Environmental damage: extending the Environmental Liability Directive into marine waters Consultation on amending the Environmental Liability (Scotland) Regulations 2009 in Scotland to transpose Article 38 of the Offshore Safety Directive 2013

This consultation seeks views on the proposal to amend the Environmental Liability (Scotland) Regulations 2009. This amendment is required to comply with the transposition of the EU Offshore Safety Directive 2013


1.1 Scottish Ministers are seeking comments on proposals to transpose Article 38 of Directive 2013/30/ EU [1] on the safety of offshore oil and gas operations ( OSD). Article 38 has extended the scope of the Environmental Liability Directive (2004/35/ EC) [2] into the marine environment in relation to marine waters. The Scottish Government has produced draft Environmental Liability (Scotland) Amendment Regulations 2015 that will transpose Article 38 in Scottish territorial waters.

1.2 Defra and the Welsh Assembly Government undertook separate consultation exercises in July 2014 on corresponding legislation in relation to marine waters off England and Wales. This can be found at https://consult.defra.gov.uk/better-regulations/amending-the-environmental-damage-regulations-2009/supporting_documents/environmentaldamageconsultdoc.pdf

1.3 This consultation also forms part of the wider transposition of the OSD, the principal responsibility for which rests with UK Department of Energy and Climate Change ( DECC) and the Health and Safety Executive ( HSE). A related consultation exercise has been run by them to transpose the other parts of the OSD by the deadline of 19 July 2015. This can be found at https://www.gov.uk/government/publications?publication_filter_option=consultations

1.4 The OSD aims to reduce the potential for major accidents relating to offshore oil and gas activities and limit their impacts on the environment and coastal economies and further improve safety standards for offshore workers. It will apply to existing and future offshore installations/operations in waters under Member States' jurisdiction.

1.5 Please return comments to:

By e-mail: Marine.Environment@scotland.gsi.gov.uk

By post to: Rhona Cairns

Environmental Liability Directive Consultation
Marine Scotland
Area 1A,
Victoria Quay

1.6 In line with Scottish Government policy we will publish a summary of the responses we receive to this consultation.

1.7 This consultation will run for 8 weeks from 17 th February to 13 th April 2015.


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