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Law No. 165 Of 22 July 2016 Operations Offshore Petroleum Safety

Original Language Title: LEGE nr. 165 din 22 iulie 2016 privind siguranţa operaţiunilor petroliere offshore

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LEGE no. 165 165 of 22 July 2016 on the safety of offshore oil
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 572 572 of 28 July 2016



The Romanian Parliament adopts this law + Chapter I Subject matter and scope + Article 1 (1) The present law aims at establishing the minimum requirements necessary for the prevention of major accidents and limiting the consequences of such accidents aimed at oil operations in the Black Sea areas under the jurisdiction of Romania, determined according to the principles of international law and international conventions to which Romania joined, Law no. 17/1990 on the legal regime of inland maritime waters, territorial sea, contiguous zone and exclusive economic zone of Romania, republished, and any other applicable normative acts. ((2) The present law is without prejudice Law of Safety and Health at Work no. 319/2006 ,, as amended, Oil Law No. 238/2004 , as amended and supplemented, Law no. 278/2013 on industrial emissions and Law no. 50/1991 on the authorization of the execution of construction works, republished, with subsequent amendments and completions. + Chapter II Definitions + Article 2 For the purposes of this Law, the following terms shall be defined 1. acceptable, in relation to a risk, means a level of risk for which time, costs or efforts to reduce it further would be extremely disproportionate to the benefits of such a reduction; in the assessment of the blatant nature disproportionate time, costs or efforts to the advantages of further reducing risk are considered the risk levels in best practices compatible with the work undertaken; 2. acceptance, in relation to the report on major hazards, means the communication in writing by the competent authority to the operator or owner of the fact that the report, if implemented as set out in its contents, is in compliance with the requirements of this law; acceptance does not imply any transfer of responsibility for controlling major hazards to the competent authority; 3. major accident means, in relation to an installation or connected infrastructure: a) an incident involving an explosion, a fire, loss of control over the probe or an oil, gas or hazardous substance discharge involving or for which there is a significant risk of involving deaths or serious injury to persons; b) an incident that causes serious damage to the connected facility or infrastructure involving or in connection with which there is a significant risk of involving deaths or serious injury to persons; c) any other incident resulting in the death or serious injury of 5 or more persons on the offshore installation from which the source of danger originates or who carries out offshore oil operations in connection with the installation or with connected infrastructure; or d) any major environmental incident resulting from the incidents referred to in lett. a), b) and c); for the purpose of determining whether an incident constitutes a major accident under lit. a), b) or d), an installation operated remotely without staff is treated as if operated with personnel; 4. oil agreement is the legal act concluded between the National Agency for Mineral Resources, hereinafter referred to as ANRM, and one or more Romanian or foreign legal entities, in order to grant the oil concession, according to the provisions Law no. 238/2004 , with subsequent amendments and completions; 5. competent authority means the Competent Authority for the Regulation of Offshore Oil Operations on the Black Sea, public authority established under this law and which is responsible for the powers conferred by this Law; 6. the signatory authority of oil agreements is ANRM, according to the provisions Law no. 238/2004 , with subsequent amendments and completions; 7. Responsible authority is the central public authority which, directly or through the structures in coordination/subordination, contributes to ensuring the safety measures of offshore oil operations, according to the field of competence specific; 8. tripartite consultation means a formal way to allow dialogue and cooperation between the competent authority, the operators/owners and the representatives of the workers; 9. contractor means any entity contracted by the operator or owner to perform specific duties on behalf of the operator or owner; 10. Corresponding means correctly or absolutely appropriate, taking into account the effort and cost ratio, with respect to a particular requirement or situation, relying on objective justifications and which can be demonstrated by an analysis, a comparison with the standards appropriate or by other solutions used in comparable situations by other authorities or industry; 11. the effectiveness of the intervention in the case of an oil spill means the efficiency of the intervention systems in the case of oil spills within their intervention in the event of an oil spill, based on an analysis of the frequency, duration and timing the occurrence of environmental conditions that would prevent an intervention; the assessment of the effectiveness of the intervention in the case of an oil spill shall be expressed as a percentage of the time under which these conditions are not present and include a description of the the installations concerned as a result of that assessment; 12. Critical safety and environmental elements mean the elements of an installation, including computer programs, the purpose of which is to prevent or limit the consequences of a major accident or whose failure could cause or contribute substantially in a major accident; 13. entity means any natural or legal person or group of such persons; 14. exploitation has the meaning given by Law no. 238/2004 , with subsequent amendments and completions; 15. exploration means the ensemble of studies and operations that are carried out for the knowledge of the geological conditions of oil accumulation and includes the identification of deposits, their quantitative and qualitative assessment, as well as the determination technical and economic recovery conditions, according to the provisions Law no. 238/2004 , with subsequent amendments and completions; 16. Major environmental incident means an incident that has or could have significant adverse effects on the environment, in accordance with the provisions Government Emergency Ordinance no. 68/2007 on environmental liability with reference to the prevention and repair of damage to the environment, approved by Law no. 19/2008 , with subsequent amendments and completions; 17. industry means entities that are directly involved in offshore oil operations that are subject to this law or whose activities are closely related to those operations; 18. connected infrastructure means, within the safety zone or in an adjacent area at a greater distance from the installation, as determined by the operator or owner in the report on major hazards: a) any probe and related structures, units and additional devices connected to the offshore installation; b) any equipment that is operated or components/mechanisms located on the main structure of the installation or fixed by it; c) any equipment attached to pipes or components/mechanisms attached to the pipes; 19. installation means a stationary, fixed or mobile installation, or a combination of installations, permanently interconnected by bridges or other structures, used in offshore oil operations or in connection with such operations; installations include mobile offshore drilling facilities only when they are stationed in the offshore area for drilling, production or other activities associated with offshore oil operations; 20. operating plant means an installation used for the exploitation of oil; 21. non-productive installation means a plant other than an installation used for the exploitation of oil; 22. commencement of operations means the time when the connected facility or infrastructure is first used for the purposes of the operations for which it was designed; 23. substantial modification means: a) in the case of a report on major hazards, a change in the conditions on the basis of which the original report was accepted, including, inter alia, physical changes, the availability of new knowledge or technologies and changes to the level operational management; b) in the case of a notification of operations at the well or of combined operations, a change in the conditions on the basis of which the original notification was transmitted, including, inter alia, physical changes, the replacement of one installation, availability of new knowledge or technologies and changes at the level of operational management; 24. offshore means situated in the inland sea waters, the territorial sea, in the contiguous area and in the exclusive economic zone or on the continental shelf of the Black Sea under the jurisdiction of Romania, within the meaning of the provisions of the law of the sea, concluded at Montego Bay (Jamaica) on 10 December 1982, ratified by Law no. 110/1996 ; 25. operator means the oil agreement holder or entity nominated by the oil agreement holder to conduct offshore oil operations, including the planning and execution of a probe or management operation; and control of functions of an operating facility; 26. combined operation means an operation carried out from an installation together with another installation or other installation for purposes related to the other/the other plant/plant and which substantially increases the risks relating to safety the persons or the protection of the environment on any of the installations or installations concerned; 27. probe operation means any probe operation that could result in accidental leakage of substances that could cause a major accident, operations including the drilling of a probe, repair or modification of a probe, suspension of operations at the probe and permanent abandonment of a probe; 28. offshore oil operations means all activities associated with the connected facility or infrastructure, including design, planning, construction, operation and decommissioning, related to oil exploration and exploitation, but excluding the transport of oil from one coast to another; 29. Major danger means a situation that presents the potential to cause a major accident; 30. Oil perimeter has the meaning given by Law no. 238/2004 , with subsequent amendments and completions; 31 31. external emergency response plan means a local, national or regional strategy to prevent the expansion or limitation of the consequences of a major accident related to offshore oil operations using all resources available to the operator, as described in the relevant internal emergency response plan, as well as any additional resources made available at local, national or Member State level of the European Union, after case; 32. internal emergency response plan means a plan prepared by operators or owners in accordance with the requirements of this law on measures to prevent expansion or limit the consequences of a major related accident offshore oil operations; 33. owner means an entity that has the legal right to conduct activities related to non-productive installations; 34. the public means one or more natural or legal persons, their associations, organizations or groups thereof; 35. risk means the combination of the probability of an event and the consequences of that 36. the holder of the oil agreement means the Romanian or foreign legal person, who was granted the right to carry out oil operations on the basis of an oil agreement, according to the provisions Law no. 238/2004 , with subsequent amendments and completions; 37. independent verification means an evaluation and confirmation of the validity of special written statements by an entity or organisational structure within the operator or owner or selected by the operator or owner, which is not under the control or influence of the entity or organisational structure that uses those declarations; 38. the safety zone means the area inside a distance of 500 meters from any point of the installation. + Chapter III General principles for risk management of offshore oil operations + Article 3 ((1) Operators have the obligation to adopt all appropriate measures to prevent major accidents in oil operations in the Black Sea areas under the jurisdiction of Romania, to comply with the requirements laid down in the legislation the relevance in force and the regulations issued and the measures imposed by the competent authority in accordance with the applicable legal provisions and the relevant internal procedures of the controller. (2) The operators shall not be released from the obligations regulated in paragraph ((1) where the actions or omissions that have led or contributed to major accidents belong to their contractors. (3) In the event of a major accident, operators are required to take all necessary measures to limit its effects on human health and the environment. ((4) Operators are required to ensure that offshore oil operations are carried out on the basis of systematic risk management, so that the residual risks of major accidents in the case of persons, the environment and offshore installations are Acceptable. + Chapter IV Safety and environment considerations with regard to oil agreements + Article 4 ((1) Decisions on the conclusion or transfer of oil agreements on offshore oil operations shall take into account the applicant's ability to comply with the requirements for the execution of offshore oil operations, as is provided for in the oil agreement, governed by the relevant national legislation in force and by the applicable law of the European Union (. In assessing the technical and financial capacity of the applicant for an oil agreement, account shall be taken of: a) the risks, hazards and any other information relating to the authorised area concerned, including, where appropriate, the cost of the degradation of the maritime environment as art. 8 8 para. ((1) lit. c) of Government Emergency Ordinance no. 71/2010 on the establishment of the Marine Strategy, approved with amendments Law no. 6/2011 ,, as amended; b) the specific stage of offshore oil operations; c) the applicant's financial capacities, including any financial security to cover liability for damages that may arise from offshore oil operations in question, including liability for potential economic damage; d) the available information on safety and environmental performance, including on major accidents, which are applicable to the operations for which the oil agreement is requested; before the conclusion or transfer oil agreement, the signatory authority of oil agreements, ANRM, shall consult, in cases where necessary, with the competent authority. (3) The holder of the oil agreement shall designate the operator and shall determine its duties and shall notify the signatory authority of the oil agreements, ANRM. (4) The procedures for the conclusion of the oil agreement for offshore oil operations shall be organized so that the information collected from the exploration can be taken into account by the signatory authority of the oil agreements, ANRM, before the start of operation. (5) The conclusion of the oil agreement for offshore oil operations is conditional on the elaboration by operators or owners of internal emergency intervention plans, according to the provisions of art. 13 13 and 27. (6) The assessment of the technical and financial capabilities of an applicant for an oil agreement shall take particular account of the characteristics of all environmentally sensitive marine and coastal environments, in particular ecosystems that have a important role for climate change mitigation and adaptation to these, such as salt marshes, sea grass submarine soil as well as marine protected areas, such as special conservation areas in the sense Government Emergency Ordinance no. 57/2007 on the regime of protected natural areas, the conservation of natural habitats, flora and wildlife, approved with amendments and additions by Law no. 49/2011 , with subsequent amendments and completions, special protection zones in the sense Hunting law and the protection of the hunting fund no. 407/2006 , as amended and supplemented, Government Decision no. 1.284/2007 on the declaration of special protection areas avifaunistica as an integral part of the European ecological network Natura 2000 in Romania, with subsequent amendments and completions, and Government Decision no. 1.143/2007 on the establishment of protected natural areas, as well as marine protected areas in accordance with the provisions of international agreements to which the European Union or Romania is a party. (7) The fiscal regime for offshore activity is established by differentiated law from onshore activity in order to encourage investments and achieve a predictable, competitive and attractive investment environment. + Chapter V Public participation in the effects of the planned offshore oil operations of exploration on the environment + Article 5 (1) The drilling of a probe for the purpose of exploration through an unproductive installation begins only after the oil agreement holder has, in effect and effectively, carried out the public consultation procedures with regard to the possible effects on the environment of planned offshore oil operations. The public consultation procedures shall be carried out in compliance with the European Union law of direct application and, in particular, of the provisions Government Decision no. 445/2009 on the impact assessment of certain public and private projects on the environment, with subsequent amendments and completions. (2) If the public consultation was not carried out according to the provisions of par. (1), the signatory authority of the oil agreements, ANRM, shall ensure that the following obligations are fulfilled: a) informing the public either by public notices or by other appropriate means, such as by electronic means, as regards the site where the exploration operations are provided; b) identification of the interested public, which includes the affected or potentially affected public or having an interest in the decision to allow exploration operations, including nongovernmental organizations that promote environmental protection or other relevant organisations; c) making available to the public relevant information on such planned operations, including, inter alia, those on the right to participate in decision-making and the authority to which comments or questions may be addressed; d) ensuring the right of the public to express their observations and opinions at the time when all decision-making options are possible, in the sense that the consultation period will take place before the adoption of decisions on authorisation exploration; e) ensuring that the results of the public consultation are duly taken into account in the adoption of the decisions referred to in lett. d). (3) After examining the observations and opinions expressed by the public, the signatory authority of the oil agreements, ANRM, shall promptly inform the public of the decisions taken and the reasons and considerations on which it is based these, including information about the public consultation process. The time periods for the consultation of the public shall be reasonably established at each stage of the public consultation. (4) The provisions of par. ((1)-(3) shall not apply with regard to exploration works approved by ANRM before 18 July 2013. + Chapter VI Offshore oil operations in oil perimeters + Article 6 (1) The connected operating and infrastructure installations are operated only on authorized perimeters and only by operators designated for this purpose, according to the provisions of art. 4 4 para. ((3). (2) The signatory authority of the oil agreements, ANRM, requests the oil agreement holder to ensure that the operator has the capacity to comply with the requirements for the specific oil operations within the oil agreement. (3) For the entire duration of offshore oil operations the signatory authority of oil agreements, ANRM, requires the oil agreement holder to take all reasonable measures to ensure that the operator complies with the requirements and perform the functions and responsibilities under this law. ((. Where the competent authority considers, on the basis of the criteria laid down in art. 8 8 para. (7), that the operator no longer has the capacity to comply with the relevant requirements in accordance with this law, notifies his point of view in this regard to the signatory authority of oil agreements, ANRM. The signatory authority of the oil agreements, ANRM, may consider the point of view of the competent authority. (5) Subsequently, if the signatory authority of the oil agreements, ANRM, takes into account the point of view of the competent authority, subject to the granting, in advance, to the operator, of a period of 90 days for remediation and which has not been achieved until the end of this period, it shall notify the holder of the oil agreement in writing, regarding the failure of the responsibilities concerned, and he may propose to the signatory authority of the oil agreements, ANRM, the appointment of another operator (6) If the holder decides to replace the operator, a new operator will be designated no later than 60 days from the date on which the holder was notified by the signatory authority of the oil agreements, ANRM, and until the date on which the the newly-designated operator is approved by the signatory authority of oil agreements, ANRM, offshore oil operations are carried out with the existing operator. (7) The signatory authority of the oil agreements, ANRM, shall ensure that operations with operating and non-productive installations are not started or continued until the report on major hazards has been accepted by the competent authority under this law. The signatory authority of the oil agreements, ANRM, ensures that the probe operations or combined operations do not begin or continue before the major hazards report for the facilities involved has been accepted under this law. Furthermore, such operations shall not commence or continue until the competent authority has been notified of a notification of operations to the probe or a notification of combined operations pursuant to art. 10 10 para. ((1) lit. h) or i), or if the competent authority objects to the content of a notification. (8) The operator shall provide a safety zone around an installation in which ships are prohibited from entering or remaining. The prohibition shall not apply to a ship entering or remaining in the safe zone, if it is in one of the following situations: a) in connection with the implementation, inspection, testing or repair, maintenance, alteration, renewal or removal of any cable or subsea duct in the safety zone or its proximity; b) under the conditions in which they provide services for any installations in the safety zone or transport persons or goods from/to them; c) to inspect any installation or infrastructure connected from that safe area that is under the jurisdiction of Romania in the Black Sea; d) in the case of life or property saving operations; e) due to the weather; f) when in danger; g) if the operator, the owner or the competent authorities of the state have expressed their consent. (9) By order of the competent authority, a mechanism for effective participation in the tripartite consultations between the competent authority, operators and owners as well as the representatives of the workers on the formulation of standards and policies dealing with the prevention of major accidents. + Chapter VII Environmental liability with reference to the prevention and repair of damage to the environment + Article 7 Without prejudice to the scope of environmental liability relating to the prevention and repair of environmental damage as regulated by Government Emergency Ordinance no. 68/2007 , approved by Law no. 19/2008 , with subsequent amendments and completions, the holder of the oil agreement is financially liable for the prevention and repair of environmental damage, as defined in art. 2 of Government Emergency Ordinance no. 68/2007 , approved by Law no. 19/2008 , with subsequent amendments and completions, caused by offshore oil operations carried out by the holder of the oil agreement or by the operator or on their behalf. + Chapter VIII Operation of the Competent Authority for the Regulation of Offshore Oil Operations on the Black Sea + Article 8 (1) The Competent Authority for the Regulation of Offshore Oil Operations at the Black Sea, specialized body of the central public administration, with legal personality, subordinated to the Government, which exercises the following Tasks: a) the assessment and acceptance of reports on major hazards, the assessment of notifications of design and evaluation of notifications of well operations or combined operations and other such documents presented to it; b) supervision of compliance with the provisions of this law by operators and owners, including inspections, control, investigations and enforcement measures; c) advising other authorities or bodies, including the signatory authority of oil agreements, ANRM, for offshore oil operations; d) elaboration of annual plans in accordance with art. 20 20; e) compiling reports; f) cooperation with the competent authorities of the various Member States or with the contact points, pursuant to art. 26 26; g) establish a policy, process and procedures for a full evaluation of reports on major hazards and notifications submitted pursuant to art. 10, as well as for the supervision of compliance with the provisions provided for in this law, including inspections, investigations and coercion measures; h) where appropriate, prepare and implement coordinated or joint procedures with other authorities of the Member States of the European Union for the performance of their duties under this Law. (2) In the exercise of the duties provided in par (1), in particular those provided in par. ((1) lit. a), b) and c), the competent authority shall act objectively and independently from other authorities exercising any of the regulatory functions relating to the economic development of offshore natural resources, the authorization of oil operations offshore, collection and management of revenue from those operations, with the avoidance of conflict of interest between the functions of the competent authority, on the one hand, and the functions referred to above for the other authorities, on the other. (3) The Regulation on the organization and functioning of the competent authority shall be approved by Government decision, within 30 days from the date of entry into force of this Law. (4) In the elaboration of the organization and functioning regulation approved by the Government decision provided in par. ((3) the principles set out in Annex no. 3. The organization and functioning regulation shall contain a description of the manner in which the competent authority is organized, the reason for which it was established in a certain way, the way in which the performance of duties is ensured and compliance with its obligations, as well as the way in which the independence and objectivity of the competent authority towards regulatory functions related to the economic development of offshore natural resources, the authorisation of operations offshore oil, collection and revenue management from operations respective, description that will be made available to the public. (5) The competent authority is a public institution financed by its own income and subsidies granted from the state budget through the budget of the General Secretariat of the Government. (6) The competent authority may realize revenues from other sources, provided by law, including the recovery of financial costs from the holders of oil agreements, operators and owners, on the basis of fixed, transparent, objective and proportionate, for the works and services carried out by it in favour of the holders of oil agreement, operators and owners. These fixed rates will be regulated by the secondary legislation issued by the competent authority within 60 days of the entry into force of this law. (7) In 2016 the financing of the competent authority will be financed by the approved budget of the General Secretariat of the Government by State budget law for 2016 no. 339/2015 and in the total number of staff related to the principal authorising officer and public institutions financed by its budget. (8) In order to carry out the provisions of par. (5) and (6), the General Secretariat of the Government is empowered to introduce changes in the 2016 budget by framing the approved expenditures. (9) The competent authority may conclude formal agreements with the competent agencies of the European Union or with other appropriate bodies, where they exist, for the provision of expert expertise to support the competent authority in the the performance of its regulatory functions. For the purposes of this paragraph, a body shall not be deemed appropriate if its objectivity could be compromised by conflicts of interest. (10) Also, in carrying out its activity in accordance with the provisions of art. 27 27 para. ((2) and (3), art. 28 28 para. ((1) and (6), art. 29 29 para. ((1)-(3) and art. 30 30 para. ((5), the competent authority shall conclude, within 30 days from the date of entry into force of the Regulation on organisation and operation and whenever necessary, interinstitutional cooperation protocols with the national responsible authorities the safety of offshore oil operations referred to in Annex no. 10. (11) The competent authority shall transmit to the European Commission the reports provided by this Law, after consulting the institutions referred to in ((10), where appropriate. (12) The competent authority shall transmit to the Government, every 2 years, by March 31, for approval, the report of its activity. (13) The Government shall verify, with the proper performance of the powers by the competent authority, on the basis of the reporting received according to (11), and the objective and independent character of the activity of the competent authority, namely the avoidance of conflict of interest in accordance with paragraph ((2). (14) The competent authority is headed by a President with the rank of Secretary of State and a Vice-President with the rank of Undersecretary of State, appointed by decision of the Prime Minister for a period of 5 years. The President is the competent authority in relations with third parties. In case of temporary unavailability of the president, the legal representation rests with the vice president (15) The quality of president and vice-president is incompatible with the exercise of public functions, except for teaching activity, under the law. The President and the Vice-President are prohibited from exercising, directly or through interposed persons, trade activities and participating in the management or management of companies regulated by Company law no. 31/1990 , republished, with subsequent amendments and completions, autonomous kings or cooperative organizations. (16) The mandates of the President and the Vice-President a) on expiry of the duration b) by resignation; c) by impossibility of exercising the mandate, consisting of an unavailability over a period of more than 60 consecutive days; d) to the occurrence of incompatibilities between those provided in par. ((15); e) by revocation by the appointing authority; f) by death. + Chapter IX Role of the Competent Authority for the Regulation of Offshore Oil Operations on the Black Sea + Article 9 (1) The competent authority shall act independently of the policies, regulatory decisions or other considerations which are not related to its duties in accordance with this law and in compliance with the principles set out in art. 8. (. The competent authority shall determine the level of its responsibilities by the rules of organisation and operation and of the responsibilities of the operator and of the owner on the control of major accident risks (. The competent authority shall make available to the holder of oil agreement, to operators and to political owners, the process and procedures in accordance with art. 8 8 para. ((1) lit. g) and make available to the public summaries thereof. (. The competent authority shall base its policy and organisational and operational procedures on the principles set out in Annex no. 3. (5) The competent authority shall finalize the adoption of the legal framework for the regulation of offshore oil operations in accordance with this law, within 180 days from the date of its entry into force. + Chapter X Documents to be submitted for offshore oil operations + Article 10 (. The controller or the owner shall be required to submit the following documents to the competent authority a) the general policy of preventing major accidents or a proper description thereof, in accordance with art. 18 18 para. ((1) and (5); b) the safety and environmental management system or a suitable description thereof applicable to the installation, in accordance with art. 18 18 para. ((3) and (5); c) in the case of a planned production installation, a design notification in accordance with Annex no. 1 1 Part I; d) a description of the independent verification system, in accordance with art. 16 16; e) a report on major hazards, in accordance with art. 11 11 and 12; f) in the event of a substantial modification, including the disassembly of an installation, a report on the modified major risks, in accordance with art. 11 11 and 12; g) the internal emergency response plan or an adequate description of it in accordance with art. 13 13 and 27; h) in the case of a probe operation, a notification of the operation at that probe and information on the operation at that probe, in accordance with art. 14 14; i) in the case of a combined operation, a notification of combined operations in accordance with art. 15 15; j) in the case of an existing operating facility, which must be moved to a new operating site in which it is operated, a notification of the move, in accordance with Annex no. 1 1 Part I; k) any other relevant documents required by the competent authority. (2) The documents provided in par. ((1) lit. a), b), d) and g) accompany the report on the major hazards required under paragraph 1. ((1) lit. e). The general policy for the prevention of major accidents of an operator of a probe, if not previously transmitted, shall be transmitted together with the notification of the probe operations to be transmitted pursuant to paragraph 1. ((1) lit. h). ((3) Notification of the design required under par. ((1) lit. c) it shall be transmitted to the competent authority within the time limit laid down by the competent authority before the planned presentation of the report on The competent authority shall respond to the notification of design by comments to be taken into account in the major hazards report. (. Where an existing operating facility is to enter the offshore areas under the jurisdiction of Romania or to leave them, the operator shall notify the competent authority in writing before the date on which the installation of exploitation to enter or leave them. ((5) Notification of the relocation required under par. ((1) lit. j) be transmitted to the competent authority at a sufficiently early stage of the proposed evolution, in order to allow the operator to take into account any problems raised by the competent authority during the preparation of the report on major hazards. ((6) Where there is a substantial change affecting the design or moving notification prior to the submission of the major hazards report, the competent authority shall be informed as soon as possible of the that amendment. ((7) The report on the major hazards required under par. ((1) lit. e) shall be submitted to the competent authority within a time limit set by the competent authority, which shall be before the + Chapter XI Report on major hazards associated with an operating facility + Article 11 ((. The operator shall have the obligation to draw up a report on major hazards relating to an operating facility, which shall be transmitted to the competent authority. The report shall contain the information set out in Annex no 1 Parts II and V and shall be updated where appropriate or when requested by the competent authority, on objective and non-discriminatory criteria and justified in writing. ((. The representatives of the workers shall be consulted at the relevant stages during the preparation of the report on major hazards relating to an operating facility and samples shall be provided in accordance with Annex no. 1 1 Part II, point 3. ((. The report on major hazards relating to an operating facility may be prepared in relation to a group of installations covered by the agreement of the competent authority. ((4) Where further information is required in order to accept a report on major hazards, at the written and justified request on non-discriminatory and objective criteria of the competent authority, the operator shall provide these information and make the necessary changes in the report on major hazards. ((5) Where modifications are to be made to the operating plant leading to a substantial modification or the disassembly of a fixed operating installation is foreseen, the operator shall prepare a modified report on major hazards, which is transmitted pursuant to art. 10 10 para. ((1) lit. f) within the period set by the competent authority, according to Annex no 1 Part VI. ((6) The planned amendments or, where appropriate, the disassembly of installations may be initiated only after the competent authority has accepted the amended report on major hazards relating to the operating plant. (7) At the written and justified request on non-discriminatory and objective criteria of the competent authority or at the latest 5 years, the operator shall be required to review the report on major hazards relating to an operating facility. Review results shall be notified to the competent authority + Chapter XII Report on major hazards of a non-productive installation + Article 12 ((. The owner shall prepare a report on major hazards relating to an unproductive plant, which shall be transmitted to the competent authority. That report shall contain the information specified in Annex no. 1 1 Parts III and V and shall be updated where appropriate or when requested in writing and justified on non-discriminatory and objective criteria by the competent authority. ((. The representatives of the workers shall be consulted during the relevant stages of the preparation of the report on major hazards relating to a non-productive installation and samples shall be provided in accordance with Annex no. 1 1 Part III, point 2. ((. Where further information is required in order to accept a report on major hazards concerning non-productive installations, the competent authority shall require the owner, in writing and justified, on the basis of non-discriminatory and objective, information necessary to make possible changes to the report on major hazards. (4) If changes are to be made to the non-productive plant, which would result in a substantial modification, or the disassembly of a non-productive fixed installation is foreseen, the owner prepares an amended report on the hazards major, which is transmitted pursuant to art. 10 10 para. ((1) lit. f) within the time limit set by the competent authority, in accordance with Annex no. 1 1 Part VI, point 1-3. (5) In the case of an unproductive fixed installation, the planned modifications shall not be applied or, where appropriate, decommissioning shall not commence until the competent authority has accepted the amended report on major hazards relating to the fixed installation. unproductive. ((6) The planned amendments or, where appropriate, the disassembly of non-productive mobile installations may be initiated only after the competent authority has accepted the amended report on major hazards relating to the non-productive mobile installation. (7) At the written and justified request on non-discriminatory and objective criteria of the competent authority or at most 5 years, the operator shall be required to review the report on major hazards relating to an unproductive installation. Review results shall be notified to the competent authority + Chapter XIII Internal emergency response plan + Article 13 (1) Operators or owners, as the case may be, are required to develop internal emergency response plans, which shall be transmitted in accordance with art. 10 10 para. ((1) lit. g) and be updated at the request of the competent authority The plans are prepared in accordance with art. 27, taking into account the risk assessment of the major accident carried out during the preparation of the most recent report on major hazards. The internal emergency response plan shall include an analysis of the effectiveness of the intervention in the event of an oil spill. ((2) In the event of the operation of the probe on a non-productive mobile installation, the internal emergency response plan for the installation shall take into account the risk assessment carried out during the preparation of the notification of operations at the probe to the competent authority. ((3) In the event of the amendment of the internal emergency response plan, due to the special nature or location of the probe, the operator of the probe shall transmit to the competent authority the internal intervention plan in case of the modified emergency or an appropriate description thereof, in order to complete the relevant notification of the well operations. ((. Where combined operations are carried out at a non-productive installation, the internal emergency response plan shall be amended to cover the combined operations and shall be transmitted to the competent authority to complete the relevant notification of combined operations. + Chapter XIV Notification and information on well operations + Article 14 (. The operator of a probe shall prepare the notification to be transmitted pursuant to art. 10 10 para. ((1) lit. h) the competent authority. That notification shall be transmitted within the time limit set by the competent authority before the start of the operation That notification of well operations shall include information on the design of the probe and on the proposed probe operations in accordance with Annex no. 1 1 Part IV. This includes an analysis of the effectiveness of the intervention in case of an oil spill. (. The competent authority shall review the notification and, if deemed necessary, take the appropriate measures before the start of operations at the probe, including the prohibition of commencement (3) The operator of the probe involves an independent verification body in the planning and preparation of the substantial modification of the notification of the well operations transmitted pursuant to art. 16 16 para. ((4) lit. b) and shall immediately inform the competent authority of any substantial modification of the notification of the operations of the transmitted probe The competent authority shall review these changes and, if deemed necessary, take appropriate measures. ((. The operator of the probe shall report on operations at the competent authority's probe in accordance with the requirements set out in Annex no. 2. They are transmitted weekly, starting with the start of operations at the well or at the intervals specified by the competent authority. + Chapter XV Notification of combined operations + Article 15 ((. The operators and the owners involved in a combined operation shall prepare the notification together, which shall be transmitted pursuant to art. 10 10 para. ((1) lit. i). The notification shall contain the information specified in Annex 1 Part VII. One of those operators shall transmit the combined operations notification to the competent authority. The notification shall be submitted within the time limit set by the competent authority before the start of (. The competent authority shall review the notification and, if deemed necessary, take the appropriate measures before the commencement of the combined operations, including the prohibition of ((. The notifying operator shall, without delay, inform the competent authority of any substantial modification of the notified notification. The competent authority shall review these changes and, if deemed necessary, take appropriate measures. + Chapter XVI Independent verification + Article 16 ((. Operators and owners shall establish independent verification systems and prepare a description of those systems, which shall be transmitted pursuant to art. 10 10 para. ((1) lit. d) and shall be included in the safety and environmental management system transmitted pursuant to art. 10 10 para. ((1) lit. b). The description shall contain the information specified in Annex 1 1 Part V. ((. The results of the independent verification shall be without prejudice to the liability of the operator or the owner for the correct and safe operation of the equipment and systems in the process of verification. ((. The selection of the independent verification body and the format of the verification system shall comply with the criteria set out in Annex no 5. (. Verification systems by independent bodies shall be established: a) with regard to installations, to provide independent assurance that the safety and environmental critical elements identified in the risk assessment for the installation as described in the report on major hazards are adequate and that the program for the examination and testing of critical safety and environmental elements is appropriate, updated and works according to the plan; b) in relation to the notifications of the probe operations, in order to provide independent assurance that the design of the probe and the control measures on the probe are appropriate to the conditions laid down by its operation in any situation. ((5) Operators and owners shall respond and take appropriate action on the basis of advice from the independent verification body. ((6) Operators and owners are required to make available to the competent authority the advice received from the independent verification body in accordance with paragraph 1. ((4) lit. a), as well as the evidence on the actions taken following that advice. The evidence will be kept by the operator or owner for a period of 6 months from the completion of the offshore oil operations it targets. ((7) The operators shall ensure that the observations and findings of the independent verification body in accordance with paragraph 1. ((4) lit. b), and the actions taken following these findings and observations are presented in the notification of operations at the well prepared in accordance with art. 14. (8) In the case of operating installations, the verification system shall be introduced prior to the completion of their design. In the case of an unproductive installation, the system is introduced before the start of operations in the offshore + Chapter 17 Powers of the competent authority in respect of plant operations + Article 17 The competent authority shall have the following: a) prohibit, on the basis of a written decision justified on non-discriminatory and objective criteria, the operation or commencement of operations at any facility or any infrastructure connected to it where the measures proposed in the report on major hazards for the prevention or limitation of the consequences of major accidents, or in notifications of operations at the probe or on combined operations transmitted pursuant to Article 10 10 para. ((1) lit. h) or i), as the case may be, are considered insufficient to comply with the requirements of the b) in exceptional circumstances, as well as if it considers that the safety of the personnel and the protection of the environment are not endangered, to reduce the time frame between the moment of presentation of the report on major hazards or other documents to be transmitted pursuant to art. 10 and the start of operations; c) require the operator to take the proportionate measures which the competent authority considers necessary to ensure compliance with art. 3 3 para. ((1); d) where art is applied. 6 6 para. (4), take appropriate measures to maintain the continuing safety of operations; e) require improvements and, if necessary, prohibit the continued exploitation of any installation or any part or infrastructure connected to it, if the result of an inspection, of a finding pursuant to art. 6 6 para. ((4), of a periodic review of the report on major hazards submitted pursuant to art. 10 10 para. ((1) lit. e) or of amendments to the notifications submitted pursuant to art. 10 10 indicates that the requirements referred to in this Law are not complied with or that there are justified concerns about the safety of offshore oil operations or facilities. + Chapter XVIII Prevention of major accidents by operators and owners + Article 18 (1) The competent authority shall require operators and owners to prepare a document by which they are required to implement the general policy for the prevention of major accidents in offshore oil operations organised by they, including by applying appropriate monitoring arrangements to ensure the effectiveness of that policy. The document shall contain the information specified in Annex I Part VIII. (2) The overall major accident prevention policy takes into account the primary responsibility of operators for, inter alia, the control of the risks of a major accident, which are the result of their operations and the improvement continue to control those risks to ensure a high level of protection at any time. ((. Operators and owners shall draw up a document describing their safety and environmental management system, which shall be transmitted pursuant to art. 10 10 para. ((1) lit. b). That document shall include the description of: a) organisational arrangements for the control of major hazards; b) the modalities for the preparation and submission of reports on major hazards and other documents, as appropriate, under this law; and c) independent verification systems established pursuant to art. 16. (4) The competent authority shall provide the necessary framework for effective tripartite consultation, in accordance with 6 6 para. ((9). Where appropriate, the commitment of an operator and an owner to these mechanisms can be highlighted in the overall major accident prevention policy. (5) The overall major accident prevention policy and the safety and environmental management systems are prepared in accordance with Annex no. 1 1 Parts VIII and IX and Annex no. 4. The following conditions shall apply: a) the overall major accident prevention policy is in written form and sets out the general objectives and mechanisms for controlling the risks of major accidents, and how those objectives will be achieved and how those mechanisms will be implemented at the organisational level; b) the safety and environmental management system is integrated into the general management system of the operator or owner and includes the organizational structure, responsibilities, practices, procedures, processes and resources in order to the establishment and implementation of the general policy for the prevention of major accidents. ((6) Operators and owners prepare and maintain a complete inventory of emergency response equipment relevant to their offshore oil operations. (7) The Government shall ensure that operators and owners, in consultation with the competent authority and using the exchanges of knowledge, information and experiences provided in art. 26 26 para. (1), prepare and review standards and guidelines on best practice in relation to the control of major hazards during the life cycle of offshore oil operations and that they comply with at least the presentation general of Annex no. 6. ((8) Operators and owners shall ensure that the document on their general policy for the prevention of major accidents referred to in par. ((1) includes, at the same time, their production facilities and non-productive installations located outside the European Union. (9) Where an activity carried out by an operator or an owner presents an immediate danger to human health or significantly increases the risk of a major accident, the operator or owner shall take appropriate measures that may include, if necessary, suspend the relevant activity until the danger or risk is adequately controlled. Where such measures are taken, the operator or the owner shall notify the competent authority without delay and within 24 hours of taking those measures. ((10) Operators and owners shall take appropriate measures to use the appropriate technical means or procedures in order to promote the reliability of the collection and registration of relevant data and to prevent their possible manipulation. + Chapter XIX Offshore oil operations carried out outside the European Union + Article 19 ((1) Companies registered on the territory of Romania, which carry out directly or through subsidiaries offshore oil operations outside the European Union as a holder of oil agreement or as operators, have the obligation to report to the competent authority the circumstances of any major accident involving them. (2) In the request for a report under par. (the competent authority shall specify the details of the information required. The exchange of reports of this type shall be conducted in accordance with art. 26 26 para. ((1). + Chapter XX Ensuring compliance with the regulatory framework for preventing major accidents + Article 20 ((. Operators and owners shall comply with the measures set out in the report on major hazards and in the plans referred to in the notification of well operations and the notification of combined operations, transmitted pursuant to art. 10 10 para. ((1) lit. e), h) and lit. i). ((. Operators and owners shall provide the competent authority or persons acting under the direction of the competent authority to transport to and from an installation or vessel associated with offshore oil operations, including transport their equipment, at any reasonable time, as well as accommodation, meals and other means of subsistence relating to their visit to facilities for the purpose of facilitating supervision by the competent authority, including carrying out inspections, investigations and verification of the proper application of this law. (. The competent authority shall draw up annual plans for effective supervision, including through inspections, of major hazards, on the basis of risk management and paying particular attention to compliance with the report on major hazards; and the other documents submitted pursuant to art. 10. The effectiveness of the plans shall be reviewed periodically and the competent authority shall take any measures necessary to improve them, in consultation with the holders of the oil agreement, operators and owners. + Chapter XXI Confidential reporting on safety concerns + Article 21 (. The competent authority shall establish mechanisms: a) for confidential reporting on safety and environmental concerns related to offshore oil operations that it receives from any source; and b) for the investigation of such reports, while maintaining the anonymity of the persons concerned. ((2) Operators and owners shall communicate to their own workers and contractors related to the operation and workers of these contractors the details of the national arrangements regarding the mechanisms provided in par. ((1) and to ensure that references to such confidential reports are included in notifications sent to them and in the training programmes. + Chapter XXII Exchange of information + Article 22 Operators and owners shall provide the competent authority with at least the information in Annex 9. + Chapter XXIII Transparency + Article 23 The competent authority shall make the information referred to in Annex no. 9. + Chapter XXIV Reporting on safety and environmental impact + Article 24 (. The competent authority shall submit an annual report to the European Commission containing the information specified in Annex no. 9 9 section 3. (2) Exchange of information in accordance with art. 22 and publication of the information in accordance with art. 23 23 is carried out by the competent authority. + Chapter XXV Investigation following a major accident + Article 25 (. The competent authority shall ensure the thorough investigation of major accidents, including inspections and coercion measures, together with other authorities with legal powers to do so, each in its area of competence. (. The competent authority shall make available to the European Commission a summary of the findings drawn up in accordance with paragraph 1. (1), either at the end of investigations or at the completion of legal proceedings, depending on the context. The competent authority shall publish the non-confidential version of the findings. (. The competent authority shall implement any recommendations resulting from the investigation referred to in paragraph 1. ((1) falling within its competence. + Chapter XXVI Cooperation of competent authority with competent authorities of other Member States of the European Union + Article 26 (. The competent authority shall conduct a regular and reciprocal exchange of knowledge, information and experience with other competent authorities, through the Group of the European Union's offshore oil and gas authorities, and participate in consultations on the implementation of national and European Union legislation with industry, other stakeholders and the European Commission. (2) Knowledge, information and experience subject to exchange pursuant to paragraph 1. ((1) relate, in particular, to the way in which the risk management measures are implemented, the prevention of major accidents, the verification of compliance with the legislation and the emergency intervention relating to offshore oil operations carried out at national level, as well as where appropriate outside the European Union. (3) The competent authority shall participate in the establishment of clear common priorities for the preparation and updating of standards and guidelines, with the aim of identifying and facilitating the implementation and consistent application of the best practices on offshore oil operations. ((. By 1 September 2016, the competent authority shall notify the European Commission of the national measures put in place with regard to access to knowledge, assets and expert resources, including formal agreements in accordance with art. 8 8 para. ((9). + Chapter XXVII Requirements for internal emergency response plans + Article 27 (1) Internal emergency response plans that are prepared by the operator or owner in accordance with art. 13 13 and to be transmitted pursuant to art. 10 10 para. ((1) lit. g) are: a) put into practice without delay, to intervene in the event of any major accident or in the event of a situation where there are imminent risks of major accident; and b) correlated with the external emergency intervention plan referred to in art. 28. (2) The operator and the owner shall keep up-to-date the relevant equipment and expertise for the internal emergency response plan, in order for them to be available at any time and, as required, to be made available. the competent authority and the authorities responsible for the execution of the external emergency response plan in which the internal emergency response plan applies. (. The internal emergency response plan shall be drawn up in accordance with Annex no. 1 1 Part X and is updated following any substantial amendment to the report on major hazards or notifications submitted pursuant to art. 10. Any such updates shall be communicated to the competent authority pursuant to art. 10 10 para. ((1) lit. g) and notified to the authority or authorities responsible for the preparation of external emergency response plans in the area concerned. (4) The internal emergency response plan shall be integrated into other measures concerning the protection and rescue of personnel on the damaged facility so as to ensure a high chance of personal safety and survival. + Chapter XXVIII External emergency response plans and emergency preparedness capacity + Article 28 (1) Responsible authorities at national level prepare external emergency response plans relating to all offshore oil installations or connected infrastructure and potentially affected areas under the jurisdiction of the Romania. The framework structure of the external emergency intervention plan will be approved by Government decision and will contain at least the information provided in Annex no. 7. (. External emergency response plans shall be drawn up in cooperation with the relevant operators and owners and, where appropriate, with the holders of the oil agreements and the competent authority and shall take into account the most recent versions. of the internal emergency response plans for connected, existing or planned facilities or infrastructure in the area covered by the external emergency response plan. (3) The external intervention plans in case of emergency will be elaborated in accordance with the Government's decision provided in par. ((1) and shall be made available to the European Commission, to other potentially affected Member States and to the public by the competent authority. Where external emergency response plans are made available, the information disclosed shall not pose risks to the safety and security of offshore oil facilities and their exploitation and shall not harm them. national economic interests or the personal safety of state officials. (. The competent authority shall take appropriate measures, in cooperation with other national authorities responsible and in consultation with the competent authorities of other Member States, in order to achieve a high level of compatibility and interoperability of intervention equipment and expertise between all Member States bordering the Black Sea and, if appropriate, outside it. The industry is encouraged to develop compatible and interoperable intervention equipment and services throughout the geographical region. (. The competent authority shall keep records of emergency response equipment and services in accordance with Annex no. 8 8 section 1 1 and make them available to the other potentially affected Member States and to the European Commission and, on the basis of reciprocity, to neighbouring third countries. ((6) Operators and owners shall regularly test their own readiness for effective intervention in the case of major offshore oil accidents, in close cooperation with the responsible authorities. (7) The competent authority shall develop cooperation scenarios for emergency cases. Those scenarios shall be evaluated periodically and updated as required. + Chapter XXIX Intervention in case of emergency + Article 29 ((. The operator or, where appropriate, the owner shall immediately notify the responsible authorities, including the competent authority, of a major accident or a situation which presents an imminent risk of a major accident. That notification shall describe the circumstances, including, where possible, the origin, the likely impact on the environment and the potential major consequences. (. In the event of a major accident, the operator or the owner shall take all appropriate measures to prevent its extension and to limit its consequences. The competent authorities may assist the operator or the owner, as appropriate, including by providing additional resources established by Government decision. (3) In the case of a major or even medium marine pollution by way of becoming major, the National Plan for Training, Response and Cooperation in the case of marine pollution with hydrocarbons and other harmful substances is activated, based on the provisions Government Decision no. 1.593/2002 on the approval of the National Plan for Training, Response and Cooperation in the case of marine pollution with hydrocarbons and other harmful substances, as amended. In the framework of the application of the provisions of the National Plan for Training, Response and Cooperation in the case of marine pollution with hydrocarbons and other harmful substances, coordination of intervention operations carried out by the components Maritime for response to such pollution is done by the Romanian Naval Authority. (. In the course of the emergency intervention, the responsible authorities shall collect the necessary information for an in-depth investigation pursuant to art. 25 25 para. ((1). + Chapter XXX Cross-border capacity for emergency preparedness and intervention of Member States in whose jurisdiction offshore oil operations are carried out + Article 30 ((. Where the competent authority considers that a major risk of an offshore oil operation to take place under the jurisdiction of Romania is likely to have significant effects on the environment of another Member State, it, prior to the start of the operation, shall submit the relevant information to the competent authority of the potentially affected Member State and make every effort, together with the competent authority of the Member State potentially affected, measures to prevent damage. When it considers the territory of Romania potentially affected, the competent authority shall require the competent authority of the State under whose jurisdiction the offshore oil operation is to take place to transmit all relevant information. The competent authority shall assess the effectiveness of the measures, together with the competent authorities of the other Member States, without prejudice to the regulatory functions of the competent authority in whose jurisdiction the operation would take place. cause pursuant to art. 8 8 para. ((1) lit. a)-c). (. Within the framework of internal and external emergency response plans, account shall be taken of the major risks identified in accordance with paragraph 1. (1), in order to facilitate effective joint intervention in the event of a major accident. ((. Where there is a risk that the foreseeable cross-border effects of major accidents will affect third countries, the competent authority shall make available to third countries information on the basis of reciprocity. (. The competent authority shall cooperate with the authorities of the other Member States to coordinate measures relating to areas outside the European Union to prevent potential adverse effects caused by offshore oil operations. (5) The national authority responsible for the naval field shall carry out regular testing of the capacity to prepare for effective intervention in the case of major accidents, cooperating with the authorities of the potentially affected Member States, the relevant Union agencies and, on a reciprocal basis, with the authorities of the potentially affected third countries. ((6) In the event of a major accident or imminent threat related to it which produces or may cause cross-border effects, the competent authority shall inform the European Commission and the authorities of the Member States or countries without delay. third parties that may be affected by the situation and continuously provide relevant information for an effective emergency response. + Chapter XXXI Coordinated approach for the safety of offshore oil operations at international level + Article 31 In its work, the competent authority will cooperate with the authorities of the Member States and those of neighbouring third countries to promote preventive measures and regional emergency response plans. The national safety standards promoted by the European Commission and the Member States will be taken into account in national legislation. + Chapter XXXII Contraventions and penalties + Article 32 It constitutes contraventions non-compliance by the holder of the oil/operator agreement with the obligations provided 3 3 para. ((1) and (3), art. 6 6 para. ((1) and (6), art. 10 10, art. 11 11 para. ((1), (4), (5) and (7), art. 12 12 para. ((1) and (7), art. 13 13 para. ((1), (3) and (4), art. 14 14 para. ((1) and (3), art. 15 15 para. ((1) and (3), art. 16 16 para. ((1), art. 18 18 para. ((1) and (3), art. 19 19 para. ((1), art. 27 27 para. ((1) lit. a), para. ((2) and (3), art. 28 28 para. ((6), art. 29 29 para. ((1) and (2). + Article 33 (1) Contraventions provided in art. 32 32 shall be sanctioned as follows: a) with a fine from 50,000 lei to 100,000 lei, non-compliance with art. 10 10, art. 11 11 para. ((4), art. 13 13 para. ((3) and (4), art. 18 18 para. ((3) and art. 19 19 para. ((1); b) by way of derogation from provisions art. 8 8 para. ((2) lit. a) of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, with a fine of 100,000 lei to 150,000 lei, non-compliance with art. 11 11 para. ((1), (5) and (7), art. 12 12 para. ((1) and (7), art. 13 13 para. ((1), art. 14 14 para. ((1) and (3), art. 15 15 para. ((1) and (3), art. 16 16 para. ((1), art. 27 27 para. ((1) lit. a), para. ((2) and (3), art. 28 28 para. ((6) and art. 29 29 para. ((1); c) by way of derogation from provisions art. 8 8 para. ((2) lit. a) of Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, with a fine from 150,000 lei to 200,000 lei, non-compliance with art. 3 3 para. ((1) and (3), art. 18 18 para. ((1) and art. 29 29 para. ((2); d) by way of derogation from provisions art. 8 8 para. ((2) lit. a) of Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, with a fine from 200,000 lei to 250,000 lei, non-compliance with art. 6 6 para. ((1) and (6). ((2) The offender may pay, on the spot or within a maximum of 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication, half of the minimum of the fine provided for in the normative act, the ascertaining agent making mention of this possibility in the minutes. (3) The finding of contraventions and the application of sanctions and the notification of the competent authority shall be carried out by the national authorities responsible for the safety of offshore oil operations as follows: a) non-compliance with 3 3 para. ((1) and (3), art. 27 27 para. ((1) lit. a), art. 28 28 para. ((6) and art. 29 29 para. ((1) and (2), by the authorized personnel of the national authority responsible in the field of naval, respectively the Ministry of Transport, directly or through the structures under subordination/coordination with legal attributions in this field; b) non-compliance with 6 6 para. (1), by the authorized personnel of the signatory authority of the oil agreements, ANRM; c) non-compliance with 6 6 para. ((6), art. 10 10, art. 11 11 para. ((1), (4), (5) and (7), art. 12 12 para. ((1) and (7), art. 13 13 para. ((1), (3) and (4), art. 14 14 para. ((1) and (3), art. 15 15 para. ((1) and (3), art. 16 16 para. ((1), art. 18 18 para. ((1) and (3) and art. 19 19 para. (1), by the empowered staff of the competent authority. + Article 34 Contraventions provided for in art. 32 the provisions of Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter XXXIII Change lit. b) 13 13 of art. 2 of Government Emergency Ordinance no. 68/2007 on environmental liability with reference to the prevention and repair of damage to the environment + Article 35 In Article 2, point 13 of Government Emergency Ordinance no. 68/2007 on environmental liability with reference to the prevention and repair of environmental damage, published in the Official Gazette of Romania, Part I, no. 446 446 of 29 June 2007, approved by Law no. 19/2008 , with subsequent amendments and completions, letter b) is amended and shall read as follows: " b) the damage to the waters-any damage which has serious negative effects: ((i) on the ecological, chemical or quantitative status or on the ecological potential of the waters in question, as defined by Law no. 107/1996 , with subsequent amendments and completions, except for the negative effects for which art. 27 27 of that law; or ((ii) on the ecological status of the marine waters in question, as defined by Government Emergency Ordinance no. 71/2010 on the establishment of the Marine Strategy, approved with amendments Law no. 6/2011 ,, as amended, to the extent that the special aspects of the environmental status of the marine environment are not already subject to Law no. 107/1996 ,, as amended and supplemented. " + Chapter XXXIV Transitional provisions + Article 36 With regard to owners, planned production plant operators and operators planning or executing well operations, the Government shall apply the relevant laws and regulations adopted by 1 September. 2016. With regard to existing installations, the Government shall apply the relevant laws, regulations and administrative provisions of the date fixed for the review of the risk assessment documentation, no later than 19 July 2018. + Article 37 Within 90 days from the publication of the present law in the Official Gazette of Romania, Part I, the competent authority will develop the norms for its application, which it will submit to the approval of the Government. + Chapter XXXV Annex + Article 38 Annexes no. 1-10 are an integral part of this law. * This law transposes the provisions Directive 2013 /30/EU of the European Parliament and of the Council of 12 June 2013 on the safety of offshore oil and gas operations and amending Directive 2004 /35/EC ,, published in the Official Journal of the European Union, L series, no. 178 178 of 28 June 2013. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, July 22, 2016. No. 165. + Annex 1 Information to be included in the documents submitted to I. Information to be included in a notification regarding the design or relocation of a production facility Notification of the design and notification of the relocation of a production facility to be transmitted pursuant to art. 10 10 para. ((1) lit. c) and, respectively, lit. j) include at least the following information: 1. name and address of the operator; 2. a description of the design process for the production operations and systems, from an initial concept to the submitted project or the selection of an existing installation, the relevant standards used and the design concepts included in the process 3. a description of the design concept selected, in relation to the major hazards scenarios for the installation concerned and its location, and the main characteristics of risk control; 4. a proof that the concept contributes to the reduction, up to an acceptable level, of major hazards; 5. a description of the installation and the conditions within the intended site; 6 6. a description of any limitations on the safety of operations due to the environment, weather conditions and the nature of the seabed and the ways of identifying the risks caused by the hazards on the seafloor and those marine, such as pipelines and mooring areas of neighbouring facilities; 7. a description of the types of operations subject to major hazards to be carried out; 8. a general description of the safety and environmental management system, by means of which the measures provided for the control of major accident risks are effectively maintained; 9. a description of independent verification systems and an initial list of critical safety and environmental elements and their necessary performance; 10. if an existing production plant is to be moved to a new site to serve a different production operation, a proof demonstrating that the plant is suitable for the proposed production operation; 11. if a non-productive installation is to be modified for use as a production plant, a proof demonstrating that the plant is suitable for such conversion. II. Information to be included in a report on major hazards for the operation of a production facility Reports of major hazards in the case of a production plant preparing in accordance with art. 11 11 and shall be transmitted pursuant to art. 10 10 para. ((1) lit. e) include at least the following information: 1. a description of the way in which the intervention of the competent authority is taken into account in relation to the design notification; 2. name and address of the operator; 3. a summary on how any worker is involved in preparing the report on major hazards; 4. a description of the installation and of any association with other connected facilities or infrastructures, including probes; 5. a proof showing that all major hazards have been identified, that their likelihood and consequences have been assessed, including limitations on the safety of operations due to the environment, weather conditions and the nature of the bottom the sea, and that measures to control them, including the associated safety and environmental critical elements are appropriate, so that the risk of a major accident is reduced to an acceptable level; this evidence includes an assessment of the effectiveness of the intervention in the event of an 6. a description of the type of operations with major hazard potential to be carried out and the maximum number of persons who may be present at the facility at any time; 7. a description of equipment and ways to ensure sound control, process safety, isolation of hazardous substances, fire and explosion prevention, protection of workers against dangerous substances and protection the environment against a major accident in the early stages; 8. a description of the ways of protecting persons on installations against major hazards and ensuring their safe evacuation and rescue, as well as the modalities of maintenance of control systems for preventing damage caused to the installation and the environment if all personnel are evacuated; 9. the relevant codes, standards and guidelines used in the construction and commissioning of the installation; 10. information on the operator safety management system and the environment, which is relevant for the production plant; 11. an internal action plan in case of emergency or a proper description thereof; 12. a description of the independent verification system; 13. any other relevant details, for example where two or more installations operate combined in a way that affects the major hazard potential of any of those installations or all installations; 14. the relevant information within the meaning of other requirements of this Act, obtained under the major accident prevention requirements of Government Decision no. 1.050/2006 on minimum requirements for ensuring the safety and health of workers in the extractive drilling industry; 15. as regards the operations to be carried out from the installation, any information on the prevention of major accidents that could cause significant or serious damage to the environment, relevant to other requirements of this laws, obtained in accordance with Government Decision no. 445/2009 on the impact assessment of certain public and private projects on the environment, with subsequent amendments and completions; 16. an assessment of the potential environmental effects identified resulting from the loss of isolation of pollutants resulting from a major accident and a description of the technical and other measures envisaged to prevent, reduce and compensating them, including monitoring. III. Information to be provided in a report on major hazards for an unproductive facility Reports of major hazards in the case of a non-productive installation prepared in accordance with art. 12 12 and shall be transmitted pursuant to art. 10 10 para. ((1) lit. e) include at least the following information: 1. owner's name and address; 2. a summary on how any worker is involved in preparing the report on major hazards; 3. a description of the installation and, in the case of a mobile installation, a description of the means of its transfer between the sites and its stationary system; 4. a description of the types of operations with major hazard potential that the installation may perform and the maximum number of persons who may be present on the installation at any time; 5. a proof showing that all major hazards have been identified, that their likelihood and consequences have been assessed, including any limitations on the safety of operations due to environmental, weather and nature conditions the seabed, and that measures for their control, including the associated safety and environmental critical elements, are adequate so that the risk of a major accident is reduced to an acceptable extent; this evidence includes a assessment of the effectiveness of the intervention in the event of an oil 6. a description of equipment and ways to ensure sound control, process safety, isolation of hazardous substances, fire and explosion prevention, protection of workers against dangerous substances and protection the environment against a major accident; 7. a description of the ways of protecting persons on the plant against major hazards and ensuring their safe evacuation and rescue, as well as the modalities of maintenance of control systems for preventing damage caused to the installation and the environment if all personnel are evacuated; 8. the relevant codes, standards and guidelines used in the construction and commissioning of the installation; 9. a proof showing that all major hazards have been identified in the case of all the operations that the facility may carry out and that the risk of a major accident is reduced to an acceptable level; 10 10. a description of any limitations on the safety of operations due to the environmental, weather and nature of the sea bed and the ways of identifying the risks caused by the hazards on the seafloor and those of the environment marine, such as pipelines and mooring areas of neighbouring facilities; 11. information on the safety and environmental management system, which is relevant to the non-productive installation; 12. a copy or an appropriate description of the internal emergency response plan or an appropriate description thereof; 13. a description of the independent verification system; 14. any other relevant details, for example where two or more installations operate combined in a way that affects the major hazard potential of any of those installations or all installations; 15. as regards the operations to be carried out from the installation, any information obtained pursuant to Government Decision no. 445/2009 , with subsequent amendments and completions, on the prevention of major accidents that could cause significant or serious damage to the environment, relevant to other requirements under this law; 16. an assessment of the potential environmental effects identified resulting from the loss of isolation of pollutants resulting from a major accident and a description of the technical and other measures provided for the prevention, reduction and compensating them, including monitoring. IV. Information to be provided in a notification of probe operations Notifications of operations at the well prepared in accordance with art. 14 14 and shall be transmitted pursuant to art. 10 10 para. ((1) lit. h) include at least the following information: 1. name and address of the probe operator; 2. the name of the installation to be used and the name and address of the owner or, in the case of a production installation, of the contractor carrying out drilling activities; 3. the details of the probe identification and any association with connected facilities or infrastructure; 4. information on the working hours of the probe, including on the period during which it is exploited, the details and the verification of barriers to the loss of control over the probe (equipment, drilling fluids, cement, etc.), the control of direction of the probe path and limitations on safe operation in accordance with risk management; 5. in the case of an existing probe, information on its history and status; 6. any details of the safety equipment to be deployed and which are not described in the current report on major hazards relating to the installation; 7. a risk assessment which shall include a description of: a) the special hazards associated with the operation of the probe, including any limitations on the safety of operations due to environmental, meteorological and nature- b) hazards related to the subsea area; c) any operations carried out on the surface or in the marine subsoil showing a potential for major danger simultaneously; d) adequate control measures; 8. a description of the probe configuration at the end of operation-for example, permanently or temporarily abandoned-and whether the production equipment has been placed inside the probe for future use; 9. in the event of a modification of a notification of previously transmitted well operations, sufficient details for the complete update of the notification; 10. if a probe is to be constructed, modified or maintained using an unproductive installation, the following additional information shall: a) a description of any limitations on the safety of operations for environmental, meteorological and environmental reasons due to the nature of the seabed and the ways of identifying the risks caused by hazards on the seafloor and in the environment marine, such as pipelines and mooring areas of neighbouring facilities; b) a description of the environmental conditions that have been taken into account in the internal emergency response plan for the installation; c) a description of the arrangements for emergency response, including the modalities of intervention in the event of an incident affecting the environment, which are not presented in the report on major hazards; and d) a description of how the management systems of the probe operator and the owner are to be coordinated to ensure effective control of major hazards at any time; 11. a report containing the findings of the independent probe examination, including a statement from the probe operator stating that after examining the report and findings of the examination by independent probe bodies, the management the risk of the design of the probe and the barriers to loss of control are appropriate for all anticipated conditions and circumstances; 12. the relevant information within the meaning of other requirements of this Act, obtained under the major accident prevention requirements of Government Decision no. 1.050/2006 ; 13. as regards the operations at the probe to be carried out, any information relevant to other requirements under this law, obtained in accordance with Government Decision no. 445/2009 , with subsequent amendments and completions, on the prevention of major accidents that could cause significant or serious damage to the environment. V. Information to be provided on the verification system Descriptions to be submitted pursuant to art. 10 10 para. ((1) lit. d) in relation to independent verification systems established pursuant to art. 16 16 para. (1) include: a) a statement from the operator or the owner, after examining the report of the independent verification body, according to which the record of the safety critical elements and their maintenance system referred to in the report on the major hazards are or will be appropriate; b) a description of the verification system, including selection of independent verification bodies, means of verifying how critical safety and environmental elements and any machine specified in the system are repaired appropriate and in good condition; c) a description of the means of verification referred to in b), which includes details of the principles that will be applied to perform the functions within the system, as well as to make the system review throughout the life cycle of the facility, including: (i) examination and testing of critical safety and environmental elements by competent independent verification bodies; (ii) verification of the design, standards, certification or other compliance system of critical safety and environmental elements; (iii) review of progress; ((iv) reporting on any non-conformities; ((v) remedial measures taken by the operator or the owner. VI. Information to be provided on a substantial modification of an installation, including the relocation of a fixed installation Where substantial changes are made to an installation as referred to in art. 11 11 para. ((5) and in art. 12 12 para. ((4), the amended report on major hazards, which includes substantial changes and is transmitted pursuant to art. 10 10 para. ((1) lit. f), includes at least the following information: 1. name and address of the operator or owner; 2. a summary on how any worker is involved in preparing the revised report on major hazards; 3. sufficient details to fully update the previous report on major hazards and the related internal emergency response plan for the installation and to demonstrate that the risks of major hazards are reduced to a level acceptable; 4. if a fixed production plant is removed from use: a) the ways of isolating all hazardous substances, and in the case of probes connected to the plant, the definitive isolation of plant and environmental probes; b) a description of the risks of major hazards associated with the decommissioning of the plant for workers and the environment, the total population exposed and the risk control measures; c) the modalities of emergency response to ensure the safe evacuation and rescue of personnel and to keep control systems in operation in order to prevent a major accident for the environment. VII. Information to be provided in a notification of combined operations Notification of combined operations prepared pursuant to art. 15 15 and which is transmitted pursuant to art. 10 10 para. ((1) lit. i), shall include at least the following information 1. the name and address of the notifying operator; 2. where other operators or owners are involved in the combined operations, their names and addresses, including a confirmation that they agree with the content of the notification; 3. a description, in the form of a summary document authorised by all contributing parties, of the way in which the management systems for the installations involved in the combined operation will be coordinated, so that the risk of production of a major accident is reduced to an acceptable level; 4. a description of any equipment to be used in the combined operation, but not described in the current report on major hazards relating to any of the facilities involved in the combined operations; 5. a summary of the risk assessment carried out by all operators and owners involved in the combined operations, which includes: a) a description of any operation carried out during the combined operation which may carry hazards likely to cause a major accident on an installation or in connection with an installation; b) a description of any risk control measures implemented as a result of the risk assessment; 6. a description of the combined operation and working hours. VIII. Information to be provided on the overall major accident prevention policy General policy for the prevention of major accidents, prepared in accordance with art. 18 18 para. ((1) and which is transmitted pursuant to art. 10 10 para. ((1) lit. a), shall include the following information, but shall not be limited to: 1. responsibility at the level of the management board of companies for the continuous guarantee that the overall major accident prevention policy is adequate, implemented and works according to the plan; 2. measures to establish and maintain a strong safety culture with a high probability of continuous operation safely; 3. the scope and intensity of the process audit; 4. measures to reward and recognize the desired behaviors; 5. assessment of the company's capacities and objectives; 6. measures to maintain safety and environmental protection standards, as a fundamental value of society; 7. formal command and control systems which include board members and senior management of the company; 8. the approach of competence at all levels of society; 9. the extent to which point 1-8 applies to offshore oil operations of the company, carried out outside the European Union. IX. Information to be provided on a safety and environmental management system The safety and environmental management system, prepared pursuant to art. 18 18 para. ((3) and which is transmitted pursuant to art. 10 10 para. ((1) lit. b), shall include the following information, but shall not be limited to: 1. organizational structure and roles and responsibilities of personnel; 2. identification and assessment of major hazards, as well as their likelihood and potential consequences; 3. integrating environmental impacts into major risk assessments in the report on major hazards; 4. control of major hazards during normal operations; 5. management of changes; 6. planning and intervention in case of emergency; 7. limitation of environmental damage; 8. performance monitoring; 9. audit and review systems; and 10. the measures put in place for participation in tripartite consultations and how to implement the actions resulting from those consultations. X. Information to be provided in an internal emergency response plan Internal emergency response plans prepared pursuant to art. 13 13 and to be transmitted pursuant to art. 10 10 para. ((1) lit. g), include the following information, but not limited to them: 1. the names and functions of persons authorized to initiate emergency procedures and of the person conducting the internal intervention in case of emergency; 2. the name or function of persons who have the responsibility to cooperate with the authority or authorities responsible for the external emergency response plan; 3. a description of all foreseeable conditions or events that could cause a major accident, as described in the report on the major hazards to which the plan is annexed; 4. a description of the actions to be taken in order to control the conditions or events that could cause a major accident and to limit their consequences; 5. a description of the available equipment and resources, including the limitation of any leakage; 6. the ways of limiting the risks for persons who are on the plant and for the environment, including how alerts are transmitted and the measures to be taken by persons upon receiving the alert; 7. in the case of a combined operation, the arrangements for the coordination of the evacuation and rescue systems between the installations concerned to ensure a high chance of survival for the persons who are on the installations during a major accident; 8. an estimate of the effectiveness of the intervention in the case of an oil spill; the environmental conditions to be considered in this calculation of the intervention shall include: a) weather, including wind, visibility, precipitation and temperature; b) sea states, tides and currents; c) the presence of ice and debris; d) hours of natural light; and e) other known environmental conditions that could influence the effectiveness of the intervention equipment or the overall effectiveness of an intervention action; 9. systems providing an early warning of a major accident to the authority or authorities responsible for initiating the external emergency response plan, the type of information that should be included in an initial alert and systems for providing more detailed information as they become available; 10. systems aimed at training staff with regard to the obligations they must meet and, where necessary, their coordination with external emergency services; 11. systems aimed at coordinating internal and external emergency interventions; 12. evidence of previous assessments of chemicals used as a dispersal agent, which have been carried out to minimise public health implications and further damage to the environment. + Annex 2 Reports on probe operations transmitted pursuant to art. 14 14 para. ((4) Reports to be submitted to the competent authority pursuant to art. 14 14 para. (4) shall include at least the following information: 1. name and address of the operator; 2. name of the installation and name and address of the operator or owner 3. details on the identification of the probe and any association with connected facilities or infrastructure; 4. a summary of operations carried out since the commencement of operations or the previous report; 5. the vertical and measured vertical diameter and depth of: a) any drilling well; and b) any tubing installed; 6. the density of the drilling fluid at the time of the report; and 7. in the case of operations relating to an existing well, its current state of operation. + Annex 3 Principles of organization and functioning of the the competent authority pursuant to art. 8 8 and 9 I. Principles for the organisation of the competent authority 1. Effective performance of all obligations attributed to the competent authority in the present law, including regulatory measures in the field of safety and environmental protection in a fair manner; 2. Obligation of a policy statement describing the objectives of the supervision and application of the legislation and the obligations of the competent authority for the purpose of ensuring transparency, consistency, proportionality and objectivity in regulation of offshore oil operations; 3. Financing a sufficient specialized expertise, available either internally or through formal agreements with third parties or both, so that the competent authority can inspect and investigate operations, adopt enforcement measures the law and manage reports on major hazards and notifications; 4 4. Where external sources of expertise are called, the financing of the development of sufficient written guides and supervisory work to maintain the coherence of the approach and to ensure that the competent authority appointed it retains full responsibility under this law; 5 5. Financing essential training, communication, access to technology, travel and residence expenses of the staff of the competent authority for the performance of its duties and to facilitate active cooperation between the authorities competencies in accordance with art. 26 26; 6. If applicable, the request for reimbursement to the competent authority by the operators or owners of the cost of carrying out its duties under this law; 7. Financing and encouraging research activities according to the powers of the competent authority provided by this law; 8. Provide funding for the preparation of reports by the competent authority. II. Principles regarding the functioning of the competent authority, applied by it in the effective exercise of its legal powers provided for in art. 8 8 and 9 1. The obligation of a written strategy presenting the tasks, its priorities for action, for example on the design and operation of installations, the management of integrity and the capacity for emergency preparedness and intervention, as well as how it is organized; 2. Obligation of operational procedures describing how it will examine and implement the obligations of the operators and owners provided for in this Act, including how it will treat, assess and approve the reports on major hazards, in which it will deal with notifications of well operations and in which the frequency of inspections of major hazard control measures (including the environment) relating to a particular plant must be established or activity; 3. Obligation of procedures enabling the competent authority to perform its duties without prejudice to other responsibilities relating, for example, to onshore oil operations and to the regimes provided for in Government Decision no. 1.050/2006 ; 4. Detailed procedures for evaluating reports of major hazards require the provision of all factual and other information required under this law by the controller or the owner. The competent authorities shall ensure that at least the requirements for the following information are clearly specified in the guidelines addressed to operators and owners: a) all foreseeable hazards, having the potential to cause a major accident, including the environment, have been identified, their risks have been assessed and measures have been identified, including emergency, to control risks; b) the safety and environmental management system is properly described in order to demonstrate compliance with this law; c) appropriate measures have been described for the verification by independent bodies and for the performance of the audit by the operator or the owner; 5. When conducting a thorough examination of reports of major hazards, the competent authority shall ensure that: a) all necessary factual information is provided; b) the operator or the owner has identified all the hazards of reasonably foreseeable major accidents at the installation and its functions, together with any potential trigger events, and the fact that the methodology and the assessment criteria adopted for the assessment of the risks of major accidents, including the factors of uncertainty in the analysis, have been clearly explained; c) risk assessments have taken into account all relevant steps in the life cycle of the installation and anticipated all foreseeable situations, including: ((i) the way in which design decisions, as described in the design notification, have taken into account risk management so as to ensure the application of the inherent safety and environmental principles; (ii) the way in which the operations at the plant in operation will be carried out; ((iii) the way in which the well operations will be carried out and temporarily suspended before the start of production from a production plant; ((iv) how combined operations with another installation will be carried out; (v) how the installation will be decommissioned; d) how the risk mitigation measures are intended to be implemented, if this is necessary to reduce the risks to an acceptable level; e) if, in determining the measures necessary to achieve acceptable levels of risk, the operator or the owner has clearly demonstrated that he has taken into account the relevant good practices and an appreciation based on good practices of engineering, best management practices and principles concerning human and organisational factors; f) whether the measures and arrangements for rapid and effective detection and intervention at an emergency situation are clearly identified and justified; g) how the modalities and the evacuation and rescue measures aimed at limiting the worsening of an emergency and reducing its impact on the environment are logically and systematically integrated, taking into account the likely emergency conditions in which they will be undertaken; h) the manner in which the requirements are incorporated into the internal emergency response plans and whether a copy or adequate description of the internal emergency response plan has been transmitted to the competent authority; i) whether the safety and environmental management system described in the major hazards report is adequate to ensure control of major hazards at each stage of the plant life cycle and ensures compliance with all the legal provisions, as well as the audit and implementation of the audit recommendations; j) if the verification system by independent bodies is clearly explained. + Annex 4 Provisions of operators and owners in order to prevent major accidents pursuant to art. 18 1. The competent authority shall ensure that operators and owners: a) pay special attention to the assessment of reliability and integrity requirements with regard to all critical safety and environmental systems and establish their inspection and maintenance systems in order to achieve the required level of integrity and safety integrity; b) take appropriate measures to ensure, as far as possible, that there is no unplanned release of dangerous substances from the ducts, vessels and systems intended for their safe isolation; moreover, operators and the owners shall ensure that no isolation barrier failure can lead to a major accident; c) prepare an inventory of available equipment, their owners, location, their transport and how they are distributed on the plant, as well as any entities relevant to the implementation of the internal plan of emergency response; the inventory shall identify the measures introduced to ensure that equipment and procedures are maintained under operating conditions; d) have an adequate framework for monitoring compliance with all relevant statutory provisions, by integrating their statutory duties on the control of major hazards and environmental protection in their standard operating procedures; as well as e) pay special attention to the formation and maintenance of a solid safety culture, involving a high probability of continuous safe operation, including with regard to ensuring the cooperation of workers, through measures such as would be: ((i) the clear observance of the tripartite consultations and the actions arising therefrom; (ii) encouraging and rewarding reporting of accidents and events at the limit of an accident; (iii) cooperation with elected representatives in the field of safety; (iv) protection of informants. 2. The competent authority guarantees that the industry cooperates with the authorities responsible for establishing and implementing the priority plan for the development of standards, guidelines and rules that will enable the enforcement of best practices on the prevention of major accidents and, where appropriate, the limitation of the consequences of major accidents. + Annex 5 Selection of independent verification body and design of verification systems independent pursuant to art. 16 16 para. ((3) 1. The competent authority shall require the operator or the owner to ensure that the following requirements are met with regard to the independence of the independent verification body vis-à a) the function it has does not require the independent verification body to examine any aspect related to the critical safety or environmental element or any part of an installation, a probe or the project of a probe in which it was prior to the verification activity or where its objectivity could be compromised; b) the independent verification body is sufficiently independent from the management system which currently has or has had any responsibility for any aspect relating to a component covered by the independent verification system. or examination of the probe, to ensure that it will be objective in performing its functions within the system. 2. The competent authority shall require the operator or the owner to ensure that, with regard to the independent verification system concerning an installation or probe, the following conditions are met: a) the independent verification body shall have the appropriate technical competence, including, where necessary, a sufficient number of staff having an adequate qualification and sufficient experience fulfilling the requirements laid down in point (a). 1 1; b) the tasks under the independent verification system shall be properly allocated by the independent verification body to the qualified personnel for their performance; c) the appropriate mechanisms are prepared to ensure the flow of information between the operator or the owner and the independent verification body; d) the independent verification body shall be given sufficient authority to be able to perform its functions effectively. 3. The substantial changes shall be brought to the attention of the independent verification body for further verification in accordance with the independent verification system and the results of the additional verification shall be communicated the competent authority on request. + Annex 6 Information on cooperation priorities between operators and owners and authority competence pursuant to art. 18 18 para. ((7) The issues to be taken into account for setting development priorities for standards and guidelines have practical effects on preventing major accidents and limiting their consequences. These include: a) improving the integrity of the probe, equipment and barriers for probe control and monitoring their effectiveness; b) improving the main isolation; c) improving secondary isolation to prevent the expansion of a major early accident, including the explosions of probes; d) existence of reliable decision-making; e) the management and supervision of operations which are exposed to major hazards; f) the competence of the holders of key posts; g) effective risk management; h) assessment of the reliability of critical safety and environmental systems; i) the main performance indicators; j) effective integration of safety and environmental management systems between operators and owners and other entities involved in offshore oil operations. + Annex 7 Information to be included in the plans external intervention in case of emergency pursuant to art. 28 External emergency response plans prepared pursuant to art. 28 include the following elements, but not limited to them: a) the names and functions of persons authorized to initiate emergency procedures, as well as of persons authorized to conduct external intervention in case of emergency; b) systems for the reception of early warning alerts and alerts and emergency response procedures associated with them; c) the systems for coordinating the necessary resources for the implementation of the external emergency response plan; d) systems aimed at providing assistance for internal intervention in the event of an emergency; e) a detailed description of the external emergency response systems; f) the modalities of providing adequate information and recommendations on a major accident to the persons and organisations that may be affected by it; g) ways to provide information to emergency services in other Member States or to the European Commission in the event of a major accident with possible cross-border consequences; h) modalities for mitigating the negative effects on wild flora and fauna, both onshore and offshore, including situations in which oil-contaminated animals reach shore before actual leakage; i) the role and financial obligation of the holders of the oil agreement and of the operators under the external emergency response plans. + Annex 8 Information to be included in the preparation external intervention plans in emergency case pursuant to art. 28 1. The Authority or the authorities responsible for coordinating the emergency response shall provide the following: a) an inventory of available equipment, its owners, its location, means of transport and their distribution at the site of the major accident; b) a description of the measures put in place to ensure that equipment and procedures are kept in operation; c) an inventory of equipment owned by the industry that can be made available in an emergency; d) a description of the general system of intervention in the event of major accidents, including the powers and responsibilities of all involved parties and bodies responsible for the maintenance of such systems; e) measures to ensure that equipment, personnel and procedures are available and updated and a sufficient number of staff members are available at any time; f) evidence of previous environmental and health assessments of any chemical intended to be used as a dispersal agent. 2. External emergency response plans clearly explain the role of the authorities, emergency services, coordinators and other factors actively participating in the emergency response so that cooperation is to be taken into account. insured in all interventions in the event of major accidents. 3. The systems include provisions to intervene in situations in which Romania may not cope in the event of a major accident or that could exceed its borders by: a) the exchange of external emergency response plans with neighbouring Member States and the Commission; b) the preparation of cross-border inventories on intervention assets, both those owned by the industry and the public, as well as all the adaptations necessary to ensure the compatibility of the equipment and procedures between neighbouring countries and Member States; c) procedures for recourse to the European Union Civil Protection Mechanism; d) planning of cross-border external intervention exercises in case of emergency. + Annex 9 Exchange of information and transparency 1. The common data reporting format for major hazard indicators allows for the comparison of information from competent authorities and individual operators and owners. 2. Among the information to be shared by the competent authorities and operators and owners shall be: a) unintentional leakage of oil, gas or other hazardous substances, whether or not burning; b) the loss of control over the probe, a situation that requires the triggering of the probe control equipment or the failure of a well barrier, requiring its replacement or repair; c) failure of a critical safety and environmental element; d) significant loss of structural integrity or loss of protection against the effects of fire or explosion or loss of maintenance of position in the case of a mobile e) vessels on a collision course and the actual collisions of vessels with an offshore installation; f) accidents involving helicopters occurring on or near offshore installations; g) any fatal accident; h) any serious injury to 5 or more persons affected by the same accident; i) any evacuation of personnel; j) a major environmental incident. 3. Annual reports to be submitted by the competent authority pursuant to art. 24 24 contain at least the following information: a) the number, length and location of the installations; b) the number and type of inspections and investigations carried out, any measures to ensure compliance with the law or convictions; c) data relating to incidents in accordance with the common reporting system provided for in art. 22 22; d) any major changes to the offshore regulatory framework; e) the behavior of offshore oil operations in relation to the prevention of major accidents and the limitation of their consequences, in the event 4. Information referred to in point 2 consist of both factual and analytical information on oil operations and are not ambiguous. Information and data are provided so that the performance of individual operators and owners can be compared within the Romanian national framework and the performance of the industry as a whole can be compared between Member States. 5. The collected and aggregated information mentioned in item 2 allow Member States to provide a prior warning of the potential deterioration of critical safety and environmental barriers, as well as preventive measures. The information also demonstrates the overall effectiveness of the measures and controls implemented by the operators and individual owners as well as the industry as a whole, in particular to prevent major accidents and accidents. to minimise risks to the environment. 6. To meet the requirements of art. 23 23 a simplified format shall be drawn up to facilitate the publication of the relevant data pursuant to point 2 2 and preparation of reports pursuant to art. 24, in a way that is easily accessible to the public and facilitating the cross-border comparison of data. + Annex 10 National authorities responsible for oil operations safety offshore based on art. 8 8 para. ((10) 1. Ministry of Internal Affairs, directly or through subordination/coordination structures with legal powers in this field. 2. Ministry of Economy, Trade and Relations with Business Environment, through structures under subordination/coordination with legal powers in this field. 3. Ministry of Environment, Water and Forestry, directly or through structures under subordination/coordination with legal powers in this field. 4. Ministry of Labour, Family, Social Protection and Elderly, directly or through the structures under subordination/coordination with legal powers in this field. 5. The Ministry of Transport, directly or through the structures under subordination/coordination with legal powers in this field. -----