Activities of Kathalijne Maria BUITENWEG related to 2008/0015(COD)
Plenary speeches (1)
Geological storage of carbon dioxide (debate)
Amendments (65)
Amendment 91 #
Proposal for a directive – amending act
Recital 14
Recital 14
(14) This Directive should only apply to the geological storage of CO2 within the territory of the Member States, their exclusive economic zones and on their continental shelves. The Directive should not apply to research projects. It should, however, apply to demonstration projects with a total intended storage of 100 kilo tonnes or more. This threshold would also seem appropriate for the purposes of other relevant Community legislation. The sStorage of CO2 in geological formations extendingdensely populated areas should be permitted neither within nor beyond the territorial scope of this Directive. Storage of CO2 in the water column and storage at a depth of less than 1000 metres under the seabed should be permitted neither within nor beyond the territorial scope of this Directive and the. Further, the geological storage of CO2, in the water column should not be permitted. cluding storage at a depth of more than 1000 metres under the seabed, should not be permitted beyond the territorial scope of this Directive. Storage in sub-seabed formations should only be carried out in accordance with international agreements, to which Member States and/or the Community are party.
Amendment 94 #
Proposal for a directive – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) Enhanced hydrocarbon recovery (the recovery of hydrocarbon additional to that produced naturally by fluid injection or other means) should be excluded from the scope of this Directive. Enhanced hydrocarbon recovery is an economically viable activity, and has been hitherto carried out as such. Meanwhile, enhanced hydrocarbon recovery does not mitigate climate emissions, but it produces extra fossil fuels, thus extra emissions. Hence, geological storage under this Directive should exclude this process.
Amendment 98 #
Proposal for a directive – amending act
Recital 15
Recital 15
(15) Member States should retain the right to determine the areas within their territory from which storage sites may be selected. The selection of the appropriate storage site is crucial to ensure that the stored CO2 will be completely contained for the indefinite future. A site should therefore only be selected as a storage site, if there is no significantit is proven that there is no risk of leakage, and if in any case no significantno risk of adverse environmental or health impacts are likely to occur. This should be determined through a characterisation and assessment of a potential storage complex pursuant to specific requirements.
Amendment 99 #
Proposal for a directive – amending act
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should make a realistic assessment of the storage capacity available within their territory and send these assessments to the Commission before 2012. This information should be made public.
Amendment 103 #
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, non-discriminatory and published criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited time, 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.
Amendment 104 #
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Storage sites should not be operated without a storage permit. Storage site operators should be fully unbundled from power generators. According to the polluter pays principle, power generators must pay the costs for the storage of their CO2 emissions. 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.
Amendment 110 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) All draft sStorage permits should be submittawarded toby the Ccommission 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 whenpetent authority in each Member State following consultation with the Commission. The draft storage permits should be submitted to the Commission, which should have six months to issue a binding opinion. The competent authority should refrain from taking a decision on the final permit and should justify any departure frombefore the Commission issues its opinion. A storage permit should only be given if the binding opinion of the Commission's opinion is favourable. 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 Directive.
Amendment 112 #
Proposal for a directive – amending act
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to enhance accountability and transparency of the permit procedures, Member States should ensure, with regard to both exploration and storage permit granting procedures, that the public has adequate and effective access to information, participation rights and access to justice, in accordance with the relevant provisions of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003. The latter Directive provides for public participation in respect of the drawing up of certain plans and programmes relating to the environment. It also amends, with regard to public participation and access to justice, Council Directives 85/337/EEC and 96/61/EC, as well as Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.
Amendment 114 #
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The competent authority should review and where necessary update or withdraw the storage permit inter alia if it has been notified of any leakage or significant irregularities or leakages, if the reports submitted by the operators or the inspections carried out show non- compliance with permit conditions or if it is made aware of any other failure by the operator to meet the permit conditions. After the withdrawal of a permit, the competent authority should either issue a new permit or close the storage site. In the meantime, the competent authority should take over the responsibility for the storage site including all ensuing legal obligations. To the extent possible, cCosts incurred should be recovered from the former operator.
Amendment 116 #
Proposal for a directive – amending act
Recital 21
Recital 21
(21) Monitoring is essential to assess whether injected CO2 is behaving as expected, whether any migration or leakage occurs, and whether any identified leakage is damaging the environment or human health. To that end, Member States should ensure, through verification and validation, that during the operational phase, the operator monitors the storage complex and the injection facilities on the basis of a monitoring plan designed pursuant to specific monitoring requirements. The plan should be submitted to and approved by the competent authority. In the case of geological storage under the seabed, monitoring should further be adapted to the uncertainty and operational difficulties associated with managing CCS technology in the marine environment.
Amendment 118 #
Proposal for a directive – amending act
Recital 23
Recital 23
(23) Provisions are required covering liability for damage to the local environment and climate damage, resulting from any failure of permanent containment. Liability for environmental damage (damage to protected species and natural habitats, water and land) is regulated by Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, which should be applied to the transport of CO2 for geological storage purposes and the operation of storage sites pursuant to the present Directive. Liability for climate damage as a result of leakages is covered by the inclusion of storage sites in Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, which requires surrender of emissions trading allowances for any leaked emissions. In addition, this Directive should establish the obligation on the operator to take corrective measures in case of significant irregularities or leakages on the basis of a corrective measures plan submitted to and approved by the competent national authority. Where the operator fails to take the necessary corrective measures, these measures should be taken by the competent authority, which should recover the costs from the operator. The costs of remedying damage to the environment during transport and storage at the operating, closure and post-closure phase, to the extent not covered by the abovementioned instruments, or in case financial security is not available or adequate, should be covered by a fund which is jointly financed through the contributions of storage site operators and power generators, and which is managed by the competent authority. This fund should, in case financial security is not available or adequate, also cover traditional civil damage to property, health etc.
Amendment 119 #
Proposal for a directive – amending act
Recital 25
Recital 25
(25) After a storage site has been closed, the operator should remain responsible for maintenance, monitoring and control, reporting, and corrective measures pursuant to the requirements of this Directive on the basis of a post-closure plan submitted to and approved by the competent authority as well as for all ensuing obligations under other relevant Community legislation until the responsibility for the storage site is transferred to the competent authority. The operator should remain responsible for at least 100 years after the closure of a site.
Amendment 122 #
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 binding 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 fromApproval of the transfer by the competent national authorities should only be given if the binding opinion of the Commission’s opinion is favourable. 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. In similar legal terms as under the permit granting process, Member States should ensure transparency and accountability in the approval of the transfer by providing adequate and effective access to information, public participation rights and access to justice for the public.
Amendment 124 #
Proposal for a directive – amending act
Recital 27
Recital 27
(27) After the transfer of responsibility, monitoring should be allowed to cease, but should be re-activated, ifcontinue for at least the next 100 years. If any leakages or significant irregularities are identified. There should be no recovery of costs incurred by the competent authority from the former operator after the transfer of responsibil, the necessary corrective measures should be taken by the competent authority. In the event that the closure of the storage site was based on inaccurate or false information, the operator should remain liable for the costs of corrective measures and any damage caused to human health or the environment. In all other cases, the relevant costs should be covered by the fund jointly financed by the operators' and power generators´ contributions and managed by the competent authority.
Amendment 126 #
Proposal for a directive – amending act
Recital 28
Recital 28
(28) Financial provision should be made provided in order to raise confidencensure that closure and post- closure obligations, obligations arising from inclusion under Directives 2003/87/EC and 2004/35/EC, and obligations under thisese Directives to take corrective measures in case of leakages or significant irregularities or leakages, can be met. Member States should ensure that financial provisions, by way of financial security or any other equivalent, are made by the applicant prior to the submission of the permit application.
Amendment 129 #
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. This should be done in a manner tomeans that transport operators should be fully unbundled from both storage site operators and users (i.e. power generators). The latter should bear all the costs of transporting CO2 from the capture to the storage site. The conditions of access to transport networks and storage sites should 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 be 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 132 #
Proposal for a directive – amending act
Recital 30
Recital 30
(30) Provisions are required to ensure that in cases of transboundary CO2 transport, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of all other Community legislation jointly, as well as all the international agreements to which Member States and/or the Community are party. The provisions of Article 7 of Directive 85/337/EEC should also apply in this case.
Amendment 133 #
Proposal for a directive – amending act
Recital 31
Recital 31
(31) The competent authority should establish and maintain a register of all operating and closed storage sites and surrounding storage complexes, including maps of their spatial extent to be taken into consideration by the competent national authorities in relevant planning and permitting procedures. The register should also be reported to the Commission.
Amendment 134 #
Proposal for a directive – amending act
Recital 33
Recital 33
(33) Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive. Those penalties should be effective, proportionate and dissuasive. For serious violations of the obligations arising from a permit granted according to this Directive, including the obligation to undertake corrective measures, which result in CO2 being emitted into the soil, air or water, operators should further be criminally liable under the terms of Directive 2008/XX/EC of the European Parliament and of the Council on the protection of the environment through criminal law.
Amendment 135 #
Proposal for a directive – amending act
Recital 35
Recital 35
(35) Directive 85/337/EEC should be amended to cover capture and transport of CO2 streams for the purposes of geological storage as well as storage sites pursuant to this Directive. Directive 96/61/EC should be amended to cover capture of CO2 streams for the purposes of geological storage from installations covered by that Directive. Directive 2004/35/EC should be amended to cover the transport of CO2 for geological storage purposes and operation of storage sites pursuant to this Directive.
Amendment 136 #
Proposal for a directive – amending act
Recital 37
Recital 37
(37) The transition to low-carbon power generation requires that new investments in fossil fuel power generation are made in such a way as to facilitate substantial reductions in emissions. To this end, Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants should be amended to require that allnew combustion plants, for which the original construction license or the original operating licence is granted after the entry into force of this Directive, 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 transport networks, as well as the technical feasibil with a capacity of 200 megawatts or more may only be authorised if their emissions fall below the limity of retrofitting for CO2 capture, have been assessed350 g CO2/kWh.
Amendment 137 #
Proposal for a directive – amending act
Article 1 - paragraph 1
Article 1 - paragraph 1
1. This Directive establishes a legal framework for the transport of carbon dioxide for geological storage purposes and geological storage of carbon dioxide (hereinafter "CO2").
Amendment 144 #
Proposal for a directive – amending act
Article 1 - paragraph 2
Article 1 - paragraph 2
2. The purpose of geological storage is to permanent containment of CO2 in such a way as to prevent or reduce as far as possible negative effects on the environment and any resulting risk toly and safely contain CO2 underground in such a way as to prevent any risk of negative environmental or human health impacts.
Amendment 151 #
Proposal for a directive – amending act
Article 2 - paragraph 1
Article 2 - paragraph 1
1. This Directive shall only apply to the geological storage of CO2 on the territory of the Member States, their exclusive economic zones and on their continental shelves within the meaning of the United Nations Convention on the Law of the Seas (UNCLOS). Enhanced hydrocarbon recovery shall be excluded from the scope of this Directive.
Amendment 156 #
Proposal for a directive – amending act
Article 2 - paragraph 3
Article 2 - paragraph 3
3. The geological storage of CO2, in geological formations extendingcluding storage under the seabed, beyond the area referred to in paragraph 1 shall not be permitted. The storage of CO2 under the seabed shall further be conducted in accordance with international agreements, to which Member States and/or the Community are party.
Amendment 157 #
Proposal for a directive – amending act
Article 2 - paragraph 4
Article 2 - paragraph 4
4. The storage of CO2 in the water column within or beyond the area referred to in paragraph 1 shall not be permitted.
Amendment 158 #
Proposal for a directive – amending act
Article 2 - paragraph 4 a (new)
Article 2 - paragraph 4 a (new)
4a. The storage of CO2 in densely populated areas shall not be permitted.
Amendment 161 #
Proposal for a directive – amending act
Article 3 - point 1 a (new)
Article 3 - point 1 a (new)
(1a) 'enhanced hydrocarbon recovery' means the recovery of hydrocarbon additional to that produced naturally by fluid injection or other means;
Amendment 163 #
Proposal for a directive – amending act
Article 3 - point 3
Article 3 - point 3
(3) 'storage site' means a defined area within a specific geological formation used for the geological storage of CO2 and associated surface and injection facilities;
Amendment 173 #
Proposal for a directive – amending act
Article 3 - point 5
Article 3 - point 5
(5) 'leakage' means any release of CO2 from the storage complexsite;
Amendment 178 #
Proposal for a directive – amending act
Article 3 - point 8
Article 3 - point 8
(8) 'exploration permit' means a written and reasoned decision authorising exploration in a geological formation which has been found to be suitable in accordance with the conditions set out in Article 4, issued by the competent authority pursuant to the requirements of this Directive;
Amendment 180 #
Proposal for a directive – amending act
Article 3 - point 9 a (new)
Article 3 - point 9 a (new)
(9a) ‘transport operator’ means any natural or legal, private or public person, who is fully unbundled from the storage site operator and the user (i.e. power generator), and who operates or controls the transport of CO2 to the storage site or to whom decisive economic power over the technical functioning of the transport network has been delegated under national legislation;
Amendment 181 #
Proposal for a directive – amending act
Article 3 - point 10
Article 3 - point 10
(10) 'storage permit' means a written and reasoned decision authorising the geological storage of CO2 in a storage site, and containing all the elements required under Article 9, issued by the competent authority pursuant to the requirements of this Directive;
Amendment 185 #
Proposal for a directive – amending act
Article 3 - point 11
Article 3 - point 11
(11) 'substantial change' means a change which may have significantadverse effects on the environment or human health;
Amendment 187 #
Proposal for a directive – amending act
Article 3 - point 12
Article 3 - point 12
(12) 'CO2 stream' means a flow of substances containing no less than 98% CO2 that results from carbon dioxide capture processes, into which no wastes or other matter have been added for the purpose of disposing of them and which does not contain corrosive substances, such as H2S and SO2;
Amendment 194 #
Proposal for a directive – amending act
Article 3 - point 17
Article 3 - point 17
(17) 'corrective measures' means any measures taken to correct significant irregularities or to close leakages in order to prevent or minimise the release of CO2 from the storage complexstop any leakage;
Amendment 203 #
Proposal for a directive – amending act
Article 3 - point 20 c (new)
Article 3 - point 20 c (new)
(20c) 'verification' means the process of ensuring the proper - according to scientific knowledge - monitoring procedures are in place;
Amendment 207 #
Proposal for a directive – amending act
Article 3 - point 20 g (new)
Article 3 - point 20 g (new)
(20g) 'validation' means the process of ensuring that the "set limits” control adequately the risks of CO2 leakage and of adverse effects on the environment or public health and safety;
Amendment 211 #
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 no significant negative environmental risk of leakage, if no risk of adverse environmental or health impacts exists, in particular with regard to water quality, and if its use to store CO2 does not directly compete with other actual or potential water or energy-related uses, including strategic ones for thealth impacts are likely to occur security of the Community energy supply (e.g. gas storage) or the use of renewable (e.g. geothermal) energy sources.
Amendment 222 #
Proposal for a directive – amending act
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Member States shall make a realistic assessment of the storage capacity available within their territory. Member States shall send these assessments to the Commission before 2012. This information shall be made public.
Amendment 226 #
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, non-discriminatory and published criteria.
Amendment 227 #
Proposal for a directive – amending act
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall ensure that the views of the public are duly taken into account during the process of granting an exploration permit. For this purpose, Member States shall ensure that the public and its members have adequate and effective access to information, participation rights and access to justice, according to the relevant provisions of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC, as well as Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.
Amendment 230 #
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 twohree years, renewable once for a maximum offor three years at a time, and for as long as is necessary two yearscarry out the exploration of the prospective storage site.
Amendment 238 #
Proposal for a directive – amending act
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Pre-injection monitoring should be proposed and included in the exploration permit.
Amendment 242 #
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 criteria. non-discriminatory and published criteria. Storage site operators shall be fully unbundled from users (i.e. power generators).
Amendment 297 #
Proposal for a directive – amending act
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that no substantial change is implemented without a new storage permit issued in accordance with this Directive. The provisions of Directive 85/337/EEC shall also apply in this case.
Amendment 299 #
Proposal for a directive – amending act
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) if it has been notified ofr made aware of any leakage or significant irregularities or leakages pursuant to Article 16(1);
Amendment 307 #
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 issued, 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.
Amendment 311 #
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. 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 legislationf at least 98% carbon dioxide and shall not contain corrosive substances such as H2S and SO2. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter.
Amendment 325 #
Proposal for a directive – amending act
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In the case of geological storage under the seabed, the monitoring requirements set out in paragraph 1 shall further be adapted to the uncertainty and operational difficulties associated with managing CCS technology in the marine environment.
Amendment 326 #
Proposal for a directive – amending act
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The monitoring shall be based on a monitoring plan designed by the operator pursuant to the requirements laid out in Annex II, submitted to and approved by the competent authority pursuant to Articles 7(5) and 9(5). The latter should also carry out the validation and verification. The plan shall be updated pursuant to the requirements laid down in Annex II and in any case every five years to take account of technical developments. Updated plans shall be re-submitted for approval to the competent authority.
Amendment 330 #
Proposal for a directive – amending act
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The corrective measures referred to in paragraph 1 shall be taken on the basis of a corrective measures plan submitted to and approved by the competent authority and the Commission pursuant to Articles 7(6) and 9(6); . Those measures shall be made public.
Amendment 333 #
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 for sealing the storage site and removing the injection facilities. The operator should remain responsible for at least 100 years after the closure of a site.
Amendment 338 #
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. The operator shall still be legally and financially responsible for the site, and should keep financial security or other equivalent pursuant to Article 19(2)(b)(ii).
Amendment 339 #
Proposal for a directive – amending act
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where a storage site has been closed pursuant to points (a) or (b) of Article 17(1), the responsibility for the closed site, including all ensuing legal obligations, shall be transferred to the competent authority on its own initiative or upon request from the operator, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite futureafter expiry of a 100-year period, and after all the conditions set out in the storage permit for the transfer of responsibility have been met. To this end, the operator shall prepare a report documenting that this criterion has been met and submit it to the competent authority for the latter to approve the transfer of responsibility.
Amendment 347 #
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 prepared 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 mayshall issue ana binding opinion on the draft decisions of approval. The provisions of Article 6(2a) shall also apply to the draft decisions of approval.
Amendment 355 #
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 ceaseshall continue for the next 100 years. Upon expiry of this period, it may be substantially reduced. However, if any leakages or significant irregularities are identified, monitoring shall be reactivated as required to assess the scale of the problem and the effectiveness of corrective measures.
Amendment 358 #
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 4If any leakages or significant irregularities are identified, the necessary corrective measures shall be taken by the competent authority. In the event that the closure of the storage site has been based on inaccurate or false information, the operator shall cover the costs of the corrective measures and remain liable for any damage caused to human health or the environment. In all other cases, the costs shall be covered by the fund established under Article 19a, financed by the operators' contributions and managed by the competent authority.
Amendment 369 #
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 for 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 metand Directive 2004/35/EC can be met. The financial security should be set at such a level as to cover liability for any damage caused to third parties, as well as the costs of remediation of environmental damage, and at any rate no less than EUR [x] billion.
Amendment 374 #
Proposal for a directive – amending act
Article 19 a (new)
Article 19 a (new)
Article 19a In each Member State, a segregated reserve fund shall be established and maintained through annual contributions jointly paid by storage site operators and power generators. This fund shall be held and administered by the competent authority. The operators’ contributions shall be proportional to the capacity of the storage site in volume units of CO2, past performance of the operator and the risk profile of the site according to the parameters set out in Annex I. Contributions shall cease after the transfer of responsibility to the competent authority. The fund shall be used to cover the costs for monitoring and corrective measures, as well as costs for remedying traditional damage (e.g. damage to health, property etc.) and environmental damage after the transfer of responsibility, and exceptionally also before such a transfer, when liability is not covered by Directive 2004/35/EC or Directive 2003/87/EC, and/or if financial security is inadequate or unavailable.
Amendment 376 #
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. However, users shall bear the full costs of access to such networks and sites.
Amendment 377 #
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 and shall be carried out by transport operators who shall be fully unbundled from both storage site operators and users (i.e. power generators). The Member State shall apply the objectives of fair and open access, taking into account:
Amendment 406 #
Proposal for a directive – amending act
Article 32
Article 32
Directive 2001/80/EEC
Article 9 a – paragraph 1 a (new)
Article 9 a – paragraph 1 a (new)
1a. Paragraph 1 shall cover the entirety of the combustion plant.
Amendment 426 #
Proposal for a directive – amending act
Annex I – Step 1 – point (k)
Annex I – Step 1 – point (k)
(k) Possible interactions with other activities (e.g. exploration, production and storage of hydrocarbons), geothermal use of aquifers)especially competition with renewable energy sources (e.g. geothermal use of aquifers) and underground water reserves;
Amendment 427 #
Proposal for a directive – amending act
Annex I – Step 1 – point (l)
Annex I – Step 1 – point (l)
(l) Proximity to the potential CO2 source(s) (including estimates of the total potential mass of CO2 economically available for storage), since transport over long distances can become prohibitively expensive), as well as availability of a safe and adequate transport network.