News

EU Presents Proposals for Managing Fracking Risks

31.01.2014 -

In the first month of 2014, the European Commission appeared to be feverishly working to tie up loose ends of packages it had been wrapping for some time. When the packages were opened in the month's fourth week, some critics found some of the expected content wanting, or much of the binding missing.

After presenting its new framework plan for reducing greenhouse gas (GHG) emissions on Jan. 22, the EU authority the same day announced mostly non-binding guidelines for member states wanting to open their geological formations to companies pursuing shale gas exploration.
The Commission's official Recommendation came partly in response to a 2013 stakeholder consultation on hydraulic fracturing (fracking). "Shale gas is raising hopes in some parts in Europe, but also is a subject of public concern," environment commissioner Janez Potocnik said in Brussels, noting that "some citizens" participating in the EU dialogue feared potentially unacceptable risks to the environment and health.
The commissioner said the EU has drawn up "minimum principles that member states are invited to follow" in order to address these risks and improve transparency. The proposals should also lay the groundwork for a level playing field for industry and establish a clearer framework for investors, he said.

In particular, the Commission has called for a uniform risk management framework across member states, which it said would complement existing legislation, covering issues such as strategic environmental assessment and planning; underground risk assessment; well integrity; baseline reporting and operational monitoring; capture of methane emissions and disclosure of chemicals used in each well.
Brussels would like to see member states prepare a strategic environmental assessment before exploration is allowed to begin, as well as conducting prior studies of the suitability of geological formations. Public participation in the decision-making process was desirable, the EU said, urging also that national governments develop uniform rules for issuing permits, while requiring well operators to develop project-specific water management plans and disclose chemicals used.

The principles are expected to be implemented by member states within six months of their publication. The states are also invited to inform the Commission annually about measures taken, beginning in December of this year. Potocnik said authorities will review the effectiveness of the individual states' approach and may consider proposing further legal clarification where necessary.

Reports circulating in late January said the Commission did not propose implementing a Directive regulating fracking as it had considered in the past due to intensive lobbying by the UK, which has plans to embrace shale gas exploration on a broad scale.