Main current legal and regulatory frameworks for carbon dioxide capture, transport, and storage in the European Economic Area

Abstract

There is broad consensus on the key role that carbon dioxide (CO₂) capture, transport, and storage (CCTS) systems will play in mitigating climate change, either by removing CO₂ from the atmosphere and storing it permanently or by avoiding CO₂ emissions generated by point sources, especially from hard-to-abate sectors (e.g., waste-to-energy, cement, shipping or aviation). Although CCTS is ready to be implemented from a technical standpoint, the legal and regulatory framework required for its implementation and regulation could be further improved. In this article, we summarize and critically discuss the provisions of the Convention for the Protection of the Marine Environment of the North-East Atlantic (the ‘OSPAR Convention’), and of the London protocol, as well as of the European CCS and ETS Directives. With a focus on the European Economic Area, we highlight existing gaps and hurdles that should be tackled in view of the large-scale deployment of CCTS. Furthermore, as the legal landscape for CO₂ transport and geological storage is evolving rapidly, we provide an overview of recent clarifications on aspects of the existing legislation and a summary of new proposals presented by the European Commission in this space.