55 Amendments of Herbert REUL related to 2008/0015(COD)
Amendment 31 #
Proposal for a directive – amending act
Recital 13 a (new)
Recital 13 a (new)
(13a) Beside a legislative framework for the storage site, incentives for further development of the technology, support of the installation of demonstration plants, as well as a legal framework created by the Member States for ensuring transport are necessary as quickly as possible in order to successfully advance the use of CCS technologies.
Amendment 37 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Member States should determine in which cases exploration is required to generate the information necessary for the site selection. Such exploration should be made subject to a permit requirement. Member States should ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited timeperiod which is necessary to carry out the activities, during which time the holder of the permit should have the sole right to explore the potential CO2 storage complex. Member States should ensure that no conflicting uses of the complex are permitted during this time. If no activities are carried out, the Member States should ensure that the exploration permit is withdrawn and can be granted to other entities.
Amendment 39 #
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Storage sites should not be operated without a storage permit. The storage permit should be the core instrument to ensure that the substantial requirements of the Directive are met and that geological storage hence takes place in an environmentally safe way. The explorations carried out, and the therefore necessary investments made, justify anticipation by the holder of the exploration permit that they will be the holder of the storage permit.
Amendment 41 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) All draft storage permits should be submitted to the Commission in order for it to be able to issue an opinion on the draft permits within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the permit and should justify any departure from the Commission's opinion. The review at Community level should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the DirectiveThe Member States should have the opportunity to submit the draft storage permit to the Commission for verification.
Amendment 50 #
Proposal for a directive – amending act
Recital 26
Recital 26
(26) The responsibility for the storage site, including all ensuing legal obligations, should be transferred to the competent authority, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future. To this end, the operator should prepare a report documenting that the criterion has been fulfilled and submit it to the competent authority for approval of the transfer. All draft approval decisions should be submitted to the Commission in order for it to be able to issue an opinion on the draft approval decisions within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the approval and should justify any departure from the Commission’s opinion. As the review of draft storage permits at Community level, the review of draft approval decisions should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive.
Amendment 54 #
Proposal for a directive – amending act
Recital 28
Recital 28
(28) Financial provision should be made provided in order to raise confidence that closure and post-closure obligations, obligations arising from inclusion under Directive 2003/87/EC, and obligations under this Directive to take corrective measures in case of 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 applicationuse of the storage.
Amendment 71 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
(3) 'storage site' means a specific part of a geological formation usedthat is adequate for the geological storage of CO2;
Amendment 73 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
(5) 'leakage' means significanyt release of CO2 from the storage complex;
Amendment 83 #
Proposal for a directive – amending act
Article 3 – point 20 a (new)
Article 3 – point 20 a (new)
(20a) "hydraulic unit" means a hydraulically connected pore space where pressure communication can be measured by technical means.
Amendment 86 #
Proposal for a directive – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) The CO2 capture, transport and storage components have all separately been the subject of pilot projects, but they have yet to be incorporated into a complete CCS process, and the costs of the technology still have to be reduced. The largest CO2 storage projects in which European undertakings are involved are the Sleipner project in the North Sea (Statoil) and the In Salah project in Algeria (Statoil, PB and Sonatrach). Other current pilot projects are the Vattenfall project in Schwarze Pumpe in Germany/the Land of Brandenburg and the CCS project being carried out by Total in the Lacq area in France.
Amendment 88 #
Proposal for a directive – amending act
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Exploration permits shall be granted for a limited volume area and for a maximum of two years, renewable once for a maximum ofa period which is necessary to carry out the activities for which the exploration permit is granted. The exploration permit can be prolonged. Before guaranteeing exploration permits, the Member States will make arrangements in order two yearensure that the permit is not illegally used to prevent investments.
Amendment 91 #
Proposal for a directive – amending act
Article 5 – paragraph 4
Article 5 – paragraph 4
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. After this period, the CO2 storage exploration permit shall either be converted into a CO2 storage permit or shall be relinquished for the total area covered.
Amendment 95 #
Proposal for a directive – amending act
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The holder of a storage permit has the sole right to store CO2 in the storage site. Member States shall ensure that no conflicting uses of the storage site are permitted during the period of the validity of the storage permit.
Amendment 101 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Member States should determine in which cases exploration is required to generate the information necessary for the site selection. Such exploration should be made subject to a permit requirement. Member States should ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited timethe period which is necessary to carry out the activities, during which time the holder of the permit should have the sole right to explore the potential CO2 storage complex. Member States should ensure that no conflicting uses of the complex are permitted during this time. In the event that no activities are carried out, the Member States have to ensure that the exploration permit is withdrawn and can be granted to other entities.
Amendment 101 #
Proposal for a directive – amending act
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the management of the storage site will be in the hands of a natural or legal person who is technically competent and reliable to manage the site; professional and technical development and training of this person and all staff are provided;
Amendment 102 #
Proposal for a directive – amending act
Article 8 – point 1 – point b a (new)
Article 8 – point 1 – point b a (new)
(ba) no other storage permits have been issued within the hydraulic unit;
Amendment 104 #
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
(2) the Commission hasmay issued, on request of the Member States, its opinion on the draft permit pursuant to Article 10(12);
Amendment 105 #
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Storage sites should not be operated without a storage permit. The storage permit should be the core instrument to ensure that the substantial requirements of the Directive are met and that geological storage hence takes place in an environmentally safe way. The explorations carried out and the necessary investments made therefore justify anticipation by the holder of the exploration permit that they will be the holder of the storage permit.
Amendment 106 #
Proposal for a directive – amending act
Article 8 – point 3
Article 8 – point 3
Amendment 107 #
Proposal for a directive – amending act
Article 9 – point 2
Article 9 – point 2
(2) precise location and delimitation of the storage site and, the storage complex and the hydraulic unit;
Amendment 109 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) All draft storage permits should be submitted to the Commission in order for it to be able to issue an opinion on the draft permits within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the permit and should justify any departure from the Commission's opinion. The review at Community level should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the DirectiveMember States should have the opportunity to submit the draft storage permit to the Commission for verification.
Amendment 109 #
Proposal for a directive – amending act
Article 10 – Title
Article 10 – Title
Amendment 110 #
Proposal for a directive – amending act
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall inform the Commission of all draft storage permits, the permit applications and any other material taken into consideration by the competent authority when adopting its draft decision. Within six months of their submission to the Commission, the Commission may issue an opinion on the draftabout granted CO2 storage permits or rejected applications for storage permits.
Amendment 112 #
Proposal for a directive – amending act
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates fromMember States may inform the Commission of all draft storage permits, permit applications and any other material taken into consideration by the Ccommission petent authority when adopting its draft decision.
Amendment 118 #
Proposal for a directive – amending act
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
Amendment 121 #
Proposal for a directive – amending act
Recital 26
Recital 26
(26) The responsibility for the storage site, including all ensuing legal obligations, should be transferred to the competent authority, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future. To this end, the operator should prepare a report documenting that the criterion has been fulfilled and submit it to the competent authority for approval of the transfer. All draft approval decisions should be submitted to the Commission in order for it to be able to issue an opinion on the draft approval decisions within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the approval and should justify any departure from the Commission’s opinion. As the review of draft storage permits at Community level, the review of draft approval decisions should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive.
Amendment 123 #
Proposal for a directive – amending act
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process and substances necessary for transportation due to safety reasons. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.
Amendment 127 #
Proposal for a directive – amending act
Recital 28
Recital 28
(28) Financial provision should be made provided in order to raise confidence that closure and post-closure obligations, obligations arising from inclusion under Directive 2003/87/EC, and obligations under this Directive to take corrective measures in case of 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 applicationuse of the storage.
Amendment 132 #
Proposal for a directive – amending act
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 135 #
Proposal for a directive – amending act
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 141 #
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 forafter the granting of a storage permit to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post- closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be met.
Amendment 146 #
Proposal for a directive – amending act
Article 23
Article 23
In cases of transboundary transport of CO2, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of other relevant Community legislation jointly. For transboundry storage sites, the national authority responsible for granting permits is the one from the Member State on whose territory the largest part of the storage site is presumed to be located.
Amendment 153 #
Proposal for a directive – amending act
Annex I – paragraph 1
Annex I – paragraph 1
The characterisation and assessment of storage sites referred to in Article 4 shall be carried out in four steps according to the following criteria and on the basis of the best available technique. Derogations from one or more of these criteria are permitted so long as the capacity of the characterisation and assessment to enable the determinations pursuant to Article 4 is not affected.
Amendment 154 #
Proposal for a directive – amending act
Annex I – step 1 – point h
Annex I – step 1 – point h
(h) Domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site, as well as the delimitation of the hydraulic unit;
Amendment 165 #
Proposal for a directive – amending act
Article 3 - point 3
Article 3 - point 3
(3) 'storage site' means a specific part of a geological formation usedthat is adequate for the geological storage of CO2;
Amendment 170 #
Proposal for a directive – amending act
Article 3 - point 5
Article 3 - point 5
(5) 'leakage' means the not insignificanyt release of CO2 from the storage complex;
Amendment 200 #
Proposal for a directive – amending act
Article 3 - point 20 a (new)
Article 3 - point 20 a (new)
(20a) 'hydraulic unit' means a hydraulically connected pore space where pressure communication can be measured by technical means.
Amendment 229 #
Proposal for a directive – amending act
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Exploration permits shall be granted for a limited volume area and for a maximum of two years, renewable once for a maximum of two yearthe period needed to carry out the activities for which the exploration permit is granted. The exploration permit may be prolonged. Before granting exploration permits, Member States shall make arrangements to ensure that the permit is not illegally used to prevent investments.
Amendment 236 #
Proposal for a directive – amending act
Article 5 – paragraph 4
Article 5 – paragraph 4
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. After this period, the CO2 storage exploration permit shall either be converted into a CO2 storage permit or else be relinquished for the total area covered.
Amendment 247 #
Proposal for a directive – amending act
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The holder of a storage permit shall have the sole right to store CO2 in the storage site. Member States shall ensure that no conflicting uses of the storage site are permitted during the validity of the storage permit.
Amendment 270 #
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
(2) the Commission hasmay issued, on request of the Member States, its opinion on the draft permit pursuant to Article 10(12);
Amendment 274 #
Proposal for a directive – amending act
Article 8 – point 3
Article 8 – point 3
Amendment 279 #
Proposal for a directive – amending act
Article 9 – point 2
Article 9 – point 2
(2) precise location and delimitation of the storage site and, the storage complex and the hydraulic unit;
Amendment 286 #
Proposal for a directive – amending act
Article 10 –title
Article 10 –title
Amendment 288 #
Proposal for a directive – amending act
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall inform the Commission of all draft storage permits, the permit applications and any other material taken into consideration by the competent authority when adopting its draft decision. Within six months of their submission to the Commission, the Commission may issue an opinion on the draftabout granted CO2 storage permits or rejected applications for storage permits.
Amendment 293 #
Proposal for a directive – amending act
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates fromMember States may inform the Commission of draft storage permits, permit applications and any other material taken into consideration by the Ccommission petent authority when adopting its draft decision.
Amendment 303 #
Proposal for a directive – amending act
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
Amendment 316 #
Proposal for a directive – amending act
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process and substances necessary for the transport on safety grounds. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.
Amendment 343 #
Proposal for a directive – amending act
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 349 #
Proposal for a directive – amending act
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 364 #
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 aare made by the applicant in accordance with a transparent procedure for establishing his creditworthiness and a risk-based assessment of the potential level of damage, to be carried out at the commencement of storage permit, to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post-closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be met.
Amendment 367 #
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 forafter the granting of a storage permit to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post- closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be met.
Amendment 391 #
Proposal for a directive – amending act
Article 23
Article 23
In cases of transboundary transport of CO2, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of other relevant Community legislation jointly. For transboundary storage sites, the national authority responsible for granting permits shall be that of the Member State on whose territory the foreseeably largest part of the storage site is located.
Amendment 422 #
Proposal for a directive – amending act
Annex I – paragraph 1
Annex I – paragraph 1
The characterisation and assessment of storage sites referred to in Article 4 shall be carried out in four steps according to the following criteria and on the basis of best available techniques. Derogations from one or more of these criteria are permitted so long as the capacity of the characterisation and assessment to enable the determinations pursuant to Article 4 is not affected.
Amendment 424 #
Proposal for a directive – amending act
Annex I – Step 1 – point (h)
Annex I – Step 1 – point (h)
(h) Domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site, as well as the delimitation of the hydraulic unit;