Drawing up of uniform regulations on oil and gas pipelines

Recommendation 552 (1969)

Author(s):

Parliamentary Assembly

Origin

Assembly debate on 31 January 1969 (27th Sitting) (see Doc. 2508, report of the Legal Affairs Committee). Text adopted by the Assembly on 31 January 1969 (27th Sitting).

The Assembly,

1. Considering that oil and gas pipelines, crossing in many cases the territory of more than one Council of Europe member state, have multiplied rapidly in number and importance and will become even more vital to the economy of Europe in the near future;

2. Considering the advantages which pipelines have in many cases over ordinary means of transport;

3. Wishing to support and facilitate the development of pipeline transport in Europe as much as possible;

4. Considering that the installation, management and use of oil and gas pipelines raise a number of problems under both public and private law; the conditions governing the grant of a concession, the way to obtain way-leaves, the Continental Shelf, civil liability, insurance and arbitration;

5. Noting that the majority of Council of Europe member states have as yet no specific legislation on this subject;

6. Considering that it would be in the interest of Council of Europe member states to adopt uniform regulations on pipelines and, as a first step, regulations on the international transport of oil and gas by pipeline; these regulations being applicable to non-member states as well;

7. Convinced of the usefulness of the international safety code for international gas transmission by pipeline prepared by the Economic Commission for Europe and of the draft safety code on oil pipelines in preparation within the European Community;

8. Referring to the report of the Legal Affairs Committee in which mention is made of the consultation of interested circles which appear to attach considerable interest to action of the Council of Europe in this field,

9. Recommends that the Committee of Ministers:

a insert the question of uniform regulations on oil and gas pipelines in the Programme of Intergovernmental Activities of the Council of Europe;

b convene a committee of experts to study this subject, and notably the questions mentioned above with the object of preparing a European convention or other legal texts, and, as a first step, of drafting regulations on the international transport of oil and gas by pipeline;

c submit the recommendations of the aforementioned expert committee to the Assembly for its opinion before taking any final decision on them;

d recommend the governments of its member states to adopt the international safety code for international gas transmission by pipeline of the ECE in their national legislation, either in its present or in a revised form;

e recommend:

9.5.1 the member governments of states which are Members of the European Community to speed up the work on a European safety code on oil pipelines and ensure that the code is applicable to non-member states as well;

9.5.2 the member governments of states which are not Members of the European Community to adopt, insofar as possible, the provisions of the draft safety code on oil pipelines, once adopted in its final form by the Community Council.