Oil spill incident is only Kang Feicheng defendant marine ecological restoration case funding ischemic

In response to the oil spill accident at the Penglai 19-3 project in Bohai Bay (hereinafter referred to as the “oil spill accident”), many individuals from the State Oceanic Administration’s official lawyers’ team disclosed to the “Economic Information Daily” reporter that the main qualification of the case was limited to ConocoPhillips. In China ConocoPhillips China, CNOOC, its equity-sharing partner, and the relevant insurance company responsible for claim settlements are not among the defendants.

The above sources explained that according to China's existing legal framework, the responsible party to the accident can only be defined as the operator, ConocoPhillips China, and has not yet established a lawsuit mechanism for insurance companies; in addition, this case currently does not know that CNOOC Limited knows that ConocoPhillips China violates regulations. Operation without stopping the evidence. "As soon as new evidence is discovered in the future, it will not be too late to add defendants to the proceedings," said one of the above persons.

In terms of ecological damage claims, the above-mentioned official lawyer group confirmed that the amount of ecological claims initiated by the State Oceanic Administration could not be imagined as “astronomical figures”. This is because there are controversies related to issues such as whether there is sufficient legal basis for the loss of marine ecosystem service functions included in the scope of the claim, and the amount of expected compensation in the above-mentioned areas accounts for the bulk of the overall compensation. Even if the State Oceanic Administration announced the amount of its claim this month, it will eventually be able to obtain the compensation as required by the lawsuit. It will still be a tough tug of war to wait until at least one year after the final decision of the judiciary.

A number of marine jurists and monitoring experts stressed that more than four months have passed since the outbreak of oil spills. Cleaning and plugging have not yet been completed, highlighting the heavy burden of marine ecological restoration in China, but the funds for ecological restoration Severe ischemia.

A person who understands Conoco China’s insurance clause points out to the “Economic Information Daily” that foreign marine pollution liability insurance can be used for emergency purposes when ecological compensation is temporarily absent, to cover the costs of cleaning and plugging, and domestic marine oil and gas exploration compulsory insurance. There are gaps in the system's insurance coverage, and ConocoPhillips China's "luckily, it's not a matter of trouble, the troubles can be leveled out," and the amount of insurance coverage in China is much lower than that of overseas businesses, so that the amount of claims for business in China is only Between 100 million and 100 million U.S. dollars, far from covering all the cleanup and plugging in.

Ministry of Land and Resources Xu Shaoshi pointed out on the 10th that during the "11th Five-Year Plan" period, there were a total of 41 accidents involving oil spills in the exploration and development of offshore oil, including 19 in the Bohai Sea and 22 in the South China Sea. Xu Shaoshi said that although the proportion of oil spills in the exploration and development of offshore oil is not large, due to the complexity of the marine conditions, once oil spills have occurred, the cost of eliminating the hazards and impacts will be huge and the risk will be extremely high.

In the case of capital ischaemia, Gao Zhenhui, former director of the Beihai Environmental Monitoring Center of the State Oceanic Administration, citing an example, said that due to the frequent occurrence of oil spills at sea, the grass-roots units responsible for emergency disposition paid a lot of emergency monitoring, monitoring and cleaning fees each year, so that Whoever is decontaminated will suffer losses. Difficulties in capital turnover have also made the emergency work passive, leading to an increase in oil spill pollution.

A number of experts from the State Oceanic Administration stated that a special marine oil spill emergency response system** (hereinafter referred to as “oil spill**”) should be established. Gao Zhenhui admits that this work "slowly progressed." The reason is that there are many problems such as the existence of specific national conditions and the need for coordination of interests in all aspects.

A Shanghai lawyer said bluntly: “The “Marine Environmental Protection Law” has been in force for more than 10 years, and the provisions for the establishment of oil pollution damage compensation ** have not even been initiated!” The source said that this was due to the relevant parties. Underestimated the severity of oil spills, oil spills, and pollution of the oceans. It was even due to the lobbying of several state-owned large oil companies and other shippers. Once the government is established, oil companies will face a large number of contributions.

On September 26, after nearly ten years of brewing, Chen Xiaoguang, deputy director of the Shanghai Maritime Safety Administration, revealed that Shanghai Maritime Safety Administration is currently taking the lead in establishing China's ship oil damage compensation. However, the reporter found that the ** covers only ship oil spill accidents. Some experts pointed out to the reporter of the “Economic Information Daily” that under circumstances where it is difficult to establish new oil spills, the ** can also cover oil spill accidents on the drilling platforms of the Penglai 19-3 project in Bohai Bay.

The relevant personages of the State Oceanic Administration lamented that “Whether it is the marine system or the Bureau of Fisheries of the Ministry of Agriculture and the Maritime Affairs Bureau of the Ministry of Transport, all comrades who engage in technology and engage in environmental protection support China’s establishment of its own oil spill. This is mainly because these departments are often Oil spill incidents represent the injured party, and the industrial sector that represents the responsible party in the oil spill incident has a more negative attitude."