Important changes concerning the issue of permits in the Netherlands
From 1 January 2013 amended forms are applicable for requesting a permit or to notify the use and discharge of chemicals during offshore activities. These requests and notifications have to be made by operators on the basis of paragraph 9.2 of the Mining Regulations. For onshore drilling operations in the Netherlands a similar procedure is implemented.
The current forms are amended according to the latest agreements within the framework of the OSPAR Convention between countries, that have oil and gas activities in the North Sea. In addition, the EU REACH, CLP, and Biocides Regulations are also applicable. A permit or a notification for the use and discharge of chemicals offshore must not be in conflict with the above EU Regulations.
In Annex 1A of the forms, the OSPAR information must be entered. In the new Annex 1B, information required by REACH, GHS and the EU Biocides Regulations has to be provided. This information is necessary to assess whether the request for a permit or a notification is admissible on the basis of paragraphs 9.2 and 9.3 of the Mining Regulations.
The forms and attachments have been agreed with the representative body of the Dutch oil and gas industry, i.e. NOGEPA, and the European suppliers of offshore chemicals (EOSCA). Furthermore, it was agreed that these forms and attachments will be used for a trial period of one year starting 1 January 2013. During this trial period an evaluation will take place and, if necessary, the forms and attachments modified.
The Department of Energy & Climate Change (DECC) of the United Kingdom supports the use of Annex 1B, and will monitor the trial with a view to adopting this format for UK use.
Use of the forms in case of requests for a permit or to notify the use and discharge of offshore chemicals within the framework of OSPAR
The operator shall, in accordance to section 9.2 of the Mining Regulations, use the amended forms, including Annex 1A, for requesting a permit or to notify the use and discharge of offshore chemicals. The forms and attachments can be found on the following website: http://www.sodm.nl/
The supplier has also a duty to complete part of Annex 1B. The operator shall ensure that the supplier is informed of this procedure and of the website where Annex 1B can be found.
Onshore drilling operations in the Netherlands
For drilling activities onshore, Article 42 of the Decree on general environmental mining rules requires that Safety Data Sheets of Hazardous chemicals are available on the mobile drilling rig. From the 1st of January 2013 SSM, as enforcer, requires the operator to report the use of hazardous chemicals four weeks before the start of the activities. For this a form (available from the website http://www.sodm.nl/) must be used by the operator to report the use of hazardous chemicals during these activities.
In this new form the operator must provide information to assess the compliance with the REACH -, CLP - and EU Biocides Regulations prior to the commencement of the drilling activities.
The supplier has also a duty to complete part of the relevant form. The operator shall ensure that the supplier is informed of this procedure and of the website where the form can be found.
Duties of the suppliers
Suppliers shall complete a part of Annex 1B or, for onshore drilling operations, complete a part of the relevant form. These duties are shown in the flowchart available from the SodM web site. The flowchart indicates who, what, where and which information must be entered on the form.