Offshore Industry Thematic Assessment

OSPAR measures

OSPAR has put in place a significant number of measures aimed at reducing emissions and discharges from the oil and gas industry within the OSPAR Maritime Area. The vast majority of these have been made since 2000 and aim to reduce the environmental impacts of the industry on the marine environment. Measures introduced by OSPAR have reduced oil in produced water discharges and the use and discharge of chemicals and drilling fluids. OSPAR has, with a few exceptions, effectively prohibited the disposal of disused offshore installations at sea. A summary of these measures is detailed below and a progress report on the implementation of all OSPAR measures is available at: Implementation of OSPAR Measures: A Progress Report. Other international measures are also in effect, and these are mentioned under each area of regulation below.

Evidence from monitoring and reporting of oil and gas activities indicates that the overall effect of these OSPAR measures and their implementation by Contracting Parties has been to significantly improve the overall quality status of the OSPAR Maritime Area as a whole, particularly in areas of Region II where there are high levels of oil and gas activity.

Measures to reduce the effects of produced water discharges

Dispersed oil is discharged into the OSPAR Maritime Area in accordance with OSPAR Recommendation 2001/1 for the Management of Produced Water from Offshore Installations (as amended), which seeks to limit the concentration of dispersed oil in produced and displacement water discharges to no more than 30 mg/l, calculated as a flow weighted monthly average. The Recommendation also calls for a reduction in the total oil discharged into the sea in 2006 by 15% compared to the equivalent discharge in the year 2000, which has been achieved. The concentration of dispersed oil is determined in accordance with the OSPAR reference method. The amount of dispersed oil discharged in 2019 was 16% below that discharged in 2009. 

In 2012, OSPAR Recommendation 2012/5 for a Risk-based Approach to the Management of Produced Water Discharges from Offshore Installations was adopted. Contracting Parties provided the OIC with implementation plans in 2013 and the majority commenced assessments in 2014, with the Recommendation due to be fully implemented by 2018. To date, 54% of the installations have been determined as having their discharge under adequate control, 39% require further action to be taken, and the remainder are still under assessment.

Measures to reduce the use and discharge of chemicals

In 1996, OSPAR’s predecessor, PARCOM, adopted Decision 1996/3 on a Harmonised Mandatory Control System for the Use and Reduction of Discharge of Offshore Chemicals (HMCS). Following a trial period, its effectiveness was reviewed and a package of new OSPAR measures established, and OSPAR then adopted Decision 2000/2 on a Harmonised Mandatory Control System for the Use and Reduction of the Discharge of Offshore Chemicals, (HMCS Decision) (as amended). The purpose of the Decision is that authorities must, by applying the management mechanisms set out, ensure and actively promote the continued shift towards the use of less hazardous substances (or preferably non-hazardous substances) and, as a result, the reduction of the overall environmental impact resulting from the use and discharge of offshore chemicals.

The HMCS Decision, along with OSPAR Recommendation 2017/1 on a Harmonised Pre-Screening Scheme for Offshore Chemicals (as amended) and OSPAR Recommendation 2010/3 on a Harmonised Offshore Chemical Notification Format (HOCNF) (as amended) is a key element in OSPAR’s control of offshore chemicals. It sets out, inter alia, what kind of data and information must be notified to the national competent authorities of the Contracting Parties. For each chemical, it provides advice to be taken into account by the competent authorities with the aim of harmonising authorisation and permitting procedures for chemicals among the Contracting Parties. The measures also include more detailed guidance on the substitution and ranking of chemicals.

OSPAR identifies substances that pose a risk to the marine environment and maintains the List of OSPAR Chemicals for Priority Action (LCPA) and the List of Substances of Possible Concern (LSPC). These lists are undergoing substantial review and revision in 2021/22.

OSPAR measures such as the harmonised approach to the management of offshore chemicals, the harmonised notification format and the harmonised pre-screening procedures for offshore chemicals, and OSPAR’s efforts to increase harmonisation between the HMCS and EU REACH continue to ease the work of both the national competent authorities and the industry, and have made regulatory decisions related to the use and discharge of offshore chemicals within the OSPAR Maritime Area more transparent.

OSPAR Recommendation 2005/2 on Environmental Goals for the Discharge by the Offshore Industry of chemicals that Are, or Contain Added Substances Listed in the OSPAR 2004 List of Chemicals for Priority Action (LCPA) set environmental goals for the reduction of substances on the LCPA, with the aim of phasing out these discharges by 2010; this was achieved in 2014. According to the Recommendation, competent authorities should not issue new authorisations for the discharge in the OSPAR Maritime Area of offshore chemicals that are, or which contain added substances listed in the LCPA, unless those offshore chemicals have already been notified for offshore use prior to that Recommendation taking effect.

OSPAR Recommendation 2006/3 on Environmental Goals for the Discharge by the Offshore Industry of Chemicals that Are or which Contain Substances identified as Candidates for Substitution (as amended) sets out environmental goals on the phasing out of discharges of offshore chemicals that are, or which contain substances identified as candidates for substitution by 2017. The purpose of the Recommendation is to set an environmental goal for offshore chemicals that are, or which contain substances identified as candidates for substitution, in order to move towards the cessation of these discharges from offshore installations by 2026. Almost half of the reduction in the use and discharge of substances carrying substitution warnings can be directly attributed to the implementation of OSPAR Recommendation 2006/3. The Recommendation was amended in 2019 to include a new substitution deadline.

Measures to reduce impacts from discharges of drilling fluids

The use of diesel-oil based drilling fluids was prohibited by OSPAR from 1 January 1987 and the discharge of untreated cuttings contaminated with oil-based drilling fluids ceased following the adoption of PARCOM Decision 92/2 on the use of oil-based muds. Following the adoption of OSPAR Decision 2000/3 on the Use of Organic-Phase Drilling Fluids and the Discharge of Organic-Phase Fluid Contaminated Cuttings, the discharge into the sea of whole organic-phase fluids and of cuttings contaminated with organic-phase drilling fluids at a concentration greater than 1% by weight on dry cuttings has been prohibited since 2001. Cuttings contaminated with organic-phase fluids can only be discharged in exceptional and very rare circumstances of force majeure. The use of organic-phase fluids is not prohibited as it is required in the lower sections of most wells. Prior to any usage, national authorisation is required.

Measures to reduce discharge of plastics and microplastics

Following concerns about the potential discharge of lost circulation materials containing plastics, the OIC in 2013 agreed to prohibit the discharge of lost circulation material containing plastics and also agreed that if zero discharge of lost circulation material containing plastic materials could not be guaranteed, the material should not be permitted for use. In 2019, OSPAR Recommendation 2010/3 on a Harmonised Offshore Chemical Notification Format was amended to include checks on whether a substance is plastic, microplastic or nanomaterial, with a view to establishing further control measures. The amendment is expected to provide data in the coming years, which will help determine if additional control measures will be needed.

Measures for management of historic cuttings piles

The purpose of OSPAR Recommendation 2006/5 on a Management Regime for Offshore Cuttings Piles is to reduce the impacts of pollution by oil and/or other substances from cuttings piles to a level that is not significant. In accordance with OSPAR Agreement 2002-08 on Guidelines for the Consideration of the Best Environmental Option for the Management of Organic-Phase Fluids Contaminated Cuttings Residue , Contracting Parties undertook screening assessments at specific locations. The assessments indicated that no immediate action was required to reduce the environmental impact of any of the cuttings piles and that their management could be addressed as part of the installation decommissioning activities.

Physical impact from offshore activities

Over the years there has been an improvement in the technology involved in the placement of infrastructure on the seabed and greater awareness of the potential environmental impacts that this may cause. For example, the extensive use of Remotely Operated Vehicles (ROVs) and the use of multibeam and side scan sonar mapping makes it easier to find the best transects and avoid the disturbance of vulnerable marine communities. Similar improvements in pile-driving techniques and pipeline laying methodologies have contributed to limiting the potential environmental impacts. Assessment of the direct physical impact of placing a structure on the seabed is addressed within the relevant environmental statement and the associated environmental impact assessment under the relevant national legislation. Environmental monitoring of the physical impacts that arise from placing a structure on the seabed is undertaken on a case-by-case basis depending on the particular sensitivities associated with the area. The monitoring of pipelines is routinely undertaken by developers to ensure that the integrity of the pipeline is being maintained. The results from such surveys can also provide useful information on the physical impact of the laid pipeline and information on the marine fauna that thrive there.

Data on pipelines decommissioned in situ has mainly been collected by the United Kingdom, with limited data inputs from Denmark, the Netherlands, and Norway. As a result, most of the analysis has focused on United Kingdom data.

Together, these four countries account for over 400 pipelines decommissioned in situ, with a total length of just under 3 600 km. In the United Kingdom, 207 pipelines have been left in situ, totalling 1 833 km. This represents approximately half of the pipelines decommissioned to date (data to the end of October 2018). In terms of space occupied on the seabed, all of the pipelines decommissioned in situ represent a very small proportion of the United Kingdom Continental Shelf (0,002%).

Regulation of accidental spills

OSPAR does not specifically regulate for accidental spills but international measures such as the International Convention on Oil Pollution Preparedness, Response and Co-operation and specific national legalisation on the prohibition of spills of oil and chemicals is in place in Contracting Parties’ jurisdictions. Following the Deepwater Horizon disaster in the Gulf of Mexico in 2010, OSPAR introduced Recommendation 2010/18 on the prevention of significant acute oil pollution from offshore drilling activities, which required Contracting Parties to review their existing frameworks, including those for permitting drilling activities in extreme conditions, and to report back to the OIC. In the light of EU Directive 2013/30/EU on Offshore Safety it was agreed there was no need for a further OSPAR measure to cover major accident prevention. Contracting Parties attend other established forums which deal with this topic, for example the North Sea Offshore Authorities Forum, the International Regulators Forum, and the EU Offshore Authorities Group.

While ageing installations may be a factor affecting the risk of accidental spills, the main factors in spill prevention are ensuring barrier effectiveness through maintenance programmes, developing handling procedures to minimise the potential for spills, and staff training and competence management to ensure that environmental risks are managed. Since 2000, there has been a greater awareness in the industry of the need to report all spills irrespective of spill size, and such requirements have resulted in increased reporting and greater environmental awareness. All operators are also encouraged to have an environmental management system that accords with OSPAR Recommendation 2003/5 to Promote the Use and Implementation of Environmental Management Systems by the Offshore Industry (as amended), and such management systems are required to consider how installations can be operated to minimise impact on the environment, including by preventing spills.

Regulation of atmospheric emissions

OSPAR does not specifically regulate atmospheric emissions from the oil and gas industry. However, there are a number of relevant EU Directives and international conventions which apply to OSPAR Contracting Parties. Since 2009 there has been a significant change in the way atmospheric emissions are managed, through ongoing strengthening of the European Union Emissions Trading Scheme (EU-ETS), the Industrial Emissions Directive (2010/75), the Medium Combustion Plant Directive (2015/2193) and the Sulphur Content Directive (2012/33). There have been overall reductions in all reported atmospheric emissions across the OSPAR area over the last 10 years, most significantly in methane and SO2 emissions. National legislation by some Contracting Parties has also sought to reduce emissions of nitrous oxides.

Measures to mitigate impacts from decommissioning

The 1998 OSPAR Ministerial Meeting in Sintra, Portugal, adopted OSPAR Decision 98/3 on the Disposal of Disused Offshore Installations, which prohibits the dumping, and leaving wholly or partly in place, of disused offshore installations within the OSPAR Maritime Area. Only for certain categories, and subject to an assessment in Annex 2 of Decision 98/3, may the competent authority of the relevant Contracting Party issue a permit to leave installations or parts of installations in place (for example steel installations weighing more than 10 000 tonnes in air or gravity-based concrete installations). Before a decision is taken to issue a permit, the relevant Contracting Party shall first consult the other Contracting Parties in accordance with Annex 3 of Decision 98/3.

Since the ban on dumping of disused offshore installations came into force in 1999, 170 offshore installations have been brought ashore for disposal. There are 59 steel installations with a substructure weighing more than 10 000 tonnes and 22 gravity-based concrete installations for which derogations from the dumping ban may be considered. Ten derogations have been issued since 1999 by Contracting Parties for structures to be left in place (five concrete substructures and the footings of five large steel structures). In addition, the Piper Alpha installation was abandoned in situ following the disaster in 1988.

During 2019 to 2020 a consultation process was held under OSPAR Decision 98/3 on the Disposal of Disused Offshore Installations concerning the United Kingdom’s intention to issue a derogation for leaving in situ the footings of the Brent Alpha Steel Jacket and the Brent Bravo, Brent Charlie and Brent Delta gravity-based concrete installation structures. A Special Consultative Meeting was held in London in October 2019 to discuss the objections raised to the derogation proposal, with reference to comparative assessment methodology, long-term risk to the marine environment from the residues in the storage cells and the risk that gravity-based concrete installation legs pose to shipping and fishing. In view of the upcoming decommissioning projects, the process was considered as presenting an opportunity to agree on common OSPAR standards for comparable challenging decommissioning cases.

An informal meeting to discuss comparative evaluation of decommissioning options in support of derogation proposals was held in December 2019  following proposals to develop a joint comparative assessment methodology for application across OSPAR Maritime Area in compliance with OSPAR Decision 98/3. One of the outcomes of the meeting was an agreement that, in order to improve the advancement of technology and maintain focus, Contracting Parties and Observer Organisations would give an annual update on progress made in decommissioning technology developments so as to help reduce the number of derogation categories. This was endorsed by OIC 2020.

Guidelines to reduce effects from light on birds

In OIC 2015, the Guidelines to reduce the impact of offshore installation lighting on birds in the OSPAR Maritime Area (OSPAR Agreement 2015-08) were adopted. These guidelines provide advice for OSPAR Contracting Parties considering the course of action to take to address the potential impact on birds of the conventional lighting on offshore installations. The guidelines are not intended to be prescriptive. They offer guidance based on discussions at the 2012 OSPAR Workshop aimed at reducing potential lighting impacts on migrating birds and seabirds. The guidelines apply to both existing and new offshore installations. Whether a proposal is more practicable on existing or new offshore structures will need to be determined on a case-by-case basis, and all proposals will need to take account of compliance with national and international regulations on aviation and shipping. Furthermore, proposals must not compromise safe working practices for personnel and processes. On new installations, potential mitigation measures should be considered as part of the design process.

The guidelines also require Contracting Parties to inform each other of developments. Contracting Parties provide biennial updates to the OIC on efforts being made to reduce the impact of offshore installation lighting on birds in the OSPAR Maritime Area. The Netherlands has reported that in the Dutch part of the North Sea an operator developing a new platform proposes to implement the following measures: 

• Automatic on / off switching in areas of the platform where safety is not compromised;
• Full shutdown during the night in areas of the platform where safety is not compromised.

Germany has reported that in 2010 in the German part of the North Sea an operator  implemented the following measures to reduce emissions from platform lighting:

• Wherever possible light sources are dismantled;
• Of the remaining lamps, only very few are in non-stop operation. The remaining lamps are only switched on when required via the process control system;
• The light sources have been ideally positioned to minimise the light emanated into the areas surrounding the platform.

The United Kingdom and Norway have reported that the operators of existing offshore installations continue to be encouraged to implement measures to reduce lighting attraction, and that appropriate measures will be implemented for new installations through the Environmental Impact Assessment process.

Measures to mitigate the effects from noise

While there are difficulties associated with quantifying the occurrence, scale, and extent of the potential impacts of underwater noise, sowing to the great variability in the characterisation of sound relating to noise-generating activities, the propagation of the sound and the sensitivity of different species to measured and estimated sound levels, progress in improving understanding has been made on all these fronts. However, the relatively intense concentrations of anthropogenic activities in some parts of the OSPAR area, especially in Regions II and III, and the probability that the level of these activities will increase, makes it important to improve understanding of the potential effects of the most significant sources of underwater noise: seismic surveys, pile driving and the use of explosives.

Wide‐ranging studies on noise impacts related to offshore oil and gas activities, mainly covering seismic surveys, pipelay noise and piling, have been reported by Contracting Parties. Details of these studies were presented at OIC 2015. A summary of the impacts on marine mammals, fish and other species was also included in the OIC 2016 Inventory of Measures and Techniques to Mitigate the Impact of Seismic Surveys.

Some noise-generating activities such as seismic surveys are subject to Environmental Impact Assessment, including noise assessment under relevant national legislation. In the case of oil and gas activities, a number of guidance documents have been published to assist developers and regulators with the consent process. Mitigation measures have been developed and implemented for seismic surveys. They include the avoidance of undertaking work during specific periods, the application of a soft-start procedure (gradually increasing the sound level to provide animals with time to leave the impact area), and the use of observers to scan a safety zone where no marine mammals should be present prior to the commencement of activities. However, the application of these measures is likely to be very varied within the OSPAR area, as guidelines to prevent or minimise the impact of noise on marine mammals currently vary and there is international recognition of the need for more consistent evidence-based guidance.

Storage of carbon dioxide

In order to allow the storage of carbon dioxide in geological formations, Contracting Parties to the OSPAR Convention adopted amendments to Annexes II and III to the OSPAR Convention in 2007. To ensure environmentally safe storage of carbon dioxide streams in geological formations, the OSPAR Decision 2007/2 on the Storage of Carbon Dioxide Streams in Geological Formations was adopted in 2007 along with the OSPAR Guidelines for Risk Assessment and Management of Storage of CO2 Streams in Geological Formation (Agreement 2007-12). Furthermore, the Contracting Parties also adopted OSPAR Decision 2007/1 to Prohibit the Storage of Carbon Dioxide Streams in the Water Column or on the Seabed, because of the potential negative effects.

There are only two full-scale projects on carbon dioxide storage in the OSPAR area. Due to this very limited number, an evaluation of the effectiveness of OSPAR Decision 2007/2 has not yet been undertaken.
The need to improve the reporting to OSPAR on environmental monitoring from carbon dioxide storage projects has been identified, and work has been initiated by OSPAR’s Environmental Impacts of Human Activities Committee (EIHA) and the OIC to analyse the existing reporting obligations stemming from OSPAR and other national and international measures with a view to ensuring that adequate monitoring and reporting is undertaken. According to NEAES S12.03, OSPAR will by 2024 review the results of monitoring that is undertaken in relation to carbon dioxide storage to assess whether the monitoring techniques deployed are adequate to demonstrate that carbon dioxide streams are retained permanently in the storage complex. By 2026 OSPAR will evaluate the effectiveness of OSPAR measures to ensure that carbon dioxide streams are retained permanently in the storage complex and will not lead to any significant adverse consequences for the marine environment, human health and other legitimate uses of the maritime area. 

Future priorities for OSPAR

Since QSR 2010, and following the implementation of OSPAR measures by Contracting Parties and industry, the oil and gas industry has made measurable progress and improvements in reducing its environmental impact. However, there are areas where it may be possible to further reduce the potential impacts. Specifically:

While progress has been made in reducing the use and discharge of chemicals identified as candidates for substitution since the introduction of OSPAR Recommendation 2006/3, the challenge remains to phase out discharges of substitution chemicals. OSPAR has set out Operational Objectives in S2.O3 in NEAES 2030.

Continuous improvement remains a challenge, with hydrocarbon production at different stages in different regions and new developments continuing in Region I and II. In NEAES 2030 OSPAR has set out a number of Operational Objectives in relation to hazardous substances and marine litter (S2.O3, S2.O4, S4.O5 and S4.O6).

Good practice guidelines for geophysical surveys and use of explosives need to be developed This relates to NEAES Operational Objective S8.O1 and is relevant to the OSPAR regional action plan to reduce noise pollution.

On decommissioning, as older installations reach their end-of-life, it is anticipated that a number of installations will be decommissioned in the coming decade. While there has been progress in advancing certain technical capabilities, such as the increase in lift capabilities for removing topsides and steel jacket installations, no technology has been developed that would support a reduction in the categories eligible for derogation from OSPAR Decision 98/3. OSPAR has set out Operational Objectives in S9.O2 and S9.O3 in NEAES 2030.

There are only two full-scale projects on carbon dioxide storage in the OSPAR region. Due to this very limited number, an evaluation of the effectiveness of OSPAR Decision 2007/2 has not yet been undertaken. OSPAR has set out Operational Objectives in S12.O3 in NEAES 2030.

Footnotes

¹Except for those chemicals where, despite considerable efforts, it can be demonstrated that this is not feasible due to technical or safety reasons. Demonstration of those reasons should include a description of the efforts.