The Macondo Oil Spill : Blessing in Disguise for an Environmental-Friendly Future of European Waters? Environmental Liability for Offshore Oil Drilling in the EU

The BP oil spill in the Gulf of Mexico in 2010 raised worldwide concerns about the safety and liability of offshore drilling. The EU, having a significant number of offshore oil and gas drilling installations under a currently complex and fragmented legislative framework, was alerted. In the fall of 2011, the Commission proposed a new regulation on uniform high safety offshore standards. In the light of that proposal, this article examines the current regime for environmental liability for oil spills from offshore drilling activities at EU-level. The Environmental Liability Directive (ELD) and Waste Framework Directive will be discussed, as well as industry initiatives such as OPOL. Particular focus will be given to the strict liability regime and financial security of operators. Indicated weaknesses are the limited territorial application of the directives; the lack of clear standards on financial capacity and security for operators of offshore facilities; and the exclusion of civil damages from the scope of the European Directives. The Commission proposal, while extending the territorial application of the ELD, failed to include the issues of civil liability as well as financial capacity and security of operators – but will continue its analysis on these points. When it comes to a comprehensive environmental liability regime for offshore facilities, uniform standards are hence still to be awaited for