Transposition of the EU CCS Directive: Status in selected Member States
EU Member States have an obligation under EU law to transpose the provisions of the CCS Directive into national law and must communicate the text of any such laws and other administrative measures to the European Commission. The deadline for communication specified in the Directive was 25 June 2011.
If a Member State communicated nothing by that deadline, the European Commission has the power to bring formal infringement proceedings against the Member State, which can eventually lead a referral to the European Court of Justice. Generally the Commission will give some leeway if there is a clear intention by the Member State to communicate the relevant legislation within a reasonable time frame.
The European Commission will also be checking the text of any legislation communicated to it to see whether it adequately reflects the obligations under the Directive. If the transposition is incomplete or incorrect, the Commission can bring infringement proceedings against the Member State concerned.
From the Commission's perspective, whether Member States haveformally communicated its transposition measures is a crucial first step. The information below is divided into (1) legislation and any other measures formally communicated to the European Commission, as recorded by the European Commission on their public website (2) other information about national laws including links to relevant agencies and publications relevant to the national implementation of the Directive, though not formally communicated to the Commission.
Austria
National Measures Communicated to the European Commission
Bekendtgørelse nr 706 af 24. juni 2011 om ændring af bekendtgørelse om godkendelse aflistevirksomhed (Legal act: Bekendtgørelse, number: 706; Entered into force: 29/06/2011) (in Danish)
Estonia
National Measures Communicated to the European Commission
None as yet
Finland
National Measures Communicated to the European Commission
Commentary
France started the transposition process immediately after the adoption of the Directive. Amendments were made to include CCS activities within the scope of the Mining and the Environmental Code. Regulations are also in the process of being adopted.
Commentary
Germany began work on a CCS law in 2008. A first draft was approved by Cabinet in April 2009. Progress on the draft law was then postponed in 2009 due to public opposition and because of the timing of a federal election. The draft was amended in July 2010 and again in April 2011. The German government is aiming for the legislation to enter into force in Fall 2011.
Competent Authorities
Ministry of Environment (responsible for climate change)
Ministry of Economic Affairs (responsible for energy and CCS).
Landers (regions) will have responsibilities for issues related to CCS and land use and granting of permits
Greece
National Measures Communicated to the European Commission
None as yet.
Hungary
National Measures Communicated to the European Commission
None as yet.
Ireland
National Measures Communicated to the European Commission
Competent authority
The Government has appointed an Interdepartmental Committee on CCS to oversee the regulatory work necessary to implement CCS in Ireland.
Competent authority
Ministry of Economic Development, in consultation with Ministry of the Environment and dedicated Committee on CCS established by the Legislative Decree.
Osservatorio CCS - an independent Foundation whose aim is to promote informed debate about CCS amongst stakeholders in Italy (in Italian). It contains an interesting selection of documents in English and Italian.
Lietuvos Respublikos Anglies dioksido geologinio saugojimo įstatymas Nr. XI-1550 (Legal act: Įsakymas, number: XI-1550/2011; entered into force: 19/07/2011) (in Lithuanian)
Lietuvos Respublikos planuojamos ūkinės veiklos poveikio aplinkai vertinimo Įstatymo pakeitimoįstatymas Nr. X-258 (Legal act: Įsakymas, number: X-258/2005; entered into force: 12/07/2005)
Luxembourg
National Measures Communicated to the European Commission
Commentary
The Directive will be transposed into the Mining Act. In March 2010 an Implementation Proposal (IP) for the Mining Act was sent to Parliament. The IP implemented both the CCS Directive and the OSPAR CCS amendments. Subsequently, debates about amendments to the IP took place. The IP first had to be adopted by the Parliament (First Chamber) and the Senate (First Chamber). The text of the proposal was approved by Parliament (Second Chamber) on 25 January 2011, without amendments. The Senate is set to vote on the IP mid to late 2011, after which time it will enter into force by a date yet to be determined. Changes to the Mining Decree, Mining regulation, Environmental impact report and Emission requirements combustion plants requirements will also be needed to implement the Directive.
Competent authority
Ministry of Economic Affairs, Agriculture and Innovation.
Haan-Kamminga, A., Roggenkamp, M.M. and Woerdman, E., Legal Uncertainties of Carbon Capture and Storage in the EU: The Netherlands as an Example, 3 Carbon and Climate Law Review (2010), 240-249.
Roggenkamp, M.M. and Woerdman, E. (eds.) (2009), Legal Design of Carbon Capture and Storage: Developments in the Netherlands from an International and EU Perspective, Antwerpen: Intersentia
Poland
National Measures Communicated to the European Commission
Poland is in the process of transposing the Directive. Draft amendments to the Polish Geological and Mining Law and other relevant laws have been submitted for adoption by the Council of Ministers. Following adoption, formal draft legislation will be submitted to the Parliament. Poland intends to limit the application of its legislation to the demonstration phase of CCS, to 2026.
National Measures Communicated to the European Commission
None as yet.
Romania
National Measures Communicated to the European Commission
Hotărâre privind stabilirea unor măsuri pentru limitarea emisiilor în aer ale anumitor poluanţi proveniţi de la instalaţiile mari de ardere. (Legal act: Hotărâre de Guvern, number: 440; entered into force: 27/05/2010)
Ordonanță de urgență privind prevenirea şi controlul integrat al poluării. (Legal act: Ordonanță de urgență, number: 152; entered into force: 30/11/2005.)
Competent authority
The Ordonanță de urgență specifies the authorities responsible for fulfilling its requirements. The bodies are: the Ministry of Environment and Forests (including the National Environmental Protection Agency and National Environmental Guard); the Ministry of Economy, Trade and the Business Environment; the Ministry of Public Finance; the National Agency for Mineral Resources; and the Romanian Energy Regulatory Authority.
National Measures Communicated to the European Commission
Förordning (2011:921) om ändring i förordningen (1998:899) om miljöfarlig verksamhet och hälsoskydd (Legal act: Förordning;, number: 2011:921, entered into force: 15/08/2011)
United Kingdom
National Measures Communicated to the European Commission
Commentary
The UK is well advanced in the transposition process of the EU CCS Directive. The Directive is being implemented by the adoption of secondary legislation under the authority of the Energy Act 2008 and by amending existing legislation, where necessary. Consultations among stakeholders have been conducted on several aspects of the transposition process, such as carbon capture readiness, licensing, access provisions, pipeline safety, and environmental permitting. Regulations on access to transport infrastructures and storage sites are being finalised.
Competent Authorities
Department for Energy and Climate Change - responsible for the permitting regime for CO2 storage in areas within UK territorial waters or in the Gas Importation and Storage Zone under the authority of the Energy Act 2008
Scottish Ministers - responsible for the permitting regime for CO2 storage in onshore Scotland and in territorial waters adjacent to Scotland under the authority of the Energy Act 2008