| European Union directive | |
 | |
| Title | Hydrocarbons Directive 1994 |
|---|---|
| Made by | European Parliament and Council |
The Hydrocarbons Directive 1994 (94/22/EC) is a Directive in EU law that sets out conditions for authorising oil and gas drilling, fracking or other extraction of hydrocarbons in the EU.
Article 1 sets out definitions for competent authorities that should authorise corporate or public entities that drill or extract gas, oil or other hydrocarbons.
Article 2 prevents discrimination between oil firms as ‘regards access to and exercise of... prospecting, exploring for and producing hydrocarbons’.
Article 3(2)(a) requires that publication of opportunities to apply to drill, frack or extract hydrocarbons must go into the Official Journal, and (b) with 90 days notice if there is a sale out of ordinary rounds.
Article 4(c) requires no geographical monopolies for longer than necessary.
Article 5 requires authorisations are granted based on technical and financial capability, the method of prospecting and the ability to pay.
Article 6(2) states that "Member States may, to the extent justified by national security, public safety, public health, security of transport, protection of the environment, protection of biological resources and of national treasures possessing artistic, historic or archaeological value, safety of installations and of workers, planned management of hydrocarbon resources (for example the rate at which hydrocarbons are depleted or the optimization of their recovery) or the need to secure tax revenues, impose conditions and requirements on the exercise of the activities set out in Article 2 (1)."
The Hydrocarbons Directive continues to foresee new extraction of fossil fuels, and does not yet contain any reference to the international law obligation to end fossil fuels in order to protect the right to life under the European Convention on Human Rights article 2, and comply with the maximum heating of the globe at 2 degrees under the Paris Agreement 2015. [1]
Natural gas is a naturally occurring mixture of gaseous hydrocarbons consisting primarily of methane (97%) in addition to various smaller amounts of other higher alkanes. Low levels of trace gases like carbon dioxide, nitrogen, hydrogen sulfide, and helium are also usually present. Methane is colorless and odorless, and the second largest greenhouse gas contributor to global climate change after carbon dioxide. Because natural gas is odorless, odorizers such as mercaptan are commonly added to it for safety so that leaks can be readily detected.
Petroleum, also known as crude oil, or simply oil, is a naturally occurring yellowish-black liquid mixture of mainly hydrocarbons, and is found in geological formations. The name petroleum covers both naturally occurring unprocessed crude oil and petroleum products that consist of refined crude oil.
The petroleum industry, also known as the oil industry or the oil patch, includes the global processes of exploration, extraction, refining, transportation, and marketing of petroleum products. The largest volume products of the industry are fuel oil and gasoline (petrol). Petroleum is also the raw material for many chemical products, including pharmaceuticals, solvents, fertilizers, pesticides, synthetic fragrances, and plastics. The industry is usually divided into three major components: upstream, midstream, and downstream. Upstream regards exploration and extraction of crude oil, midstream encompasses transportation and storage of crude, and downstream concerns refining crude oil into various end products.
Fracking in the United States began in 1949. According to the Department of Energy (DOE), by 2013 at least two million oil and gas wells in the US had been hydraulically fractured, and that of new wells being drilled, up to 95% are hydraulically fractured. The output from these wells makes up 43% of the oil production and 67% of the natural gas production in the United States. Environmental safety and health concerns about hydraulic fracturing emerged in the 1980s, and are still being debated at the state and federal levels.
Shale gas is an unconventional natural gas that is found trapped within shale formations. Since the 1990s a combination of horizontal drilling and hydraulic fracturing has made large volumes of shale gas more economical to produce, and some analysts expect that shale gas will greatly expand worldwide energy supply.
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Fracking is a well stimulation technique involving the fracturing of formations in bedrock by a pressurized liquid. The process involves the high-pressure injection of "fracking fluid" into a wellbore to create cracks in the deep-rock formations through which natural gas, petroleum, and brine will flow more freely. When the hydraulic pressure is removed from the well, small grains of hydraulic fracturing proppants hold the fractures open.
Fracking in the United Kingdom started in the late 1970s with fracturing of the conventional oil and gas fields near the North Sea. It was used in about 200 British onshore oil and gas wells from the early 1980s. The technique attracted attention after licences use were awarded for onshore shale gas exploration in 2008. The topic received considerable public debate on environmental grounds, with a 2019 high court ruling ultimately banning the process. The two remaining high-volume fracturing wells were supposed to be plugged and decommissioned in 2022.
The environmental impact of fracking is related to land use and water consumption, air emissions, including methane emissions, brine and fracturing fluid leakage, water contamination, noise pollution, and health. Water and air pollution are the biggest risks to human health from fracking. Research has determined that fracking negatively affects human health and drives climate change.
Shale gas in the United Kingdom has attracted increasing attention since 2007, when unconventional onshore shale gas production was proposed. The first shale gas well in England was drilled in 1875. As of 2013 a number of wells had been drilled, and favourable tax treatment had been offered to shale gas producers.
Countries using or considering to use fracking have implemented different regulations, including developing federal and regional legislation, and local zoning limitations. In 2011, after public pressure France became the first nation to ban hydraulic fracturing, based on the precautionary principle as well as the principal of preventive and corrective action of environmental hazards. The ban was upheld by an October 2013 ruling of the Constitutional Council. Some other countries have placed a temporary moratorium on the practice. Countries like the United Kingdom and South Africa, have lifted their bans, choosing to focus on regulation instead of outright prohibition. Germany has announced draft regulations that would allow using hydraulic fracturing for the exploitation of shale gas deposits with the exception of wetland areas.
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