Exporting CO2 for Offshore Storage – The London Protocol’s Export Amendment

Abstract

The London Convention and London Protocol are the global treaties that protect the marine environment from pollution caused by the dumping of wastes. Since 2006, the London Protocol has provided a basis in international environmental law to allow carbon dioxide (CO2) storage beneath the seabed when it is safe to do so, and to regulate the injection of CO2 waste streams into sub-seabed geological formations for permanent isolation. However, Article 6 of the London Protocol prohibits the export of waste or other matter for dumping in the marine environment. Therefore in 2019, Contracting Parties to the London Protocol adopted a Resolution to allow provisional application of an amendment to Article 6 of the Protocol to allow export of CO2 for storage in sub-seabed geological formations. This now removed the last significant international legal barrier to carbon capture and storage (CCS), and means that CO2 can be transported across international borders to offshore storage. This paper will describe the background, details and requirements of this provisional application of the CCS export amendment, and the details and requirements of the two associated guidance and guideline documents, and their implications.