EU regulation of cross-border carbon capture and storage 5/2/2019 EU regulation of cross-border carbon capture and storage Legal issues under the CCS Directive in the light of primary EU law EU regulation of cross-border carbon capture and storage Legal issues under the CCS Directive in the light of primary EU law Marijn Holwerda Groningen Centre of Energy Law

Introduction - I Importance of cross-border EU CCS deployment growing Poor public acceptance onshore CO2 storage (e.g., NL, GER, DK) Industry interest in offshore enhanced oil recovery CCS Directive not drafted to facilitate cross-border CCS Only two provisions mention cross-border CO2 transport/storage Arts 22(2) and 24 deal with it in a very rudimentary manner

Introduction - II In fact, several provisions could hinder cross-border CCS: Art. 12(1) [CO2 stream purity criteria] Art. 21(2)(b)&(c) [refusing access to CCS infrastructure] Arts 19 and 20 [financial safeguards] But, they exist in the context of primary EU law

Research questions Selected a number of potentially hindering issues To answer the following two research questions: To what extent could these issues indeed hinder future cross-border deployment of CCS in the EU? To what extent is the legislative approach of the CCS Directive likely to lead to problems for the cross-border deployment of new technogies such as CCS?

Findings - I First research question: Second research question: Most issues not likely to hinder cross-border CCS Second research question: On the whole: primary EU law provides proper safety net

Findings - II Yet, some problems remain Biggest problem: availability and accessibility of CO2 transport and storage infrastructure Possible solutions: Amendment of CCS Directive after review Common EU strategy for CO2 transport and storage

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