESCA - ASSOCIAZIONE PROFESSIONALE SINCE 1939

UNMIG SURVEILLANCE ACTIVITIES UNMIG Sections are responsible for carrying out verifications and controls of the installations safety, for the prevention of accidents, health and safety of workers. During 2014, according to DGRME Report 2015 (last report available), the following inspections were carried out by the UNMIG Sections: • 282 production inspections, which allowed the verification of hydrocarbons productions also with the aim to assess the royalties proceeds to Italian Governement; • 5369 verifications of pressure equipment, lifting equipment, grounding equipment; • 507 inspections of drilling rigs/production rigs (with an increase of 100%, compared to 181 inspections carried out during the year 2012); • 67 inspections for other purposes (e. g. public utility, urgency occupation, wire lines, injuries, etc. ). STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

THE HEALTH AND SAFETY DOCUMENT (DSS – IL DOCUMENTO DI SICUREZZA E SALUTE) Legislative Decree No. 624/1996: the DSS must contain the workers’ health and safety risk assessment, the identification of measures and operating procedures and the solutions adopted for a variety of items, including information relating to: q workers’ training activities and q work safety representatives’ consultation. STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

THE HEALTH AND SAFETY DOCUMENT (DDS – IL DOCUMENTO DI SICUREZZA E SALUTE) OPERATOR’S DUTIES ARE, IN PARTICULAR, THE FOLLOWING: q Updating the DSS if the workplace has been substantially changed or after a major accident; q Sending the DSS to the supervisory authority (UNIMIG) before starting the activities; q Holding periodical meetings with workers’ safety representatives. STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

INJURIES (2014) INJURIES IN RELATION TO THE ACTIVITIES OF EXPLORATION, EXPLOITATION AND STORAGE OF HYDROCARBONS (WITH THE EXCEPTION OF ONSHORE SICILY) A total amount of 20 injuries and no fatalities. Onshore Offshore TOTAL Mild 5 10 15 Serious 5 0 5 Total 10 10 20 The highest number of accidents (6) is concentrated in the category of “drilling”. STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

INJURIES (2014) 12. 963. 569 WORKING HOURS NO FATALITIES AND LOST TIME INJURY FREQUENCY = 1, 54 (-7% IF COMPARED TO 2013 LTIF) STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

AND IN CASE OF AN ACCIDENT? ? ? ACCIDENT Health & Safety communication flow to the Ministry Economic Development ENVIRONMENT AND DISASTER MANAGEMENT: Operating Emergency Response Plan and National Emergency Response Plan STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

THE OPERATING EMERGENCY PLAN Approved by the Italian Minister of the Environment and Protection of Land Sea with Ministerial Decree of 29 January 2013, No. 34. q provisions for preventing and combating the damaging effects of accidental pollution by hydrocarbons and other harmful substances to the resources of the sea. q directives aimed at operating procedures that are consistent with the goals of protection of the coasts, the sea and biological resources in national legislation on the prevention and combating of pollution. STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

THE NATIONAL EMERGENCY RESPONSE PLAN Legislative Decree issued by the President of the Council of Ministers on November 4, 2010 (in Gazzetta Ufficiale Serie Generale No. 273 of 23 November 2015). FIRST LEVEL: LOCAL EMERGENCIES Coast Guard SECOND LEVEL: NATIONAL PLAN OF ACTION Min. Environment THIRD LEVEL (highest level): it applies to all possible marine and coastal pollution, regardless of the sources and situations that have originated them, every time a national state of emergency is declared. Protezione Civile STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939

THANK YOU FOR THE ATTENTION STUDIO LEGALE MARESCA ASSOCIAZIONE PROFESSIONALE SINCE 1939