There are numerous pieces of legislation regarding protection of the marine environment which may have a bearing upon the legality of CCS activities. However, in the international field, three main international agreements have traditionally provided obstacles to their deployment. The United Nations Convention on the Law of the Sea (UNCLOS) of 1982 is a framework agreement which provides protection to all marine areas; whereas the London Convention of 1972 and its superseding London Protocol of 1996 were created to protect the marine environment and prevent pollution caused by the dumping of waste.
What is their collective effect upon CCS activities?
The main international agreements on the protection of the marine environment have a substantial effect upon the legal requirements for the deployment of offshore CCS activities. Provisions preventing marine pollution and prohibiting the dumping of wastes at sea could constitute an unwitting obstacle to CCS development. Depending on the scope of the definition of 'pollution' or 'waste' provided in these treaties, CO2 sequestration could be considered a form of marine pollution or dumping and therefore prohibited.
To date, only the London Protocol has been amended in order to remove legal barriers to CCS development; specific enabling conditions have been provided in order to reconcile CCS activities with the protection of the marine environment. (For amendments at regional level, see the Regional Offshore section).
Other international treaties, such as the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal, the International Convention for the Prevention of Pollution from Ships (MARPOL)could follow the same approach in the future.
What is their relationship with other EU or national laws?
The international marine regulatory system cannot be considered in isolation in this instance. Many states who are contracting parties to the conventions and protocols detailed below are also parties to regional agreements or have passed domestic legislation which may also have a bearing upon the deployment of carbon capture technologies. The combination of international, regional and national legislation governing a particular activity, such as in the case of CCS, is intended to constitute a coherent, and gradually more detailed, legal framework. States have to make sure that the provisions embedded into their national legislation do not conflict with their obligations under international or regional laws. The relationship between an international agreement entered into by a Member States and its obligations under EU law is governed by public international law, taking into account whether the agreement was concluded prior or subsequent to the Member State's accession to the European Community/Union.