Overview

The decommissioning of offshore oil and gas installations and pipelines on the United Kingdom Continental Shelf (UKCS) is controlled through the Petroleum Act 1998.

The responsibility for ensuring that the requirements of the Petroleum Act 1998 are complied with rests with the Offshore Petroleum Regulator for Environment and Decommissioning (OPRED) which sits within the Department for Business, Energy and Industrial Strategy.

Owners of oil and gas installations and pipelines are required to decommission their offshore infrastructure at the end of a field’s economic life and the 1998 Act requires owners to set out the measures to decommission disused installations and/or pipelines in a decommissioning programme.

A decommissioning programme must identify all the items of equipment, infrastructure and materials that have been installed or drilled and describe the decommissioning solution for each.

OPRED aims to be transparent in its consideration of decommissioning programmes. As a result members of the public, other organisations, non-governmental organisations and other government departments or agencies are invited to comment on the proposals set out in a programme.

Details of the current programmes under consideration are noted in the table below.

OPRED provides guidance on the regulatory requirements for decommissioning,
Offshore Oil and Gas Decommissioning Guidance Notes May 2018
(PDF, 1.09MB, 124 pages)

. Final guidance on the Environmental Considerations for Decommissioning (section 12) will follow shortly, meantime draft guidance can be found here:
Section 12
(MS Word Document, 142KB)

.

Table of draft decommissioning programmes under consideration

Field Name	Field Operator	Status	Main points of the programme	Details
Viking VDP2 (Viking Bravo Hub, Viking Satellites KD, LD, AR and Vixen VM)	ConocoPhillips (U.K.) Limited	Draft programmes under consideration	Removal to shore of the Viking Bravo Hub and Viking Satellites KD, LD and AR topsides and jackets and Victor JM subsea manifold for recycling/disposal. Wells to be plugged and abandoned. Pipelines to be decommissioned in situ. All mattresses on pipelines to remain in situ.	VDP2 Decommissioning Programmes (PDF, 3.29MB, 80 pages) VDP2 Comparative Assessment (PDF, 3.09MB, 167 pages) VDP2 Environmental Statement (PDF, 13.5MB, 420 pages)
Viking VDP3 (Victor JD and JM)	ConocoPhillips (U.K.) Limited	Draft programmes under consideration	Removal to shore of the Victor JD topsides and jackets and Victor JM subsea manifold for recycling/disposal. Wells to be plugged and abandoned. Pipelines to be decommissioned in situ. All mattresses on pipelines to remain in situ.	VDP3 Decommissioning Programmes (PDF, 1.78MB, 49 pages) VDP3 Comparative Assessment (PDF, 3.09MB, 167 pages) VDP3 Environmental Statement (PDF, 13.5MB, 420 pages)
Dunlin Alpha Field	Fairfield Betula Limited	Draft programme under consideration	Decommissioning in situ of Dunlin Alpha concrete gravity based structure and storage cells. Full removal of Dunlin Alpha topsides for reuse or recycling.	Dunlin Alpha Decommissioning Programme (PDF, 6.5MB, 77 pages) Dunlin Alpha Decommissioning Comparative Assessment Report (PDF, 3.66MB, 133 pages) Dunlin Alpha Decommissioning Environmental Appraisal (PDF, 5.04MB, 155 pages)
Beatrice Field	Repsol Sinopec Resources UK Limited	Draft programmes under consideration	Topsides, jackets and the drilling template will be removed and recycled or disposed onshore. Wells will be plugged and abandoned. Trenched and buried pipelines will remain in situ. Any exposed sections will undergo trenching and burial, rock covering or be cut out and removed to shore. A small section of drill cuttings will be left in situ. Concrete mattresses and grout bags will be recovered to shore for reuse, recycling or disposal.	Beatrice Decommissioning Programme (PDF, 5.13MB, 81 pages) Beatrice Comparative Assessment Report (PDF, 3.3MB, 98 pages) Beatrice Environmental Assessment Report (PDF, 15.9MB, 255 pages)
Tyne South Installations	Perenco UK Limited	Draft programmes under consideration	Removal to shore of the Tyne South topsides, jacket and subsea installation for re-use or recycling.	Tyne South Installations Decommissioning Programme (PDF, 1.86MB, 40 pages) Tyne South Installations Environmental Impact Assessment (PDF, 8.75MB, 223 pages)
Guinevere Installation	Perenco UK Limited	Draft programmes under consideration	Removal to shore of the Guinevere topsides and jacket for re-use or recycling.	Guinevere Installation Decommissioning Programme (PDF, 1.68MB, 41 pages) Guinevere Installation Environmental Impact Assessment (PDF, 5.95MB, 149 pages)
Curlew and Curlew C Fields	Shell (U.K.) Limited	Draft programmes under consideration	Removal to shore of the Curlew FPSO, mid-water arch and mooring system for recycling/disposal. Removal to shore of subsea manifold, Curlew C WHPS and subsea pipeline structures for recycling/disposal. Subsea wells to be plugged and abandoned. All trenched and buried pipelines will be decommissioned in-situ with pipeline and umbilical ends cut or lowered and covered. All jumpers, spools and concrete mattresses will be recovered to shore for recycling/disposal.	Curlew and Curlew C Decommissioning Programmes (PDF, 2.49MB, 61 pages) Curlew and Curlew C Comparative Assessment (PDF, 3.08MB, 85 pages) Curlew and Curlew C Environmental Statement (PDF, 7.77MB, 196 pages)
Windermere Field	INEOS UK SNS Limited	Draft programmes under consideration	Topsides and jacket will be removed and recycled or disposed onshore. The pipelines will be partially removed, the exposed sections adjacent to the platforms will be removed and recycled or disposed onshore. The exposed ends will be lowered to achieve adequate depth of coverage. The existing buried sections of umbilical will be left in situ. All concrete mattresses and grout bags will be recovered to shore for reuse, recycling or disposal.	Windermere Decommissioning Programme (PDF, 2.39MB, 38 pages) Windermere Comparative Assessment (PDF, 1.49MB, 34 pages) Windermere Environmental Statement (PDF, 10.2MB, 235 pages)
Bains Field	Spirit Energy Production UK Ltd	Draft programmes under consideration	All Subsea Installations will be removed. Both pipelines will be left in situ except for short exposed sections.	Bains Decommissioning Programmes (PDF, 1.94MB, 30 pages) Bains Comparative Assessment (PDF, 1.68MB, 40 pages) Bains Environmental Appraisal (PDF, 3.61MB, 61 pages)
Jacky Field	Ithaca Energy (UK) Limited	Draft programmes under consideration	Platform & Midline Tee Structure will be removed and transported to shore for re-use or recycling. Subsea wells will be plugged and abandoned using a drilling rig. Pipelines are trenched and buried and will remain in situ.	Jacky Decommissioning Programmes (PDF, 1.86MB, 50 pages) Jacky Comparative Assessment (PDF, 1.32MB, 31 pages) Jacky Environmental Impact Assessment (PDF, 8.83MB, 135 pages)
East Brae and Braemar	Marathon Oil UK LLC	Draft programmes under consideration	Removal of East Brae topsides and removal of jackets to the top of the footings. Removal of Braemar subsea installations. Pipelines to be decommissioned by partial removal and leave in situ.	East Brae And Braemar Decommissioning Programmes (PDF, 10.3MB, 74 pages) East Brae and Braemar Environmental Statement – Main Report (PDF, 14.5MB, 78 pages) East Brae and Braemar Environmental Statement – Technical Appendices (PDF, 12.8MB, 96 pages) East Brae Sub-structures Comparative Assessment (PDF, 5.96MB, 39 pages) Brae Area Subsea Assets Comparative Assessment (PDF, 6.84MB, 43 pages)
Brae Alpha, Brae Bravo, Central Brae, West Brae and Sedgwick	Marathon Oil UK LLC	Draft programmes under consideration	Removal of Brae Alpha and Brae Bravo jackets to the top of the footings. Removal of Central Brae, West Brae and Sedgwick subsea installations. Pipelines to be decommissioned in a variety of ways including removal, trenching and leave in situ.	Brae Alpha, Brae Bravo, Central Brae, West Brae and Sedgwick Decommissioning Programmes (PDF, 15.3MB, 120 pages) Brae A etc, Environmental Statement – Main Report (PDF, 14.6MB, 80 pages) Brae A etc. Environmental Statement – Technical Appendices (PDF, 13.3MB, 96 pages) Brae A Sub-structure Comparative Assessment (PDF, 5.27MB, 34 pages) Brae B Sub-structure Comparative Assessment (PDF, 5.44MB, 34 pages) Brae Area Subsea Assets Comparative Assessment (PDF, 6.84MB, 43 pages)
Ninian North Platform	CNR	Draft programme under consideration	Topsides will be removed and recovered to shore. Partial removal of the Jacket to between 77.5 and 88.5m below LAT. Decommissioning in situ of jacket footings.	Ninian North Platform Decommissioning Programme (PDF, 1.8MB, 61 pages) Ninian North Platform Environmental Statement (PDF, 7.82MB, 229 pages) Ninian North Platform Comparative Assessment (PDF, 2.75MB, 92 pages)
Brent	Shell U.K. Limited	Draft programmes under consideration	Removal of upper part of Brent Alpha steel jacket to 84.5m below sea level. Decommissioning in situ of Brent Alpha jacket footings. Decommissioning in situ of Brent Bravo, Charlie and Delta concrete gravity based structures. Pipelines several decommissioning options.	Brent Decommissioning Programme (PDF, 12MB, 322 pages) Brent ES (PDF, 12.5MB, 475 pages) Brent EIA (PDF, 5.05MB, 429 pages) Brent ES Appendix (PDF, 2.52MB, 45 pages) A suite of detailed Technical Documents which support the Decommissioning Programmes documents are available on the Shell Website
Atlantic and Cromarty	BG Global Energy Limited and Hess Limited	Draft programmes under consideration	Manifold and Well head Protection structures (WHPS) to be removed for recycling/disposal. Partial removal of pipelines and remaining section of buried/trenched pipelines to remain in situ.	Atlantic & Cromarty Decommissioning Programmes (PDF, 1.76MB, 50 pages) Atlantic & Cromarty Stakeholder Report (PDF, 1.11MB, 32 pages) Atlantic & Cromarty Environmental Impact Assessment (PDF, 4.5MB, 109 pages) Atlantic & Cromarty Comparative Assessment (PDF, 2.06MB, 110 pages)

Table of approved decommissioning programmes

Field Name	Operator at approval	Operator following licence / company change	Main installations decommissioned	Approved option	Year of approval
Brae Bravo Topsides, Flare Bridge, Flare Tower and Flare Jacket and Substructure (PDF, 4.9MB, 52 pages)	Marathon Oil UK LLC	–	Brae Bravo Topsides, Flare Bridge, Flare Tower and Flare Jacket/Substructure	Removal to shore for either re-use or recycling	August 2018
Brent Alpha, Bravo and Charlie Topsides (PDF, 3.34MB, 81 pages)	Shell U.K. Limited	–	Brent Alpha, Brent Bravo and Brent Charlie Topsides	Removal to shore for recycling/disposal	August 2018
Stirling A33 WHPS Decommissioning Programme (PDF, 1.13MB, 27 pages)	Premier Oil E&P UK Limited	–	Subsea installation	Removal to shore for recycling	May 2018
Ann and Alison (PDF, 2.98MB, 60 pages)	Spirit Energy North Sea Limited	–	Subsea installations	Removal to shore for either re-use or recycling	April 2018
			Pipelines	Buried and stable pipelines left in situ. Surface laid pipelines removed to shore for re-use or recycling	April 2018
Saturn (Annabel) (PDF, 2.49MB, 47 pages)	Spirit Energy North Sea Limited	–	Subsea installations	Removal to shore for either re-use or recycling	April 2018
			Pipelines	Buried and stable pipelines left in situ. Surface laid pipelines removed to shore for re-use or recycling	April 2018
Audrey (PDF, 2.87MB, 58 pages)	Spirit Energy North Sea Limited	–	2 fixed platforms	Removal of topsides and jackets to shore for recycling or disposal	April 2018
			Pipelines	Buried and stable pipelines decommissioned in situ. Surface laid pipelines removed to shore for re-use or recycling	April 2018
Rev Decommissioning Programme (PDF, 12MB, 42 pages)	Repsol Norge AS	–	Pipelines	Fully buried and stable pipeline to be left in situ. All other pipelines to be removed. All mattresses on pipelines to be removed	April 2018
Markham ST-1 (PDF, 2.39MB, 49 pages)	Centrica Production Nederland B.V.	–	Fixed Platform	Removal to shore for either re-use or recycling	February 2018
			Pipelines	Two pipelines to be decommissioned in situ	February 2018
Osprey (PDF, 3.92MB, 68 pages)	Fairfield Fagus Limited	–	Subsea Installation	Removed and recovered to shore for recycling/disposal	December 2017
			Pipelines	Full removal with the exception of the Bundles, Umbilical Risers within the Dunlin Alpha Concrete Gravity Based Structure or those trenched and rock dumped	December 2017
Merlin (PDF, 2.97MB, 56 pages)	Fairfield Fagus Limited	–	Subsea Installation	Removed and recovered to shore for recycling/disposal	December 2017
			Pipelines	Full removal with the exception of trenched and rock dumped Pipelines and Umbilicals and Umbilical Riser within the Dunlin Alpha Concrete Gravity Based Structure	December 2017
Dunlin Fuel Gas Import (DFGI) and Dunlin Power Import (DPI) (PDF, 3.48MB, 54 pages)	Fairfield Fagus Limited	–	Subsea Installation	Removed and recovered to shore for recycling/disposal	December 2017
			Pipelines	Full removal with the exception of trenched and buried Pipelines and Rigid Riser and Riser Cable within the Dunlin Alpha Concrete Gravity Based Structure	December 2017
Viking Satellites CD, DD, ED, GD, HD Pipelines (PDF, 6.77MB, 32 pages)	ConocoPhillips (U.K.) Limited	–	Pipelines	All pipelines and associated mattresses to remain in situ	November 2017
LOGGS Satellites Vulcan UR, Viscount VO, Vampire OD – LDP1 (PDF, 17.5MB, 61 pages)	ConocoPhillips (U.K.) Limited	–	3 x fixed platforms – Vulcan UR, Viscount VO and Vampire OD	Removal to shore of topsides and jackets for recycling/disposal	November 2017
			Pipelines	All pipelines and associated mattresses to remain in situ	November 2017
Leman BH Decommissioning Programme (PDF, 4.66MB, 46 pages)	Shell U.K. Limited	–	1 x platform	Removal to shore for either re-use or recycling	April 2017
Ettrick and Blackbird (PDF, 2.1MB, 62 pages)	Nexen Petroleum UK Limited	–	FPSO	Removal for re-use at different location	March 2017
			Subsea Equipment	Removal to shore for either re-use or recycling	March 2017
			Pipelines	Removal to shore for either re-use or recycling; buried pipelines to be left in-situ	March 2017
Ann A4 Decommissioning Programme (PDF, 1.37MB, 29 pages)	Centrica North Sea Limited	–	A4 Wellhead Protection Structure	Removal to shore for either re-use or recycling	February 2017
Janice James & Affleck (PDF, 3.8MB, 115 pages)	Maersk Oil UK Limited	–	FPSO	Removal for recycling	September 2016
			Subsea Equipment	Removal to shore for either re-use or recycling	September 2016
			Pipelines	Removal to shore for either re-use or recycling; buried pipelines to be left in-situ	September 2016
Athena Decommissioning Programmes (PDF, 3.88MB, 70 pages)	Ithaca Energy (UK) Limited	–	FPSO	Removal for re-use at different location	September 2016
			Subsea Equipment	Removal to shore for either re-use or recycling	September 2016
			Pipelines	All 32 pipeline to be removed and returned to shore for re-use or recycling	September 2016
Viking Platforms (PDF, 3.53MB, 40 pages)	ConocoPhillips (U.K.) Limited	–	5 x fixed platforms Viking CD, DD, ED, GD, HD	Removal to shore of topsides and jackets for recycling/disposal	September 2016
Leadon (PDF, 1.71MB, 53 pages)	Maersk Oil North Sea UK Limited	–	FPSO	Removal for re-use at different location	March 2016
			Subsea	Removal of 2 x bundle towheads and mid-line structure to shore for disposal; removal of 2 x drill centres to shore for disposal	March 2016
			Pipelines	2 x Pipeline bundles to be left in-situ, partial removal of gas import pipeline	March 2016
Harding STL (PDF, 2.61MB, 73 pages) Harding STL Close-Out Report (PDF, 1.62MB, 26 pages)	TAQA Bratani Limited	–	Harding Submerged Turret Loading (STL) System	Harding Submerged Turret Loading (STL) System to be replaced by new Offshore Loading System. STL to be removed to shore for recycling/disposal and shuttle tanker mooring and loading buoy interfaces returned to owner	2015
Thames Area – Horne & Wren (PDF, 1.57MB, 48 pages)	Tullow Oil SK Limited	–	1x fixed platform	Removal of topsides and jackets to shore for recycling/disposal	November 2015
			Pipelines	To remain buried in situ	November 2015
Thames Area – Orwell (PDF, 828KB, 42 pages)	Tullow Oil SK Limited	–	Subsea Installations	Removal to shore for recycling/disposal	November 2015
			Pipelines	To remain buried in situ	November 2015
Thames Area – Wissey (PDF, 1.26MB, 43 pages)	Tullow Oil SK Limited	–	Subsea Installations	Removal to shore for recycling/disposal	November 2015
			Pipelines	To remain buried in situ	November 2015
Thames Area – Thames Complex (PDF, 15.9MB, 76 pages)	Perenco UK Limited	–	3x fixed platforms	Removal of topsides and jackets to shore for recycling/disposal	October 2015
			Subsea Installations	Removal to shore for recycling/disposal	October 2015
			Pipelines	To remain buried in situ	October 2015
Thames Area – Gawain (PDF, 3.8MB, 47 pages)	Perenco UK Limited	–	Subsea Installations	Removal to shore for recycling/disposal	October 2015
			Pipelines	To remain buried in situ	October 2015
Thames Area – Arthur (PDF, 4.41MB, 46 pages)	Perenco UK Limited	–	Subsea Installations	Removal to shore for recycling/disposal	October 2015
			Pipelines	To remain buried in situ	October 2015
Brent – Brent Delta Topside (PDF, 3.55MB, 72 pages)	Shell U.K. Limited	–	Brent Delta Topside	Removal of topside to shore for recycling and disposal	July 2015
Rose Decommissioning Programmes (PDF, 2.87MB, 42 pages) Rose Close Out Report (PDF, 3.31MB, 36 pages)	Centrica Resources Limited	–	Subsea Installations	Removal to shore for recycling/disposal	May 2015 Close Out Report Approved October 2018
			Pipelines	Removal of sections of un-trenched pipelines; trenched pipelines decommissioned in situ	May 2015 Close Out Report Approved October 2018
Stamford (PDF, 2.71MB, 39 pages)	Centrica North Sea Gas Limited	–	Subsea Installations	Removal to shore for recycling/disposal	April 2015
			Pipelines	Removal of sections of un-trenched pipelines; trenched pipelines decommissioned in situ	April 2015
Murchison (PDF, 2.37MB, 70 pages)	CNR	–	Large Steel Platform	Topsides and jacket to top of footings to be removed to shore for recycling/disposal. Footings to remain in situ	August 2014
			Pipelines	Export pipeline decommissioned in situ with remedial rock placement. Infield Flowlines to be removed for recycling/disposal.	August 2014
Rubie & Renee (PDF, 2.47MB, 50 pages)	Endeavour Energy UK Limited	–	Subsea Installations	Removal to shore for recycling/disposal	April 2014
			Pipelines	Selective Recovery	April 2014
Miller (PDF, 6.57MB, 198 pages)	BP Exploration (Alpha) Limited		Large Steel Platform	Footings to remain in place, steel topsides and jacket to top of footings to be removed to shore	December 2013
Schiehallion & Loyal Phase One (PDF, 1.84MB, 60 pages)	Britoil Limited	–	Schiehallion FPSO	Removal for potential re-use	2013
			Pipelines	Recovery where possible. Production flowlines to be left in situ.	2013
IVRR – decommissoning programme (PDF, 1.57MB, 102 pages) IVRR Close Out Report (PDF, 4.74MB, 35 pages)	Hess limited	–	FPSO	Removal for re-use at different location	2013
			Subsea installations	Removal to shore for recycling/disposal	2013
			Pipelines	Selective recovery	2013
Camelot (PDF, 488KB, 39 pages) Camelot Close out report (PDF, 2.27MB, 41 pages)	Energy Resource Technology (UK) Limited	–	Small Steel Platform	Removal to shore for recycling / disposal	2012
			Pipelines	Pipelines decommissioned in situ	2012
Fife, Flora, Fergus, Angus: decommissioning programme (PDF, 8.36MB, 135 pages) FFFA Close Out Report (PDF, 1.49MB, 33 pages)	Hess Limited	–	FPSO	Removed for re-use at different location	2012
			Subsea installations	Removal to shore for recycling / disposal	2012
			Pipelines	Full removal of un-trenched pipelines; trenched pipelines decommissioned in situ	2012
Don	Britoil Public Limited Company	–	Subsea installation	Removal to shore for recycling / disposal	2011
			Pipelines	Decommissioned in situ with selective recovery	2011
Welland	Perenco UK Limited	Perenco UK Limited	Small Steel Platform	Removal for re-use outside of UK waters	2010
			Pipelines	Decommissioned in situ with selective recovery	2010
Tristan NW Close out report	Silverstone Energy Limited	Bridge Energy UK Limited	Subsea installation	Removal to shore for recycling	2010; close-out report received January 2011
			Pipelines	Production pipeline with piggy-backed umbilical – leave in situ; jumpers, spool pieces and associated pipeline equipment – remove to shore for re-use or recycling	2010; close-out report received January 2011
Shelley Close out report	Premier Oil	–	Sevan Voyageur FPSO	Tow away for future use at another location	2010; close-out report received February 2012
			Manifold and Wellhead	Remove to shore for re-use, recycling or disposal	2010; close-out report received February 2012
			Pipelines	Production pipeline – leave in situ; umbilical – remove in sections	2010; close-out report received February 2012
Kittiwake SAL Export System Close out report	Venture North Sea Oil Limited	–	Kittiwake SAL Assembly	SAL Assembly – removal to shore for re-use. Revision to approved decommissioning programme: Completion of the removal of the SAL Assembly extended to 31 July 2012	2009; close-out report received July 2012
			Pipelines	Pipeline – flexible flowline removed to shore for re-use	2009; close-out report received July 2012
MCP-01 Close out report	Total E& P UK Limited	–	Manifold & Compression Platform	Permit granted for the disposal in-situ of the concrete substructure; topsides to be removed to shore for re-use, recycling or disposal	2008; close-out report received March 2013
Kittiwake Loading Buoy	Venture North Sea Oil Limited	–	Exposed Location Single Buoy Mooring System (ELSBM)	Removals to shore for recycling or disposal	2008
Linnhe (PDF, 2.25MB, 66 pages) </p> Linnhe Close Out Report (PDF, 1000KB, 22 pages)	Mobil North Sea LLC	–	Wellhead Protection Structure	Removal to shore. Revision to approved decommissioning programme: completion of the removal of the Wellhead Protection Structure extended to 30 June 2010	2008; year of revised approval: 2010
			Pipelines	Decommissioned in situ; pipeline sections outside trenches removed to shore. Revision to approved decommissioning programme: completion of the abandonment of the pipelines extended to 30 June 2010	2008; year of revised approval: 2010
Indefatigable (Shell) (PDF, 11.6MB, 224 pages) </p> Close Out Report (PDF, 2.47MB, 64 pages)	Shell U.K. Limited	–	6 x fixed steel platforms	Removal to shore	2007
			Pipelines	2 x hose bundles removal to shore; 5 x infield + export decommissioned in situ	2007
NW Hutton: decommissioning programme (PDF, 14.9MB, 320 pages) Close Out Report (PDF, 2.52MB, 32 pages)	Amoco (U.K.) Exploration Company – now a subsidiary of BP plc	–	Large Steel Platform	Footings to remain in place, steel topsides and jacket to top of footings to be removed to shore	2006
			Pipelines	Decommissioned in situ	2006
Ardmore	British American Offshore Limited	–	Mobile Jack-Up Rig	Re-use	2005
Ardmore	Ugland Nordic Shipping AS	–	Single Anchor Loading Systems	Re-use/removal to shore	2005
			Pipelines	Re-use	2005
Ardmore	Acorn Oil & Gas Limited	–	Subsea equipment including guide frame	Removal to shore	2005
Brent	Shell	–	Brent Flare	Removals to shore for recycling and disposal	2004
Beatrice	Talisman Energy (UK) Limited	–	Fixed Steel Platforms	Re-use	2004
Forbes and Gordon Infield Pipelines	BHP Billiton	–	Infield Pipelines	Decommission in situ – retrench any area of pipeline with less than 0.4m depth of cover	2003; close-out report received May 2005
Frigg TP1, QP & CDP1 Close out report	Total E&P Norge AS	–	Treatment Platform 1 (TP1), Quarters Platform (QP) and Concrete Drilling Platform 1 (CDP1)	Concrete substructures to remain in place; concrete topsides to be removed to shore; steel installations to be removed to shore; infield pipelines to be removed to shore	2003
Durward and Dauntless	Amerada Hess	–	Pipelines	Decommissioned in situ	2002
Hutton	Kerr-McGee	–	Tension Leg Platform	Re-use	2002; close-out report received July 2004
			Pipelines	1 x removal to shore; 1 x decommissioned in situ (with future monitoring programme)	2002; close-out report received July 2004
Camelot CB	ExxonMobil	–	Fixed Steel Platform	Re-use or removal to shore for recycling. Revision to approved decommissioning option: removal to shore for dismantling and recycling	2001. Year of revised approval: 2002
Blenheim and Bladon	Talisman	–	FPSO	Re-use	2000
			Pipelines	Removal to shore	2000
Durward and Dauntless	Amerada Hess	–	FPSO	Re-use	2000
			Subsea Facilities	Removal to shore	2000
Maureen and Moira	Phillips	–	Large Steel Gravity Platform	Removal to shore for re-use or recycling	2000
			Concrete Loading Column	Removal to shore for re-use or recycling	2000
			Pipelines	2 x removal to shore;1 x decommissioned in situ	2000
Brent Spar	Shell	–	Oil Storage and Loading Facility	Re-use as part of quay extension. Revision to approved decommissioning option: Brent Spar Anchor Blocks – removal to shore for reuse, recycling or disposal 1998	Year of revised approval: 2004
Donan	BP	–	FPSO	Re-use	1998
Fulmar SALM	Shell	–	Single Anchor Leg Mooring Buoy	Removal to shore	1998
			16” Pipeline	Decommissioned in situ	1998
Emerald	MSR	–	FPSO	Re-use	1996
			Pipeline	Decommissioned in situ	1996
Frigg FP	Elf Norge	TotalFinaElf Norge	Flare Column	Removal to shore	1996
Leman BK	Shell	–	Fixed Steel Platform	Removal to shore	1996
Staffa	Lasmo	–	Pipelines	Removal to shore	1996
Viking AC, AD, AP & FD	Conoco	–	4 x Fixed Steel Platform	Removal to shore	1996
Esmond CP & CW	BHP	–	2 x Fixed Steel Platform	Removal to shore	1995
Gordon BW	BHP	–	Fixed Steel Platform	Removal to shore	1995
Angus	Amerada Hess	–	Floating Production, Storage and Offloading (FPSO) Vessel	Re-use	1993
Forbes AW	Hamilton	BHP	Fixed Steel Platform	Removal to shore	1993
Argyll, Duncan and Innes	Hamilton	BHP	Floating Production, Facility (FPF)	Removal to shore	1992
			Catenary Anchor Leg Mooring (CALM) Buoy	Removal to shore	1992
			Pipelines	Removal to shore	1992
Blair	Sun Oil	AGIP	Pipelines	1 x Re-use; 1 x Decommissioned in situ	1992
Crawford	Hamilton Oil	BHP	Floating Production, Facility (FPF)	Removal to shore	1991
			Catenary Anchor Leg Mooring (CALM) Buoy	Removal to shore	1991
			Subsea Facilities	Removal to shore	1991
Piper Alpha	Occidental	Talisman	Fixed Steel Platform	Toppling	1988

Notification of disused pipelines

(the DPN form has been amended – July 2017)

During the course of a field’s life, pipelines/sections of pipelines may be taken out of use, e.g. due to corrosion, problems with reservoir pressure, damage to the pipeline, etc. When this happens, under the Petroleum Act 1998 the Secretary of State has the option of immediately calling for a full decommissioning programme. This is not always considered an appropriate option however, and so it has been agreed consideration will be given to handling suitable pipelines, under an informal decommissioning regime, thereby deferring a formal programme until the end of the field’s life.

If a formal decommissioning programme is not immediately deemed suitable, details of the out of use pipeline(s) will be circulated to other government departments for comment. Following this, OPRED will decide one of the following:

• we are content with the proposals for monitoring and maintaining the out-of-use pipeline
• we request additional information or further remedial action
• we request a formal decommissioning programme

The Interim Pipeline Regime is intended to ensure out of use lines do not pose a risk to other users of the sea or the environment and that they are covered by an appropriate surveying and maintenance regime from the point when they are taken out of use until approval of the formal decommissioning programme, which is usually at the end of field life. It should be noted that any interim solution should not prejudice the final decommissioning options for that line, including complete removal. The department expects Operators to submit details of out of use pipelines/sections of a pipeline as soon as they are taken out of use.

Operators are reminded that any works that are proposed on any pipelines under the Pipeline Works Authorisation regime, as per their Terms and Conditions of the PWA, must have a Legal Consent in place before works can commence which includes but is not exclusive to any proposed decommissioning works. Consents are issued by the Oil & Gas Authority and Operators are requested to contact Claire Grant on any queries that they may have relating to Legal Consents. Further Guidance can also be found on the Oil & Gas Authority website: https://www.ogauthority.co.uk/licensing-consents/consents/pipeline-works-authorisations/

Once the necessary legal consent has been issued by OGA, Consents & Authorisations Section, Operators are to email a completed
Disused pipeline notification form
(MS Word Document, 81.7KB)

to The Offshore Decommissioning Unit, OPRED,BEIS.

If you are an Operator, aware of any out of use pipelines that have not been referred to the department, please submit a completed DPN form at your earliest convenience.

Following confirmation a pipeline has been accepted under the Interim Pipeline Regime, the Offshore Decommissioning Unit will continue to monitor the condition of the pipeline by asking the Operator to confirm the status of the pipeline remains unchanged following future surveys.

Further information

A list of all installations on the UKCS and their current status is available from the OSPAR Website

At the first ministerial meeting of the Commission for the Protection of the Marine Environment of the North East Atlantic (OSPAR) in 1998, a binding decision was agreed that set rules for the disposal of offshore installations at sea. Under the decision the dumping and leaving wholly or partly in place of offshore installations is prohibited. Decision 98/3 recognises it may be difficult to remove the ‘footings’ of large steel jackets weighing more than 10,000 and concrete installations. As a result there are derogations for these categories of installations if the internationally agreed assessment and consultation process shows leaving them in place is justifiable.

OPRED has utilised streamlined decommissioning programme templates for derogation and non-derogation cases, Operators will therefore have a choice whether to submit a decommissioning programme in the existing format (see Annex C of the Guidance Notes ‘Format and Content’) or adopt the streamlined decommissioning programme template. Operators should discuss individual cases with OPRED.

A
Streamlined Decommissioning Programme Template (Non-Derogation Cases)
(PDF, 1.36MB, 33 pages)

is available – (December 2015).

A
Streamlined Decommissioning Programme Template (Derogation Cases)
(PDF, 1.5MB, 36 pages)

is also available (December 2015).

A word version of these templates can also be requested from OPRED. Please email The Offshore Decommissioning Unit for further details.

Cost recovery

OPRED will charge a fee in respect of offshore (oil and gas) installations and pipelines decommissioning programmes under the Petroleum Act 1998. Guidance, including the indicative fee structure, is available in
Guidance on charging a fee for offshore (oil and gas) installations and pipelines under the Petroleum Act 1998
(PDF, 308KB, 9 pages)

Overview

The EU ETS is the largest multi-country, multi-sector greenhouse gas emissions trading system in the world.

It includes more than 11,000 power stations and industrial plants across the EU with around 1,000 of these in the UK. These include power stations, oil refineries, offshore platforms and industries that produce iron and steel, cement and lime, paper, glass, ceramics and chemicals.

Other organisations, including universities and hospitals, may also be covered by the EU ETS depending upon the combustion capacity of equipment at their sites. Aviation operators flying into or from a European airport are also covered by the EU ETS.

This guidance explains the EU’s cap and trade system, including details of the phases of delivery of the System. It provides information on the UK’s application for Phase III free allowances via its National Implementation Measures (NIMs), as well as details of compliance and verification. There are also sections on emissions regulation for the aviation industry and the UK’s Small Emitters and Hospitals Opt-out Scheme.

Cap and trade

The EU ETS works on a ‘cap and trade’ basis, so there is a ‘cap’ or limit set on the total greenhouse gas emissions allowed by all participants covered by the System and this cap is converted into tradable emission allowances.

Tradable emission allowances are allocated to participants in the market; in the EU ETS this is done via a mixture of free allocation and auctions. One allowance gives the holder the right to emit 1 tonne of CO2 (or its equivalent). Participants covered by the EU ETS must monitor and report their emissions each year and surrender enough emission allowances to cover their annual emissions.

Participants who are likely to emit more than their allocation have a choice between taking measures to reduce their emissions or buying additional allowances; either from the secondary market – eg companies who hold allowances they do not need – or from Member State held auctions. More information is available on the EU ETS: carbon markets webpage.

It does not matter where (in terms of physical location) emission reductions are made because emissions savings have the same environmental effect wherever they are made.

The rationale behind emissions trading is that it enables emission reductions to take place where the cost of the reduction is lowest, lessening the overall cost of tackling climate change.

How trading works: a simplified hypothetical example

Historically installation A and installation B both emit 210 tonnes of CO2 per year. Under the EU’s allocation process they are given 200 allowances each. At the end of the first year, emissions of 180Mt were recorded for installation A as it installed an energy efficient boiler at the beginning of the year which reduced its CO2 emissions. It is now free to sell its surplus allowances on the carbon market.

Installation B however emitted 220Mt CO2 because it needed to increase its production capacity and it was too expensive for it to invest in energy efficiency technology.

Therefore, installation B bought allowances from the market, which had been made available because installation A has been able to sell its additional allowances.

The net effect is that the investment in carbon reduction occurs in the cheapest place, and CO2 emissions are limited to the 400 allowances issued to both installations.

Delivery phases of the Emissions Trading System

To date, 3 operational phases of the EU ETS have been delivered or agreed although it is envisaged the scheme will continue beyond 2020:

Phase I (1 January 2005 to 31 December 2007)

This phase is complete. Further details around this phase can be viewed on the National Archives version of the DECC: EU ETS Phase I web page.

Phase II (1 January 2008 to 31 December 2012)

Phase II of the EU ETS coincided with the first Kyoto Commitment Period. Phase II built on the lessons from the first phase, and was broadened to cover CO2 emissions from glass, mineral wool, gypsum, flaring from offshore oil and gas production, petrochemicals, carbon black and integrated steelworks.

In Phase II, each Member State developed a National Allocation Plan (NAP), which set out the total quantity of allowances that the Member State intended to issue during that phase and how it proposed to distribute those allowances to each of its operators covered by the System. Each NAP had to be approved by the European Commission. The approved UK Phase II NAP was published on 16 March 2007.

Further details around this phase can be viewed on the National Archives version of the DECC: EU ETS Phase 2 web page.

Phase III (1 January 2013 to 31 December 2020)

The current phase of the EU ETS builds upon the previous two phases and is significantly revised to make a greater contribution to tackling climate change including: an EU-wide cap on the number of available allowances and an increase in auctioning of those allowances, as well as the UK’s scheme to lower compliance costs for small emitters and hospitals.

The EU cap will reduce the number of available allowances by 1.74% each year, delivering an overall reduction of 21% below 2005 verified emissions by 2020. The trajectory will be calculated from a departure point of the mid-point of Phase II and will describe a declining cap from 2013 onwards.

Free allocation of allowances

All sectors covered by the EU ETS, with the exception of most of the EU power sector, are provided with a free allocation of allowances in order to assist with their transition towards a low carbon economy.

In addition, industrial sectors at significant risk of competition from countries without similar carbon costs (see section on carbon leakage in the EU ETS for more information) are eligible to receive a higher proportion of allowances for free.

In 2011, Member States were required to submit to the European Commission a list of the preliminary number of free allowances to be issued to each industrial installation in Phase III, referred to as ‘National Implementation Measures’ or ‘NIMs’. The UK submitted its NIMs to the European Commission on 12 December 2011, and subsequently submitted modified NIMs in April 2012.

On 5 September 2013 the European Commission announced completion of the process to check and confirm the free allocation of EU ETS allowances in each Member States’ NIMs. It also announced that a cross sectoral correction factor was required to ensure that free allocation across the EU remains within the cap set in the ETS Directive. The factor reduced the preliminary allocation for each EU ETS installation by 5.73% in 2013, rising to 17.56% in 2020. The average reduction of allocation is therefore 11.58% over the period 2013-2020.

The first list below shows free allocation figures in Phase III for each industrial installation in the UK, as approved by the European Commission on 18 December 2013. The second list shows updated free allocation figures for Phase III, taking into account any changes to the allocation agreed in the UK’s NIMs for individual installations as of 30 April 2014, for instance due to partial cessations, significant capacity reductions or where installations have entered the EU ETS (new entrants). This list will be updated on an annual basis to take into account further changes to allocation over the course of the phase.

UK National Allocation Table: Phase III National Allocation including changes: April 2018

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UK National Allocation Table: Phase III National Allocation including changes: April 2017

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UK National Allocation Table: Phase III National Allocation including changes: April 2016

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UK National Allocation Table: Phase III National Allocation including changes: April 2015

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UK National Allocation Table: Phase III free allocation including changes to allocation: June 2014

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Phase III free allocation as approved in the UK National Implementation Measures

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Update 13 September 2018: UK participation in 2019 NIMs Exercise

A cross-EU data collection exercise (the National Implementation Measures, or NIMs) is due to run from January to September next year. UK operators of EU ETS installations will need to participate in this data collection.

The final details of this data collection will be confirmed before the end of the year. As laid out in the government’s White Paper, July 2018, continued UK membership of the EU ETS post-EU Exit is still being considered, and UK participation in the NIMs exercise is necessary to ensure UK installations are eligible for free allocations should we remain in the system. However, UK participation in this exercise is without prejudice to any final decision on the UK’s future approach to carbon pricing; the UK is considering a range of options, including continuing to participate in the EU ETS, a UK ETS (linked or standalone) or a carbon tax.

If the government considers the data collected as part of this exercise to be useful to the design and implementation of a non-EU ETS post-EU exit carbon pricing scheme, the government will also use the data collected for this purpose.

The deadline for operators to provide verified data to their regulator is expected to be on or around 31 May 2019 and should be confirmed in September. Over the coming months regulators will be communicating regularly to ensure that operators understand what will be required and enable them to make the necessary preparations.

To note the NIMs collection covers stationary installations only. Aviation operators will not need to participate.

Further technical information on the NIMs requirements for UK operators will be circulated by regulators in due course.

Carbon leakage and the EU ETS

Carbon leakage is a term used to describe the prospect of an increase in global greenhouse gas emissions when a company shifts production or investment outside the EU because – in the absence of an legally binding international climate agreement – they are unable to pass on the cost increases induced by the EU ETS to their customers without significant loss of market share.

The best way to address carbon leakage would be a legally binding international climate agreement. This would create a level playing field for industry inside and outside the EU with respect to accounting for the costs of carbon.

In the meantime, the EU ETS provides 2 mechanisms to mitigate the risk of carbon leakage. First, sectors deemed to be at significant risk of carbon leakage are eligible to receive 100% free allocation of allowances up to the sector’s benchmark. This is a significant source of relief, as sectors not deemed at risk will receive 80% of their allocation for free in 2013, declining annually to 30% in 2020 with a view to reaching 0% (ie full auctioning) in 2027.

The second mechanism allows Member States to compensate sectors at significant risk of carbon leakage as a result of indirect EU ETS costs (ie through EU ETS-related increases in electricity prices), provided that schemes are designed within the framework set by the European Commission (see section on indirect carbon leakage compensation scheme for more information).

The UK government strongly supports the principle of free allocation in the absence of an international climate agreement. We believe that the proportionate free allocation of allowances gives relief to sectors at significant risk of carbon leakage, without raising barriers to international trade. We are concerned however that those most at risk may not be compensated sufficiently in the future if current EU ETS rules are not reformed for Phase IV of the EU ETS.

The UK government recognises industry concerns around competitiveness and carbon leakage and is committed to ensuring that sectors genuinely at significant risk of carbon leakage are protected from this risk. In June 2014, we published a research project commissioned by the Department of Energy and Climate Change and undertaken by Vivid Economics and Ecofys, which investigates the occurrence of carbon leakage so far and the fundamental drivers of carbon leakage for a selection of industrial sectors and assesses the measures in place for its mitigation.

The report models the risk of carbon leakage for 24 industrial sectors, and was produced in consultation with industry stakeholders. Modelling analysis shows that in the absence of any mitigating policy measures (such as free allocation of allowances), no allowance for carbon abatement potential, and no increase in carbon regulation outside of the European Union, a number of sectors are at risk of leakage. Given these assumptions, the modelling analysis shows higher rates of carbon leakage than would be expected to occur in reality. The views expressed in the report are those of its writers, and do not represent an official position of the UK government.

The final report, case studies and associated peer review are available:

• Carbon leakage prospects under Phase III of the EU ETS and beyond

Assessment of carbon leakage status for the free allocation of allowances

Sectors at risk of carbon leakage are assessed against a set of criteria and thresholds set out in the EU ETS Directive. The list of sectors deemed at risk of leakage for the period 2013-2014 were agreed through the EU comitology procedure in December 2009, with additions to the list made in subsequent European Commission Decisions.

The EU ETS Directive allows for a review of sectors at risk every five years, with the possibility of adding sectors to the list on annual, ad hoc basis. On 5 May 2014, the European Commission published its draft list of sectors for the period 2015-19, based on the quantitative and qualitative criteria set out in the ETS Directive. The draft carbon leakage list was presented to the EU Climate Change Committee for vote, after which it was sent to the European Parliament and the Council for 3 months scrutiny before adoption.

On 31 August 2013, the UK responded to the European Commission’s consultation on the methodology for determination of the carbon leakage list for 2015 to 2019.

UK response to the European Commission’s consultation on assumptions to be used for the 2015-19 EU ETS carbon leakage list
(PDF, 163KB, 12 pages)

Indirect carbon leakage compensation scheme

In the 2011 Autumn Statement, the Chancellor announced that the government intended to implement measures to reduce the impact of policy on the costs of electricity for the most electricity-intensive industries, beginning in 2013 and worth around £250 million over the Spending Review period.

As part of this, the government has committed to compensate the most electricity-intensive businesses to help offset the indirect cost of the Carbon Price Floor and the EU ETS, subject to state aid guidelines. In the 2014 Budget, the Chancellor announced that compensation for the indirect costs of the Carbon Price Floor and the EU ETS would be extended to 2019 to 2020.

The European Commission adopted revised State Aid guidelines on compensation for the indirect costs of the EU ETS in June 2012. These guidelines list the sectors deemed to be exposed to a significant risk of carbon leakage due to indirect emissions costs, and provide details of the maximum levels of compensation that can be made available to them. Any Member State compensation scheme must be designed within the framework set by the European Commission.

In October 2012, DECC and BIS launched the energy intensive industries compensation scheme consultation, which set out our proposals for the eligibility and design of the compensation package.

The consultation, which closed in December 2012, provided an opportunity for all those interested in the package to comment on the proposals, helping us ensure that compensation is targeted at those companies who are most at risk of carbon leakage as a result of energy and climate change policies.

Following detailed consideration of the responses and state aid clearance for the EU ETS compensation package, in May 2013 we published the government’s response to the consultation and the final compensation scheme design for the EU ETS. The UK started making payments in respect of indirect costs of the EU ETS in 2013.

For Carbon Price Floor compensation, which remains subject to state aid approval from the European Commission, we expect to publish guidance later in the summer and begin payments shortly thereafter.

Full details can be viewed at on the Energy-intensive industries: compensation for indirect costs of energy and climate change policies page.

New Entrants Reserve

The New Entrants Reserve (NER) is a set aside of EU allowances, reserved for new operators or existing operators who have significantly increased capacity. The UK’s EU ETS Regulators are responsible for administering and assessing all NER applications.

Operators starting a new entrant activity must submit an NER application to their regulator within 12 months of starting normal operation of the new or extended activity. More information on applying to the Phase III NER is available on the Environment Agency: EU ETS New Entrant Reserve (NER) webpage.

Further information on allowances can be found on the EU ETS: allowances page.

Complying with the EU ETS

The Greenhouse Gas Emissions Trading System Regulations 2012 require all operators that carry out an activity covered by the EU ETS to hold a greenhouse gas emissions permit – in effect, a licence to operate and emit greenhouse gases covered by the EU ETS. Activities covered by the EU ETS are any of the activities listed in Annex I to the EU ETS Directive.

The EU ETS Regulators are responsible for enforcing compliance with the EU ETS Regulations, including operational functions such as granting and maintaining permits and emissions plans (for aviation), monitoring and reporting (including monitoring plans), assessing verified emission reports (and tonne-kilometre reports), assessing applications to the NER, determining reductions in allocations as a result of changes in capacity or cessation of activities, exchanging of information with UKAS on verifier activities.

Regulators include: the Environment Agency, Scottish Environment Protection Agency (SEPA), Northern Ireland Environment Agency (NIEA), Natural Resources Wales, the Department for Business, Energy & Industrial Strategy (BEIS) for offshore installations.

For the purpose of calculating civil penalties, BEIS determines the value of the EU ETS carbon price used by the regulator. The determination is published in November each year:

• Determinations of the EU ETS carbon price

On 7 August 2013, we launched a consultation on a number of technical amendments to the Greenhouse Gas Emissions Trading Scheme Regulations 2012 so as to simplify and harmonize EU ETS penalties in the transition to Phase III, improve clarity and reduce the burden for businesses. The consultation closed on 19 September 2013.

For more information on how to comply with EU ETS please visit:

• EU ETS: monitoring and reporting
• EU ETS: notify your regulator about changes to your operations
• EU ETS: open an ETSWAP and Registry Account and make application
• EU ETS operators and activities affected

Monitoring, reporting, verification and accreditation

An EU ETS operator must propose a monitoring plan when applying for a greenhouse gas emissions permit (or emissions plan for aviation operators). The monitoring plan provides information on how the EU ETS operator’s emissions will be measured and reported. A monitoring plan must be developed in accordance with the European Commission’s Monitoring and Reporting Regulation and be approved by an EU ETS Regulator. The reporting year runs from 1 January to 31 December each year.

The EU ETS requires all annual emissions reports and monitoring to be verified by an independent verifier in accordance with the Accreditation and Verification Regulation. A verifier will check for inconsistencies in monitoring with the approved plan and whether the data in the emissions report is complete and reliable.

The European Commission’s Guidance on the Accreditation and Verification Regulation aims to help operators of all stationary installations, aviation operators, verification bodies and regulators perform verifications consistently throughout the EU. It provides practical information and advice on the process and requirements for annual verification required by the EU ETS Directive, the European Commission’s Monitoring and Reporting Regulation and Greenhouse Gas permits/monitoring plans/tonne-kilometre plans.

Further useful information can be found on the EU ETS: monitoring and reporting page.

Finding an accredited EU ETS verifier in the UK

The Accreditation and Verification Regulation (Commission Regulation 600/2012/EU) requires EU ETS verifiers to meet specific requirements. In the UK, these requirements are demonstrated by being accredited. The UK Accreditation Service (UKAS) is responsible for the accreditation and supervision of verifiers in the UK and for maintaining a list of those verifiers. The list of UKAS accredited verifiers for Phase III, including aviation, of the EU Emissions Trading System indicates the scope of a particular verifier’s accreditation, for example in relation to particular sectors.

The UKAS list does not include verifiers accredited by other national accreditation bodies and under Phase III rules there is no ‘registration’ or acceptance procedure for non-UK verifiers. All verifiers are required to demonstrate that they are either accredited (or certified) in accordance with the Accreditation and Verification Regulation. Operators are responsible for ensuring that their verifier is accredited for the relevant scope of work. Details of a verifier’s scope of accreditation can be found on the verifier’s accreditation certificate.

If you are an EU ETS verification body working in the UK for the first time, you will need an ETSWAP account to view your client’s reports and to submit your verification opinion statement, as well as a Registry Account.
To open a verifier ETSWAP account, send an email to EThelp@environment-agency.gov.uk. It is advisable to do this when you have a client in the UK.

Include the following information in your email:

• name of verifier organisation
• country
• accreditation identification number
• a copy of your accreditation certificate
• full name and email address of the main point of contact (this user will have the responsibility for managing other users for this verifier)

Once the ETSWAP administrator has approved your request for access, ETSWAP will send you an email with the login details for your individual user account.

To apply for a verifier Registry account, email etregistryhelp@environment-agency.gov.uk for an application pack.

Further guidance

• Climate change and energy – EU ETS: open ETSWAP and Registry accounts and make applications

Using UK greenhouse gas inventory data in EU ETS monitoring and reporting: the country-specific factor list

The European Commission’s Regulation on Monitoring and Reporting allows nationally reported data to be used as default factors in specific circumstances.

Carbon emission factors and calorific values from the UK Greenhouse Gas Inventory (AEA-Ricardo) are available for annual emissions reporting for the EU ETS:

Emission factors and calorific values for 2018

MS Excel Spreadsheet, 86.7KB

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The national factors are Tier 2 and Tier 2a emission factors and net calorific values for specific fuels used by particular industries.

The data have largely been extracted from the UK Greenhouse Gas Inventory that is presented on an annual basis to the United Nations Framework Convention on Climate Change (UNFCCC). The Greenhouse Gas Inventory is developed independently to the EU Emissions Trading System. This data means the data referred to in Article 31(1) of the Monitoring and Reporting Regulation.

The factors in these tables should only be used in accordance with the requirements in an installation’s approved monitoring plan, which is part of the Greenhouse Gas permit.

Tables for previous years are available as follows:

Emission factors and calorific values for 2017
(MS Excel Spreadsheet, 81.7KB)

Emission factors and calorific values for 2016
(MS Excel Spreadsheet, 76.6KB)

Emission factors and calorific values for 2015
(MS Excel Spreadsheet, 176KB)

Emission factors and calorific values for 2014
(MS Excel Spreadsheet, 78.6KB)

Emission factors and calorific values for 2013
(MS Excel Spreadsheet, 158KB)

Emission factors and calorific values for 2012
(MS Excel Spreadsheet, 154KB)

Emission factors and calorific values for 2011
(MS Excel Spreadsheet, 179KB)

Emission factors and calorific values for 2010
(MS Excel Spreadsheet, 165KB)

Emission factors and calorific values for 2009
(MS Excel Spreadsheet, 170KB)

Emission factors and calorific values for 2008
(MS Excel Spreadsheet, 165KB)

Emission factors and calorific values for 2007
(MS Excel Spreadsheet, 174KB)

Emission factors and calorific values for 2006
(MS Excel Spreadsheet, 171KB)

Emission factors and calorific values for 2005
(MS Excel Spreadsheet, 137KB)

EU ETS non-compliance

The EU ETS Directive requires Member States to put in place a system of penalties which is effective, proportionate and dissuasive but the nature of the penalties is largely left to Member State discretion (with the exception of the penalty for failure to surrender sufficient allowances in certain circumstances).

The Greenhouse Gas Emissions Trading System Regulations 2012 set out the civil penalties to which a person is liable if they do not comply with the EU ETS. The former DECC produced the guidance below for the offshore oil and gas industry detailing the Department’s approach to enforcement and sanctions.

• EU Emissions Trading System – Civil Sanctions Guidance to Industry

The Regulations provide for the right of appeal against decisions of an EU ETS Regulator. In England and Wales appeals for both operators of stationary installations and aircraft operators, as well as offshore installations, are heard by the First-tier Tribunal.

Appeals in Northern Ireland are heard and determined by the Planning Appeals Commission (PAC). In Scotland, the Directorate for Planning and Environmental Appeals (DPEA) in the Scottish Government hears and determines appeals on behalf of the Scottish Ministers.

Different arrangements apply to appeals brought by aviation operators against a penalty notice served under the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 for the 2012 scheme year. The relevant rules under the 2010 Regulations continue to apply in relation to any appeal brought against any decision made or notice served under the 2010 Regulations. These provide that the appeal body is the Secretary of State or an independent person appointed by the Secretary of State.

Guidance on the appeals process.

Further information: Oil and gas: offshore environmental legislation.

Appeal Determinations

2012 scheme year: 9 appeals determinations have been made:

CHC Scotia Limited civil penalty appeal determination
(PDF, 143KB, 9 pages)

Gulfstream Aerospace Corporation civil penalty appeal determination
(PDF, 134KB, 7 pages)

London Executive Aviation Limited civil penalty appeal determination
(PDF, 217KB, 19 pages)

AJW Aviation Limited civil penalty appeal determination
(PDF, 134KB, 6 pages)

Jet Airways emissions estimate appeal determination
(PDF, 153KB, 12 pages)

Jet Airways civil penalty appeal determination
(PDF, 124KB, 5 pages)

TWO Air (Bermuda) Limited civil penalty appeal determination
(PDF, 160KB, 12 pages)

G5 Executive AG civil penalty appeal determination
(PDF, 172KB, 16 pages)

YH Aviation Limited civil penalty appeal determination
(PDF, 138KB, 7 pages)

2013/2014 scheme years: 1 appeal determination has been made:

Air India civil penalty appeal determination
(PDF, 85.5KB, 6 pages)

Aviation in the EU ETS

The EU Emissions Trading System requires aircraft operators to monitor and report emissions of CO2 and surrender the equivalent number of allowances. The scheme is designed to be a cost-effective means of tackling the CO2 emissions from aviation, enabling the aviation industry to grow sustainably whilst delivering emission reductions. The scheme applies to all flights between airports in the European Economic Area.

Details of the underpinning EU legislation and related detailed FAQs can be found on the European Commission: Reducing emissions from aviation web page.

We are consulting on implementation of the revised Aviation ETS in the UK. The consultation seeks comments on the proposed amendments to UK Regulations and the consultation-stage Impact Assessment. You can view the consultation and accompanying documents on the EU Emissions Trading System aviation consultation webpage.

The key changes are:

• an Intra-European Economic Area (EEA) scope for the Aviation ETS from 1 January 2013 until 31 December 2016
• a deferral of compliance deadlines for 2013 emissions until March and April 2015
• an exemption for non-commercial operators emitting less than 1,000 tonnes of CO2 per year until 2020
• simplified procedures for operators emitting less than 25,000 tonnes of CO2 per year
• the number of free allowances issued and allowances auctioned are reduced in proportion to the reduction in scope

We welcome views from any organisation or individual, and the consultation will be of particular interest to aircraft operators, aerodrome operators, verifiers, other participants in the EU ETS and environmental groups.

Regulation of aircraft operators’ emissions

Each aircraft operator is administered by a single member state. The European Commission produces an annual list showing which operators are administered by which member state.

There are 3 Regulators in the UK that regulate Aviation ETS activities, depending on the location of an operator’s registered office or where their highest proportion of emissions occur: the Environment Agency (for operators in England); the Scottish Environmental Protection Agency; and Natural Resources Wales.

You can find out more about what operators need to do to comply with the scheme on the EU ETS: operators and activities affected web page.

Auctioning

Find out how to bid for carbon allowances and aviation allowances in forthcoming Phase III emissions auctions. The first UK auction for aviation allowances will be on Wednesday 17 September 2014.

Free allocation to aircraft operators

The European Commission enacted legislation in April 2014 changing the scope of EUETS with regards to international aviation emissions (Regulation (EU) No 421/2014 amending Directive 2003/87/EC). As a result of the change in scope of Aviation EU ETS, the UK is obligated to recalculate the allocation of free allowances due to eligible aircraft operators. This recalculation has been done in accordance with the Commission guidance.

The table includes all operators who were previously due free allowances and indicates their new free allowance allocation under the reduced scope. Operators who ceased operations have been removed from this list.

Free aviation allowances allocation table
(MS Excel Spreadsheet, 17.3KB)

Operators who are now exempt under the new non-commercial de minimis (under 1,000tCO2 per annum calculated on the basis of full scope) still appear in this table. However owing to their exempt status these operators are not due free allowances and as such their Aircraft Operator Holding Account (AOHA) will be marked as ‘excluded’ in the registry – meaning that no transactions can be carried out and no free allowances will be deposited.

If you believe you are no longer due any allowances as a result of the changes or you wish to seek further clarification as to your new free allowance allocation please contact the Environment Agency aviation helpdesk ETAviationHelp@environment-agency.gov.uk.

The European Commission: Allocation of aviation allowances in an EEA-wide Emissions Trading System web pages on allocation to aircraft operators provide further detail on the allocation process.

Historic information

Please visit the EU ETS legislation page to see UK legislation and EU Regulations.

Please visit the National Archives version of the Aviation in the EU Emissions Trading System web pages to see information relating to aviation/aviation appeals previously available on the DECC website.

Small Emitter and Hospital Opt-out Scheme

The UK’s Small Emitter and Hospital Opt-out Scheme allows eligible installations to be excluded from Phase 3 (2013 to 2020) of the EU ETS. The scheme has been approved by the European Commission.

Article 27 of the EU ETS Directive enables small emitters and hospitals to be excluded from the EU ETS, with the primary aim of reducing the administrative burdens on these installations. This acknowledges that the administrative costs faced by smaller emitters under the EU ETS are disproportionately high per tonne of CO2, in comparison to the costs for large emitting installations. The Directive requires that excluded installations are subject to a domestic scheme that will deliver an equivalent contribution to emission reductions as the EU ETS.

The UK’s opt-out scheme was designed in consultation with industry and aims to offer a simple, deregulatory alternative to the EU ETS whilst maintaining the incentives for emission reductions. We estimate that the scheme will offer savings of up to £39 million to industry over Phase III.

The opt-out scheme offers deregulatory savings through:

• the replacement of a requirement to surrender allowances with an emissions reduction target
• simplified monitoring, reporting and verification requirements (MRV), including the removal of the requirement for third party verification
• no requirement to hold an active registry account
• less burdensome rules for target adjustment following an increase in installation capacity

Further details on the scheme are contained in the documents listed below. Please note that these documents will be updated later in 2015. The consultations referred to in the ‘Frequently asked questions’ document are now closed.

The UK’s Small Emitter and Hospital Opt-out Scheme (document updated on 25 March 2013 following agreement of the EU Registries Regulation 2012)

Impact Assessment: EU ETS Small Emitter and Hospital Phase III Opt-out Scheme

Frequently asked questions on the Small Emitter and Hospital Opt-out Scheme

Participants in the opt-out scheme

Operators of installations that are excluded from the EU ETS and participating in the Opt-out Scheme should refer to the document European Union Emissions Trading System (EU ETS) Phase III: Guidance for installations – How to comply with the EU ETS and Small Emitter and Hospital Opt-out Scheme.

The application period for the opt-out scheme ran from 23 May to 18 July 2012. Operators of 247 installations were approved to participate in the opt-out scheme by the European Commission as excluded from the EU ETS.

The final list of installations cleared by the European Commission

The EU ETS Directive does not provide for further installations to join the opt-out scheme.

Previous information on the development of the scheme including, the application period, policy development and the small emitters workshop held on the 12 June 2012, can be viewed on the National Archives website.

The government’s new approach to CCUS

In October 2017, the government announced its new approach to carbon capture, usage and storage in the Clean Growth Strategy.

The new approach is designed to enable the UK to become a global technology leader for CCUS and ensure that government has the option of deploying CCUS at scale during the 2030s, subject to costs coming down sufficiently.

To progress this ambition, the government has set out action under 3 themes:

• Re-affirming our commitment to deploying CCUS in the UK subject to cost reduction
• International collaboration on CCUS
• CCUS innovation

Re-affirming our commitment to deploying CCUS in the UK subject to cost reduction

CCUS has the potential to decarbonise the economy and maximise economic opportunities for the UK. However, it is currently expensive and cost reductions are necessary to be able to deploy CCUS cost effectively in the UK, providing value for money for both the taxpayer and consumers.

Through the Clean Growth Strategy the government has set out a programme of work that will be undertaken to establish the additional steps that are required to meet the ambition of having the option to deploy CCUS at scale during the 2030s, subject to cost reduction. In delivering this work, government will work collaboratively with the CCUS industry, including existing projects.

CCUS Cost Challenge Taskforce

Government has established a CCUS Cost Challenge Taskforce to provide advice on the steps needed to reduce the cost of deploying CCUS in the UK. The Taskforce is expected to deliver its plan to government in summer 2018.

Read more about the CCUS Cost Challenge Taskforce.

Deployment pathway for CCUS

Following the advice of the CCUS Cost Challenge Taskforce, the government will set out a deployment pathway for CCUS by the end of 2018. The deployment pathway will set out the steps needed to meet the government’s ambition of deploying CCUS at scale during the 2030s, subject to costs coming down sufficiently. This will include looking at the options for permanent storage of carbon dioxide in the UK, as well as elsewhere, via international shipping.

Review of delivery and investment models for CCUS

The government will review the delivery and investment models for CCUS in the UK to understand how the barriers to cost effective deployment can be reduced, and how the private and public sectors can work together to deliver the government’s ambition for CCUS.

The review will consider the models required to:

• Deploy carbon dioxide capture in the industrial sector
• Deploy carbon dioxide capture in the power sector
• Establish the infrastructure required to transport and store carbon dioxide

Further details on the review of delivery and investment models for CCUS will be published on this website later this year.

To inform this review, BEIS commissioned Pale Blue Dot Energy Limited to conduct a study, ‘CO2 transport and storage: Review of business models (Phase 1)’. The study draws upon case studies from both CCS and non-CCS infrastructure projects to identify key challenges which might constrain the development of carbon dioxide (CO2) transport and storage infrastructure and discusses the range of possible business models that could be employed to overcome these barriers to deployment.

CO2 transportation and storage business models (Phase 1): summary report

PDF, 1.13MB, 51 pages

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CO2 transportation and storage business models: appendix

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Test the development of CCUS industrial decarbonisation clusters

Government will work with the ongoing initiatives in Teesside, Merseyside and Grangemouth to test the potential for development of CCUS industrial decarbonisation clusters.

Ministerial-led CCUS Council

The government has established a new CCUS Council with senior representatives from across the CCUS sector to review progress and priorities on CCUS. The Council is co-chaired by the Minister of State for Energy and Clean Growth and James Smith, Chair of the Carbon Trust.

The CCUS Council is the primary forum for engaging the CCUS sector on CCUS. It replaces the CCS Development Forum.

Read more about the CCUS Council.

International collaboration on CCUS

Through the Clean Growth Strategy the government has committed to convene and lead a new international working group to drive down the cost and accelerate deployment of CCUS, including by:

• participating in Mission Innovation and its Carbon Capture Challenge and working closely with private sector led initiatives such as the Oil and Gas Climate Initiative
• developing closer collaborative working with countries such as Norway, the United States, Canada and Australia, including joint working on innovation and carbon dioxide transport and storage solutions and working multilaterally through the Carbon Sequestration Leadership Forum and the North Sea Basin Taskforce
• continuing to be a global leader in CCUS investments through the UK’s £60 million international CCS programme which has been running since 2012, by investing a further £10 million in the programme. This will further strengthen international action on CCUS and draw on technical expertise
• organising an international Global Carbon Capture Usage and Storage Conference in 2018 with international partners

Accelerating CCUS: A Global Conference to Progress CCUS, 28 to 29 November 2018

The UK government and its international partners have organised ‘Accelerating CCUS: A Global Conference to Progress CCUS’ in Edinburgh, Scotland, on 28 to 29 November 2018. Incorporating 2 days of CCUS focused events, the conference will gather speakers, delegates from governments, industry, academia and leading experts from around the world to discuss the value of CCUS, business models, the future of CCUS technologies and practical solutions and actions to accelerate the deployment of CCUS globally.

The Global Conference will run alongside a CCUS Summit, which will be co-hosted by the UK government and the International Energy Agency on 28 November, bringing together world energy leaders from government and industry to discuss concrete actions to scale up CCUS globally.

CCUS Innovation

CCUS research, development (R&D) and innovation will play an important role in reducing the costs of CCUS, by developing cheaper and more efficient technologies and components, exploring new applications and supporting innovations that reduce the cost of transporting and storing carbon dioxide.

Since 2011 the government has invested over £130 million R&D and innovation support to develop CCUS in the UK.

The government is continuing this support by committing to spend up to £100 million from the BEIS Energy Innovation Programme to support industry and CCUS innovation and deployment in the UK.

Carbon Capture and Utilisation Demonstration

The government will make up to £20 million available from the Energy Innovation Programme for a Carbon Capture and Utilisation (CCU) demonstration programme to invest in new innovative technologies that capture and utilise carbon dioxide.

This programme will encourage industrial sites to capture carbon dioxide which could then be used in industrial applications. This would help to enable a pathway for learning and development of capture technologies at an intermediate scale, reducing the costs and risks.

Read more about the CCU demonstration programme

Novel capture technologies

The government will also support next generation capture technologies, with an aim to lower the cost of capture compared to the current best performing technologies.

Accelerating CCS Technologies European Research Area Network (ERA-NET)

The UK is participating in the ERA-NET scheme to accelerate CCS technologies (ACT) along with 8 other European countries – Germany, Greece, Netherlands, Norway, Romania, Spain, Switzerland and Turkey. Together these countries have provided €25.34 million to support a first call for collaborative projects to accelerate the deployment of CCUS within Europe. The European Commission has added a further €11.26 million in co-funding, giving a total of €36.6 million in support.

Within the €36.6 million, BEIS has committed £4.4 million, matched with a further £2.2 million in co-funding from the European Commission, to support UK participation in 5 collaborative projects with European partners.

Read more about our CCUS innovation programmes.

CCS Commercialisation competition

The government took the decision to close the CCS Competition, which ran from April 2012 to January 2016 following confirmation from both bidders that they will not proceed with their respective projects in the absence of government capital funding support.

CCS knowledge sharing

The government is committed to sharing the knowledge from UK CCUS projects and to learning from other projects around the world to help accelerate CCUS cost reduction, as well as sharing information from the reports it commissions. This information is beneficial to academia and the CCUS industry, as well as raising the public profile of CCUS.

Knowledge from White Rose and Peterhead CCS projects

Under the 2013 / 2014 Front End Engineering and Design (FEED) contracts, the Peterhead and White Rose CCS projects delivered 86 reports. Under FEED, the completed reports are defined as Key Knowledge Deliverables (KKDs). The reports will enable both the Peterhead and White Rose projects to share the knowledge and learning acquired on their respective CCS projects.

The Key Knowledge Deliverables from the White Rose and Peterhead FEED studies cover aspects of delivering a large scale commercial CCS project, including: commercial and financing arrangements; programme and risk management; consents and permitting; technical design, engineering and integration; health and safety; and lessons learnt.

Peterhead and White Rose Key Knowledge Deliverables

Knowledge from Kingsnorth and Longannet CCS projects.

Since 2011 the government has made available substantial amounts of information from the engineering and design studies (known as FEED) of previous CCS projects funded by the government.

Kingsnorth FEED

• Front End Engineering and Design Material
• Executive Summary
• Project Design
• Technical Design – Carbon Capture and Compression Plant
• Technical Design – Pipeline and Platform
• Technical Design – Wells and Storage
• Health and Safety
• Environment and Consents
• Project Management Reports

Longannet FEED

• Programme Abstract
• FEED Cost Abstract
• Design Abstract
• End to End CCS Chain Operations Abstract
• FEED Decisions Abstract
• Health, Safety and Environment Abstract
• Risk Management Abstract
• Consents and Permitting Abstract
• Stakeholder Profiling Abstract
• CCS Project Costs Abstract
• Lessons Learned Abstract

CCS Cost Reduction Task Force

The task force was set up in spring 2012 to advise the government and industry on the steps needed to reduce the cost of CCS, so it can compete with other low carbon technologies in the 2020s. The CCS Cost Reduction Task Force published their final report in May 2013.

Read more about the CCS Cost Reduction Task Force.

Commissioned CCS Reports

CO2 Storage Liabilities in the North Sea – An Assessment of Risks and Financial Consequences

UK Canada Joint Statement on Carbon Capture and Storage CCS

Regulatory regime for CCUS in the UK

The Energy Act 2008 (the Act) provides for a licensing regime that governs the offshore storage of carbon dioxide. It forms part of the transposition into UK law of EU Directive 2009/31/EC on the geological storage of carbon dioxide. The Carbon Dioxide (Licensing etc.) Regulations 2010 (SI 2010/2221), which transpose many other requirements of the directive, came into force on 1 October 2010.

The regime applies to storage in the offshore area comprising both UK territorial sea and beyond designated as a gas importation and storage zone (GISZ) under section 1(5) of the Act.

In 2016, licensing powers were transferred from the Secretary of State for Business, Energy and Industrial Strategy to the Oil and Gas Authority (OGA). The OGA is now the licensing authority for offshore storage, except within the territorial sea adjacent to Scotland, which Scottish ministers authorise. The OGA regulates offshore carbon dioxide storage, approves and issues storage permits, and maintains the carbon storage public register. In addition to applying for a licence, developers must obtain a grant of the appropriate rights from The Crown Estate or the Scottish Crown Estate.

Further information is available at:

www.thecrownestate.co.uk/

www.crownestatescotland.com/

The UK is one of 5 countries to have ratified the Article 6 amendment to the London Protocol, which would allow for the transboundary export of CO2 for offshore geological storage and is working with countries through the North Sea Basin Taskforce and other fora to further advance ratification.

Electricity development consents

Guidance on the consent process for onshore and offshore generating stations with a generating capacity above 50MW and 100MW in England and Wales.

Projects with a generating capacity of 50MW and less are considered under the provision of the Town and Country Planning Act 1990.

It is the government’s intention to implement its manifesto commitment to give local people greater say in determining applications to build onshore wind farms in their local areas. Government is seeking to achieve this by removing new onshore wind farms above 50MW from the consenting regimes in the Planning Act 2008 and the Electricity Act 1989. The effect of this will be that new applications for onshore wind farms in England and Wales will need to apply for planning permission through the Town and Country Planning Act 1990. More detail on this can be found below.

Planning Act 2008

The Planning Act (as amended by the Localism Act 2011) passed responsibility for dealing with development consent applications for nationally significant infrastructure projects to the Planning Inspectorate, which will examine applications and make recommendations to the Secretary of State at Department for Business, Energy & Industrial Strategy (BEIS) for decisions on energy applications.

Developers of proposed nationally significant energy infrastructure projects should contact the Planning Inspectorate if considering submitting a development consent application. Details can be found on the national infrastructure planning portal.

The Planning Inspectorate has produced a guidance note for developers – PDF wishing to submit an application for a development consent for a nationally significant infrastructure project.

Developers should also have due regard to the Energy National Policy Statements – archived page.

Electricity Act 1989

The Planning Act 2008 disapplied the provisions of the Electricity Act in relation to consents for projects in England and Wales except in certain circumstances:

BEIS continues to deal with consent applications made under the Electricity Act 1989 that were submitted to it prior to the provisions of the Planning Act 2008 coming into force and which have not yet been determined.

You can find out more of the consenting process under section 36 of the Electricity Act in the BEIS guidance note.

In addition, the Marine Management Organisation (MMO) is responsible for considering and determining applications for consent under section 36 of the Electricity Act for offshore generating stations with a generating capacity of more than 1MW but less than or equal to 100MW. Details can be found on the MMO’s website.

BEIS also administers the Electricity Act 1989 for overhead lines below 132kV and associated permissions (necessary wayleaves and compulsory purchase orders) in England and Wales. Section 37 (overhead lines) of the Electricity Act 1989 takes into account the views of the local planning authority, local people, statutory bodies (such as the Environment Agency), and other interested parties. All applications go through the local planning authority and appear on the local planning register. In some cases, there may be a public inquiry before the Secretary of State makes a decision, usually as a consequence of an objection being received from the local planning authority.

In July 2014 DECC published revised guidance on the section 37 statutory consents regime for overhead lines in England and Wales:

Guidance note: statutory consenting process in England and Wales under section 37 of the Electricity Act 1989
(PDF, 566KB, 30 pages)

Variations of S36 Consents

This guidance is about varying consents which have been granted under section 36 of the Electricity Act 1989 for the construction or extension, and operation, of electricity generating stations (“section 36 consents”) granted by the Secretary of State for Business, Energy and Industrial Strategy (or his predecessors) or the Marine Management Organisation (MMO). It explains how to lodge an application for variation under the Electricity Generating Stations (Applications for Variation of Consent) Regulations 2013.

By applying to vary a section 36 consent it may be possible to obtain authorisation for a generating station to be constructed, extended and/or operated in a way that would not be consistent with the existing consent.

This guidance applies to England and Wales (and adjacent offshore areas) only. It does not apply to Scotland, where applications to vary section 36 consents must be made to Scottish Ministers.

This guidance is likely to be of interest to:

• developers and operators of generating stations (or proposed generating stations) which are the subject of section 36 consents; and

• local authorities, statutory consultees and other interested parties who are given an opportunity to comment on applications from developers or operators to vary section 36 consents.

Variations of S36 Consents: Guidance

PDF, 415KB, 18 pages

Offshore Wind

Call for Information on the Southern North Sea cSAC Review of Consents

In January 2017, a candidate Special Area of Conservation (cSAC) was submitted to the European Commission to designate an area of the southern North Sea for the protection of harbour porpoise – a species of marine mammal. This designation has triggered a statutory duty, under the Habitats Regulations, for the Department to review a number of planning consents for offshore wind farm developments and to assess the impacts of these projects on the new cSAC.

The Secretary of State has identified an indicative timeline and an approach to this review. This information can be viewed in the covering letter and supporting annexes available on the BEIS Energy Infrastructure site. Stakeholders are invited to respond with any comments by email to RoC@beis.gov.uk or in writing to the Department for Business, Energy and Industrial Strategy, Energy Infrastructure Planning, Level 3, Orchard 2, 1 Victoria Street, London SW1H 0ET. All responses must be received before 3 November 2017.

Onshore Wind

Consultation

As mentioned above government is seeking to achieve the manifesto commitment to give local people a greater say in determining onshore wind applications by removing new onshore wind farms above 50MW from the consenting regimes in the Planning Act 2008 and the Electricity Act 1989. New applications for onshore wind farms in England and Wales will therefore need to apply for planning permission through the Town and Country Planning Act 1990.

Views on this proposal were sought on 3 July 2015 from the two developers that had notified the Planning Inspectorate of three proposed applications for onshore wind farms but who had not yet completed the pre-application stage and submitted an application. A letter was therefore sent to SSE with regards to Keadby onshore wind farm extension and to Vattenfall with regards to Nocton Fen and Mynydd Lluest y Graig onshore wind farms.

View a copy of the letter:

Letter to SSE re Keadby onshore wind farm extension and to Vattenfall re Nocton Fen and Mynydd Lluest y Graig onshore wind farms
(PDF, 115KB, 3 pages)

One developer provided a nil response and one provided a response which was fed in to the Impact Assessment for this policy proposal. This response included a request that government introduce a grace period that would allow onshore wind farm projects, which were registered under the Planning Act process within 12 months from any legislation coming in to effect that would otherwise require such schemes to be considered under the Town and County Planning Act 1990, to be able to continue to progress through the Planning Act process.

Consideration was given to this proposal but as government has made a clear manifesto commitment to give local people the final say on onshore wind farm applications a grace period is not considered to be in line with this commitment. This is because it could result in government taking decisions on onshore wind farm applications long after legislation with the purpose of ensuring these decisions are made at a local level has come in to force.

Next Steps

• government’s manifesto commitment will therefore be implemented by transferring powers for decision making for new onshore wind farms to local planning authorities through two sets of changes – the primary clause already included in the Energy Bill and two Statutory Instruments.

• The Statutory Instruments (Orders) will shortly be introduced and include;

  • an Order under an existing power in the Planning Act 2008 to remove onshore wind in England and Wales from the defined types of development which are required to have development consent under the Planning Act 2008; and

  • in advance of the Energy Bill coming into force (should it be passed), an Order to direct that the requirement for a consent under section 36 of the Electricity Act 1989 to construct, extend or operate generating stations will not apply to onshore wind farms.

• if the Energy Bill is passed, once in force, it will replace the Order under the Electricity Act 1989.

• the Orders will have the effect that new applications for all onshore wind farms in England and Wales, including those which are in the pre-application stage of the Planning Act 2008 process, would have to apply for planning permission under the Town and Country Planning Act 1990 – where the local planning authority is the principal decision maker.

The TEN- E Regulation EU347/2013 UK Manual of Procedures

The TEN- E Regulation EU347/2013 UK Manual of Procedures

PDF, 823KB, 60 pages

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The Regulation on guidelines for trans-European energy infrastructure EU 347/2013 (the TEN-E Regulation) sets out guidelines for streamlining the permitting processes for major energy infrastructure projects that contribute to European energy networks, referred to as “Projects of Common Interest” (PCIs). The first Union List of PCIs was published in the Official Journal of the European Union on 21 December 2013 and came into force on 10 January 2014.

The TEN-E Regulation establishes that PCIs are necessary to take forward EU energy networks policy and should be given the most rapid consideration in the permitting process that is legally possible. To ensure rapid treatment the TEN-E Regulation sets an overall timetable of 3.5 years for the permitting process, with an indicative period of 2 years for “pre-application procedures” – e.g. preparation of the necessary schedules, concept for public participation and public consultation on PCI proposals – and 1.5 years for determination of applications for “permits”. In the UK this may include planning permissions, development consent orders, marine licences and works authorisations as appropriate, depending on the type of PCI infrastructure and consenting regimes.

The Secretary of State for Business, Energy & Industrial Strategy is the designated national competent authority for PCIs in the UK.

DECC published the Manual of Procedures on the permit granting process for PCIs in the UK. This Manual is of interest to developers responsible for PCIs on the first Union List, parties considering an application for PCI status for a proposed energy network project, regulatory authorities in the UK and other interested parties, who wish to comment on applications for consent for PCIs. This Manual will be updated as necessary to take account of any future changes in the permitting processes in the UK.

Scotland

Marine Scotland, a directorate of the Scottish Executive is responsible for dealing with applications for consent under section 36 of the Electricity Act for offshore generating stations in Scottish waters. The Scottish Executive is responsible for dealing with application for consent made under the same legislative regime for generating projects onshore.

Other consenting mechanisms

BEIS also administers applications made under the Transport and Works Act 1992 in respect of energy-related projects in those UK territorial waters adjoining England. For similar developments adjacent to Wales, the National Assembly for Wales is the determining body. (NB: the Transport and Works Act does not apply in Scotland.)

Environmental Impact Assessment Regulations (England & Wales)

When processing development applications, BEIS considers the environmental consequences of proposals, applying European requirements for Environmental Impact Assessments (EIAs). You can download our guidance on the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000.

These regulations were updated in 2007 to reflect the EU’s Public Participation Directive, covered in the supplementary guidance note.

Offshore generating stations safety zones

The Electricity (offshore generating stations) (safety zones) (application procedures and control of access) Regulations 2007

Ministry of Justice: The UK Statute Law Database – The Electricity (offshore generating stations) (safety zones) (application procedures and control of access) Regulations 2007

Applying for safety zones around offshore renewable energy installations: guidance notes

PDF, 153KB, 19 pages

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Decommissioning offshore renewable energy installations (OREIs)

Sections 105 to 114 of the Energy Act 2004 introduce a decommissioning scheme for offshore wind and marine energy installations. Under the terms of the Act, the Secretary of State may require a person who is responsible for one of these installations to submit (and eventually carry out) a decommissioning programme for the installation.

These decommissioning provisions reflect the department’s view – taking into account our international obligations under UNCLOS (United Nations Convention on the Law of the Sea) and OSPAR – that anyone who constructs, extends, operates or uses an installation should be responsible for ensuring that it is decommissioned at the end of its useful life. They should also be responsible for meeting the costs of decommissioning – the ‘polluter pays’ principle.

BEIS believes it is imposing a legal obligation on businesses to prepare and carry out a decommissioning programme – and potentially requiring them to provide financial security – reduces the risk of them defaulting on their decommissioning liabilities. At the same time, we do not want to hinder the development of offshore renewable energy installations.

The approach is to seek decommissioning solutions which are consistent with our international obligations, as well as UK legislation, and which have a proper regard for safety, the environment, other legitimate uses of the sea and economic considerations. BEIS will act in line with the principles of sustainable development, and we aim to ensure that interested parties are given clear information on the operation of the decommissioning scheme. It is intended that processes for approving decommissioning programmes should be open and transparent, and that decisions should be taken in an efficient way, with as little administrative work as possible.

Full guidance on decommissioning offshore renewable energy installations

PDF, 379KB, 66 pages

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Decommissioning offshore wind installations: cost estimation

BEIS commissioned an independent report to inform thinking around the range of possible future decommissioning costs and liabilities (the report does not necessarily reflect BEIS policy or views):

Decommissioning offshore wind installations: cost estimation

Exploring combined heat and power (CHP)

When submitting power station proposals (except renewable energy projects) under section 36 and under section 14, developers need to show they have explored opportunities to use combined heat and power. You can find the latest guidance on this in English and Welsh.

The guidance also applies to applications to the National Infrastructure Directorate of the Planning Inspectorate for generating stations of 50MW or more, under the Planning Act 2008.

Carbon capture readiness (CCR)

DECC published guidance on the government’s policy on carbon capture readiness (CCR)(implemented through section 36 of the Electricity Act 1989). It is intended to supplement the existing guidance on the full application process for consent under section 36. The guidance also applies to applications to the National Infrastructure Directorate of the Planning Inspectorate for generating stations of 50MW or more, under the Planning Act 2008.

The guidance is relevant to applications for power stations with an electrical generating capacity at or over 300 MW (gross capacity) and of a type covered by the EU Large Combustion Plant Directive and only covers consent applications in England and Wales.

The purpose of the CCR guidance is to ensure these relevant power stations can be retrofitted with carbon capture and storage (CCS) equipment at some point in the future when it is technically and economically viable.

Table 1 in the CCR guidance provides an indicative requirement of the amount of space required based on a generating station with 500MW capacity. Since the publication of the CCR guidance, that requirement has been reviewed by Imperial College, London in the Assessment of the validity of “Approximate minimum land footprint for some types of CO2 capture plant” report.

Wayleaves and compulsory purchase orders

BEIS also administers the process for necessary (compulsory) wayleaves and compulsory purchase orders sought by electricity companies for rights over third party land. You can download our guidance on wayleave procedures for applicants, landowners and occupiers.

BEIS follows the practice set out in the planning circular DoE 1990/14 and WO 1990/20.

Public inquiries relating to electric lines are held in accordance with The Acquisition of Land Act 1981, The Compulsory Purchase (Inquiries Procedure) Rules 2007. You can download guidance on the rules.

Local Authorities’ role in new planning regime/new nuclear power stations

The Planning Act 2008 changed the role of local authorities in the new planning regime with particular regard to the development consent process for new nuclear power stations. This letter from the Office for Nuclear Development (OND) and Department for Communities and Local Government (CLG) explains the changes.

National Policy Statements for energy infrastructure

On 18 July 2011 the House of Commons debated and approved the six National Policy Statements for Energy (NPS). On 19th July 2011, the Secretary of State for Energy and Climate Change designated the NPSs under the Planning Act 2008.

Designation of the energy NPSs ensures that we have a planning system that is rapid, predicable and accountable. Planning decisions will be taken within the clear policy framework set out in the NPSs, making these decisions as transparent as possible.

The energy NPSs set out national policy against which proposals for major energy projects will be assessed and decided on by the National Infrastructure Directorate (NID) within the Planning Inspectorate. NID will use NPSs in its examination of applications for development consent, and ministers will use them when making decisions.

It is essential that ministers and officials working on development consent decisions act, and are seen to act, fairly and even-handedly by bringing an unbiased, properly directed and independent mind to the consideration of the matter. DECC therefore published the guidance they follow when dealing with stakeholders who are interested in such cases.

The energy NPSs designated on 19 July 2011 are:

• EN-1 Overarching Energy NPS [PDF, filesize: 960.06Kb]
• EN-2 Fossil Fuel Electricity Generating Infrastructure NPS [PDF, filesize: 232.06Kb]
• EN-3 Renewable Energy Infrastructure NPS [PDF, filesize: 344.8Kb]
• EN-4 Gas Supply Infrastructure & Gas and Oil Pipelines NPS [PDF, filesize: 289.82Kb]
• EN-5 Electricity Networks Infrastructure NPS [PDF, filesize: 322.06Kb]
• En-6 Nuclear Power Generation NPS – Volume I [PDF, filesize: 312.2Kb]
• En-6 Nuclear Power Generation NPS – Volume II

Prior to designation, the energy NPSs were subject to two rounds of Parliamentary Scrutiny and public consultation. The previous government consulted on the draft energy NPSs between November 2009 and February 2010. The second consultation was conducted between 18th October 2010 and 24th January 2011.

Material relating to these consultations can be found at the Energy National Policy Statement (NPS) consultation archive.

You can also download the government response to Parliament, the government response to the consultation and impact assessment.

You can read further information on:

• Appraisals of Sustainability (AoS) which informed the drafting of the NPSs
• Habitats Regulations Assessment (HRA) for the NPSs
• the Strategic Environmental Assessment post-adoption statement which explains:
  • how environmental considerations have been integrated into the NPSs
  • how the AoSs, the views of statutory consultees and others have been taken into account in preparing them
  • why the NPSs set out the development control policies they do rather than any of the reasonable alternatives to them set out in the AoSs
• the Monitoring Strategy which sets out how we will monitor significant environmental effects of implementation of the NPSs
• responses received during the second consultation

Welsh translations of documents

• EN-1 Datganiad Polisi Cenedlaethol Cyffredinol am Ynni [PDF, filesize: 960.06Kb]
• EN-2 Datganiad Polisi Cenedlaethol am Seilwaith Cynhyrchu Trydan Tanwydd Ffosil [PDF, filesize: 232.06Kb]
• EN-3 Datganiad Polisi Cenedlaethol am Seilwaith Ynni Adnewyddadwy [PDF, filesize: 344.8Kb]
• EN-4 Datganiad Polisi Cenedlaethol am Seilwaith Cyflenwi Nwy a Phiblinellau Nwy ac Olew [PDF, filesize: 289.82Kb]
• EN-5 Datganiad Polisi Cenedlaethol am Seilwaith Rhwydweithiau Trydan [PDF, filesize: 322.06Kb]
• EN-6 Datganiad Polisi Cenedlaethol am Gynhyrchu Ynni Niwclear – fersiwn mis Ebrill 2011 Cyfrol I o II [PDF, filesize: 312.2Kb]
• EN-6 Datganiad Polisi Cenedlaethol am Gynhyrchu Ynni Niwclear Cyfrol II o II – Atodiadau

Public inquiries for energy infrastructure

Section 36 of the Electricity Act 1989 – Redetermination of Llanbrynmair / Carnedd Wen wind farm applications

All documentation relating to the redetermination of the Llanbrynmair and Carnedd Wen wind farm applications are available here:

Llanbrynmair and Carnedd Wen wind farm applications redetermination

Environmental consultations for overhead line applications

Application from National Grid Electricity Transmission plc seeking consent to keep installed a replacement tower and 2 sections of overhead conductors on the Pentir to Trawsfynydd 400kV Overhead Electricity Transmission Line. Request by the Secretary of State for further information from the applicant under The Conservation of Habitats and Species Regulations 2010. The Secretary of State is seeking any comments by 27 January 2017.

Recent decisions on energy Infrastructure applications

Recent decision documentation for energy infrastructure applications (including those considered at public Inquiry)

Related information

You can find more information on the Ministry for Justice: The Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007 webpage.

Guidance on the inquiries procedure is available in English and Welsh.

Codes of practice on optimum phasing for high voltage power lines

In October 2009 the government made its Response to the Stakeholder Advisory Group on Extremely Low Frequency Electric and Magnetic Fields First Interim Assessment: Power Lines and Property, Wiring in Homes and Electrical Equipment in Homes that was delivered to the Public Health Minister in April 2007.

In that response, the government supported the Stakeholder Advisory Group on Extremely Low Frequency Electromagnetic Fields (SAGE) recommendation to introduce the optimum phasing of all new double-circuit high voltage overhead power lines of 132kV and above and to convert existing power lines where practicable in those circumstances where this would significantly reduce public exposure to extremely low frequency (ELF) electromagnetic fields (EMF) and would be cost effective to do so.

Current government policy on electric and magnetic fields (EMFs) is that power lines should comply with the 1998 International Commission on Non-Ionizing Radiation Protection (ICNIRP) Guidelines on exposure to EMFs in terms of the 1999 EU Recommendation.

In 2009 2 voluntary codes of practice were developed and agreed between the Energy Networks Association (ENA) and the government. Both codes of practice applied in England, Scotland and Wales. We are pleased to issue a new version of both codes that have now been agreed with the Northern Ireland Executive. These two codes of practice will apply in England, Scotland, Wales and Northern Ireland.

The first voluntary code is intended to provide information to the general public and other interested parties about how the optimal phasing of high voltage double circuit overhead lines can help reduce public exposure to EMFs. The code also sets out clearly what the electricity industry is agreeing to undertake and also how government will monitor compliance with the code.

A second voluntary code of practice has also been developed – Power Lines: demonstrating compliance with EMF public exposure guidelines. This code of practice implements current government policy in relation to public exposure to EMFs and is intended to introduce clarity to the important process by which industry will demonstrate compliance. It sets out the measures the electricity industry will utilise to calculate and demonstrate compliance with assessment field levels in accordance with ICNIRP exposure limits to protect public health.

The ENA will also maintain a publicly available list on its website of types of equipment where the design is such that it is not capable of exceeding the ICNIRP exposure guidelines with evidence as to why this is the case. It will also detail equipment that normally complies with public exposure limits but also where this will need to be demonstrated on a case-by-case basis when required, for example when apply for consent or a wayleave for a line or cable.

Further information can be found on the Energy Networks Association (ENA) website.

The ENA has published Guidelines for Best Practice in relation to Electric and Magnetic Fields (EMFs) in the Design and Management of Low Voltage Networks, the product of the work DECC asked the industry to undertake in order to fulfil the SAGE 2 recommendations in regard to measures relating to low voltage distribution networks and substations.

The Environmental Assessment of Plans and Programmes Regulations 2004

The Environmental Assessment of Plans and Programmes Regulations 2004 implements the European Strategic Environmental Assessment (SEA) Directive (2001/42/EC). Although the Directive was not incorporated into UK law until 2004, SEAs have been carried out since 1999 in accordance with its requirements.

• Offshore Energy Strategic Environmental Assessment (SEA): An overview of the SEA process

The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended)

Council Directive 85/337/EEC on the Assessment of the Effects of Certain Public and Private Projects on the Environment (the “1985 Directive”), as amended by Council Directive 97/11/EC, Directive 2003/35/EC and Directive 2009/31/EC, requires environmental assessments to be carried out for certain types of project, including offshore oil and gas activities, throughout the European Union.

The 1985 Directive and its three amendments were codified by Directive 2011/92/EU (“the existing Directive”), in advance of the European Commission adopting a proposal in October 2012 to further review and amend the existing Directive. On 15 May 2014, Directive 2011/92/EU was subsequently amended by Directive 2014/52/EU.

The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 (“the EIA Regulations”) implemented the original Directive and the 1997 amendment, and were amended in 2007, 2010 and 2017 by:

• The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 to implement Directive 2003/35/EC which provided for public participation in respect to the drawing-up of certain plans and programmes relating to the environment.

• Article 2 of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (the “2010 Order”) which applied the provisions to offshore combustible gas and carbon dioxide unloading and storage operations (in addition to oil and gas production activities).

• Part One of the Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (the “2017 Regulations”) which implements the requirements of Directive 2014/52/EU, and also consolidates the provisions of Article 2 of the 2010 Order (revoking those provisions).

The relevant offshore hydrocarbon-related activities covered by the EIA Regulations (as amended) include, but are not limited to, the granting and renewal of production consents for field developments, the drilling of wells (deep drilling) and the construction and installation of production facilities and pipe-lines in the United Kingdom and on the United Kingdom Continental Shelf (UKCS). Full details of these and other requirements can be found in the published guidance.

Regulations

• The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999

• The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007

• The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010

• The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

Guidance

• 
  OPRED EIA Guidance 2018 Revision 4 22 March 2018
  (PDF, 799KB, 82 pages)
  

Applications and determinations

• Environmental Statements (ESs) must be submitted in hard copy to the Business Support Team, and developers should email bst@beis.gov.uk to confirm the submission requirements.

• Applications for Directions to confirm that an ES is not required should be submitted via the UK Energy Portal Environmental Tracking System (PETS), and developers should email bst@beis.gov.uk if they require further information about PETS.

• Interested parties can review records relating to submissions and decisions made under the EIA Regulations at Oil and gas environmental data.

Reporting requirements

• Authorised deposit returns for approvals issued through PETS should be made using the appropriate Environmental Emissions Monitoring System (EEMS) reporting form.

• Deposit returns requested by the Environmental Management Team for activities covered by an EIA exclusion should be made using this
  Form
  (MS Excel Spreadsheet, 77KB)
  
  , and should be submitted by email to bst@beis.gov.uk

Environmentally sensitive areas

• 
  Environmentally Sensitive Areas
  (MS Word Document, 150KB)
  

• 
  Quadrant/Block Specific Issues
  (MS Word Document, 460KB)
  

Project reports

• 
  Quality review of environmental statements for offshore petroleum production and pipeliine developments
  (PDF, 644KB, 70 pages)
  

• 
  Assessment of adverse non-pollution effects for offshore petroleum production and pipeline developments
  (PDF, 263KB, 20 pages)
  

For further information please contact the Business Support Team by email at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager.

The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (as amended)

Council Directive 79/409/EEC on the protection of wild birds, commonly known as the Birds Directive, was adopted in 1979, and aims to protect all wild birds and their most important habitats across the EU. Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, commonly known as the Habitats Directive, was adopted 13 years later in 1992. It introduces very similar measures but extends the protection to around 1000 other rare, threatened or endemic species of wild animals and plants, often collectively referred to as species of European importance. It also, for the first time, introduced protection for some 230 rare or important habitat types. The Birds Directive was subsequently amended by Directive 2009/147/EC, a codified version of the original directive.

Together, the Birds and Habitats Directives provide a strong legislative framework to protect the EU’s most vulnerable species and habitat types across their entire natural range within the EU, irrespective of political or administrative boundaries. The overall objective of the two directives is to ensure that the species and habitat types they protect are maintained at, or restored to, a favourable conservation status throughout their natural range within the EU. They therefore not only aim to halt any decline, but also aim to ensure that the qualifying species and habitats recover sufficiently to enable them to flourish over the long-term.

The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 implemented the main provisions of the directives as they applied to offshore oil and gas activities, and were amended in 2007, 2010 and 2017 by:

• The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 which amended and extended a number of provisions in the 2001 regulations.
• Article 3 of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (the “2010 Order”) which applied the provisions to offshore combustible gas and carbon dioxide unloading and storage operations (in addition to oil and gas production activities).
• Part four of the Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 which introduced provisions relating to the review of existing decisions.

The most important provisions of the regulations in relation to environmental submissions to the Department are:

Regulation 4 which requires the issue of consent for geological surveys relating to offshore oil and gas operations and offshore combustible gas and carbon dioxide unloading and storage operations undertaken in the UKCS.

Regulation 5 which requires that, before the grant of any licence, consent, authorisation or approval involving a proposed activity that is likely to have a significant effect on a relevant protected site, whether individually or in combination with any other plan or project, the Secretary of State must make an appropriate assessment (a Habitats Regulation Assessment) of the implications for the site in view of the site’s conservation objectives. The Department is therefore required to undertake a likely significant effects assessment, or ‘screening’ exercise, and/or a more in-depth, ‘appropriate assessment’, and this can significantly delay the determination of a submission.

Regulations

• Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
• Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007
• The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010
• The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

Guidance

• European Commission guidance on the ‘Assessment of plans and projects significantly affecting Natura 2000 sites (Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC)
• Guidance on Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (MS Word Document, 120KB) Note: The Department is currently updating this guidance and an amended version will be published in due course
• Guidance Notes for Oil And Gas Surveys and Shallow Drilling (PDF, 235KB, 21 pages) Note: The Department is currently updating this guidance and an amended version will be published in due course
• JNCC guidelines for minimising the risk of injury to marine mammals from geophysical surveys (PDF, 796KB, 28 pages)
• Statutory nature conservation agency protocol for minimising the risk of injury to marine mammals from piling noise (PDF, 242KB, 13 pages)
• JNCC guidelines for minimising the risk of injury to marine mammals from using explosives (PDF, 165KB, 10 pages)

Other Useful Information

• The EU Habitats and Birds Directives
• Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora
• Council Directive 2009/147/EC on the conservation of wild birds (codified version)

Applications and determinations

• Applications for geological surveys, or notifications of proposed marine surveys which does not require consent are submitted and processed via the UK Energy Portal
• Applications or notifications can be submitted via a standalone (SA) Master Application Template (MAT), where the survey is not linked with any other activity requiring a UK Energy Portal application, or via a Subsidiary Application Templates (SAT) if the survey is linked to another activity, e.g. a relevant drilling MAT (DRA).
• Interested parties can review records of geological survey applications and marine survey notification submissions, and any relevant decisions made under the Habitats Regulations

• A list of Habitats Regulations Assessments undertaken by the Department can be found on:
  HRA Spreadsheet
  (MS Excel Spreadsheet, 46KB)
  

• Copies of specific appropriate assessments that may be of interest to operators can be found below:
  PA Resources, 2D Seismic Survey Blocks 17/4b, 17/3, 11/28 and 11/29: Record of Appropriate Assessment
  Caithness Petroleum, Seismic Survey Programme, Braemore, Forse, Berriedale and Helmsdale Prospects and Burrigill Site Survey: Record of Appropriate Assessment

Reporting requirements

• It is a condition of all geological survey consents that an activity log and close out report is submitted to the Department following completion of the survey. The report is currently an Excel spreadsheet and a copy can be found here
• In future the returns will be migrated to the EEMS reporting system accessed via the UK Energy Portal and will automatically feed into the Marine Noise Registry (see section on The Marine Strategy Regulations 2010). However in the interim the return forms should be submitted by e-mail to: bst@beis.gov.uk
• The close-out report worksheet must also be submitted to Schlumberger Integrated Solutions for all seismic surveys, except site surveys, and to Medin for all seismic site surveys. Relevant contact details and guidance are provided in the Excel spreadsheet.
• Where it is a condition of the geological survey consent that a Marine Mammal Observer (MMO) and/or a Passive Acoustic Monitoring (PAM) operative is provided for the survey, a MMO report must also be submitted to the Department following completion of the survey, and copied to the Joint Nature Conservation Committee (JNCC). Copies of the relevant forms and guidance, and summary reports of MMO observations, can be found on the JNCC website here

Project reports

• Subacoustech R&D Project – Effects of noise on the marine environment (MS PowerPoint Presentation, 5.48MB)
• Review and Assessment of Underwater Sound Produced from Oil and Gas Activities and Potential Reporting Requirements under the Marine Strategy Framework Directive, July 2011 (PDF, 1.73MB, 72 pages)
• Moray Firth Study – this was a three year project undertaken by Aberdeen University on behalf of the Department, with co-funding from the Scottish Government, Collaborative Offshore Wind Research into the Environment (COWRIE) and Oil & Gas UK, to assess the potential impact of oil and gas seismic survey operations on cetaceans in the Moray Firth. Relevant reports relating to the study and the associated seismic surveys can be found below:

Final Study Report, November 2013 (PDF, 4.64MB,144 pages)

Annex II: Underwater noise propagation modelling and estimate of impact zones for seismic operations in the Moray Firth (PDF, 1.28MB, 62 pages)

• 2D seismic survey in the Moray Firth: Review of noise impact studies and reassessment of acoustic impacts (PDF, 989KB, 57 pages)

• PA Resources, 2D Seismic Survey Blocks 17/4b, 17/3, 11/28 and 11/29: Record of Appropriate Assessment (PDF, 8.89MB, 73 pages)

• Caithness Petroleum, Seismic Survey Programme, Braemore, Forse, Berriedale and Helmsdale Prospects and Burrigill Site Survey: Record of Appropriate Assessment (PDF, 8.62MB, 74 pages)

• PA Resources, 2D Seismic Survey Blocks 17/4b, 17/3, 11/28 and 11/29: Marine Mammal Observations and Passive Acoustic Monitoring Report (PDF, 8.49MB, 91 pages)

• PA Resources, 2D Seismic Survey Blocks 17/4b, 17/3, 11/28 and 11/29: MMO Record Spreadsheet (MS Excel Spreadsheet, 2.1MB)

• Caithness Petroleum, Seismic Survey Programme, Braemore, Forse, Berriedale and Helmsdale Prospects and Burrigill Site Survey: Marine Mammal Observations and Passive Acoustic Monitoring Report and Record Spreadsheet (PDF, 4.38MB, 105 pages)

• University of Aberdeen staff involved in the project have also published a number of scientific papers relating to the study: Williamson, L.D., Brookes, K.L., Scott, B.E., Graham, I.M. & Thompson, P.M. (2017) Diurnal variation in harbour porpoise detection – potential implications for management. Marine Ecology Progress Series 570:223-232

• Williamson, L.D., Brookes, K.L., Scott, B.E., Graham, I.M., Bradbury, G., Hammond, P.S. & Thompson, P.M. (2016) Echolocation detections and digital video surveys provide reliable estimates of the relative density of harbour porpoises. Methods in Ecology and Evolution. DOI: 10.1111/2041-210X.12538

• Thompson, P.M., Brookes, K.L. & Cordes, L.S. (2014) Integrating passive acoustic and visual data to model spatial patterns of occurrence in coastal dolphins ICES J. Mar. Sci., DOI:10.1093/icesjms/fsu110

• Pirotta, E., Brookes, K.L., Graham, I.M. & Thompson, P.M. (2014) Variation in harbour porpoise activity in response to seismic survey noise. Biology Letters, 10: 20131090

• Thompson, P.M., Brookes, K.L., Graham, I.M., Barton, T.R., Needham, K., Bradbury, G. & Merchant, N.D. (2013) Short-term disturbance by a commercial two-dimensional seismic survey does not lead to long-term displacement of harbour porpoises. Proceedings of the Royal Society, B. 280: 20132001. DOI: 10.1098/rspb.2013.2001

• Brookes, K.L., Bailey, H. & Thompson, P.M. (2013) Predictions from harbor porpoise habitat association models are confirmed by long-term passive acoustic monitoring. J. Acoust. Soc. Am., 134: 2523-2533

• A full list of the publications of the University of Aberdeen’s Cromarty Lighthouse Field Station is available using this link

For further information please contact the Business Support Team by e mail at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager
 

The Conservation of Offshore Marine Habitats and Species Regulations 2017

Whilst the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (as amended) set down the obligations for the assessment of the impact of offshore oil and gas activities (including gas and carbon dioxide unloading and storage activities) on habitats and species protected under Council Directive 2009/147/EC (the codified version of the Birds Directive) and Council Directive 92/43/EEC (the Habitats Directive), the Conservation of Offshore Marine Habitats and Species Regulations 2017 are the governing legislation for implementation of a number of the other requirements contained in the Directives. The Regulations apply to the “offshore area” outside UK territorial waters, i.e. the area greater than 12 nautical miles from the landward baseline of the territorial sea, and are commonly referred to as the Defra Offshore Habitats Regulations.

The Conservation of Offshore Marine Habitats and Species Regulations 2017 consolidate the provisions contained in the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 and subsequent amending instruments, and make minor modifications reflecting changes to related legislation. The Regulations include provisions for the designation and protection of areas that host important habitats and species in the offshore marine area. Once designated, these sites are called Special Areas of Conservation (SACs), for the protection of certain habitats and marine species; and Special Protection Areas (SPAs), for the protection of certain wild bird species. The Regulations also implement assessment obligations for marine industry activities other than offshore oil and gas; introduce a licensing system for any marine activities that could kill or injure protected species, or could deliberately disturb protected species in such a way as to be likely to impair their ability to survive, breed, or rear or nurture their young, or in the case of animals of a hibernating or migratory species, to hibernate or migrate; or could significantly affect the local distribution or abundance of that species. The Regulations also include provisions requiring competent authorities to take steps to preserve and re-establish a sufficient diversity and area of habitat for wild birds and also impose a duty upon them to use all reasonable endeavours to avoid pollution or deterioration of wild bird habitat. The Regulations also include provisions relating to a number of offences that aim to prevent environmentally damaging activities.

The most important provisions of the regulations in relation to environmental submissions to the Department are contained in Part 5, which provides powers to issue licences for specific activities that could result in the injury or disturbance of European Protected Species (EPS injury or disturbance licences).

Regulations

• The Conservation of Offshore Marine Habitats and Species Regulations 2017

Guidance

• The Conservation of Offshore Marine Habitats and Species Regulations 2017
• Contributing to a Marine Protected Area Network
• 
  Draft Guidance on the protection of marine European Protected Species from Injury and disturbance (for the marine area in England and Wales and the UK offshore marine area)
  (PDF, 1.45MB, 120 pages)
  

Other Useful Information

• Relevant general information in relation to environmental sensitivities and conservation issues can be found in the entries for the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 and the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001.
• Information relating to marine nature conservation and wildlife licensing for internal and territorial waters adjacent to Northern Ireland can be found here
• Information relating to marine nature conservation and wildlife licensing for internal and territorial waters adjacent to Scotland can be found here and here
• Information relating to marine nature conservation and wildlife licensing for internal and territorial waters adjacent to Wales can be found here

Applications and determinations

• Applications for EPS injury or disturbance licences for activities in waters adjacent to England or in the offshore area adjacent to Northern Ireland, Scotland and Wales are submitted and processed via the UK Energy Portal
• Applications can be submitted via a standalone application MAT (SA), where the survey is not linked with any other activity requiring a UK Energy Portal application, or via a Subsidiary Application Templates (SAT) if the survey is linked to another activity, e.g. a relevant geological survey application MAT (GS).
• Interested parties can review records of EPS injury or disturbance licence applications, and any relevant decisions made under the Defra Offshore Habitats Regulations
• EPS / disturbance licensing for activities in internal or territorial waters adjacent to Northern Ireland, Scotland and Wales is the responsibility of the relevant devolved administration, and potential applicants should contact the relevant licensing body.

Reporting requirements

EPS injury or disturbance licences are currently only required for acoustic surveys where the Joint Nature Conservation Committee (JNCC) or another Statutory Nature Conservation Body has advised that the applicant for a consent for a geological survey must also obtain an EPS injury or disturbance licence. Under such circumstances, the reporting requirements detailed in the survey consent are sufficient to additionally cover the EPS injury or disturbance licence requirements, and there are no additional reporting requirements.

Project reports

Habitats Regulations Assessments undertaken by the Department for acoustic geological surveys are detailed in the entry for the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, and the assessments relating to EPS will include injury or disturbance assessments.

For further information please contact the Business Support Team by e mail at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager

The Marine Strategy Regulations 2010

Directive 2008/56/EC of the European Parliament and Council establishes a framework for community action in the field of marine environmental policy, and is commonly known as the Marine Strategy Framework Directive. The Directive was adopted in June 2008, with the aim of protecting the marine environment across Europe, and it is the environmental component of Europe’s Integrated Maritime Policy.

The Directive sets a target of “Good Environmental Status” which must be achieved in EU marine waters by 2020. Following the first cycle of management which ends in 2020, new programmes of measures will be set on a six-yearly basis. The Commission has produced a set of detailed criteria and methodological standards to help Member States implement the Marine Directive, which were revised in 2017 and led to the Commission Decision on Good Environmental Status (GES). Annex II of the Directive was also amended in 2017 to better link ecosystem components, anthropogenic pressures and impacts on the marine environment with the MSFD’s 11 ‘Descriptors’ and with the new Decision on Good Environmental Status (GES).

The Marine Strategy Regulations 2010 transposed the requirements of the Marine Strategy Framework Directive 2008/56/EC into UK law in July 2010. The regulations established a high-level legal framework to ensure that the obligations which the Directive places on the UK are assigned to a competent authority, and that those competent authorities are given the necessary powers to implement measures to achieve or maintain good environmental status in the marine environment by 2020. The Regulations did not set out exactly how this would be achieved and much of the detail about how the UK will implement the Directive have been developed since the regulations came into force. The statutory instrument includes provisions covering the following key issues:

• the geographical scope of the legislation – the area over which the UK Marine Strategy will apply;
• the bodies that will be responsible for implementing the Directive in different parts of the UK’s marine waters (i.e. which bodies will act as competent authorities for the Directive) and puts duties on those bodies to deliver each of the Directive’s requirements to the required timetable;
• appropriate provisions to ensure that the UK Government and each of the Devolved Administrations work together effectively to implement the Directive in a consistent and co-ordinated way across the UK;
• appropriate provisions to ensure that all public authorities which take decisions or carry out activities affecting the marine environment will be required to play an appropriate role in ensuring that the requirements of this Directive are delivered; and
• provisions to ensure that interested parties and members of the public are consulted at all key stages in the implementation of the Directive.

Regulations

• The Marine Strategy Framework Directive (Directive 2008/56/EC)
• Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU
• Commission Directive (EU) 2017/845 of 17 May 2017 amending Directive 2008/56/EC of the European Parliament and of the Council as regards the indicative lists of elements to be taken into account for the preparation of marine strategies (Annex III amendment)
• Marine Strategy Regulations 2010

Guidance

• European Commission guidance on the MSFD can be found here
• Defra marine environment policy document, which includes Appendix 2, Implementing the Marine Strategy Framework Directive, can be found here

Reporting requirements

The UK target for Good Environmental Status (GES) for impulsive noise (Descriptor 11) is being facilitated through the establishment of a Marine Noise Registry (MNR). The Registry has been developed by Defra and the Joint Nature Conservation Committee (JNCC), in conjunction with other Government Departments and the Devolved Administrations (DAs), and records human activities in UK seas that produce loud, low to medium frequency (10Hz – 10kHz) impulsive noise. The MNR forms part of the UK’s programme of measures which is set out in Part 3 of its Marine Strategy.

Underwater noise from human activities can affect marine organisms, from invertebrates to fish to marine mammals, in a variety of ways, from initiating avoidance, to masking sounds used to communicate and find food, to physical injury and even to mortality. Understanding when and where noisy activities take place will therefore help to define a baseline level for impulsive noise in UK waters and will inform research on the impacts of noise, particularly on vulnerable species like cetaceans.

Human activities covered by the MNR include impact pile driving, geophysical surveys (seismic, sub bottom profiling and multi-beam echo-sounders), military sonar, some acoustic deterrent devices and explosive use. Data is collected on the proposed location and date of relevant activities during the planning stages, and on the final location and date after the activity has been completed. The MNR also collects, where available, sound source data including maximum hammer energy maximum airgun volume, equipment frequency, sound pressure levels, sound exposure levels and explosive TNT equivalents.

Where possible, data is extracted from current consenting processes, or is separately provided by developers using a simple online form. Provision of the data is mandatory in some cases and voluntary in others, depending on the type of activity and whether there are any relevant consenting procedures. An integrated data capture system is currently being developed to link the UK Energy Portal Environmental Tracking System (PETS) to the MNR, which will enable oil and gas geological survey application and returns data to be automatically populated.

Maps will be produced annually showing the spread of activities in ‘pulse block days’ (the number of days within the specified period when impulsive noise has been generated within individual UK oil and gas licensing blocks). Data in the Registry are also fed into a Europe-wide registry through the Oslo and Paris Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR).

• The MNR can be found here
• Further information in relation to the MNR can be found here
• EU Monitoring Guidance for Underwater Noise in European Seas, prepared by the MSFD Technical Subgroup on Underwater Noise, can be found here
• MNR output maps can be found here

For further information please contact the Business Support Team by email at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager

The Offshore Chemicals Regulations 2002 (as amended)

In 2000, the Convention for the Protection of the Marine Environment of the North-East Atlantic (the OSPAR Convention) adopted Decision 2000/2 on a Harmonised Mandatory Control System for the Use and Discharge of Offshore Chemicals (commonly call the OSPAR HMCS). The Decision was subsequently amended by Decision 2005/1 on a Harmonised Mandatory Control System for the Use and Reduction of the Discharge of Offshore Chemicals, and is supported by a number of additional OSPAR decisions, recommendations and agreements relating to the use and discharge of offshore chemicals:

• OSPAR Decision 2000/3 on the Use of Organic-Phase Drilling Fluids (OPF) and the Discharge of OPF-Contaminated Cuttings
• OSPAR Recommendation 2005/2 OSPAR Recommendation 2005/2 on Environmental Goals for the Discharge by the Offshore Industry of Chemicals that Are, or Contain Added Substances, Listed in the OSPAR 2004 List of Chemicals for Priority Action
• OSPAR Recommendation 2006/3 on Environmental Goals for the Discharge by the Offshore Industry of Chemicals that Are, or Which Contain Substances Identified as Candidates for Substitution
• OSPAR Recommendation 2010/3 on a Harmonised Offshore Chemical Notification Format (HOCNF)
• OSPAR Recommendation 2014/17 amending OSPAR Recommendation 2010/3 on a Harmonised Offshore Chemical Notification Format (HOCNF)
• OSPAR Recommendation 2017/1 on a Harmonised Pre-screening Scheme for Offshore Chemicals
• Further Guidance on the Assessment of the Toxicity of Substances under the Harmonised Pre-Screening Scheme of OSPAR Recommendation 2000/4 (Agreement reference number 2002-4)
• Common Interpretation on which Chemicals are Covered and not Covered by the Harmonised Mandatory Control System under OSPAR Decision 2000/2 (Agreement reference number 2002-6)
• OSPAR Guidelines for Toxicity Testing of Substances and Preparations Used and Discharged Offshore (Agreement reference number 2005-12)
• OSPAR Guidelines for Completing the Harmonised Offshore Chemical Notification Format (HOCNF) (Agreement reference number 2012/05)
• OSPAR List of Substances Used and Discharged Offshore which Are Considered to Pose Little or No Risk to the Environment (PLONOR) (Agreement reference number 2013-06)

Copies of the relevant Decisions, Recommendations and Agreements can be found on the OSPAR website at https://www.ospar.org/work-areas/oic

The Offshore Chemicals Regulations 2002 (“OCR”) implemented the original OSPAR HMCS Decision and were amended by the Offshore Chemicals (Amendment) Regulations 2011. The Regulations were also amended in 2005, 2010, 2016 and 2017 by:

• The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005, which introduced provisions relating to enforcement and prohibition notices.
• Article 6 of The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010, which applied the provisions to offshore combustible gas and carbon dioxide unloading and storage operations (in addition to oil and gas operations).
• The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016, which introduced provisions recognising the functions undertaken by the Oil and Gas Authority and a requirement to review the regulations.
• The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017, which introduced a general amendment in relation to fee charging powers.

The regulations require offshore operators to apply for permits for the use and/or discharge of chemicals in the course of all relevant offshore energy activities, including well operations, production operations, pipeline operations, and decommissioning operations.

The 2011 Amendment Regulations extended the provisions to take enforcement action in the event of any unintentional offshore chemical release, and also:

• extended the information-gathering powers so that information can be obtained from a wider range of persons and in relation to a wider range of incidents;
• simplified the process for varying permits or transferring them to other operators; and
• more closely aligned the regulations with the Offshore Petroleum (Oil Pollution Prevention and Control) Regulations 2005 (as amended)

Regulations

• Offshore Chemical Regulations 2002
• Offshore Chemicals (Amendment) Regulations 2011
• 
  Unofficial consolidated version of the regulations incorporating amendments
  (PDF, 129KB, 15 pages)
  

Guidance

• 
  Guidance (March 2011)
  (PDF, 497KB, 53 pages)
  

• 
  Offshore chemical regulations FAQ’s
  (MS Word Document, 977KB)
  

• 
  Well Intervention Guidance
  (PDF, 75KB, 2 pages)
  

The OCR Guidance is currently being updated and a revised copy will be issued in due course.

Applications and Determinations

Applications for a chemical permit should be submitted via the UK Energy Portal Environmental Tracking System (PETS). Subsidiary Application Templates (SATs) for chemical permits can be made under the following Master Application Templates (MATs), depending on the nature of the proposed operation – Drilling Operations (DRA), Pipeline Operations (PLA), Production Operations (PRA), Well Intervention Operations (WIA) and Decommissioning Operations (DCA). Operators should email bst@beis.gov.uk if they require further information about PETS.

Interested parties can review records relating to applications and decisions made under the Offshore Chemicals Regulations (OCR) at the Oil and Gas Environmental data page

Reporting requirements

Chemical returns. Chemical use and discharge returns for approvals issued through PETS, including returns relating to the discharge of hydrocarbon chemicals and substitute hydrocarbon chemicals, should be made using the appropriate Environmental Emissions Monitoring System (EEMS) reporting form.

OSPAR Candidates for Substitution. OPRED is required to submit regular implementation reports to the OSPAR Offshore Industry Committee (OIC) in relation to the discharge of chemicals listed in the OSPAR 2004 List of Chemicals for Priority Action and the discharge of chemicals that are identified as Candidates for Substitution. To inform the implementation reports, operators are required to submit annual reports to OPRED detailing the use and discharge of these chemicals during drilling, production, work-over / intervention, pipeline and decommissioning operations, supported by a Technical Justification Report (TJR) for all of the chemicals that are still being used and/or discharged on the UKCS. OPRED will send out documents relating to the reporting requirements every year, and current versions of the documents are available below:

• 
  Substitution chemical annual reporting letter ( updated DEC 2017)
  (PDF, 185KB, 5 pages)
  

• 
  PRA spreadsheet ( updated Dec 2017)
  (MS Excel Spreadsheet, 162KB)
  

• 
  WIA, DRA, PLA and DCA spreadsheet ( updated Dec 2017)
  (MS Excel Spreadsheet, 164KB)
  

• 
  Technical Justification Spreadsheet 2017
  (MS Excel Spreadsheet, 164KB)
  

Non-compliance notification. Non-compliance with permit conditions should be notified by completing the OCR non-compliance notification form and sending it by email to bst@beis.gov.uk. The relevant notification form and current guidance are available below:

• 
  OCR non-compliance notification form
  (MS Word Document, 135KB)
  

• 
  Guidance on the OCR non-compliance notification form
  (MS Word Document, 131KB)
  

For further information please contact the Business Support Team by email at bst@beis.gov.uk or (01224) 254138, or please contact your assigned Environmental Manager.

The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (as amended)

The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (OPPC regulations) prohibit the discharge of oil to sea from offshore oil and gas installations other than in accordance with the terms and conditions of a permit. Operators of offshore installations must identify all planned oil discharges to relevant waters and apply for the appropriate OPPC permits.

The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 extends the provisions of the regulations to offshore gas unloading and storage operations and offshore carbon dioxide storage operations. This extension is, however, subject to geographical limitations to reflect the different devolution settlements relating to these offshore activities.

The Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011 introduced a number of changes to the regulations.This includes a new definition of ‘offshore installation’ to encompass all pipelines, some of which were not previously covered by the OPPC regulations. The amending regulations also introduce the concept of ‘release’ to cover all unintentional oil emissions that occur through accidental spills/leaks or non-operational discharges. Intentional emissions are now clarified as discharges. However, given the OPPC regulations already cover oil spills and leaks, the concept of ‘release’ is incorporated by amendment of the regulations solely to conform with the Offshore Chemicals (Amendment) Regulations 2011.

In addition, the amending OPPC regulations 2011:

• extend OPRED (BEIS) information-gathering powers so information can be obtained from a wider range of persons and in relation to a wider range of incidents
• simplify the consents process for varying permits or transferring them to other operators
• provide additional powers for OPRED (BEIS) inspectors to take appropriate enforcement action in relation to actual or potential leaks and spills of oil

Regulations

• Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005
• Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011
• 
  Unofficial consolidated version of the regulations incorporating all amendments
  (PDF, 122KB, 14 pages)
  

Guidance

• 
  OPPC guidance notes for industry
  (PDF, 349KB, 47 pages)
  

• 
  OPPC Applications Frequently Asked Questions – (updated 12/03/14)
  (PDF, 218KB, 3 pages)
  

• 
  Methodology for the Sampling and Analysis of Produced Water and other Hydrocarbon Discharges
  (PDF, 646KB, 84 pages)
  
  (also see
  Summary of Amendments to the Methodology Document
  (MS Word Document, 36.6KB)
  

• 
  Guidance on OPPC non-compliance notification form
  (MS Word Document, 89KB)
  

Other Useful Information

The Dispersed Oil in Produced Water Trading Scheme

The Dispersed Oil in Produced Water Trading Scheme was cancelled following consultation and then approval from the Secretary of State for Business Enterprise and Regulatory Reform. Visit the National Archives website for background information on the scheme.

Applications and Determinations

Applications for an oil discharge permit should be submitted via the UK Energy Portal Environmental Tracking System (PETS). Operators should email bst@beis.gov.uk if they require further information about PETS. Interested parties can review records relating to applications and decisions made under the OPPC Regulations at the Oil and Gas Environmental data page.

Reporting Requirements

Oil discharge returns. Oil discharge returns for approvals issued through PETS should be made using the appropriate Environmental Emissions Monitoring System (EEMS) reporting form.

Non-compliance notification. Non-compliance with permit conditions should be notified by completing the OPPC non-compliance notification form and sending it by email to bst@beis.gov.uk. The relevant notification form and current guidance are available below:

• 
  OPPC non-compliance notification form
  (MS Word Document, 83KB)
  

• 
  Guidance on OPPC non-compliance notification form
  (MS Word Document, 89KB)
  

For further information please contact the Business Support Team by email at bst@beis.gov.uk or 01224 254138

The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 (“the Offshore (PPC) Regulations 2013”) came in to force on 19 May 2013.

The Offshore (PPC) Regulations 2013 transpose the relevant provisions of the Industrial Emissions Directive 2010/75/EU (“the IED”) in respect to specific atmospheric pollutants from combustion installations (with a thermal capacity rating ≥ 50 MW) on offshore platforms undertaking activities involving oil and gas production and gas and carbon dioxide unloading and storage. In this context, the obligations of the Offshore (PPC) Regulations 2013 on the offshore oil and gas industry basically mirror those of the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 (as amended).

The Explanatory Memorandum fully describes the scope and other aspects associated with the Offshore (PPC) Regulations 2013. The Offshore (PPC) Regulations 2013 apply to those offshore combustion installations where a permit for their use is applied for and granted after 19 May 2013 – please note important points under the ‘Guidance’ heading below. As required by the IED, the existing 2001 Regulations (as amended) will continue to apply to offshore combustion installations which already have a permit before the Offshore (PPC) Regulations 2013 came into force or where a permit was applied for before the 19 May 2013 and it was subsequently granted. Subject to transitional provisions, the existing 2001 Regulations (as amended) will cease to apply after 07 January 2014.

Regulations

• The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013
• The Offshore Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations 2007
• The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001
• 
  Offshore Combustion Installation Regulations Charging Scheme
  (PDF, 224KB, 10 pages)
  

The 2013 Regulations include a statutory duty to undertake a Post Implementation Review and publish the report by 19th May 2018, five years after the Regulations came in to force. The review is published here.

• 
  The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 – Post Implementation Review
  (PDF, 81.4KB, 4 pages)
  

Guidance

OPRED (BEIS) will be revising the Guidance Notes to the 2001 Regulations (as amended) and the guidance / forms pertaining to ‘PPC permit applications and reporting requirements’ in order to reflect the obligations of the Offshore (PPC) Regulations 2013. The offshore industry will be consulted – by the end of July / early August 2013 – on drafts of the revised documentation before updated versions are formally published. If, prior to the revised documentation being made available, any Operators need to apply for a new permit under the Offshore (PPC) Regulations 2013 then they should use the existing application form. See links below to the extant Guidance Notes, the present guidance / forms for permit applications and reporting requirements, and other related information.

• 
  Regulatory Impact Assessment
  (MS Word Document, 48KB)
  

• 
  Guidance on Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001
  (PDF, 353KB, 80 pages)
  

Graphics and diagrams

The following graphics and diagrams are referred to in the guidance document:

IPPC flowchart

• 
  IPPC flow chart: combustion plant
  (MS Powerpoint Presentation, 45KB)
  

Combustion graphs

• 
  Indicative comparison between DLE and conventional combustion
  (PDF, 90.3KB, 1 page)
  

• 
  Gas turbines: influence of temperature on CO2 and NOx emissions
  (PDF, 51.2KB, 1 page)
  

Vendor turbine graphics

• 
  Gas turbines: dual fuel DLE combustor concept
  (PDF, 165KB, 1 page)
  

• 
  Rolls Royce RB211 with advanced combustors
  (PDF, 210KB, 1 page)
  

• 
  Workshop view of Rolls Royce RB211 with advanced combustors
  (PDF, 262KB, 1 page)
  

• 
  Tornado gas turbine package
  (PDF, 157KB, 1 page)
  

• 
  Alstom low emission gas turbine package
  (PDF, 199KB, 1 page)
  

Project reports

• 
  Large Combustion Plant Stack monitoring industry letter
  (PDF, 73.2KB, 1 page)
  

• 
  Offshore emissions monitoring guidance (v3, December 2016)
  (PDF, 691KB, 56 pages)
  

• 
  Guidance on energy assessment methodology
  (PDF, 138KB, 18 pages)
  

Application form

• 
  PPC application form
  (MS Word Document, 351KB)
  

• 
  PPC draft permit and conditions
  (PDF, 221KB, 8 pages)
  

Reporting requirements

• 
  PPC non-compliance notification form
  (MS Word Document, 36KB)
  

• 
  Guidance on the PPC non-compliance notification form
  (MS Word Document, 43KB)
  

For further information please contact the Business Support Team by e-mail at bst@beis.gov.uk or please contact your assigned Environmental Manager.

Environmental Inspection Plans 2014 onwards

• 
  Environmental Inspection Plan 2018
  (PDF, 270KB, 3 pages)
  

• 
  Environmental Inspection Plan 2017
  (PDF, 96KB, 3 pages)
  

• 
  Environmental Inspection Plan 2016
  (PDF, 168KB, 3 pages)
  

• 
  Environmental Inspection Plan 2015
  (PDF, 83.5KB, 3 pages)
  

• 
  Environmental Inspection Plan 2014
  (PDF, 161KB, 3 pages)
  

PPC Inspection Letters Issued

• 
  PPC Inspection Letters Issued in 2018
  (MS Excel Spreadsheet, 9.95KB)
  

• 
  PPC Inspection Letters Issued in 2017
  (MS Excel Spreadsheet, 10.9KB)
  

• 
  PPC Inspection Letters Issued in 2016 (Updated April 2017)
  (PDF, 110KB, 1 page)
  

• 
  PPC Inspection Letters Issued in 2014 and 2015
  (PDF, 126KB, 2 pages)
  

Please contact the Business Support Team should you have any queries relating to these letters, or wish more information.

The Greenhouse Gases Emissions Trading Scheme (ETS)

Guidance for EU-ETS Emissions Phase III

Applications must be submitted for all qualifying installations undertaking specified activities that emit specified greenhouse gases, as detailed in schedule 1 of the ETS regulations. For the purpose of these regulations, an installation comprises any ‘stationary technical unit’ where one or more schedule 1 activities, and any ‘directly associated activities’, are carried out.

• read the Greenhouse Gas Emissions Trading Scheme Regulations 2005

• 
  Greenhouse Gas Emissions Trading Scheme Regulations 2005: explanatory notes
  (MS Word Document, 232KB)
  

• UK National Implementation Measures (NIMs): provisional indicative allocations for UK installations
• 
  Greenhouse Gas Emissions Trading Scheme Regulations Charging Scheme
  (PDF, 225KB, 10 pages)
  

The third link above shows indicative allocations to each UK installation with the factor taken into account. We are providing this list now to enable operators to assess the impact of the factor. The list is provisional and does not represent the confirmed free allocation to installations. Further work is required to check and finalize allocations, including to take account of adjustments arising from capacity changes since 2011 and changes to carbon leakage status, and to transfer the data into the Registry. This process, including final clearance by the European Commission, is expected to take around two months. We anticipate moving allowances into operators’ registry accounts around November 2013

EU Emissions Trading Scheme phase III

The Greenhouse Gas Emissions Trading Scheme Regulations 2012 (2012 Regulations) require that operators must notify the regulator of changes in activity levels which occurred during the year. Where you have not had any changes in activity level, you are required to submit a NIL return

You must complete and submit the OPRED (BEIS) Change in Activity Notification form before 00:00 on 31 December 2013 completing separate notifications for each EU-ETS Permit held. Please note this deadline is stipulated in the Regulations and failure to Notify the Department and submit the relevant NE&C Change of Activity form (if relevant) by the 31 December could be regarded as a non-compliance.

The Notification Form asks you to identify whether the Installation has had a capacity reduction as per Schedule 6 (6), full cessation of activity as per Schedule 6 (7) or a partial cessation of activity as per Schedule 6 (8) of the 2012 Regulations, during the year. If the answer is ‘No’ simply complete the form and return to emt@beis.gov.uk
If the answer to any of those questions is ‘Yes’ you must then consider if this could have an impact on the NIMs allocation of allowances for a qualifying sub-installation. If the answer is ‘No’ simply complete the form and return to bst@beis.gov.uk.

If the answer is ‘Yes’ and the change of activity could have an impact on the NIMs allocation of allowances for a qualifying sub-installation, you will also need to complete the EU Commission New Entrants & Closures (Change of Activity) form for recording and amending the amounts allocated for free in case of significant capacity reductions, cessations and partial cessations of installations. The form is available at https://www.gov.uk/oil-and-gas-offshore-environmental-legislation#the-greenhouse-gases-emissions-trading-scheme-ets

Please complete and return the DECC-OGED Change of Activity Notification form and the NE&C form if relevant to the Business Support Team by e-mail at the address above before 00:00 (UK Time) on 31 December 2013.

The UK Regulators have determined that allowances will be held in reserve until the notification form is received. Please note, notification of significant capacity reductions should be accompanied by a verification statement.

This following document outlines the appeals process under the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (SI 2012/3038), and applies to any appeals made which relate to the 2013 reporting year onwards.

• 
  EU Emissions Trading System – Appeals Guidance
  (PDF, 425KB, 19 pages)
  

EU ETS non-compliance

The EU ETS Directive requires Member States to put in place a system of penalties which is effective, proportionate and dissuasive but the nature of the penalties is largely left to Member State discretion (with the exception of the penalty for failure to surrender sufficient allowances in certain circumstances).

The Greenhouse Gas Emissions Trading System Regulations 2012 set out the civil penalties to which a person is liable if they do not comply with the EU ETS. DECC has produced the guidance below for the offshore oil and gas industry detailing the Department’s approach to enforcement and sanctions.

EU Emissions Trading System – DECC Civil Sanctions Guidance to Industry
(PDF, 152KB, 10 pages)

EU_ETS_Civil_Penalties_details_
(MS Excel Spreadsheet, 11.7KB)

The EU Commission form

The reporting form for (New Entrant Reserve applications) significant capacity reductions, cessations and partial cessations has been designed by the EU Commission for ALL operations and therefore there are a number of pages that are irrelevant for the offshore industry. Please do NOT try to modify this form.

There is a significant amount of guidance within the form and you are advised to carefully read and follow the relevant instructions within Tab B: ‘Guidelines and conditions’, and within the subsequent pages. As you complete the form (yellow boxes) information will be auto-populated into other relevant sections. The form will also automatically calculate allowances (green boxes) eg in the Partial Cessation section. You are specifically advised NOT to ‘cut and paste’ information as this will lead to unintended modifications within formulae. If you experience any issues with the form please contact the Business Support Team.

When the department receives your completed form, you will receive an acknowledgement. The information provided will be assessed and we will inform you of any anticipated changes to your allowances. All forms received will be collated and forwarded to the Commission for the final determination of allowances.

Even if you are not required to complete the EU Commission form at this time, operators are advised to familiarise themselves with this form, as this will be relevant for all operators in the future.

If you have any comments or queries please contact the Business Support Team.

• 
  EU-ETS 2012 Commission Regulation No. 601/2012 on the Monitoring and Reporting of Greenhouse Gas Emissions (MRR)
  (PDF, 1.47MB, 75 pages)
  

• 
  Phase III Offline Monitoring Plan Template
  (MS Excel Spreadsheet, 500KB)
  
  (To be submitted to DECC by 30 September 2012)
• 
  DECC OGED MRR Guidance for Phase III Monitoring & Reporting Plan
  (PDF, 109KB, 15 pages)
  
  (September 2012)
• 
  General guidance for Installations MRR Guidance Document No.1
  (PDF, 2.24MB, 84 pages)
  
  (July 2012)
• 
  MRR GD No.4 – Guidance on Uncertainty Assessment
  (PDF, 1020KB, 45 pages)
  
  (July 2012)
• 
  MMR GD No 5 – Guidance on Sampling and Analysis
  (PDF, 714KB, 35 pages)
  
  (October 2012)
• 
  Phase III Monitoring Plans – Further Guidance
  (PDF, 11.2KB, 1 page)
  
  (31 July 2012)

• 
  Phase III New Entrant Reserve or Increased Capacity Applications
  (PDF, 78.3KB, 1 page)
  

• 
  ETSWAP industry user guidance
  (PDF, 704KB, 18 pages)
  
  (August 2014)

• 
  ETSWAP – Online System (Letter to Operators June 2012)
  (PDF, 102KB, 2 pages)
  

• 
  EA EU-ETS Newsletter – Including Phase III Factsheet
  (PDF, 186KB, 3 pages)
  

• 
  EU-ETS Phase III Offshore Site Visits & Waivers – (updated Sept 2015)
  (PDF, 287KB, 2 pages)
  

• 
  New Entrance and Closures Spreadsheet
  (MS Excel Spreadsheet, 2.16MB)
  

• 
  Guidance Phase III NEC Partial Cessations
  (PDF, 590KB, 23 pages)
  

• 
  OPRED Activity Level Assessment Tool
  (MS Excel Spreadsheet, 52.8KB)
  

Annual Emissions Report

Further to our advice of the use of the ETS7 form for the submission of annual emission reports for 2013, regretfully we have identified that this form does not fully conform to Phase III requirements. Therefore operators should make their annual emissions report on the Commission templates; Template No. 4 Annual Emissions Report of stationery source Installations (See under sub-section Monitoring and Reporting Regulation (MRR) Guidance and Templates).

Verifiers should complete their Verified Opinion Statements on the following complimentary Commission template; Verification report template (See under sub-section Monitoring and Reporting Regulation (MRR) Guidance and Templates).

It is imperative that Annual reports for 2013 are provided and verified within these two templates by 31 March 2014.

Do not amend any of the formatting of the Commission Forms. This will aid in the migration of your data to the ETSWAP system later this year.

Recommended Improvement Report

The Department is now advising that the Recommended (or Annual ) Improvement Report, whichever is appropriate, should be made on the Commission template: Template No 7: Improvement Report for Stationary Installations.

Link for the Template See under sub-section ‘Monitoring and Reporting Regulation (MRR) Guidance and Templates’.

It is imperative that Annual or Recommended Improvement Reports are submitted to the Department no later than 30 June 2014.

Please do not amend any of the formatting of the Commission Form. This will aid in the migration of your data to the ETSWAP system later this year. If you have any queries please do not hesitate to contact bst@beis.gov.uk

For further information please contact the Business Support Team at bst@beis.gov.uk

Supplementary material from the seminar held at Carmelite Hotel in Aberdeen on 26 May 2010.

• 
  Presentation on Phase III of the EU ETS
  (MS Powerpoint Presentation, 794KB)
  

• 
  Presentation on CRC Energy Efficiency Scheme
  (MS Powerpoint Presentation, 872KB)
  

• 
  Q&A about Phase III
  (PDF, 86.1KB, 9 pages)
  

EU ETS phase II

Installations starting new entrant activities after 31 December 2007 and before 1 January 2013 can apply to the Phase II NER. All applications will require independent verification, including those from Later Phase I New Entrants, where the input data used in the benchmarking spreadsheet has changed from that used in the Phase I NER application. Further guidance is available on the DECC website.

• 
  Application form for Phase II Greenhouse Gas EU ETS permit (ETS1)
  (MS Word Document, 175KB)
  

• 
  NER application form
  (MS Excel Spreadsheet, 57.5KB)
  

• 
  Verification opinion template
  (MS Excel Spreadsheet, 77.5KB)
  

• 
  Benchmarking spreadsheet
  (MS Excel Spreadsheet, 536KB)
  

• 
  FAQs on monitoring and reporting plans
  (MS Excel Spreadsheet, 536KB)
  

• 
  Monitoring and reporting plan template (ETS2)
  (MS Excel Spreadsheet, 332KB)
  

• 
  Metering guidance for offshore oil and gas production facilities
  (PDF, 168KB, 25 pages)
  

Energy Savings Opportunity Scheme 2014

The Energy Savings Opportunity Scheme Regulations (ESOS) 2014 has been introduced to implement Article 8 of the Energy Efficiency Directive 2012/27/EU. ESOS is a mandatory energy assessment and energy saving identification scheme applicable to the offshore oil and gas industry sector.

The scheme requires an audit to be undertaken once every four years to identify cost-effective energy efficiency measures. Phase 2 commenced on 6 December 2015, with the qualification date for participants of 31 December 2018, and the compliance date of 5 December 2019. Compliance must be notified to the Scheme Administrator (Environment Agency) using the online notification system.

Regulations

• Energy Savings Opportunity Scheme 2014
• The Energy Savings Opportunity Scheme (Amendment) Regulations (2015)

Guidance

BEIS-OPRED guidance is specific for the offshore oil and gas industry sector and should a scheme participant require guidance for onshore industries please refer to the Environment Agency’s guidance.

• 
  ESOS guidance notes for the offshore oil and gas industry v3.0 (September 2018)
  (PDF, 789KB, 68 pages)
  

Reporting Requirements

The online notification system will be available for scheme participants to notify completion of the required audit. It is the scheme participant’s responsibility to ensure compliance with the ESOS Regulations and to submit their notification by the required deadline. Please see Appendix A of the BEIS-OPRED guidance for information relating to completing the notification form.

Late notification submissions for Phase I compliance

If scheme participants are unable to meet a compliance deadline, this should be recorded in advance of the deadline using the online form, explaining why the compliance deadline will be missed and when you expect to be compliant. Participants should also hold a record of the action taken to date to achieve compliance, including details of the appointment of a lead assessor, and retain a copy of the late notification submission, as they may be requested to provide the evidence pack to confirm that they are working towards compliance.

Scheme participants that qualify who do not notify a delay in compliance will be in breach of the ESOS Regulations and will risk enforcement action.

For further information please contact the Business Support Team by e-mail at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager.

The Marine and Coastal Access Act 2009

Marine Licensing

The introduction of the Marine and Coastal Access Act (MCAA) 2009 has introduced a marine licensing system. The licensable activities include the deposit and removal of materials, the disturbance of the seabed, and the use of explosives. BEIS is the licensing authority for reserved offshore energy related activities.

The vast majority of offshore energy activities relating to oil and gas exploration and production, gas unloading and storage, and carbon dioxide storage operations are controlled under the Petroleum Act 1998 (as amended) or the Energy Act 2008, and are specifically excluded from the marine licensing provisions under Part 4, section 77 of the MCAA. Therefore, operations that can be controlled under the Petroleum Act 1998 or the Energy Act 2008; or are exempted under the Marine Licensing (Exempted Activities) Order 2011 (as amended), do not require a MCAA licence. The activities that are not excluded and require a MCAA licence are mainly related to decommissioning operations.

Guidance in relation to those offshore energy activities that are covered by the MCAA marine licensing regime is currently being developed. In the interim, please contact the Business SupportTeam (bst@beis.gov.uk) if you have any questions.

Application form

• Application for a Marine Licence – handled by the UK Oil Portal

Reporting Requirements

• Authorised return forms are currently under preparation and will be added to the EEMS reporting system accessed via the UK Oil Portal

Marine Planning

In addition to the licensing system for the carrying out of activities in the marine environment, the MCAA also introduced a new system of marine management, comprising the UK Marine Policy Statement and the production of marine plans. Marine planning is currently being developed via regional marine plans in England, whilst the Devolved Administrations of Wales, Scotland and Northern Ireland are currently developing national marine plans. Scotland’s National Marine Plan will also be supplemented by eleven regional plans. Further information on marine planning, including links to relevant UK and national documents and guidance on how the plans should be addressed in environmental applications, can be found here:

• 
  Update on Marine Planning in the UK – Guidance Note to Operators – Offshore Oil and Gas Sector Aug 2018
  (MS Word Document, 92.6KB)
  

Regulations

• Marine and Coastal Access Act 2009
• The Marine Licensing (Exempted Activities) Order 2011
• The Marine Licensing (Exempted Activities) (Amendment) Order 2013
• The Marine Works (Environmental Impact Assessment) Regulations 2007
• The Marine Works (Environmental Impact Assessment) (Amendment) Regulation 2011

For further information please contact the Business Support Team by e-mail at bst@beis.gov.uk or your assigned Environmental Manager.

The Food and Environment Protection Act 1985, Part II Deposits in the Sea

The Food and Environmental Protection Act (FEPA), Part II Deposits in the Sea, used to cover the discharge or placement of substances or articles in the sea or on the seabed where the deposits could not be covered by other legislation. Following the introduction of the licensing provisions of the Marine and Coastal Access Act 2009, on 6 April 2011, it was dis-applied in English and Welsh waters and offshore waters adjacent to Scotland. However, FEPA Part II still applies in Scottish territorial waters, between the 3 NM Scottish controlled waters limit and the 12 NM Scottish territorial sea limit, where OPRED (BEIS) will remain the licensing authority. For activities within Scottish controlled waters, the Scottish Government is the licensing authority and the Marine (Scotland) Act 2010 is the relevant controlling legislation.

The vast majority of offshore energy activities relating to oil and gas exploration and production, gas unloading and storage, and carbon dioxide storage operations are controlled under the Petroleum Act 1998 (as amended) or the Energy Act 2008, and are specifically excluded from the marine licensing provisions of both the Marine and Coastal Access Act 2009 (MCAA) and the Marine (Scotland) Act 2010 (MSA). Information in relation to exceptions where it may be necessary to obtain a FEPA Part II licence will be included in the MCAA guidance.

Regulations

• The Food and Environment Protection Act 1985

Application form

• Application for a FEPA Licence can be made using the Marine Licence application – handled by the UK Oil Portal

For further information please contact the Business Support Team by e-mail at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager.

The Energy Act 2008, Part 4A Consent to Locate

The Department of Energy and Climate Change (DECC) assumed responsibility for administration of Section 34 of The Coast Protection Act 1949 (CPA) in relation to offshore oil and gas operations on behalf of the Department for Transport (DfT) in October 2005. As of April 2011, the Consent to Locate (CtL) provisions of Section 34 of the CPA were incorporated into The Marine and Coastal Access Act 2009 (MCAA). The MCAA provided a regulatory framework for a new marine licensing regime that included consideration of works detrimental to navigation. Although the MCAA licensing regime applies to a number of offshore oil and gas operations, including the disturbance of the seabed and the deposit and removal of substances or articles during the course of decommissioning operations, Section 77 of the MCAA excludes the vast majority of offshore oil and gas operations and carbon dioxide storage operations controlled under The Petroleum Act 1998 (PA) or The Energy Act 2008 (EA). To maintain the CtL provisions for these excluded operations, Section 314 of the MCAA created a new Part 4A of the EA, transferring the provisions of Section 34 of the CPA to the EA and transferring regulatory competence from DfT to OPRED (BEIS).

The issue of a CtL to an individual or organisation by the Secretary of State under Part 4A of the EA allows installation of the proposed offshore structure or operations providing they are undertaken in accordance with the consent conditions. It allows OPRED (BEIS) to insist upon the provision of navigational markings that are considered appropriate for the proposed offshore structure or operations.

Regulations

• Part 4A of the Energy Act 2008

Consultation

OPRED (BEIS) have revised the procedures that were in place under the CPA, to ensure that the consenting process under Part 4A of the EA reflected the specific requirements of the operations that are covered by the MCAA exclusion. The revision accounted for requirements set out in Part 4A of the EA and the development of offshore practices that were not envisaged when the CPA was drafted. It has also taken into account the views of the bodies consulted on navigational matters prior to issuing Consents to Locate. OPRED (BEIS) has now completed its revision, and the new consenting process was subject to consultation which ended on 30 November 2012.

• 
  Consultation Document
  (PDF, 563KB, 50 pages)
  

• Letters to industry:

  • 
    Industry letter on Pipeline Systems dated 18 April 2013
    (PDF, 67KB, 3 pages)
    

  • 
    Industry letter on Surface Installation dated 19 April 2013
    (PDF, 59KB, 2 pages)
    

• 
  DECC response to consultation document
  (PDF, 234KB, 29 pages)
  

Guidance

• 
  Guidance on Consent to Locate Application Types
  (PDF, 15.7KB, 1 page)
  

Detailed guidance is in the process of being updated to address comments received through the consultation process. In the interim, please refer to the OPRED (BEIS) response document for further information or contact the Business Support Team if you have any questions.

Application forms

• Consent to Locate Application Form – handled by the UK Oil Portal

Reporting requirements

• 
  PON10 Reporting Form , Update October 2018
  (MS Word Document, 39.5KB)
  

Useful documents

• 
  Standard Marking Schedule
  (PDF, 38.6KB, 4 pages)
  

• 
  General Lighthouse Authority Areas
  (PDF, 277KB, 1 page)
  

Useful Links

• International Association of Marine Aids to Navigation and Lighthouse Authorities
• Trinity House
• Northern Lighthouse Board
• Commissioner of Irish Lights
• Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995: Guidance on Identification of Offshore Installations

For further information please contact the Business Support Team by email at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager.

The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010

The Energy Act 2008 makes provision under Part 1, Chapter 2 for the regulation of gas importation and storage through a licensing and enforcement regime for combustible gas. The Offshore Gas Storage and Unloading (Licensing) Regulations 2009, made under Part 1 of the Energy Act 2008, came into force on the 13 November 2009.

The Energy Act 2008 also makes provision under Part 1, Chapter 3 for the regulation of the storage of carbon dioxide (with a view to its permanent disposal or as an interim measure prior to its permanent disposal), through a licensing and enforcement regime. The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010, made under Part 1 of the Energy Act 2008, came into force on the 01 October 2010.

Following enactment of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010, which came into force on 01 July 2010 the provisions of the following regulations now also apply to gas unloading and storage, and carbon dioxide storage as they do to oil and gas activities. This extension is, however, subject to geographical limitations to reflect the different devolution settlements relating to offshore activities.

For further information please contact the Business Support Team by e-mail at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager.

• The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended)
• The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (as amended)
• The Offshore Marine Conservation (Natural Habitats, & c.) Regulations 2007 (as amended)
• The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 (as amended)
• The Offshore Installations (Emergency Pollution Control) Regulations 2002 (as amended)
• The Offshore Chemical Regulations 2002 (as amended)
• The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (as amended)
• The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (as amended)
• The REACH Enforcement Regulations 2008 (as amended)
• The Fluorinated Greenhouse Gases Regulations 2009 (as amended)

The Order

• The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010