Deal or no deal?

With BP in our backyard, Malta should take the bull by the horns, and call for an urgent meeting of the UN General Assembly.

Frank Portelli 31 July 2010, 12:00am

3 min read

Beyond Petroleum
The news that BP is to start deepwater drilling off the coast of Libya 'within weeks' should raise serious concerns. To be sure “deep water” oil exploration carries inherent dangers in any case; combine this with BP’s dismal safety record and you have the right formula for an ecological disaster this time in our own back yard.

Details emerging from the investigations into the events which led to the explosion of the Deepwater Horizon rig on 20 April, 2010 in the Gulf of Mexico – which killed 11 oil workers and spilled more than 5,000,000 (five million barrels) of oil into the ocean – reveal serious flaws in safety standards. Suffice to say that gas alarms which would have detected the release of the methane gas that enveloped the rig were switched off – so that they would not disturb workers sleeping! To add insult to injury, BP’s CEO Tony Hayward initially tried to shrug off corporate responsibility coming out with statements like “The drilling rig was a Transocean drilling rig.”

No wonder President Obama remarked that Mr Hayward "wouldn't be working for me after those statements". A similar oil spill in the Mediterranean would wreak ecological devastation and destroy our very livelihood, our sea, our beaches, tourism. Tony Hayward’s flippant remark that the environmental impact would be "very, very modest" because the Gulf was "a big ocean" would certainly not apply to the Mediterranean – which represents around 1% of the volume of the Atlantic Ocean. An oil spill such as that which occurred in the Macondo Well would be equivalent to spilling 500,000,000 barrels of oil in the Mediterranean. How did we get here?

Blair

Tony Blair and Libyan leader Muammar Ghaddafi, May 2007

Deal or no deal?
In May 2007 British Prime Minister Tony Blair met Gaddafi in a tent in the desert. Peter Sutherland, then Chairman of BP, was also present. Shortly afterwards, the ubiquitous Sutherland announced that BP would be returning to Libya to explore for oil – after 37 years – since Gaddafi had nationalized BP’s assets (1973).

Peter Sutherland, equally at home negotiating with dictators, with affable heads of government (Tony Blair), with his own blackmailed CEO who admitted to lying under oath (Lord John Browne) was equally at home giving financial advice to the Vatican. Three months later (August 2009) Abdelbasset al-Megrahi, the convicted Lockerbie bomber, was released on compassionate grounds – because it was claimed that he had less than three months to live – an essential condition for compassionate release under Scottish law.

The Law of the Sea
Malta is inextricably linked to the law of the sea ever since Arvid Pardo, Malta’s permanent representative to the United Nations, in 1967 started the process to regulate the Sea as a common heritage of mankind. The law imposes obligations on states to regulate offshore drilling activity.

Article 192 of the Law of the Sea Convention (LOSC) places an obligation on all countries to “protect and preserve the marine environment.” Countries have an obligation to “to prevent, reduce and control pollution of the marine environment arising from or in connection with seabed activities subject to their jurisdiction” LOSC, Article 208 (1) & (3).

I propose that Malta, as the prime mover on the law of the sea, should take the bull by the horns and immediately call for an urgent meeting of the General Assembly of the United Nations. We should demand that international safety standards be established for oil drilling to decrease the risk of tragic accidents and of environmental disasters.

More from Frank Portelli

Angelo Cassar •

Although no doubt there is some positive news ---it is only when a relief well is drilled that one can say that the blow out is controlled. Meanwhile cleaning the Oil Spill will take years to clean up We are still clearing up the Oil Spill of the Exxon Valdez (1989) twenty years later ! We need to insist that safety standards are maintained in the Mediterranean as regards Oil Exploration We need to see what emergency response Oil Companies have in case of a disaster There is only one Mediterranean Sea – and it is ours We must persist in our endeavours

Alfred Galea •

http://www.noaanews.noaa.gov/stories2010/20100804_oil.html

Angelo Cassar •

Martin We are on the same wavelength I am in no way singling out BP However it is BP that has just been involved in gross negligence in the Gulf – and without waiting to find out what could be learned has immediately announced that it will start drilling for oil – in a well which is situated even deeper than that in the Gulf Malta’s concerns are that the Mediterranean Sea is a relatively small sea basin. In Volume it is around 1.2 % of the volume of the Atlantic So any oil spill in the Med would be almost 100 times more devastating. An Oil spill of the same magnitude as that which occurred in the Macondo Well would destroy the Mediterranean for years to come. An unthinkable risk. Malta must show the world it is prepared to fight for its rights. regards Frank Portelli

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@Frank Portelli Whilst I agree that all safety precautions and standards are adhered to the fact that the outcry happened because it was BP who got to get drilling in LIbyan waters. The caution asked for should be for any company that drills offshore. All oil companies had some kind of disaster one time or another so it makes no sense to show concern because it was BP. Some concern is genuine but that coming from certain quarters sounds more like sour grapes than concern.

Angelo Cassar •

I proposed raising the matter at the United nations because that is where the LOS ( Law of the Sea ) was initially conceived - by Malta's represenative. The UN's Division for Oceans Affairs and Law of the sea meets on a regular basis, and is actually meeting at the end of August 2010 – so the matter could be raised there – and certainly we should ensure it is on the agenda. In the circumstance I feel the matter is urgent hence I proposed raising it as an urgent matter in the General Assembly One of the main scopes of the UN is solving international problems of an economic nature. The present circumstances have changed America’s stance to the Law of the Sea By all means let us raise the issue in other For a We must however show the World that we intend to protect our patch. We insist of standards of safety and compliance – we are not against exploitation of these natural resources. Indeed we have an interest in exploiting them ourselves. regards

Jessica Chetcuti •

Although I share your concern I don’t see how an urgent meeting of the general assembly of the UN will have any bearing on the already existing “International Safety Standards”. (ISS) You can implement new standards till you’re blue in the face, but to get oil companies to comply is a different matter. It seems that some oil companies make safety their number one priority. Other companies like BP seem to take a cavalier attitude. While trawling through the net, I noticed that BP has been fined 760 times for trying to cut corners, whereas Exon has been fined only once. Perhaps the answer is having more compliance officers, ensuring that safety standards are implemented. However I know what company I would prefer to be drilling in the Med, and it isn’t BP.

Alfred Galea •

It's Libya's backyard not Malta's. Besides asking the UN to do something useful is like asking the PM to be transparent on contracts and deals siogned by the government. IMPOSSIBLE.

Angelo Cassar •

Martin I did not propose that we should do away with Oil Exploration I proposed that International Standards of Safety be set up "I proposed that Malta, as the prime mover on the law of the sea, should take the bull by the horns and immediately call for an urgent meeting of the General Assembly of the United Nations. We should demand that international safety standards be established for oil drilling to decrease the risk of tragic accidents and of environmental disasters." Ths is our backyard and we have a right to insist on Standards of Operations At the moment we are being ousted out of the picture and our way of life is being put at risk by Libya and BP regards Frank Portelli

Angelo Cassar •

Alfred Galea •

[One will notice that the USA is main oil spiller which proves the lack of professionalism of the US oil worker.] Marty, YOU said the US is the main oil SPILLER.....now to me that means "oil spilling out, whether on land or at sea".....so whether it was a supertanker or an underwater oil well doesn't matter. If YOU can't see the comparison there I don't see why you have to comment. Now just type in "worst oil spills" or "worst offshore disasters" and you'll find out that you're wrong.

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Exxon Valdez was a super tanker and Deepwater Ranger an oil drilling rig. If you can't see the difference I can see why you have to comment. Did you have a look at the website whoes url I provided and see were major oil spills occured. You guessed , the USA.

Alfred Galea •

The oil rig was in Maltese waters and the other Med. countries tried to "block" it, what would you tell them??

Alfred Galea •

http://historicalresources.suite101.com/article.cfm/oil_rig_accidents Marty, the WORST in the North Sea, the second worst around Norway, the third off Newfoundland...... Exxon Valdez, drunk captain....spill in Michigan, Canadian pipeline.

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@Frank Portelli Apparently you did not get the gist of my comparison, for a man of your intellect you should have realised that I meant that just because something goes wrong it does not mean we do away with it How many car fatalities happen everyday, thousands yet we still buy cars, the faster the better.. You will agree that patients die under the scalpel not neccessarily because of neglicence, but it could be a 50-50 chance operation. You interpreted my example wrong and not I blaming anybody for anything

Angelo Cassar •

Thank you Martin Re Your comparison BP, the Oil Rig in the Gulf – Doctors and Patients < strong>The gas alarms which would have given early warning that methane and other dangerous gases were engulfing the deck of the oil rig were switched off, so that workers sleep would not be disturbed.< /strong> This would compare with patient monitoring systems being switched off so that Doctors would not be disturbed. If that were to happen – the doctor would be struck off the medical register and unable to practice anywhere in the world . In BP’s case a deal was struck between the British Government and Libya so that BP can explore in deep water in the Mediterranean. Malta must declare it is an interested party and and that we prepared to fight tooth and nail for our rights. regards

Angelo Cassar •

Correction The figures regarding the escrow account are in Billions US Dollars The US had the clout to force BP to set up an escrow account for 20 Billion US dollars in preparation for claims that will arise from this disaster (BP has set aside a total of 32 Billion US). Frank Portelli

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One last note: [url]http://en.wikipedia.org/wiki/List_of_oil_spills[/url] One will notice that the USA is main oil spiller which proves the lack of professionalism of the US oil worker.

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@Joe South I beg to differ, safety rules in the USA don't compare with those observed in Europe. There has been enough disasters that resulted in high number of deaths that compeled European authorities to take stringent steps in safety. For safety standards in the USA watch National Geographyic program "Blood,sweat and Oil" I believe its called. If you ever watched National Geo. documentary regarding the Ocean Ranger disaster which happened in New Foundland and resulted with the death of all those onboard. You will see that the workers did not even have the basic safety training, never mind not having survival tarining and survival suits for protection in the cold waters off New Foundland, unlike North Sea workers which at that time were already trained in survival procedures and wearing survival suits even when travelling by helicopter. The professionalism of american offshore workers in the USA leaves much to be desired and those who have worked in Europe can tell the difference they experience. It wasn't just BP that had to blame, thou BP has the major part of the responsability but there are other factors involved.

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Planes crash, ships sink,cars collide and people die under the scalpel but we don't do away with planes, ships, cars or doctors. New evidence shows that the "Deepwater Horizon" disaster was brought about by the tuga fighting the initial fire with water instead of foam thus overwhelming the ballast system and capsizing the rig which sunk, snapping the risers/drill string compounding the spill. Protest from certain quarters, eg Italian authorities, smells more of sour grapes whilst others because of alarism. I ask you in good faith Dr. Portelli can you as a doctor guarantee 100% cure to your patients every time.? I am sure you take and advive all possible precautions but then faith plays a part, don't you agree.?

Alfred Galea •

I think Libya should be worried about "escrows" seeing as the rig will be in Libyan waters.

Angelo Cassar •

Thank you Michael I agree with you in involving individuals such as Prof David Attard and others to propose concrete action Malta must take. Involving institutions that are concerned with the Mediterranean is also a good idea. I appreciate that you have extensive knowledge of the UN The United Nations is where Malta first brought up the idea of the Law of the Sea and although the US is not a signatory – it appears that the US will now support actions that will make oil exploration safer. I am sure this ecological disaster in the Gulf has brought home the real dangers of an ecological disaster to the US - hence their change of attitude. The US had the clout to force BP to set up an escrow account for 20 million dollars in preparation for claims that will arise from this disaster (BP has set aside a total of 32 Million US). We do not have this clout on our own. Malta must sparabove its weight – so we need to give notice to Libya to BP – that the Mediterranean is ours too. Otherwise we will find that they will elbow us out. Thanks Again

Alfred Galea •

Frank, there are no stricter rules when it comes to offshore drilling then exist in the US and Canada........they were not followed by BP, by TransOcean and by the US govt. workers. As a matter of fact an assistant secretary resigned/was fired over it. Now Congress put in even stricter rules. In other words you can put all the rules and regulations that you like, unless they're followed by all it's just a waste of time. And the worst offenders are governments. I mean look at MEPA and other depts and committees in Malta......

John Portelli •

An excellent article. The only problem I find is the idea to involve the United Nations. The General Assembly and the Security Council for the that matter can do very little beyond generating some publicity. This is a matter for Sarkozy's Union for the Mediterranean if it is still in existance or if it wants to do something serious. I hope that I am wrong but I do not think that this matter was on the agenda of the recently concluded Annual Maltese ambassadors' meeting. What else was more important? The newly appointed energetic permsec of the Ministry of Foreign Affairs should bring together some knowledgeable Maltese personalities like prof David Attard and the Director of the IMO pollution cantre in Malta to propose some concrete action. Let us also use the institutions that are dealing with the Mediterranea like PAM in Malta to target this possible disaster before it happens. It is time now for the political parties to follow up aggressively Frank Portelli's warnings. Michael Bartolo

Angelo Cassar •

Chernobyl was a combination of human error and poor Russian designed reactor. The Russians did not have a plan for a worst case scenario either. So what the Russians did was to try and hide the nuclear accident from the rest of the world and it was only after Sweden alerted the rest of the world did the truth come out. The Chinese have just done the same this week with their oil spill - they tried to hide it. I suppose it is a specific type of political belief It is all about managing risks and whether you are equipped to manage a worse case scenario.. Today’s nuclear reactors are safer and they have different tiers of safety

Angelo Cassar •

South I thought replied to your remark whether I would say the same where Malta to be involved "The regulations I am proposing would bind us too in our endeavours to exploit the sea bed."

Alfred Galea •

While Hayward was sailing Obama was golfing and didn't comment on the spill until the 23/24th day. Still you didn't answer my question as to whether you'd say what you said in your article if the drilling was in Maltese waters and the profits going to the Maltese coffers. And whether you agree that nuclear reactors should have been banned after Chernobyl. Of course everything possible should be done to protect human lives anmd the environment but let's not go overboard just because of one incident.

Alfred Galea •

Angelo Cassar •

Jamrie That’s an interesting article - thank you Of course there’s more than meets the eye in BP being granted exploration rights in Sirte. On 20th August 2009 Scotland’s Justice Secretary Kenny Mac Askill declared that he had decided “that Mr al-Megrahi be released on compassionate grounds and be returned to Libya to die" – on the grounds that he was terminally ill and would die within 3 months. This must be the one of the greatest medical recovery ---since Lazarus

Angelo Cassar •

South Obviously you are welcome to employ Tony Hayward anytime – just remember when you employing him that during the height of the Gulf disaster Hayward flew back to Britain to sail his yacht “Bob” round the Isle of Wight's annual “Round the Island Race”. The regulations I am proposing would bind us too in our endeavours to exploit the sea bed. I am in favour of exploiting the sea – but it has to be regulated – if we want to keep our world safe. You might want to have a look at these images taken by NASA http://www.nasa.gov/topics/earth/features/oilspill/index.html

Jessica Chetcuti •

I just looked on oil exploration and off shore drilling as part of life, knowing that new finds or even disasters could inflate or deflate the world’s currency markets overnight. However the BP disaster in the Gulf has really opened my eyes to the consequences when things go terribly wrong. Although not the worst disaster where human life is concerned, it is certainly the worst ecologically, and to have the same company whose safety record is deplorable, operating on our doorstep doesn’t quite enthrall me with confidence. As you quite righty say this country relies so much on the sea, and a quick look around you will find oil platforms operating to the north of us, (the Vega field) and fully laden tankers waiting for instructions anchored off shore, it certainly puts this country in a very vulnerable position. While I share your concern, I would question the UN’s ability to ensure that the highest safety standards are implemented; who and how would the safety exercise take place, I’ve always thought that oil companies were a law to themselves. For proof of this, I think that you’ll find this interesting. http://euobserver.com/885/30484?

Alfred Galea •

If BP was drilling for oil in Maltese waters with the benefits going into Malta's debt-ridden coffers, will you be saying the same things?? Offshore drilling is going on around the world and this is about the only "ecological disaster" that has happened, and more than likely because of human errors, let's not make a big deal out of it. After all, was the building of nuclear reactors stopped after Chernobyl?? As for Hayward and Obama, I'd take Hayward as a CEO of my company anytime over Barack Hussein Obama. He's got more executive experience and he doesn't lie as much.

Angelo Cassar •

Mona Thank you for your comments The Sea was aptly described by Arvid Pardoas the ‘womb of life” . Malta cannot risk a disaster in the Mediterranean – a relatively closed water basin – which takes nearly 100 years to be replenished - because our way of life and our very well being depends on the Sea. I am not advocating we should not exploit the sea for our economic benefit – but we must have in place safety regulations. Neither Libya nor BP have a track record that inspire confidence. Yet they plan to go ahead and put our existence at risk. We cannot allow this. Libya and BP have put their financial interest first and foremost. BP put pressure on the UK government to release Megrahi. BP is on record as stating in 2007 we "did bring to the attention of the UK government …. our concerns about the slow progress in concluding a prisoner-transfer agreement with Libya…. we were aware that delay might have negative consequences for UK commercial interests, including ratification of BP's exploration agreement". Malta must take the initiative and demand an urgent meeting of the UN. At this moment in time even the USA – a non signatory to the law of the sea – will acknowledge that action must be taken – and that international safety standards must be established. We are Sea People – and we must ensure we defend our rights regards

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What has happened in the Gulf is an environmental disaster of a level the world has not yet seen. The damage to the Gulf of Mexico and Atlantic Ocean will be felt for decades, if not centuries. It had taken too long to stop which may cause mass extinctions of ocean wildlife. Our oceans, like the forests, are our lungs if these die... we all die. The severity must not be understated or glossed over in pretty speeches by wealthy executives and politicians. You are right, a similar oil spill in the Mediterranean would wreak ecological devastation and destroy our very livelihood, our sea, our beaches, and indeed tourism. The choice would be not to have them drill however, if this should happen, extremely stiff criminal laws need to be put in place to restrain those companies that want to engage in this activity. Extremely tight regulations must be in place to ensure the safety of the oceans. Other leak situations cannot happen in the future especially in the Mediterranean Sea. We are already not doing enough. One month of pumping oil directly into the ocean is way too long. Oil sands tailings near major rivers are nearly as much of a threat as this. Monica G.