Continental Shelf Mountain Ordinance

Basic data
Title:	Mining Ordinance for the Continental Shelf
Short title:	Continental Shelf Mountain Ordinance
Abbreviation:	FlsBergV
Type:	Federal Ordinance
Scope:	Federal Republic of Germany
Issued on the basis of:	§§ 65, 66, 67 No. 1 and 8, ; 68 Paragraph 2 No. 2 and Paragraph 3 BBergG
Legal matter:	Mining law , ; special administrative law
References :	750-15-8
Issued on:	March 21, 1989 ; ( BGBl. I p. 554 )
Entry into force on:	July 1, 1989
Last change by:	Art. 14 VO from June 2, 2016 ; ( Federal Law Gazette I, p. 1257, 1259 )
Effective date of the ; last change:	June 4, 2016 ; (Art. 75 of June 2, 2016)
	Please note the note on the applicable legal version.

The Continental Shelf Mining Ordinance (FlsBergV) contains legal provisions that must be observed when exploring , extracting and processing mineral resources in the area of the continental shelf .

However, it is no longer valid (see legal basis).

Legal basis

The FlsBergV has its authorization in Sections 65–68 of the Federal Mining Act , which, according to Section 2 (3) BBergG, also applies to certain activities in the area of the continental shelf of the Federal Republic of Germany as well as to underwater cables, transit pipelines and for research activities.

The General Federal Mining Ordinance of October 23, 1995, is initially used for safety, health and environmental protection when exploring, extracting and processing mineral resources on the mainland and in the area of the continental shelf. The continental shelf area is also regulated in the continental shelf mining ordinance.

According to Article 5, Paragraph 2 of the amending ordinance on mining law provisions in the area of coastal waters and the continental shelf, the continental shelf mining ordinance is no longer valid since July 19, 2018.

content

The FlsBergV contains measures to ensure occupational health and safety and the safety of platforms.

The regulation also included the amendment to occupational health and safety law 95/63 / EC of December 5, 1995 ( OJ EC No. L 335 p. 28) and the EIA amending directive 97/11 / EC of March 3, 1997 (OJ EC No. . L 73 p. 5) implemented.

The extensive 2nd section (§§ 2-18) of the FlsBergV provides, among other things, regulations on occupational health and safety , on working conditions , on hazard prevention , on the use of platforms as well as on diving work and work in vacuum chambers . In Section 10, Paragraph 3, by referring to the IMO Code of 1989 of the International Maritime Organization for the construction and equipping of mobile offshore drilling platforms, including the recommendations of the North Sea bordering countries, these international standards become binding.

In the 3rd section (§§ 19-25), above all, safety requirements for exploration and extraction through boreholes , in particular for those for oil and natural gas , are given.

The 4th section (§§ 26–34) regulates matters relating to the protection of the sea and the seabed , the 5th section (§§ 35–39 ) regulates the protection of hazards in relation to ship and air traffic as well as underwater cables .

The detailed final provisions of Section 6 (Sections 40-49) include, among other things, provisions on operational safety and responsibility , the notification of special events and accidents and the provision of the text of the regulation by the entrepreneur . The regulatory offenses catalog (§ 47 FlsBergV) also contained therein is materially different from the provisions of the "Ordinance on Responsibility for the Prosecution and Punishment of Administrative Offenses in the Area of the Continental Shelf (FlsOWiZustV)" of January 14, 1982 ( Federal Law Gazette I p. 6 ), which only refer to the prosecution and punishment of administrative offenses in the area of the continental shelf in connection with research activities (§ 1 FlsOWiZustV)

There is a need for practical application primarily in offshore drilling for reservoirs , but for some time also in the construction of individual offshore wind turbines and, if necessary, in the future in the establishment of offshore wind farms .

Offshore Mining Ordinance

For companies whose activities in the offshore sector are not subject to mining law, the Offshore Mining Ordinance applies in order to achieve the objectives set out in Directive 2013/30 / EU.

literature

Phillip Fest: The construction of wind turbines in Germany and its exclusive economic zone. Approval procedures, planning control and legal protection on land and at sea . Duncker & Humblot, Berlin 2010, ISBN 978-3-428-13154-9 , pp. 376-388.
Heike Krieger: The applicability of national and international regulations to the production of natural gas from the German continental shelf . In: DVBl . 117th Jg., Vol. 1, 2002, pp. 300-309.
Martin Rosenbaum: Construction and operation of wind turbines in the offshore area. Requirements of international and national law . Lorenz von Stein Institute for Administrative Sciences at the Christian-Albrechts-Universität zu Kiel, working papers A-76, Kiel 2006, ISBN 3-936773-24-6 , pp. 45–65.
Rainer Wolf: Mining law in the marine and coastal area. Legal basis for the production of oil and natural gas . In: Detlef Czybulka (ed.): Nature protection and legal regime in the coastal and offshore area. Fourth Warnemünde Nature Conservation Day . Nomos Verlagsgesellschaft, Baden-Baden 2003, ISBN 978-3-8329-0391-6 , pp. 175-200.

Web links

Mining Ordinance for the continental shelf (Continental Shelf Mining Ordinance - FlsBergV) of March 21, 1989, Federal Law Gazette I p. 554
Text of the ordinance on responsibility for the prosecution and punishment of administrative offenses in the area of the continental shelf

Individual evidence

↑ Mining Ordinance for all mining areas (General Federal Mining Ordinance - ABBergV) of 23 October 1995 (Federal Law Gazette I p. 1466)
^ Peter Ehlers : Other marine-related activities 2.1 Marine mining. University of Hamburg, June 20, 2014
↑ BMWI: Amendment ordinance on mining law provisions in the area of coastal waters and the continental shelf. Retrieved March 8, 2019 .
↑ Directive 2013/30 / EU of the European Parliament and of the Council of June 12, 2013 on the safety of offshore oil and gas activities and amending Directive 2004/35 / EC Text of relevance to the EEA OJ. L 178/66 of June 28, 2013
↑ Draft of a law amending mining, environmental damage and water law regulations to implement Directive 2013/30 / EU on the safety of offshore oil and gas activities BT-Drs. 18/8703 of June 7, 2016
↑ Mining Ordinance for the area of coastal waters and the continental shelf (Offshore Bergverordnung - OffshoreBergV) of August 3, 2016 (Federal Law Gazette I, p. 1866)

[1] Mining Ordinance for all mining areas (General Federal Mining Ordinance - ABBergV) of 23 October 1995 (Federal Law Gazette I p. 1466)

[2] Peter Ehlers : Other marine-related activities 2.1 Marine mining. University of Hamburg, June 20, 2014

[3] BMWI: Amendment ordinance on mining law provisions in the area of coastal waters and the continental shelf. Retrieved March 8, 2019 .

[4] Directive 2013/30 / EU of the European Parliament and of the Council of June 12, 2013 on the safety of offshore oil and gas activities and amending Directive 2004/35 / EC Text of relevance to the EEA OJ. L 178/66 of June 28, 2013

[5] Draft of a law amending mining, environmental damage and water law regulations to implement Directive 2013/30 / EU on the safety of offshore oil and gas activities BT-Drs. 18/8703 of June 7, 2016

[6] Mining Ordinance for the area of coastal waters and the continental shelf (Offshore Bergverordnung - OffshoreBergV) of August 3, 2016 (Federal Law Gazette I, p. 1866)