Research On Rules For Prevention And Governance Of Marine Environmental Pollution Of The Eu's Offshore Oil And Gas Safety Directive

After nearly four years of demonstration and game at EU level as well as member states level,EU published the Offshore Oil and Gas Safety Directive.Rules for Prevention and Governance of Marine Environmental Pollution are important parts of the Directive and the latest achievement of EU in actively exploring relevant legal systems in response to multiple challenges such as climate change,energy supply and environmental safety.That Rules take Precautionary Principle,Polluter Pays Principle,Transparency Principle and International Cooperation Principle as the legislative principle,pay attention to coordinating the sovereign interests of member states,and establish the liability system for damage to the marine environment based on relevant technical criterion.The Rules reflect not only the trend of EU's marine environmental legislation,but also the tendency of international law on marine environmental pollution prevention and governance within energy operations.However,due to economical orientation,failing to establish a comprehensive responsibility framework,limited intervention to member states,framework character and high cost of execution,the Rules are difficult to implement.In 2017,Gas Hydrate was successfully exploited in China's marine area,and it was officially listed as a newly discovered mineral.Therefore,the sustainable development of marine new energy in China needs an improved legal system,which could provide legal protection to marine environmental safety.While recognizing the shortcoming of EU's Rules,China should learn from their successful experiences from these aspects: following the scientific principles of legislation,that consist of prevention principle,public participation principle,principle of unity of energy efficiency and environmental benefits,and international cooperation principle,attaching importance to Pre-legislative research and demonstration,as well as constructing legal liability system related to marine energy operations.