Legal framework for CCS – Overview and first lessons learnt

The advancement of CCS-techniques is a significant tool to mitigate climate change and achieve net zero emissions. On European Level, the CCS-Directive (2009/31/EG) provides for a legal framework for, i.a., exploration and storage permits for storage sites, monitoring during and after the operational phase, requirements for closure and transfer of responsibility. The member states and associated countries have implemented these rules into national legislation. This contribution aims to, firstly, provide an overview over the regulatory framework in Europe and exemplary member states. It seeks to, secondly, outline first practical experiences from individual approval processes and to, thirdly, draw conclusions for further implementation. In this part, the focus will be on the evolving legal framework in Germany, i.p. the necessary legislative steps and possible accelerating tools.

Wintershall Dea is actively involved in developing CCS-solutions: The first Carbon Storage Project “Greensand” marks a milestone, demonstrating how CCS can move across borders through an international infrastructure that connects emissions sources with storage capacities. In the first quarter of 2023, the leading consortium partners INEOS and Wintershall Dea received the storage license from the Danish authorities and concluded the pilot phase with a first injection in the world’s first cross-border, offshore CO₂ storage project. Wintershall Dea holds or has a applied for further storage licenses in Norway and the Netherlands. This allows to tackle the procedural law issues targeted in this contribution from a practical angle.