29 Amendments of Richard SEEBER related to 2008/0015(COD)
Amendment 92 #
Proposal for a directive – amending act
Recital 14
Recital 14
(14) This Directive should 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 storage of CO2 in geological formations extending beyond the territorial scope of this Directive and the storage of CO2 in the water column should not be permitted.
Amendment 96 #
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 selectedIn determining whether a geological formation should be used as a storage site, apart from the environment and safety criteria addressed in this Directive other essential interests of Member States will also be involved, in particular economic and financial interests related to the protection of hydrocarbon reservoirs, a Member State’s interest in a high degree of hydrocarbon self- sufficiency and interests of a Member State as owner of hydrocarbon reservoirs. These essential interests are not affected by this Directive. Member States should retain the right to determine the areas from which storage sites may be selected. This includes the right of Member States not to allow any storage in parts or on the whole of their territory. 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 significant risk of leakage, and if in any case no significant 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 128 #
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 to be determined by each Member State, applying the objectives of fair and open access and taking into account inter alia the transport and storage capacity which is available or can reasonably be made available as well as the proportion of its CO2 reduction obligations pursuant to international legal instruments and to Community legislatio. Since a Community wide infrastructure for CO2 storage and transport does not exist, Member States should have the opportunity to grant exemption from regulated third party access to provide an intcended to meet through CO2 capture and geological storagtive for investments in CO2 infrastructure. Member States should also establish dispute settlement mechanisms to enable expeditious settlement of disputes regarding access to CO2 transport networks and storage sites.
Amendment 150 #
Proposal for a directive – amending act
Article 1 - paragraph 2 a (new)
Article 1 - paragraph 2 a (new)
2a. Member States shall take the necessary measures to ensure that geological storage of CO2 is carried out without endangering human health, without harming the environment and, in particular, without risk to water, air, soil, plants or animals.
Amendment 153 #
Proposal for a directive – amending act
Article 2 - paragraph 2
Article 2 - paragraph 2
2. This Directive shall not apply to geological storage of CO2 undertaken for research, development or testing of new products and processes, nor to the geological storage of CO2 or gas mixtures containing CO2 being injected for the purpose of and as a measure to increase the exploitation of hydrocarbons in the storage site.
Amendment 209 #
Proposal for a directive – amending act
Article 4 - paragraph 1
Article 4 - paragraph 1
1. Member States 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 any storage in parts or in the whole of their territory.
Amendment 218 #
Proposal for a directive – amending act
Article 4 – paragraph 2
Article 4 – paragraph 2
2. AWithout prejudice to paragraph 1, 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 or health impacts are likely to occur and if the suitability of the formation for use as a storage site has been determined in accordance with paragraph 3.
Amendment 221 #
Proposal for a directive – amending act
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. This Directive does not affect essential economic interests of Member States related to hydrocarbon reservoirs.
Amendment 232 #
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 twofive years, renewable once for a maximum of two years.
Amendment 237 #
Proposal for a directive – amending act
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The holder of a permit for exploration, production or storage of hydrocarbons may be granted the exclusive right to explore the geological complex with a view to the storage of CO2 in the area covered by the permit for exploration, production or storage of hydrocarbons, without being bound by the restrictions and conditions of paragraph 2. Member States shall ensure that the use of the storage complex during the period of validity of the exploration permit for CO2 storage does not adversely affect the authorised use of the area for the purpose of exploring, producing, developing, or storing hydrocarbons.
Amendment 248 #
Proposal for a directive – amending act
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The holder of a permit for exploration, production or storage of hydrocarbons may be granted a storage permit in the area covered by the permit for exploration, production or storage, without being bound by the restrictions and conditions of paragraph 2. Member States shall ensure that the use of the storage complex does not adversely affect the authorised use of the area for the purpose of exploring, producing, developing, or storing hydrocarbons.
Amendment 249 #
Proposal for a directive – amending act
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. The holder of an exploration permit according to Article 5 shall be granted a storage permit, without being bound by the restrictions and conditions of paragraph 2, if he has met the requirements of the exploration permit.
Amendment 254 #
Proposal for a directive – amending act
Article 7 – point 4
Article 7 – point 4
(4) the total quantity of CO2 to be injected and stored as well as the prospective sources, composition of CO2 streams and injection rates;
Amendment 262 #
Proposal for a directive – amending act
Article 8 – point 1 – point b
Article 8 – point 1 – point b
(b) the management of the storage site will be in the hands of a natural person who isoperated by a legal entity which has adequate technically competentce and reliable to manage the site; professional and technical development and training of this person and sources to operate the site as well as sufficient financiall staff are providedecurity;
Amendment 266 #
Proposal for a directive – amending act
Article 8 – point 1 – point b a (new)
Article 8 – point 1 – point b a (new)
(bad) a responsible person has been appointed for the management of the storage site who can show the required qualification, training and reliability;
Amendment 268 #
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
Amendment 272 #
Proposal for a directive – amending act
Article 8 – point 3
Article 8 – point 3
Amendment 283 #
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
(4) requirements for the composition of the CO2 which may be storeamd and the CO2 acceptance procedure pursuant to Article 12, and, if necessary, further requirements for injection and storage;
Amendment 302 #
Proposal for a directive – amending act
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
Amendment 314 #
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,may only be accepted if the following requirements are met: no waste and other matter may be added for the purpose of disposing of that waste or other matter. H; 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 legislation. The maximum allowable concentration levels for those substances shall be determined in accordance with the regulatory procedure with scrutiny referred to in Article 28(2).
Amendment 342 #
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 futureall integrity criteria as set out in this Directive or in the storage permit have been fulfilled so that the stored CO2 will be contained. To this end, the operator shall prepare a report documenting that thisese criteriona hasve been met and submit it to the competent authority for the latter to approve the transfer of responsibility.
Amendment 344 #
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 may issue an opinion on the draft decisions of approval.
Amendment 379 #
Proposal for a directive – amending act
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. The access referred to in paragraph 1 shall be provided in a manner determined by the Member State. The Member State shall apply the objectives of fair and open access,principle of open access under non-discriminatory conditions taking into account:
Amendment 382 #
Proposal for a directive – amending act
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(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;
Amendment 383 #
Proposal for a directive – amending act
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
Amendment 384 #
Proposal for a directive – amending act
Article 20 – paragraph 2 – point d
Article 20 – paragraph 2 – point d
(d) the need to respect the duly substantiated reasonable needs of the owner or operator of the storage site or of the CO2 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; and. These reasonable needs of the owner or operator of the storage site or of the CO2 transport network are primarily the secure opportunity for transportation/storage of the own produced/sequestered CO2 stream with regard to the available capacity as well as maintaining the necessary financial security for the development of the infrastructure or operation of the installations;
Amendment 386 #
Proposal for a directive – amending act
Article 20 – paragraph 3
Article 20 – paragraph 3
3. CO2 transport network operators and operators of storage sites may refuse access on the basis of lack of capacity or when economically unreasonable. Duly substantiated reasons shall be given for any refusal.
Amendment 388 #
Proposal for a directive – amending act
Article 20 a (new)
Article 20 a (new)
Article 20a Exemptions 1. Major new CCS infrastructure may, upon request, be exempted, for a defined period of time, from the provisions of Article 20 under the following conditions: (a) the risk attached to the investment is such that the investment would not take place unless an exemption was granted; (b) the exemption is not detrimental to the effective functioning of the CCS market. 2. Member State competent authorities may, on a case by case basis, decide on the exemptions referred to in paragraph 1. Where the infrastructure in question is located in the territory of more than one Member State, the competent authorities of the Member States shall come to a joint decision. The following conditions shall apply to the granting of exemptions: (a) an exemption may cover all or part of the capacity of the new infrastructure or an amended or enhanced capacity in total or in part; (b) in deciding to grant an exemption consideration shall be given, on a case by case basis, to the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the infrastructure. When deciding on the conditions account shall, in particular, be taken of the duration of contracts, the additional capacity to be built, the time horizon of the project and national circumstances; (c) when granting an exemption the competent authority may decide upon the rules and mechanisms for management and allocation of capacity insofar as this does not prevent the implementation of long-term contracts; (d) the exemption decision, including any conditions, shall be duly reasoned and published.
Amendment 395 #
Proposal for a directive – amending act
Article 29 – paragraph 1 –point a
Article 29 – paragraph 1 –point a
Directive 85/337/EEC
Annex I – point 16
Annex I – point 16
16. Pipelines for the transport of gas, oil, or chemicals and pipelines for the transport of carbon dioxide streams for the purposes of geological storage with a diameter of more than 800 mm and a length of more than 40 km, including associated booster stations.