Overview

The Offshore Safety Directive Regulator (OSDR), a collaboration between OPRED and the HSE, produces yearly intervention plans detailing planned inspections to be undertaken of oil and gas installations. The OPRED contingent of the ODR intervention plan is based on the OPRED inspection strategy. The Offshore Environmental Inspectorate Team, enforcement policy applies to all offshore oil and gas installations operating in connection with the exploration, development or production of petroleum that come within the scope of the relevant environmental legislation. This includes:

• production platforms
• mobile drilling units
• floating production and storage offtake vessels
• pipelines

Inspection strategy

As part of its regulatory function OPRED undertakes a programme of planned inspections, both at operators and owners’ onshore offices and of offshore oil and gas installations, to ensure compliance with relevant Regulations and permit conditions. It is also to gain assurances that operations are undertaken with due consideration of environmental aspects and impacts and with effective controls to minimise the likelihood of releases to the environment.

OPRED Inspection Strategy (PDF, 296 KB, 3 pages)

Enforcement policy

Inspectors enforce the requirements on operators set out in statutory instruments (regulations) relevant to the protection of the offshore environment which include the:

• regulation, using permits with conditions, of the activities of discharge and use of offshore chemicals, the discharge of oil, and emissions from qualifying offshore combustion installations
• prohibition on the release of offshore chemicals and oil
• requirement for Licensed Operators to have an oil pollution emergency plan

The enforcement methods available to Inspectors are detailed in the relevant legislation and include: a warning letter, the serving of an enforcement, improvement or prohibition notice, revocation of a permit and prosecution. This policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

• OPRED Enforcement Policy – updated April 2024 (PDF, 132 KB, 28 pages)

The Offshore Environmental Civil Sanctions Regulations 2018

The Offshore Environmental Civil Sanctions Regulations 2018 (the 2018 Regulations) enable OPRED to impose civil sanctions on offshore oil and gas companies who are found to be in breach of some existing environmental regulations. The 2018 Regulations entered into force on 1 October 2018 and OPRED will consider the imposition of a civil penalty for relevant offences committed on or after 1 November 2018.

The introduction of the 2018 Regulations provides OPRED with a more flexible, proportionate and timely enforcement response in respect of breaches that amount to criminal offences and would otherwise be dealt with by prosecution. The 2018 Regulations also allow OPRED to accept undertakings from offshore operators to take action for the benefit of any person affected by the offence (including payment of a sum of money) and for this to be taken into account in setting the variable monetary penalty for the most serious breaches.

The 2018 Regulations will help to ensure that OPRED has the ability to provide sufficient deterrent against non-compliance and tackle the behaviour of those who continue to perform poorly or ignore their environmental responsibilities.

Regulations

• The Offshore Environmental Civil Sanctions Regulations 2018

Guidance

• The Offshore Environmental Civil Sanctions Regulations 2018 – Guidance Document (updated December 2020). (PDF, 328 KB, 25 pages)

OPRED Enforcement Activity

The OPRED Offshore Environmental Inspectorate enforces offshore oil and gas environmental regulations and permit conditions. On occasion OPRED may require offshore permit holders and/or licensed operators to make improvements by issuing them with a notice; either an enforcement notice or improvement notice which allows time for the recipient to comply with prescribed conditions or a prohibition notice which prohibits an activity from occurring until remedial action has been taken.

An enforcement notice or an improvement notice may be issued where the Secretary of State is of the opinion that:

• any condition of a permit has been contravened, is being contravened or is likely to be contravened; or
• a release or a discharge without a permit has occurred, is occurring or is likely to occur

Each enforcement notice and improvement notice will identify the steps to be taken to remedy or prevent the contravention/release or discharge and will specify the period within which those steps must be taken. A prohibition notice may be issued where the Secretary of State is of the opinion that the operation of an offshore installation involves an imminent risk of serious pollution. Each prohibition notice will specify the steps to be taken to remove the risk involved in the operation of the offshore installation before operations are allowed to be undertaken again.

The issue of an enforcement notice and/or a prohibition notice does not prevent other enforcement activity, such as prosecution, being progressed if this is deemed appropriate.

Public register of enforcement, improvement and prohibition notices and public register of convictions

OPRED (BEIS) has a statutory obligation under the Environment and Safety Information Act 1988 to maintain a public register of certain notices. The registers outline the formal enforcement activity undertaken by OPRED in respect of offshore oil and gas operations on the United Kingdom Continental Shelf (UKCS).

Under the code of practice on access to government information, OPRED is committed to make available, on request, information about its actions and decisions, which includes information on formal enforcement activity. The information provided within the registers will be subject to release and publication in accordance with the Freedom of Information (FOI) Act 2000 and the Environmental Information Regulations 2004 (EIR).

The OPRED public register of enforcement, improvement and prohibition notices includes all notices issued in the last 5 years. Notices that are older than 5 years old are available on request. To account for the appeals process and quality assurance there is a 5 week period following the date of issue of a notice prior to publication of the notice details on this register. Where OPRED are notified of an appeal outside this time period, details of the notice will be removed from the register. Notices that have been appealed will not appear on the register until after the appeal has been disposed.

Details of enforcement action under the Offshore Environmental Civil Sanctions Regulations 2018 will normally appear on the OPRED public register for a period of 5 years after which they are removed from the register and are available on request.

The OPRED public register includes the cases in which a fixed or variable monetary penalty or a non-compliance penalty has been imposed (other than cases where the penalty has been imposed but overturned on appeal); cases in which liability for a fixed monetary penalty has been discharged by payment under regulation 5(4) of the 2018 Regulations; and cases in which an undertaking has been accepted and complied with.

Publication will take place after the expiry of the period for appealing the imposition of a penalty, or, when an appeal has been made, after the determination or withdrawal of that appeal. Under the Offshore Environmental Civil Sanctions Regulations 2018, OPRED is not required to publish anything it thinks is not appropriate for publication.

The OPRED public register of convictions includes prosecutions brought by OPRED in the last 5 years. Details of ongoing prosecution cases and any convictions subject to appeal will not be published. To account for the appeals process there is a delay of 9 weeks following conviction before a case is added to the register. Details of prosecutions will appear on the register for a period of 5 years after which they are removed from the register and are available on request.

Register of enforcement and prohibition notices

Notice Number	Operator	Notice Type	Legislation	Issue Date
28/2023 (PDF, 227 KB, 1 page)	Perenco U.K. Limited	Enforcement	Regulation 13(1A) of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (as amended)	12 January 2024
17/2022 (PDF, 63.7 KB, 1 page)	Pierce Production Company Limited	Enforcement	Regulation 25(1)(a)(i) of the Fluorinated Greenhouse Gases Regulations 2015	04 November 2022
05/2022 (PDF, 216 KB, 1 page)	Shell U.K. Limited	Enforcement	Regulation 16A(1) of The Offshore Chemical Regulations 2002	14 October 2022
03/2021 (PDF, 46.1 KB, 1 page)	Repsol Sinopec Resources UK Limited	Enforcement	Regulation 13(1) of The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005	15 February 2021

Enforcement activity under the Offshore Environmental Civil Sanctions Regulations 2018

Date of Incident	Company	Legislation	Date of Enforcement Activity	Enforcement Activity
Between 6 November 2019 and 4 February 2020	Golar-Nor (UK) Limited	The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005	24 May 2022	Variable monetary penalty of £25,000

Between 9 February 2024 and 11 February 2024

Perenco UK Limited

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

06 January 2025

Variable monetary penalty of £25,000

Register of convictions

	Date of Incident	Company	Legislation	Date of Conviction	Sentence
02 October 2016	BP Exploration Operating Company Limited	LegislationThe Offshore Petroleum Activities (Oil Pollution Prevention Control) Regulations 2005	Date28 ofJuly Conviction2020	SentenceFine £7,000

Register of ETS Civil Penalties

Notice Reference	Date Issued	Company	Legal Requirement Not Complied With	Amount of Penalty
04/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333
05/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333
06/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333
07/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333
08/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333
09/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333
10/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333
11/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333
12/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333
13/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333
14/23	27 July 2023	Repsol Sinopec Resources UK Limited	Article 51 of the Greenhouse Gas Emissions Trading Scheme Order 2020	£13,333