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What it is

Safety rules for offshore oil and gas exploration and production

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 17 November 2017. Introduced by: Gobierno.

Official title: Royal Decree-Law 16/2017, of November 17, establishing safety provisions in the research and exploitation of hydrocarbons in the marine environment.

Source: Congreso de los Diputados, file 130/000022· updated 11 Nov

Automatic summary, not yet reviewed

  1. This rule sets minimum safety requirements for offshore hydrocarbon exploration and production operations, to prevent major accidents and limit their consequences. It incorporates into Spanish law EU Directive 2013/30/UE, whose late transposition exposed Spain to financial penalties.
  2. It creates the figure of the offshore operator, who bears primary responsibility for safety, and requires license and concession holders to prove technical and financial capacity and provide a guarantee covering environmental liabilities. The competent authority may object to the proposed operator.
  3. Operations cannot start or resume until ACSOM Competent Authority for the Safety of Offshore Operations in hydrocarbons matters, the body that oversees the safety of these projects. accepts the report on major accident risks. That report is reviewed every five years and must be accompanied by an internal emergency plan and an independent verification of the project design.
  4. ACSOM is the authority that oversees compliance and may require improvements and suspend or ban operations if safety is not guaranteed. It must act independently and free of conflicts of interest, and until it is set up (or there are fewer than six installations) its functions are performed by several ministries.
  5. A penalty system is established with fines of up to €600,000 for minor offenses, €6 million for serious ones and €30 million for very serious ones, which can also lead to the termination of licenses and concessions. Spanish companies operating outside the European Union must report major accidents in which they are involved.
  6. Holders and operators with existing licenses and concessions, and existing installations, must adapt to the rule within six months of its entry into force, which is the same day it is published in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Holders of offshore hydrocarbon exploration licenses and production concessions: They must prove technical and financial capacity, provide environmental guarantees and answer if the operator fails to comply.
  • Offshore operators and owners of non-production installations: They bear primary safety responsibility, prepare risk reports and emergency plans, and may suspend activities over risk.
  • Installation workers and their contractors: Their representatives are consulted when preparing the risk report and can use ACSOM's confidential reporting channel.
  • Ministries with relevant powers: They perform ACSOM's functions until it is established, when there are six or more installations.

Words worth knowing

Título demanial
License or concession granting the right to explore for or produce hydrocarbons in a given area.
ACSOM
Competent Authority for the Safety of Offshore Operations in hydrocarbons matters, the body that oversees the safety of these projects.
Informe sobre riesgos de accidentes graves
Report on major accident risks and the measures to prevent them or limit their effects; ACSOM must accept it.
Verificador independiente
Independent technical auditor who reviews the project design and flags any risks not fully addressed.
Medio marino
Spain's internal waters, territorial sea, exclusive economic zone and continental shelf, including the seabed and its subsoil.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced17 November 2017Someone registers the text in the Congreso.
  2. Admitted21 November 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary21 November 2017All 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Nov 201711. 17 November 2017: Presentación22. 21 November 2017: Calificación33. 21 November 2017: Pleno Convalidación desde 21/11/2017 hasta 30/11/201744. 30 November 2017: Concluido - (Convalidado) desde 30/11/2017 hasta 14/12/2017

30 November 2017

How did the plenary vote?

More votes against 122 yes · 211 no · 1 abst.

Voted on: Processing as a Government bill by the urgent procedure of Royal Decree-Law 16/2017, of November 17, establishing safety provisions in the exploration and exploitation of hydrocarbons in the marine environment.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 9 of sitting 92· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-em and GER. Against, most of Socialista and Popular en el Congreso. 4 deputies voted differently from their group.

By province: in 7 most voted in favour; in 44, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 7
  • Against: 44
  • Tie: 1
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
1 in favour · 80 against · 3 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto19
14 in favour · 2 against · 1 abst. · 2 did not vote
Ciudadanos32
30 in favour · 2 did not vote
Gcup-ec-em67
66 in favour · 1 did not vote
GER9
6 in favour · 3 did not vote
Popular en el Congreso134
129 against · 5 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 16/2017, of November 17, establishing safety provisions in the research and exploitation of hydrocarbons in the marine environment.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.