Law no. 40/2023 amending the Offshore Safety Law no. 165/2016 (Law 40) is applicable as of January 18, 2023.
Arguably, some of the Law 40 provisions seem to suggest the observance of EUOAG requirements. However, among the many changes introduced by Law 40, the following seem to be the most problematic from either a legal perspective or a real safety issue:
- The introduction of a new definition i.e. offshore technical vessels, further to which a Safety Case must also be prepared and accepted for these kind of vessels when such are used as part of the operations;
- The introduction of a NAMR certified auditor, in addition to the already existing IVB;
- The setting of a process suggesting that the Offshore Safety Authority (ACROPO) may determine NAMR to ask the removal of the operators appointed by titleholders of petroleum agreements;
- The putting in place of a computation mechanism for the allowed accidental crude oil spills in the worst case scenarios of the Emergency Internal Response Plan.
By Oana Ijdelea, Managing Partner, and Lorena Vasvari, Senior Associate, Ijdelea & Associates