Renewable Energy Sources
For RES projects, which do not fall under the above Law, the Department gives opinions within the framework of consulting with the Planning Authority.
Hydrocarbons
It is a fact that hydrocarbon activities are increasing in the Mediterranean and the region is particularly vulnerable due to its semi-closed shape and its significant seismicity. The environmental, economic and social damage caused by a large oil spill affects marine and coastal areas, regardless of national borders.
The explosion of the Deepwater Horizon drilling rig in the Gulf of Mexico in 2010 and the ensuing huge oil spill caused significant environmental, economic and social damage. The European Union seeing this accident as a lesson and keeping in mind that the hydrocarbon research goes into more complex environments that are characterized by deposits of high pressure, high temperature, greater depths and/or extreme climatic conditions that may complicate the handling of underwater facilities and response to incidents, had a vital interest to prevent a similar disaster and to proceed to the following major steps:
1st: In 2013, the EU ratified the Protocol of the Barcelona Convention for the protection of the Mediterranean Sea against pollution from offshore exploration and exploitation of hydrocarbons. The “Offshore Protocol” enforces certain conditions to be met before allowing the beginning of activities. It covers a wide range of exploration and exploitation activities and touches upon permit requirements, the removal of abandoned or disused installations, the use and removal of harmful substances, and safety, contingency planning and monitoring.
2nd: In 2013, the EU issued the Directive on safety of offshore oil and gas operations (2013/30/EU). An important step towards safer offshore activities, benefitting the citizens and the environment, which sets clear rules covering any type of research and production activities, from planning to the final removal of an oil or natural gas rig and sets the requirements for an effective prevention and handling of a major accident.
Recognising the importance of the uniqueness and diversity of the Mediterranean Sea, 16 Mediterranean countries adopted the Barcelona Convention and its 7 Protocols in 1976, one of which is the Protocol for the Protection of the Mediterranean Sea against Pollution Resulting from Exploration and Exploitation of the Continental Shelf and the Seabed and its Subsoil (The Offshore Protocol). The Offshore Protocol was adopted in Madrid on 14 October 1995 and approved by the Decision of the Council of Ministers of the Government of the Republic of Cyprus No. 51,944 on 14 June 2000.
The Offshore Protocol covers a wide range of activities of exploration and exploitation of marine mineral resources, and is stated, inter alia, in approval requirements, in the removal of facilities that have been abandoned or have ceased to be used, in the use and removal of harmful substances, in liability and compensation claims and in coordination with other parties to the Barcelona Convention at a regional level.
The parties to the Protocol are obliged, unilaterally or through bilateral or multilateral cooperation, to adopt all appropriate measures to prevent, reduce, combat and control pollution under the Protocol, which is caused by offshore exploration and exploitation. They are also committed to use the best available techniques that are environmentally effective and economically feasible.
The responsibility for implementing certain detailed protocol measures, such as the national monitoring system, lies with the countries and their competent authorities.
The ratifying Law of Cyprus is the Convention for the Protection of the Mediterranean Sea against Pollution and Relevant Protocols (Ratification) (Amending) Law of 2001 (Law 20(III)/2001), which amends the Law on the Convention for the Protection of Mediterranean Sea against Pollution and Relevant Protocols (Ratification) Law of 1979 (Law 51/79).
The Offshore Protocol entered into force in 2011 and since then the Republic of Cyprus has been issuing permits under its provisions.
Four exploration drills have already been carried out in the Exclusive Economic Zone of Cyprus and this number is expected to increase. In addition to drilling, permits have been issued for seismic and sampling surveys.
Operators who have already obtained a permit to prospect and / or explore for and / or exploit hydrocarbons in a geographical area under the Hydrocarbons (Prospection, Exploration and Exploitation) Laws 2007 to 2015 may contact the Department of Environment for guidance on the submission of their application for a permit in accordance with the Offshore Protocol which must be ensured prior to commencement of such work and / or arrangement of a relevant meeting.
The basic provisions of Directive 2013/30/EU concern measures and implement safety management systems for preventing major accidents and limiting their consequences. The Directive also includes provisions on licensing and external emergency plans. By preventing major accidents, as defined in the Directive, environmental protection is also achieved.
Directive 2013/30/EC highlights the need for a clear separation between the regulatory functions and decision-making relating to offshore safety and environmental, on the one hand, and on the other, the regulatory functions relating to the economic exploitation of natural resources, including licensing and revenue management. Such conflicts of interest can be avoided most effectively with the complete separation of the competent authority for offshore safety functions related to the economic development of offshore natural resources, functions that probably can be undertaken by the Licensing Authority.
For the Republic of Cyprus, the Licensing Authority is the Minister of Energy, Commerce, Industry and Tourism. The competent authority for the alignment and implementation of the Directive is the Department of Labour Inspection of the Ministry of Labour and Social Insurance, while for alignment with article 29 (External emergency response plans and emergency preparedness) the Competent Authority is the Minister of Agriculture, Rural Development and Environment.
The transfer of all the provisions of the Directive into Cypriot legislation is done by introducing new legislation and/or amending existing ones. Thus:
(a) For alignment with articles 4 (Safety and environmental considerations relating to licences) and 6, paragraphs 2, 3 and 4 (Offshore oil and gas operations within licensed areas) the Hydrocarbons (Prospection, Exploration and Exploitation) Law of 2015 was adopted. The Competent Authority is the Minister of Energy, Commerce, Industry and Tourism.
(b) For alignment with article 38 (Amendment of Directive 2004/35/EU), the Environmental Liability on the Prevention and Restoration of Environmental Damage (Amending) Law of 2015. The Competent Authority is the Minister of Agriculture, Rural Development and the Environment.
(c) For alignment with Article 29 (External Emergency Response Plans and Emergency Preparedness), the External Emergency Response Plans in Offshore Oil and Natural Gas Works Law of 2016. The Competent Authority is the Minister of Agriculture, Rural Development and the Environment.
(d) For article 7 (Liability for environmental damage), it is under alignment provided that its requirements are met by the existing National legislation (the Convention for the Protection of the Mediterranean Sea against Pollution and Relevant Protocols (Ratification) (Amending) Law of 2001 (Law 20(III)/2001) and specifically by the Offshore Protocol. The Competent Authority is the Minister of Agriculture, Rural Development and the Environment.
(e) For the remaining articles of the Directive, the Safety and Health at Work (Offshore Gas and Natural Gas Safety) Regulations of 2015 have been adopted. The Competent Authority is the Department of Labour Inspection of the Ministry of Labour, Welfare and Social Insurance.
Advisory Committees
The Department of Environment takes part in Advisory Committees on energy matters in the context of implementation of policies and legislations for other Departments and Services.