What changed, Directive 2009/31/EC

+ ## CHAPTER 1 — SUBJECT MATTER, SCOPE AND DEFINITIONS
− ## CHAPTER 1 / SUBJECT MATTER, SCOPE AND DEFINITIONS
+ **1.** This Directive establishes a legal framework for the environmentally safe geological storage of carbon dioxide (CO2) to contribute to the fight against climate change.
− 1. This Directive establishes a legal framework for the environmentally safe geological storage of carbon dioxide (CO2) to contribute to the fight against climate change.
+ **2.** The purpose of environmentally safe geological storage of CO2 is permanent containment of CO2 in such a way as to prevent and, where this is not possible, eliminate as far as possible negative effects and any risk to the environment and human health.
− 2. The purpose of environmentally safe geological storage of CO2 is permanent containment of CO2 in such a way as to prevent and, where this is not possible, eliminate as far as possible negative effects and any risk to the environment and human health.
+ **1.** This Directive shall apply to the geological storage of CO2 in 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 Sea (Unclos).
− 1. This Directive shall apply to the geological storage of CO2 in 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 Sea (Unclos).
+ **2.** This Directive shall not apply to geological storage of CO2, with a total intended storage below 100 kilotonnes, undertaken for research, development or testing of new products and processes.
− 2. This Directive shall not apply to geological storage of CO2, with a total intended storage below 100 kilotonnes, undertaken for research, development or testing of new products and processes.
+ **3.** The storage of CO2 in a storage site with a storage complex extending beyond the area referred to in paragraph 1 shall not be permitted.
− 3. The storage of CO2 in a storage site with a storage complex extending beyond the area referred to in paragraph 1 shall not be permitted.
+ **4.** The storage of CO2 in the water column shall not be permitted.
− 4. The storage of CO2 in the water column shall not be permitted.
+ ## CHAPTER 2 — SELECTION OF STORAGE SITES AND EXPLORATION PERMITS
− ## CHAPTER 2 / SELECTION OF STORAGE SITES AND EXPLORATION PERMITS
+ **1.** Member States shall retain the right to determine the areas from which storage sites may be selected pursuant to the requirements of this Directive. This includes the right of Member States not to allow for any storage in parts or in the whole of their territory.
− 1. Member States shall retain the right to determine the areas from which storage sites may be selected pursuant to the requirements of this Directive. This includes the right of Member States not to allow for any storage in parts or in the whole of their territory.
+ **2.** Member States which intend to allow geological storage of CO2 in their territory shall undertake an assessment of the storage capacity available in parts or in the whole of their territory, including by allowing exploration pursuant to Article 5. The Commission may organise an exchange of inf…
− 2. Member States which intend to allow geological storage of CO2 in their territory shall undertake an assessment of the storage capacity available in parts or in the whole of their territory, including by allowing exploration pursuant to Article 5. The Commission may organise an exchange of informa…
+ **3.** The suitability of a geological formation for use as a storage site shall be determined through a characterisation and assessment of the potential storage complex and surrounding area pursuant to the criteria specified in Annex I.
− 3. The suitability of a geological formation for use as a storage site shall be determined through a characterisation and assessment of the potential storage complex and surrounding area pursuant to the criteria specified in Annex I.
+ **4.** 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 environmental or health risks exist.
− 4. 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 environmental or health risks exist.
+ **1.** Where Member States determine that exploration is required to generate the information necessary for selection of storage sites pursuant to Article 4, they shall ensure that no such exploration takes place without an exploration permit.Where appropriate, monitoring of injection tests may be i…
− 1. Where Member States determine that exploration is required to generate the information necessary for selection of storage sites pursuant to Article 4, they shall ensure that no such exploration takes place without an exploration permit.
+ **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 or refused on the basis of objective, published and non-discriminatory criteria.
− Where appropriate, monitoring of injection tests may be included in the exploration permit.
+ **3.** The duration of a permit shall not exceed the period necessary to carry out the exploration for which it is granted. However, the Member States may extend the validity of the permit where the stipulated duration is insufficient to complete the exploration concerned and where the exploration h…
− 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 or refused on the basis of objective, published and non-discriminatory criteria.
− 
− 3. The duration of a permit shall not exceed the period necessary to carry out the exploration for which it is granted. However, the Member States may extend the validity of the permit where the stipulated duration is insufficient to complete the exploration concerned and where the exploration has b…
+ **4.** 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 permit.
− 4. 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 permit.
+ ## CHAPTER 3 — STORAGE PERMITS
− ## CHAPTER 3 / STORAGE PERMITS
+ **1.** Member States shall ensure that no storage site is operated without a storage permit, that there shall be only one operator for each storage site, and that no conflicting uses are permitted on the site.
− 1. Member States shall ensure that no storage site is operated without a storage permit, that there shall be only one operator for each storage site, and that no conflicting uses are permitted on the site.
+ **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 transparent criteria.
− 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 transparent criteria.
+ **3.** Without prejudice to the requirements of this Directive, priority for the granting of a storage permit for a particular site shall be given to the holder of the exploration permit for that site, provided that the exploration of that site is completed, that any condition set in the exploration…
− 3. Without prejudice to the requirements of this Directive, priority for the granting of a storage permit for a particular site shall be given to the holder of the exploration permit for that site, provided that the exploration of that site is completed, that any condition set in the exploration per…
+ 1. the competent authority, on the basis of the application submitted pursuant to Article 7 and of any other relevant information, is satisfied that: (a) all relevant requirements of this Directive and of other relevant Community legislation are met; (b) the operator is financially sound and technic…
− 1. the competent authority, on the basis of the application submitted pursuant to Article 7 and of any other relevant information, is satisfied that:
− (a) all relevant requirements of this Directive and of other relevant Community legislation are met;
− 
− (b) the operator is financially sound and technically competent and reliable to operate and control the site and that professional and technical development and training of the operator and all staff are provided;
− 
− (c) in the case of more than one storage site in the same hydraulic unit, the potential pressure interactions are such that both sites can simultaneously meet the requirements of this Directive;
− 
+ **1.** Member States shall make the permit applications available to the Commission within one month after receipt. They shall also make available other related material that shall be taken into account by the competent authority when it seeks to make a decision on the award of a storage permit. The…
− 1. Member States shall make the permit applications available to the Commission within one month after receipt. They shall also make available other related material that shall be taken into account by the competent authority when it seeks to make a decision on the award of a storage permit. They sh…
+ **2.** The competent authority shall notify the final decision to the Commission, and where it departs from the Commission opinion it shall state its reasons.
− 2. The competent authority shall notify the final decision to the Commission, and where it departs from the Commission opinion it shall state its reasons.
+ **1.** The operator shall inform the competent authority of any changes planned in the operation of the storage site, including changes concerning the operator. Where appropriate, the competent authority shall update the storage permit or the permit conditions.
− 1. The operator shall inform the competent authority of any changes planned in the operation of the storage site, including changes concerning the operator. Where appropriate, the competent authority shall update the storage permit or the permit conditions.
+ **2.** Member States shall ensure that no substantial change is implemented without a new or updated storage permit issued in accordance with this Directive. Annex II, point 13, first indent of Directive 85/337/EEC shall apply in such cases.
− 2. Member States shall ensure that no substantial change is implemented without a new or updated storage permit issued in accordance with this Directive. Annex II, point 13, first indent of Directive 85/337/EEC shall apply in such cases.
+ **3.** The competent authority shall review and where necessary update or, as a last resort, withdraw the storage permit:(a) if it has been notified or made aware of any leakages or significant irregularities pursuant to Article 16(1);(b) if the reports submitted pursuant to Article 14 or the enviro…
− 3. The competent authority shall review and where necessary update or, as a last resort, withdraw the storage permit:
+ **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 Article 17(1)(c). Until a new storage permit has been issued, the competent authority shall temporarily take over all legal obligati…
− (a) if it has been notified or made aware of any leakages or significant irregularities pursuant to Article 16(1);
− 
− (b) if the reports submitted pursuant to Article 14 or the environmental inspections carried out pursuant to Article 15 show non-compliance with permit conditions or risks of leakages or significant irregularities;
+ ## CHAPTER 4 — OPERATION, CLOSURE AND POST-CLOSURE OBLIGATIONS
− (c) if it is aware of any other failure by the operator to meet the permit conditions;
− 
− (d) if it appears necessary on the basis of the latest scientific findings and technological progress; or
− (e) without prejudice to points (a) to (d), five years after issuing the permit and every 10 years thereafter.
− 
− 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 Article 17(1)(c). Until a new storage permit has been issued, the competent authority shall temporarily take over all legal obligations …
− 
− ## CHAPTER 4 / OPERATION, CLOSURE AND POST-CLOSURE OBLIGATIONS
− 
+ **1.** A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste or 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 trac…
− 1. A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste or 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 trace su…
− 
− (a) adversely affect the integrity of the storage site or the relevant transport infrastructure;
+ **2.** The Commission shall, if appropriate, adopt guidelines to help identify the conditions applicable on a case by case basis for respecting the criteria laid down in paragraph 1.
− (b) pose a significant risk to the environment or human health; or
+ **3.** Member States shall ensure that the operator:(a) accepts and injects CO2 streams only if an analysis of the composition, including corrosive substances, of the streams and a risk assessment have been carried out, and if the risk assessment has shown that the contamination levels are in line w…
− (c) breach the requirements of applicable Community legislation.
− 
− 2. The Commission shall, if appropriate, adopt guidelines to help identify the conditions applicable on a case by case basis for respecting the criteria laid down in paragraph 1.
− 
− 3. Member States shall ensure that the operator:
− 
− (a) accepts and injects CO2 streams only if an analysis of the composition, including corrosive substances, of the streams and a risk assessment have been carried out, and if the risk assessment has shown that the contamination levels are in line with the conditions referred to in paragraph 1;
− 
− (b) keeps a register of the quantities and properties of the CO2 streams delivered and injected, including the composition of those streams.
+ **1.** Member States shall ensure that the operator carries out monitoring of the injection facilities, the storage complex (including where possible the CO2 plume), and where appropriate the surrounding environment for the purpose of:(a) comparison between the actual and modelled behaviour of CO2 a…
− 1. Member States shall ensure that the operator carries out monitoring of the injection facilities, the storage complex (including where possible the CO2 plume), and where appropriate the surrounding environment for the purpose of:
+ **2.** The monitoring shall be based on a monitoring plan designed by the operator pursuant to the requirements laid down in Annex II, including details on the monitoring in accordance with the guidelines established pursuant to Article 14 and Article 23(2) of Directive 2003/87/EC, submitted to and …
− (a) comparison between the actual and modelled behaviour of CO2 and formation water, in the storage site;
− 
− (b) detecting significant irregularities;
− 
− (c) detecting migration of CO2;
− 
− (d) detecting leakage of CO2;
− 
− (e) detecting significant adverse effects for the surrounding environment, including in particular on drinking water, for human populations, or for users of the surrounding biosphere;
− 
− (f) assessing the effectiveness of any corrective measures taken pursuant to Article 16;
− 
− (g) updating the assessment of the safety and integrity of the storage complex in the short and long term, including the assessment of whether the stored CO2 will be completely and permanently contained.
− 2. The monitoring shall be based on a monitoring plan designed by the operator pursuant to the requirements laid down in Annex II, including details on the monitoring in accordance with the guidelines established pursuant to Article 14 and Article 23(2) of Directive 2003/87/EC, submitted to and appr…
− 
+ **1.** Member States shall ensure that the competent authorities organise a system of routine and non-routine inspections of all storage complexes within the scope of this Directive for the purposes of checking and promoting compliance with the requirements of the Directive and of monitoring the eff…
− 1. Member States shall ensure that the competent authorities organise a system of routine and non-routine inspections of all storage complexes within the scope of this Directive for the purposes of checking and promoting compliance with the requirements of the Directive and of monitoring the effects…
+ **2.** Inspections should include activities such as visits of the surface installations, including the injection facilities, assessing the injection and monitoring operations carried out by the operator, and checking all relevant records kept by the operator.
− 2. Inspections should include activities such as visits of the surface installations, including the injection facilities, assessing the injection and monitoring operations carried out by the operator, and checking all relevant records kept by the operator.
+ **3.** Routine inspections shall be carried out at least once a year until three years after closure and every five years until transfer of responsibility to the competent authority has occurred. They shall examine the relevant injection and monitoring facilities as well as the full range of relevan…
− 3. Routine inspections shall be carried out at least once a year until three years after closure and every five years until transfer of responsibility to the competent authority has occurred. They shall examine the relevant injection and monitoring facilities as well as the full range of relevant ef…
− 
− 4. Non-routine inspections shall be carried out:
+ **4.** Non-routine inspections shall be carried out:(a) if the competent authority has been notified or made aware of leakages or significant irregularities pursuant to Article 16(1);(b) if the reports pursuant to Article 14 have shown insufficient compliance with the permit conditions;(c) to invest…
− (a) if the competent authority has been notified or made aware of leakages or significant irregularities pursuant to Article 16(1);
+ **5.** Following each inspection, the competent authority shall prepare a report on the results of the inspection. The report shall evaluate compliance with the requirements of this Directive and indicate whether or not further action is necessary. The report shall be communicated to the operator co…
− (b) if the reports pursuant to Article 14 have shown insufficient compliance with the permit conditions;
− (c) to investigate serious complaints related to the environment or human health;
− 
− (d) in other situations where the competent authority considers this appropriate.
− 
− 5. Following each inspection, the competent authority shall prepare a report on the results of the inspection. The report shall evaluate compliance with the requirements of this Directive and indicate whether or not further action is necessary. The report shall be communicated to the operator concer…
− 
+ **1.** Member States shall ensure that in the event of leakages or significant irregularities, the operator immediately notifies the competent authority, and takes the necessary corrective measures, including measures related to the protection of human health. In cases of leakages and significant ir…
− 1. Member States shall ensure that in the event of leakages or significant irregularities, the operator immediately notifies the competent authority, and takes the necessary corrective measures, including measures related to the protection of human health. In cases of leakages and significant irregu…
+ **2.** The corrective measures referred to in paragraph 1 shall be taken as a minimum on the basis of a corrective measures plan submitted to and approved by the competent authority pursuant to Article 7(7) and Article 9(6).
− 2. The corrective measures referred to in paragraph 1 shall be taken as a minimum on the basis of a corrective measures plan submitted to and approved by the competent authority pursuant to Article 7(7) and Article 9(6).
+ **3.** The competent authority may at any time require the operator to take the necessary corrective measures, as well as measures related to the protection of human health. These may be additional to or different from those laid out in the corrective measures plan. The competent authority may also …
− 3. The competent authority may at any time require the operator to take the necessary corrective measures, as well as measures related to the protection of human health. These may be additional to or different from those laid out in the corrective measures plan. The competent authority may also at a…
+ **4.** If the operator fails to take the necessary corrective measures, the competent authority shall take the necessary corrective measures itself.
− 4. If the operator fails to take the necessary corrective measures, the competent authority shall take the necessary corrective measures itself.
+ **5.** The competent authority shall recover the costs incurred in relation to the measures referred to in paragraphs 3 and 4 from the operator, including by drawing on the financial security pursuant to Article 19.
− 5. The competent authority shall recover the costs incurred in relation to the measures referred to in paragraphs 3 and 4 from the operator, including by drawing on the financial security pursuant to Article 19.
+ **1.** A storage site shall be closed:(a) if the relevant conditions stated in the permit have been met;(b) at the substantiated request of the operator, after authorisation of the competent authority; or(c) if the competent authority so decides after the withdrawal of a storage permit pursuant to A…
− 1. A storage site shall be closed:
+ **2.** After a storage site has been closed pursuant to points (a) or (b) of paragraph 1, the operator remains responsible for monitoring, reporting and corrective measures, pursuant to the requirements laid down in this Directive, and for all obligations relating to the surrender of allowances in c…
− (a) if the relevant conditions stated in the permit have been met;
+ **3.** The obligations referred to in paragraph 2 shall be fulfilled on the basis of a post-closure plan designed by the operator based on best practice and in accordance with the requirements laid down in Annex II. A provisional post-closure plan shall be submitted to and approved by the competent …
− (b) at the substantiated request of the operator, after authorisation of the competent authority; or
+ **4.** After a storage site has been closed pursuant to paragraph 1(c), the competent authority shall be responsible for monitoring and corrective measures pursuant to the requirements laid down in this Directive and for all obligations relating to the surrender of allowances in case of leakages pur…
− (c) if the competent authority so decides after the withdrawal of a storage permit pursuant to Article 11(3).
+ **5.** The competent authority shall recover from the operator the costs incurred in relation to the measures referred to in paragraph 4, including by drawing on the financial security pursuant to Article 19.
− 2. After a storage site has been closed pursuant to points (a) or (b) of paragraph 1, the operator remains responsible for monitoring, reporting and corrective measures, pursuant to the requirements laid down in this Directive, and for all obligations relating to the surrender of allowances in case …
− 
− 3. The obligations referred to in paragraph 2 shall be fulfilled on the basis of a post-closure plan designed by the operator based on best practice and in accordance with the requirements laid down in Annex II. A provisional post-closure plan shall be submitted to and approved by the competent auth…
− 
− (a) updated as necessary, taking account of risk analysis, best practice and technological improvements;
− 
− (b) submitted to the competent authority for its approval; and
− 
− (c) approved by the competent authority as the definitive post-closure plan.
− 
− 4. After a storage site has been closed pursuant to paragraph 1(c), the competent authority shall be responsible for monitoring and corrective measures pursuant to the requirements laid down in this Directive and for all obligations relating to the surrender of allowances in case of leakages pursuan…
− 5. The competent authority shall recover from the operator the costs incurred in relation to the measures referred to in paragraph 4, including by drawing on the financial security pursuant to Article 19.
− 
+ **1.** Where a storage site has been closed pursuant to points (a) or (b) of Article 17(1), all legal obligations relating to monitoring and corrective measures pursuant to the requirements laid down in this Directive, the surrender of allowances in the event of leakages pursuant to Directive 2003/8…
− 1. Where a storage site has been closed pursuant to points (a) or (b) of Article 17(1), all legal obligations relating to monitoring and corrective measures pursuant to the requirements laid down in this Directive, the surrender of allowances in the event of leakages pursuant to Directive 2003/87/EC…
+ **2.** The operator shall prepare a report documenting that the condition referred to in paragraph 1(a) has been met and shall submit it to the competent authority for the latter to approve the transfer of responsibility. This report shall demonstrate, at least:(a) the conformity of the actual behav…
− (a) all available evidence indicates that the stored CO2 will be completely and permanently contained;
+ **3.** Where the competent authority is satisfied that the conditions referred to in points (a) and (b) of paragraph 1 are met, it shall prepare a draft decision of approval of the transfer of responsibility. The draft decision shall specify the method for determining that the conditions referred to…
− (b) a minimum period, to be determined by the competent authority has elapsed. This minimum period shall be no shorter than 20 years, unless the competent authority is convinced that the criterion referred to in point (a) is complied with before the end of that period;
+ **4.** Member States shall make the reports referred to in paragraph 2 available to the Commission within one month after receipt. They shall also make available other related material that shall be taken into account by the competent authority when it prepares a draft decision of approval on the tr…
− (c) the financial obligations referred to in Article 20 have been fulfilled;
+ **5.** Where the competent authority is satisfied that the conditions referred to in points (a) to (d) of paragraph 1 are complied with, it shall adopt the final decision and notify that decision to the operator. The competent authority shall also notify the final decision to the Commission, and whe…
− (d) the site has been sealed and the injection facilities have been removed.
+ **6.** After the transfer of responsibility, routine inspections provided for in Article 15(3) shall cease and monitoring may be reduced to a level which allows for detection of leakages or significant irregularities. If any leakages or significant irregularities are detected, monitoring shall be in…
− 2. The operator shall prepare a report documenting that the condition referred to in paragraph 1(a) has been met and shall submit it to the competent authority for the latter to approve the transfer of responsibility. This report shall demonstrate, at least:
+ **7.** In cases where there has been fault on the part of the operator, including cases of deficient data, concealment of relevant information, negligence, wilful deceit or a failure to exercise due diligence, the competent authority shall recover from the former operator the costs incurred after th…
− (a) the conformity of the actual behaviour of the injected CO2 with the modelled behaviour;
+ **8.** Where a storage site has been closed pursuant to Article 17(1)(c), transfer of responsibility shall be deemed to take place if and when all available evidence indicates that the stored CO2 will be completely and permanently contained, and after the site has been sealed and the injection facil…
− (b) the absence of any detectable leakage;
− 
− (c) that the storage site is evolving towards a situation of long-term stability.
− 
− The Commission may adopt guidelines on the assessment of the matters referred to in points (a), (b) and (c) of the first subparagraph, highlighting therein any implications for the technical criteria relevant to the determination of the minimum periods referred to in paragraph 1(b).
− 
− 3. Where the competent authority is satisfied that the conditions referred to in points (a) and (b) of paragraph 1 are met, it shall prepare a draft decision of approval of the transfer of responsibility. The draft decision shall specify the method for determining that the conditions referred to in …
− 
− If the competent authority considers that the conditions referred to in points (a) and (b) of paragraph 1 are not met, it shall inform the operator of its reasons.
− 4. Member States shall make the reports referred to in paragraph 2 available to the Commission within one month after receipt. They shall also make available other related material that shall be taken into account by the competent authority when it prepares a draft decision of approval on the transf…
− 
− 5. Where the competent authority is satisfied that the conditions referred to in points (a) to (d) of paragraph 1 are complied with, it shall adopt the final decision and notify that decision to the operator. The competent authority shall also notify the final decision to the Commission, and where i…
− 
− 6. After the transfer of responsibility, routine inspections provided for in Article 15(3) shall cease and monitoring may be reduced to a level which allows for detection of leakages or significant irregularities. If any leakages or significant irregularities are detected, monitoring shall be intens…
− 
− 7. In cases where there has been fault on the part of the operator, including cases of deficient data, concealment of relevant information, negligence, wilful deceit or a failure to exercise due diligence, the competent authority shall recover from the former operator the costs incurred after the tr…
− 
− 8. Where a storage site has been closed pursuant to Article 17(1)(c), transfer of responsibility shall be deemed to take place if and when all available evidence indicates that the stored CO2 will be completely and permanently contained, and after the site has been sealed and the injection facilitie…
− 
+ **1.** Member States shall ensure that proof that adequate provisions can be established, by way of financial security or any other equivalent, on the basis of arrangements to be decided by the Member States, is presented by the potential operator as part of the application for a storage permit. Thi…
− 1. Member States shall ensure that proof that adequate provisions can be established, by way of financial security or any other equivalent, on the basis of arrangements to be decided by the Member States, is presented by the potential operator as part of the application for a storage permit. This is…
+ **2.** The financial security shall be periodically adjusted to take account of changes to the assessed risk of leakage and the estimated costs of all obligations arising under the permit issued pursuant to this Directive as well as any obligations arising from inclusion of the storage site under Di…
− 2. The financial security shall be periodically adjusted to take account of changes to the assessed risk of leakage and the estimated costs of all obligations arising under the permit issued pursuant to this Directive as well as any obligations arising from inclusion of the storage site under Direct…
+ **3.** The financial security or any other equivalent referred to in paragraph 1 shall remain valid and effective:(a) after a storage site has been closed pursuant to points (a) or (b) of Article 17(1), until the responsibility for the storage site is transferred to the competent authority pursuant …
− 3. The financial security or any other equivalent referred to in paragraph 1 shall remain valid and effective:
− 
− (a) after a storage site has been closed pursuant to points (a) or (b) of Article 17(1), until the responsibility for the storage site is transferred to the competent authority pursuant to Article 18(1) to (5);
− 
− (b) after the withdrawal of a storage permit pursuant to Article 11(3):
− 
− (i) until a new storage permit has been issued;
− 
− (ii) where the site is closed pursuant to Article 17(1)(c), until the transfer of responsibility pursuant to Article 18(8), provided the financial obligations referred to in Article 20 have been fulfilled.
+ **1.** Member States shall ensure that the operator, on the basis of arrangements to be decided by the Member States, makes a financial contribution available to the competent authority before the transfer of responsibility pursuant to Article 18 has taken place. The contribution from the operator s…
− 1. Member States shall ensure that the operator, on the basis of arrangements to be decided by the Member States, makes a financial contribution available to the competent authority before the transfer of responsibility pursuant to Article 18 has taken place. The contribution from the operator shall…
+ **2.** The Commission may adopt guidelines for the estimation of the costs referred to in paragraph 1 to be developed in consultation with Member States with a view to ensuring transparency and predictability for operators.
− 2. The Commission may adopt guidelines for the estimation of the costs referred to in paragraph 1 to be developed in consultation with Member States with a view to ensuring transparency and predictability for operators.
+ ## CHAPTER 5 — THIRD-PARTY ACCESS
− ## CHAPTER 5 / THIRD-PARTY ACCESS
+ **1.** Member States shall take the necessary measures to ensure that potential users are able to obtain access to transport networks and to storage sites for the purposes of geological storage of the produced and captured CO2, in accordance with paragraphs 2, 3 and 4.
− 1. Member States shall take the necessary measures to ensure that potential users are able to obtain access to transport networks and to storage sites for the purposes of geological storage of the produced and captured CO2, in accordance with paragraphs 2, 3 and 4.
+ **2.** The access referred to in paragraph 1 shall be provided in a transparent and non-discriminatory manner determined by the Member State. The Member State shall apply the objectives of fair and open access, taking into account:(a) the storage capacity which is or can reasonably be made available…
− 2. The access referred to in paragraph 1 shall be provided in a transparent and non-discriminatory manner determined by the Member State. The Member State shall apply the objectives of fair and open access, taking into account:
+ **3.** Transport network operators and operators of storage sites may refuse access on the grounds of lack of capacity. Duly substantiated reasons shall be given for any refusal.
− (a) the storage capacity which is or can reasonably be made available within the areas determined under Article 4, and the transport capacity which is or can reasonably be made available;
+ **4.** Member States shall take the measures necessary to ensure that the operator refusing access on the grounds of lack of capacity or a lack of connection makes any necessary enhancements as far as it is economic to do so or when a potential customer is willing to pay for them, provided this woul…
− (b) the proportion of its CO2 reduction obligations pursuant to international legal instruments and to Community legislation that it intends to meet through capture and geological storage of CO2;
− 
− (c) the need to refuse access where there is an incompatibility of technical specifications which cannot be reasonably overcome;
− 
− (d) the need to respect the duly substantiated reasonable needs of the owner or operator of the storage site or of the transport network and the interests of all other users of the storage or the network or relevant processing or handling facilities who may be affected.
− 
− 3. Transport network operators and operators of storage sites may refuse access on the grounds of lack of capacity. Duly substantiated reasons shall be given for any refusal.
− 
− 4. Member States shall take the measures necessary to ensure that the operator refusing access on the grounds of lack of capacity or a lack of connection makes any necessary enhancements as far as it is economic to do so or when a potential customer is willing to pay for them, provided this would no…
+ **1.** Member States shall ensure that they have in place dispute settlement arrangements, including an authority independent of the parties with access to all relevant information, to enable disputes relating to access to transport networks and to storage sites to be settled expeditiously, taking i…
− 1. Member States shall ensure that they have in place dispute settlement arrangements, including an authority independent of the parties with access to all relevant information, to enable disputes relating to access to transport networks and to storage sites to be settled expeditiously, taking into …
+ **2.** In the event of cross-border disputes, the dispute settlement arrangements of the Member State having jurisdiction over the transport network or the storage site to which access has been refused shall be applied. Where, in cross-border disputes, more than one Member State covers the transport…
− 2. In the event of cross-border disputes, the dispute settlement arrangements of the Member State having jurisdiction over the transport network or the storage site to which access has been refused shall be applied. Where, in cross-border disputes, more than one Member State covers the transport net…
+ ## CHAPTER 6 — GENERAL PROVISIONS
− ## CHAPTER 6 / GENERAL PROVISIONS
+ **1.** The competent authority shall establish and maintain:(a) a register of the storage permits granted; and(b) a permanent register of all closed storage sites and surrounding storage complexes, including maps and sections of their spatial extent and available information relevant for assessing t…
− 1. The competent authority shall establish and maintain:
− 
− (a) a register of the storage permits granted; and
+ **2.** The registers referred to in paragraph 1 shall be taken into consideration by the competent national authorities in relevant planning procedures and when permitting any activity that could affect or be affected by the geological storage of CO2 in the registered storage sites.
− (b) a permanent register of all closed storage sites and surrounding storage complexes, including maps and sections of their spatial extent and available information relevant for assessing that the stored CO2 will be completely and permanently contained.
− 
− 2. The registers referred to in paragraph 1 shall be taken into consideration by the competent national authorities in relevant planning procedures and when permitting any activity that could affect or be affected by the geological storage of CO2 in the registered storage sites.
+ **1.** ►M3 Every four years the Member States shall submit to the Commission a report on the implementation of this Directive, including the register referred to in point (b) of Article 25(1). The first report shall be sent to the Commission by 30 June 2011. The report shall be drawn up on the basis…
− 1. Every three years the Member States shall submit to the Commission a report on the implementation of this Directive, including the register referred to in point (b) of Article 25(1). The first report shall be sent to the Commission by 30 June 2011. The report shall be drawn up on the basis of a q…
+ **2.** The Commission shall organise an exchange of information between the competent authorities of the Member States concerning the implementation of this Directive.
− 2. The Commission shall organise an exchange of information between the competent authorities of the Member States concerning the implementation of this Directive.
+ **1.** The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
− 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
+ **2.** The power to adopt delegated acts referred to in Article 29 shall be conferred on the Commission for a period of five years from 4 July 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The repo…
− 2. The power to adopt delegated acts referred to in Article 29 shall be conferred on the Commission for a period of five years from 4 July 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The report s…
+ **3.** The delegation of power referred to in Article 29 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in…
− 3. The delegation of power referred to in Article 29 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the…
+ **4.** Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1).
− 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1).
+ **5.** As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
− 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
+ **6.** A delegated act adopted pursuant to Article 29 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that …
− 6. A delegated act adopted pursuant to Article 29 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that peri…
+ **1.** The Commission shall be assisted by the Climate Change Committee established by Article 26 of Regulation (EU) No 525/2013 of the European Parliament and of the Council (2). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of …
− 1. The Commission shall be assisted by the Climate Change Committee established by Article 26 of Regulation (EU) No 525/2013 of the European Parliament and of the Council (2). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the …
+ **2.** Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
− 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
+ ## CHAPTER 7 — AMENDMENTS
− ## CHAPTER 7 / AMENDMENTS
+ — ‘— injection of carbon dioxide streams for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that such injection is made in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 200…
− ‘— injection of carbon dioxide streams for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that such injection is made in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 …
+ **1.** Member States shall ensure that operators of all combustion plants with a rated electrical output of 300 megawatts or more for which the original construction licence or, in the absence of such a procedure, the original operating licence is granted after the entry into force of Directive 2009…
− 1. Member States shall ensure that operators of all combustion plants with a rated electrical output of 300 megawatts or more for which the original construction licence or, in the absence of such a procedure, the original operating licence is granted after the entry into force of Directive 2009/31/…
+ **2.** If the conditions in paragraph 1 are met, the competent authority shall ensure that suitable space on the installation site for the equipment necessary to capture and compress CO2 is set aside. The competent authority shall determine whether the conditions are met on the basis of the assessme…
− — suitable storage sites are available,
− 
− — transport facilities are technically and economically feasible,
− 
− — it is technically and economically feasible to retrofit for CO2 capture.
− 
− 2. If the conditions in paragraph 1 are met, the competent authority shall ensure that suitable space on the installation site for the equipment necessary to capture and compress CO2 is set aside. The competent authority shall determine whether the conditions are met on the basis of the assessment r…
+ ## CHAPTER 8 — FINAL PROVISIONS
− ## CHAPTER 8 / FINAL PROVISIONS
+ **2.** In the report transmitted by 31 March 2015, the Commission shall assess in particular, on the basis of experience with the implementation of this Directive, in light of the experience with CCS and taking into account technical progress and the most recent scientific knowledge:— whether perman…
− 1. The Commission shall transmit to the European Parliament and to the Council a report on the implementation of this Directive within nine months of receiving the reports referred to in Article 27.
− 
− 2. In the report transmitted by 31 March 2015, the Commission shall assess in particular, on the basis of experience with the implementation of this Directive, in light of the experience with CCS and taking into account technical progress and the most recent scientific knowledge:
− 
− — whether permanent containment of CO2 in such a way as to prevent and reduce as far as possible negative effects on the environment and any resulting risk to human health and the environmental and human safety of CCS has been sufficiently demonstrated,
− 
− — whether the procedures regarding the Commission's reviews of the draft storage permits, referred to in Article 10, and the draft decisions on transfer of responsibility, referred to in Article 18, are still required,
− 
− — experience with the provisions on CO2 stream acceptance criteria and procedure referred to in Article 12,
+ **3.** Where permanent containment of CO2 in such way as to prevent and, where this is not possible, eliminate as far as possible negative effects and any risk to the environment and human health, and the environmental and human safety of CCS have been sufficiently demonstrated, as well as its econo…
− — experience with the provisions on third-party access referred to in Articles 21 and 22 and with the provisions on transboundary cooperation pursuant to Article 24,
− 
− — the provisions applicable to combustion plants with a rated electrical output of 300 megawatts or more referred to in Article 9a of Directive 2001/80/EC,
− 
− — prospects for geological storage of CO2 in third countries,
− 
− — further development and updating of the criteria referred to in Annex I and Annex II,
− 
− — experience with incentives for applying CCS on installations combusting biomass,
− 
− — the need for further regulation on environmental risks related to CO2 transport,
− 
− and shall present a proposal for revision of the Directive if appropriate.
− 
− 3. Where permanent containment of CO2 in such way as to prevent and, where this is not possible, eliminate as far as possible negative effects and any risk to the environment and human health, and the environmental and human safety of CCS have been sufficiently demonstrated, as well as its economic …
+ **1.** Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 25 June 2011. They shall forthwith communicate to the Commission the text of those measures.When Member States adopt these measures, they shall contain a referen…
− 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 25 June 2011. They shall forthwith communicate to the Commission the text of those measures.
+ **2.** Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
− When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
+ **3.** Member States shall ensure that the following storage sites falling within the scope of this Directive are operated in accordance with the requirements of this Directive by 25 June 2012:(a) storage sites used in accordance with existing legislation on 25 June 2009;(b) storage sites authorised…
− 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
− 
− 3. Member States shall ensure that the following storage sites falling within the scope of this Directive are operated in accordance with the requirements of this Directive by 25 June 2012:
− (a) storage sites used in accordance with existing legislation on 25 June 2009;
− 
− (b) storage sites authorised in accordance with such legislation before or on 25 June 2009, provided that the sites are used not later than one year after that date.
− 
− Articles 4 and 5, Article 7(3), Article 8(2) and Article 10 shall not apply in these cases.
− 
− 
− ### ANNEX I
− 
− 
− 
− ### CRITERIA FOR THE CHARACTERISATION AND ASSESSMENT OF THE POTENTIAL STORAGE COMPLEX AND SURROUNDING AREA REFERRED TO IN ARTICLE 4(3)
− 
− The characterisation and assessment of the potential storage complex and surrounding area referred to in Article 4(3) shall be carried out in three steps according to best practices at the time of the assessment and to the following criteria. Derogations from one or more of these criteria may be per…
− 
− Step 1: **Data collection**
− 
− Sufficient data shall be accumulated to construct a volumetric and three-dimensional static (3-D)-earth model for the storage site and storage complex, including the caprock, and the surrounding area, including the hydraulically connected areas. This data shall cover at least the following intrinsic…
− 
− (a) geology and geophysics;
− 
− (b) hydrogeology (in particular existence of ground water intended for consumption);
− 
− (c) reservoir engineering (including volumetric calculations of pore volume for CO2 injection and ultimate storage capacity);
− 
− (d) geochemistry (dissolution rates, mineralisation rates);
− 
− (e) geomechanics (permeability, fracture pressure);
− 
− (f) seismicity;
− 
− (g) presence and condition of natural and man-made pathways, including wells and boreholes which could provide leakage pathways.
− 
− The following characteristics of the complex vicinity shall be documented:
− 
− (h) domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site;
− 
− (i) population distribution in the region overlying the storage site;
− 
− (j) proximity to valuable natural resources (including in particular Natura 2000 areas pursuant to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (4) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (5)…
− 
− (k) activities around the storage complex and possible interactions with these activities (for example, exploration, production and storage of hydrocarbons, geothermal use of aquifers and use of underground water reserves);
− 
− (l) proximity to the potential CO2 source(s) (including estimates of the total potential mass of CO2 economically available for storage) and adequate transport networks.
− 
− Step 2: **Building the three-dimensional static geological earth model**
− 
− Using the data collected in Step 1, a three-dimensional static geological earth model, or a set of such models, of the candidate storage complex, including the caprock and the hydraulically connected areas and fluids shall be built using computer reservoir simulators. The static geological earth mod…
− 
− (a) geological structure of the physical trap;
− 
− (b) geomechanical, geochemical and flow properties of the reservoir overburden (caprock, seals, porous and permeable horizons) and surrounding formations;
− 
− (c) fracture system characterisation and presence of any human-made pathways;
− 
− (d) areal and vertical extent of the storage complex;
− 
− (e) pore space volume (including porosity distribution);
− 
− (f) baseline fluid distribution;
− 
− (g) any other relevant characteristics.
− 
− The uncertainty associated with each of the parameters used to build the model shall be assessed by developing a range of scenarios for each parameter and calculating the appropriate confidence limits. Any uncertainty associated with the model itself shall also be assessed.
− 
− Step 3: **Characterisation of the storage dynamic behaviour, sensitivity characterisation, risk assessment**
− 
− The characterisations and assessment shall be based on dynamic modelling, comprising a variety of time-step simulations of CO2 injection into the storage site using the three-dimensional static geological earth model(s) in the computerised storage complex simulator constructed under Step 2.
− 
− Step 3.1: Characterisation of the storage dynamic behaviour
− 
− At least the following factors shall be considered:
− 
− (a) possible injection rates and CO2 stream properties;
− 
− (b) the efficacy of coupled process modelling (that is, the way various single effects in the simulator(s) interact);
− 
− (c) reactive processes (that is, the way reactions of the injected CO2 with in situ minerals feedback in the model);
− 
− (d) the reservoir simulator used (multiple simulations may be required in order to validate certain findings);
− 
− (e) short and long-term simulations (to establish CO2 fate and behaviour over decades and millennia, including the rate of dissolution of CO2 in water).
− 
− The dynamic modelling shall provide insight into:
− 
− (f) pressure and temperature of the storage formation as a function of injection rate and accumulative injection amount over time;
− 
− (g) areal and vertical extent of CO2 vs time;
− 
− (h) the nature of CO2 flow in the reservoir, including phase behaviour;
− 
− (i) CO2 trapping mechanisms and rates (including spill points and lateral and vertical seals);
− 
− (j) secondary containment systems in the overall storage complex;
− 
− (k) storage capacity and pressure gradients in the storage site;
− 
− (l) the risk of fracturing the storage formation(s) and caprock;
− 
− (m) the risk of CO2 entry into the caprock;
− 
− (n) the risk of leakage from the storage site (for example, through abandoned or inadequately sealed wells);
− 
− (o) the rate of migration (in open-ended reservoirs);
− 
− (p) fracture sealing rates;
− 
− (q) changes in formation(s) fluid chemistry and subsequent reactions (for example, pH change, mineral formation) and inclusion of reactive modelling to assess affects;
− 
− (r) displacement of formation fluids;
− 
− (s) increased seismicity and elevation at surface level.
− 
− Step 3.2: Sensitivity characterisation
− 
− Multiple simulations shall be undertaken to identify the sensitivity of the assessment to assumptions made about particular parameters. The simulations shall be based on altering parameters in the static geological earth model(s), and changing rate functions and assumptions in the dynamic modelling …
− 
− Step 3.3: Risk assessment
− 
− The risk assessment shall comprise, inter alia, the following:
− 
− 3.3.1. **Hazard characterisation**
− 
− Hazard characterisation shall be undertaken by characterising the potential for leakage from the storage complex, as established through dynamic modelling and security characterisation described above. This shall include consideration of, inter alia:
− 
− (a) potential leakage pathways;
− 
− (b) potential magnitude of leakage events for identified leakage pathways (flux rates);
− 
− (c) critical parameters affecting potential leakage (for example maximum reservoir pressure, maximum injection rate, temperature, sensitivity to various assumptions in the static geological Earth model(s));
− 
− (d) secondary effects of storage of CO2, including displaced formation fluids and new substances created by the storing of CO2;
− 
− (e) any other factors which could pose a hazard to human health or the environment (for example physical structures associated with the project).
− 
− The hazard characterisation shall cover the full range of potential operating conditions to test the security of the storage complex.
− 
− | 3.3.2. | Exposure assessment — based on the characteristics of the environment and the distribution and activities of the human population above the storage complex, and the potential behaviour and fate of leaking CO2 from potential pathways identified under Step 3.3.1. |
− | --- | --- |
− 
− | 3.3.3. | Effects assessment — based on the sensitivity of particular species, communities or habitats linked to potential leakage events identified under Step 3.3.1. Where relevant it shall include effects of exposure to elevated CO2 concentrations in the biosphere (including soils, marine sedimen…
− | --- | --- |
− 
− | 3.3.4. | Risk characterisation — this shall comprise an assessment of the safety and integrity of the site in the short and long term, including an assessment of the risk of leakage under the proposed conditions of use, and of the worst-case environment and health impacts. The risk characterisatio…
− | --- | --- |
− 
− ### ANNEX II
− 
− 
− 
− ### CRITERIA FOR ESTABLISHING AND UPDATING THE MONITORING PLAN REFERRED TO IN ARTICLE 13(2) AND FOR POST-CLOSURE MONITORING
− 
− 1. **Establishing and updating the monitoring plan**
− 
− The monitoring plan referred to in Article 13(2) shall be established according to the risk assessment analysis carried out in Step 3 of Annex I, and updated with the purpose of meeting the monitoring requirements laid out in Article 13(1) according to the following criteria:
− 
− | 1.1. | Establishing the planThe monitoring plan shall provide details of the monitoring to be deployed at the main stages of the project, including baseline, operational and post-closure monitoring. The following shall be specified for each phase:(a) parameters monitored;(b) monitoring technology …
− | --- | --- |
− 
− | 1.2. | Updating the planThe data collected from the monitoring shall be collated and interpreted. The observed results shall be compared with the behaviour predicted in dynamic simulation of the 3-D-pressure-volume and saturation behaviour undertaken in the context of the security characterisation…
− | --- | --- |
− 
− 2. **Post-closure monitoring**
− 
− Post-closure monitoring shall be based on the information collected and modelled during the implementation of the monitoring plan referred to in Article 13(2) and above in point 1.2 of this Annex. It shall serve in particular to provide information required for the determination of Article 18(1).
− 
− (1) OJ L 123, 12.5.2016, p. 1.
− 
− (2) Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165…
− 
− (3) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
− 
− (4) OJ L 103, 25.4.1979, p. 1.
− 
− (5) OJ L 206, 22.7.1992, p. 7.