Activities of Karsten Friedrich HOPPENSTEDT related to 2008/0015(COD)
Plenary speeches (1)
Geological storage of carbon dioxide (debate)
Amendments (60)
Amendment 88 #
Proposal for a directive – amending act
Recital 13 a (new)
Recital 13 a (new)
(13a) Beside a legislative framework for storage sites, incentives for further development of the technology, support of the installation of demonstration plants, as well as a legal framework created by the Member States for ensuring transport should be put in place as quickly as possible in order to successfully advance the use of CCS technologies.
Amendment 102 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Member States should determine in which cases exploration is required to generate the information necessary for the site selection. Such exploration should be made subject to a permit requirement. Member States should ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published and non- discriminatory criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited timeperiod which is necessary to carry out the activities, during which time the holder of the permit should have the sole right to explore the potential CO2 storage complex. Member States should ensure that no conflicting uses of the complex are permitted during this time. If no activities are carried out, the Member States should ensure that the exploration permit is withdrawn and can be granted to other entities.
Amendment 106 #
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Storage sites should not be operated without a storage permit. The storage permit should be the core instrument to ensure that the substantial requirements of the Directive are met and that geological storage hence takes place in an environmentally safe way. The explorer, who will as a rule have made substantial investments, should be favoured over competitors in the granting of the storage permit.
Amendment 108 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) All draft storage permits should be submitted to the Commission in order for it to be able to issue an opinion on the draft permits within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the permit and should justify any departure from the Commission's opinion. The review at Community level should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the DirectiveThe Member States should have the opportunity to submit draft storage permits to the Commission for verification.
Amendment 120 #
Proposal for a directive – amending act
Recital 26
Recital 26
(26) The responsibility for the storage site, including all ensuing legal obligations, should be transferred to the competent authority, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future. To this end, the operator should prepare a report documenting that the criterion has been fulfilled and submit it to the competent authority for approval of the transfer. All draft approval decisions should be submitted to the Commission in order for it to be able to issue an opinion on the draft approval decisions within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the approval and should justify any departure from the Commission’s opinion. As the review of draft storage permits at Community level, the review of draft approval decisions should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive.
Amendment 131 #
Proposal for a directive – amending act
Recital 29
Recital 29
(29) Access to CO2 transport networks and storage sites could become a condition for entry into or competitive operation within the internal electricity and heat market, depending on the relative prices of carbon and CCS. It is therefore appropriate to make arrangements for potential users to obtain such access on a non- discriminatory basis. This should be done in a manner to be determined by each Member State, applying the objectives of fair and open access and taking into account inter alia the transport and storage capacity which is available or can reasonably be made available as well as the proportion of its CO2 reduction obligations pursuant to international legal instruments and to Community legislation intended to meet through CO2 capture and geological storage. Member States should also establish dispute settlement mechanisms to enable expeditious settlement of disputes regarding access to CO2 transport networks and storage sites.
Amendment 142 #
Proposal for a directive – amending act
Article 1 - paragraph 1
Article 1 - paragraph 1
1. This Directive establishes a legal framework for the geological storage of carbon dioxide (hereinafter "CO2"). to contribute to the fight against climate change.
Amendment 148 #
Proposal for a directive – amending act
Article 1 - paragraph 2
Article 1 - paragraph 2
2. The purpose of geological storage is permanent containment of CO2 in such a way as to prevent or, where that is not practicable, reduce as far as possible negative effects on the environment and any resulting risk to human health.
Amendment 155 #
Proposal for a directive – amending act
Article 2 - paragraph 3
Article 2 - paragraph 3
3. The storage of CO2 in geological formationsa storage site with a storage complex extending beyond the area referred to in paragraph 1 shall not be permitted. This shall not apply where a level of protection comparable to that provided by this directive is guaranteed for the entire storage complex.
Amendment 164 #
Proposal for a directive – amending act
Article 3 - point 3
Article 3 - point 3
(3) '‘storage site'’ means a specificdefinable area within a geological formation used for the geological storage of CO2;
Amendment 172 #
Proposal for a directive – amending act
Article 3 - point 5
Article 3 - point 5
(5) ‘leakage’ means any measurable release of CO2 from the storage complex;
Amendment 175 #
Proposal for a directive – amending act
Article 3 - point 6 a (new)
Article 3 - point 6 a (new)
(6a)"hydraulic unit" means a hydraulically connected pore space where pressure communication can be measured by technical means and which is bordered by flow barriers (faults, salt domes, lithological boundaries) or by the wedging out or outcropping of the formation;
Amendment 186 #
Proposal for a directive – amending act
Article 3 - point 11
Article 3 - point 11
(11) 'substantial change' means a change which may have significant effects on the environment or human health;
Amendment 193 #
Proposal for a directive – amending act
Article 3 - point 16
Article 3 - point 16
(16) 'significant irregularity' means any irregularity in the injection or storage operations or in the condition of the site itself, which implies the risk of a leakage or risks to the environment or human health;
Amendment 196 #
Proposal for a directive – amending act
Article 3 - point 18
Article 3 - point 18
(18) ‘'closure’' of a CO2 storage site means the definite cessation of CO2 injection into that storage site including decommissioning measures such as dismantling the injection apparatus and sealing off the storage site;
Amendment 214 #
Proposal for a directive – amending act
Article 4 - paragraph 2
Article 4 - paragraph 2
2. A geological formation shall only be selected as a storage site, if under the proposed conditions of use there is no significant risk of leakage, and if there are no significant negativrisks for the environmental or health impacts are likely to occuruman health.
Amendment 223 #
Proposal for a directive – amending act
Article 4 a (new)
Article 4 a (new)
Article 4a Mapping The Member States shall draw up by 2010 maps showing the real CO2 storage capacities in their respective territories.
Amendment 225 #
Proposal for a directive – amending act
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published and non- discriminatory criteria.
Amendment 228 #
Proposal for a directive – amending act
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Exploration permits shall be granted for a limited volume area and for a maximum of two years, renewable once for a maximum of two. The period of validity of an exploration permit shall not exceed the time required to carry out the activity for which it was issued. The competent authorities may extend an exploration permit if its period of validity is not sufficient to complete the activity in question and the activity has been carried out in accordance with the exploration permit.
Amendment 233 #
Proposal for a directive – amending act
Article 5 – paragraph 4
Article 5 – paragraph 4
4. TWhere the holder of an exploration permit shall have the sole right to explore the potential CO2 storage complex. Member States shall ensure that no conflicting uses of the complex are permitted during the period of validity of the permiapplies for a storage permit in respect of the storage site he is exploring, he shall be given preferential treatment over all other applicants provided that the permit conditions set out in Article 6 are met.
Amendment 243 #
Proposal for a directive – amending act
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that the procedures for the granting of storage permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published and non- discriminatory criteria.
Amendment 246 #
Proposal for a directive – amending act
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. For the period of validity of the storage permit, its holder shall have the sole right of storage in the storage site.
Amendment 250 #
Proposal for a directive – amending act
Article 7 – introductory part
Article 7 – introductory part
Applications to the competent authority for storage permits shall include at least the following information:
Amendment 255 #
Proposal for a directive – amending act
Article 7 – point 4 a (new)
Article 7 – point 4 a (new)
(4a) Description of measures to prevent significant irregularities;
Amendment 260 #
Proposal for a directive – amending act
Article 8 – point 1 – point a
Article 8 – point 1 – point a
(a) all relevant requirements of this Directive and of relevant Community law are met;
Amendment 264 #
Proposal for a directive – amending act
Article 8 – point 1 – point b
Article 8 – point 1 – point b
(b) the management of the storage site will be in the hands of a natural person or legal entity who is technically competent and reliable to manage the site; professional and technical development and training of this person and all staff are provided;
Amendment 265 #
Proposal for a directive – amending act
Article 8 – point 1 – point b a (new)
Article 8 – point 1 – point b a (new)
(bad) no other storage permits have been issued within the same hydraulic unit;
Amendment 271 #
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
(2) the Commission has issued, at the request of the Member State, its opinion on the draft permit pursuant to Article 10(1);
Amendment 275 #
Proposal for a directive – amending act
Article 8 – point 3
Article 8 – point 3
Amendment 276 #
Proposal for a directive – amending act
Article 9 – introductory part
Article 9 – introductory part
The permit shall contain at least the following:
Amendment 278 #
Proposal for a directive – amending act
Article 9 – point 2
Article 9 – point 2
(2) precise location and delimitation of the storage site andthe storage complex and the hydraulic unit;
Amendment 281 #
Proposal for a directive – amending act
Article 9 – point 3
Article 9 – point 3
(3) rules governing the start-up and operation of the storage site, the total quantity of CO2 authorised to be geologically stored and maximum injection rates and pressures;
Amendment 284 #
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
(4) requirements for the composition of the CO2 stream and the CO2 acceptance procedure pursuant to Article 12, and, if necessary, further requirements for injection and storage, in particular to prevent significant irregularities;
Amendment 289 #
Proposal for a directive – amending act
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where Member States request the Commission's opinion on the draft storage permit pursuant to Article 8(2) they shall inform the Commission of all draft storage permits, the permit applications and any other material taken into consideration by the competent authority when adopting its draft decision. Within six months of their submission to the Commission, the Commission may issue an opinion on the draft permits.
Amendment 291 #
Proposal for a directive – amending act
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall inform the Commission of all draft storage permits, the permit applications and any other material taken into consideration by the competent authority when adopting its draft decision. Within sixthree months of their submission to the Commission, the Commission mayshall issue an opinion on the draft permits.
Amendment 294 #
Proposal for a directive – amending act
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates from the Commission opinion.
Amendment 300 #
Proposal for a directive – amending act
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) if it has been notified or become aware of significant irregularities or leakages pursuant to Article 16(1);
Amendment 305 #
Proposal for a directive – amending act
Article 11 – paragraph 4
Article 11 – paragraph 4
4. After a permit has been withdrawn pursuant to paragraph 3, the competent authority shall either issue a new storage permit or close the storage site pursuant to point (c) of Article 17(1). Until a new storage permit has been issuedUntil a new storage permit is issued or the storage site is closed pursuant to point (c) of Article 17(1), the existing operator shall retain responsibility for the storage site, including all ensuing legal obligations. Where the operator does not meet his obligations under Article 17(1)(c), the competent authority shall take over the responsibility for the storage site, including all ensuing legal obligations. To the extent possible, the competent authority shall recover any costs incurred from the former operator. Where this is not possible, recourse shall be had to the financial security pursuant to Article 19(2).
Amendment 315 #
Proposal for a directive – amending act
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process and substances necessary for transport on safety grounds. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.
Amendment 320 #
Proposal for a directive – amending act
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) comparison between the actual and modelled behaviour of CO2 and formation water in the storage site;
Amendment 321 #
Proposal for a directive – amending act
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) detecting leakage of CO2 and of substances set in motion by it;
Amendment 322 #
Proposal for a directive – amending act
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) detecting significant adverse effects for the surrounding environment, water forming part of the hydrological cycle, human populations, or users of the surrounding biosphere;
Amendment 334 #
Proposal for a directive – amending act
Article 17 – paragraph 2
Article 17 – paragraph 2
2. After a storage site has been closed pursuant to paragraph 1 points (a) or (b), the operator remains responsible for maintenance, monitoring, control, reporting, and corrective measures pursuant to the requirements laid down in this Directive, as well as for all ensuing obligations under other relevant provisions of Community legislation, until the responsibility for the storage site is transferred to the competent authority pursuant to Article 18(1) to (4). The operator shall also be responsible forClosure shall not be complete until the operator has sealinged the storage site and removinged the injection facilities.
Amendment 337 #
Proposal for a directive – amending act
Article 17 – paragraph 4
Article 17 – paragraph 4
4. After a storage site has been closed pursuant to paragraph 1 point (c), the competent authority shall remain responsible for maintenance, monitoring, control, and corrective measures pursuant to the requirements laid down in this Directive as well as for all ensuing obligations under other relevant provisions of Community legislation. The post-closure requirements pursuant to this Directive shall be fulfilled on the basis of the provisional post-closure plan submitted to and approved by the competent authority pursuant to Articles 7(7) and 9(7), which shall be updated as necessary. Where the competent authority takes these measures itself, it shall reclaim the costs from the operator. Where this is not feasible, recourse shall be had to the financial security pursuant to Article 19(2).
Amendment 346 #
Proposal for a directive – amending act
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall inform the Commission of all draft decisions of approval preparedtaken by the competent authority pursuant to paragraph 1, including the reports submitted by the operator and any other material taken into consideration by the competent authority when arriving at its conclusion. Within six months of their submission to the Commission, the Commission may issue an opinion on the draft decisions of approval.
Amendment 348 #
Proposal for a directive – amending act
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 353 #
Proposal for a directive – amending act
Article 18 – paragraph 5
Article 18 – paragraph 5
5. After the transfer of responsibility pursuant to paragraphs 1 to 4, monitoring may cease. However, ibe reduced to a level at which the identification of leakages or significant irregularities is still possible. If any leakages or significant irregularities are identified, monitoring shall be reactivatedstepped up as required to assess the scale of the problem and the effectiveness of corrective measures.
Amendment 360 #
Proposal for a directive – amending act
Article 18 – paragraph 6
Article 18 – paragraph 6
6. There shall be no recovery of costs incurred from the former operator after the transfer of responsibility to the competent authority pursuant to paragraphs 1 to 4. This shall not apply in cases of incorrect statements, failure to disclose relevant information, negligence, deliberate deception or abuse. The above shall be without prejudice to Article 19(2a).
Amendment 365 #
Proposal for a directive – amending act
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that adequate provisions, by way of financial security or any other equivalent, on the basis of modalities to be decided by the Member States, are made by the applicant prior to the submission of the application forissue of a storage permit to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post- closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be met.
Amendment 372 #
Proposal for a directive – amending act
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. From the commencement of CO2 injection until the closure of the storage site, the operator shall pay into a fund at the end of each year 2% of the value of the allowances which operators of plants covered by Directive 2003/87/EC were not required to surrender in that year thanks to storage of CO2 at that site. This fund shall serve to finance expenditure arising following the transfer of responsibility to the competent authority. This fund shall be established by the Member States.
Amendment 375 #
Proposal for a directive – amending act
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall take the necessary measures to ensure that potential users are able to obtain access to CO2 transport networks and to storage sites for the purposes of geological storage of the produced and captured CO2, in accordance with paragraphs 2 to 4. To that end, pipelines for which new permits are issued shall as a rule be designed in such a way that they are suited to take any CO2 stream of a given minimum quality, to be determined under the comitology procedure.
Amendment 380 #
Proposal for a directive – amending act
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. The access referred to in paragraph 1 shall be provided in a manner determined by the Member State. The Member State shall apply the objectives of fair and openprinciple of open and non- discriminatory access, taking into account
Amendment 390 #
Proposal for a directive – amending act
Article 23
Article 23
In cases of transboundary transport of CO2, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of other relevant Community legislation jointly. For transboundary storage sites, the national competent authority responsible for granting permits shall be that of the Member State in which the larger part of the storage site is likely to be situated.
Amendment 392 #
Proposal for a directive – amending act
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The competent authority shall establish and maintain a register of all closed storage sites and surrounding storage complexes, including maps of their spatial extent as well as other information relevant to determining that the stored CO2 is permanently and completely contained.
Amendment 393 #
Proposal for a directive – amending act
Article 28 a (new)
Article 28 a (new)
Article 28a Support for the introductory phase The Commission shall draw up, no later than the end of 2008, a financing plan to support the introductory phase of CCS. From 2008 to 2012 this financing instrument may be funded by unspent monies from the EU budget, and from 2013 may use some of the proceeds from the auctioning of EU emissions trading allowances.
Amendment 405 #
Proposal for a directive – amending act
Article 32
Article 32
Directive 2001/80/EEC
Article 9 a
Article 9 a
In Directive 2001/80/EC, the following Article 9a is inserted: ‘Article 9a Member States shall ensure that all combustion plants with a capacity of 300 megawatts or more for which the original construction license or, in the absence of such a procedure, the original operating licence is granted after the entry into force of Directive XX/XX/EC of the European Parliament and of the Council.(*), have suitable space on the installation site for the equipment necessary to capture and compress CO2 and that the availability of suitable storage sites and suitable transport facilities, and the technical and financial feasibility of retrofitting for CO2 capture have been assessed.
Amendment 411 #
Proposal for a directive – amending act
Article 33
Article 33
Directive 2004/35/EC
Annex III – paragraph 14
Annex III – paragraph 14
In Annex III to Directive 2004/35/EC, the following paragraph 14 is added: ‘14. The operation of storage sites pursuant to Directive XX/XX/EC of the European Parliament and of the Council until the transfer of responsibility to the competent authority.
Amendment 414 #
Proposal for a directive – amending act
Article 35 a (new)
Article 35 a (new)
Amendment 421 #
Proposal for a directive – amending act
Annex I – introductory part
Annex I – introductory part
The characterisation and assessment of storage sites referred to in Article 4 shall be carried out, in the light of the state of the art, in four steps according to the following criteria. Derogations from one or more of these criteria are permitted so long as the capacity of the characterisation and assessment to enable the determinations pursuant to Article 4 is not affected.
Amendment 425 #
Proposal for a directive – amending act
Annex I – Step 1 – point (h)
Annex I – Step 1 – point (h)
(h) Domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site, and where appropriate the borders of the hydraulic unit;