1. © OECD/IEA 2010 Global CCS legal and regulatory developments CCS: perspectives for the Southern African region 31 May 2011, Johannesburg Justine Garrett

2. © OECD/IEA 2010 CCS Roadmap: an ambitious growth path for CCS

3. © OECD/IEA 2010 CCS Roadmap Legal and Regulatory Actions and Milestones Existing legal and regulatory frameworks should be reviewed and adapted for CCS demonstration by 2011 in OECD countries and by 2015 in all countries All countries should have a legal and regulatory framework suitable for large-scale CCS deployment by 2020 International legal issues need to be resolved by 2012

4. © OECD/IEA 2010 Analyses global CCS regulatory progress Released every 6 months Contributions by national and regional governments and international organisations Overview of recent and expected developments IEA analysis of key advances and trends Edition 2 to be released May 2011 CCS Legal and Regulatory Review

5. © OECD/IEA 2010 Progress to date: Edition 1, October 2010 Significant progress made on legal and regulatory frameworks Australia, North America, Europe Progress to date generally limited to OECD regions Work starting in non-OECD countries (e.g. South Africa, Malaysia, Vietnam) Majority of countries still lack CCS regulatory frameworks

6. © OECD/IEA 2010 Edition 2, May 2011 Released 27 May 2011 Progress report from around 30 jurisdictions Key developments in global CCS regulation include Transposition of EU CCS Directive International marine treaty developments International climate change negotiations Talking process: developing CCS regulatory frameworks

7. © OECD/IEA 2010 Transposition of EU CCS Directive Momentum gathering as transposition deadline approaches 25 June 2011 deadline Transposition process on track in countries such Spain, Romania, France, the United Kingdom, Italy, Finland and the Netherlands European Commission enforcement powers Guidance documents

8. © OECD/IEA 2010 International marine treaty developments London Protocol and OSPAR Treaty 2009 London Protocol amendment Amendment to enable cross-border transportation of CCS Ratification required by 27/40 Contracting Parties Only Norway has ratified to date; Dutch ratification pending Only 16 additional Parties with current interest in CCS Constraint on offshore storage cooperation OSPAR 2007 amendment to enable sub-seabed CO 2 injection Ratification by 7 Parties required; 6 ratifications to date with 2 pending Likely to enter into force in 2011

9. © OECD/IEA 2010 International climate change negotiations CCS in the CDM 6 th Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol - Cancun – November/December 2011 Decided CCS eligible under the CDM, subject to resolution of certain specified issues Next steps Synthesis report of submissions from Parties being prepared by the UNFCCC Secretariat (submissions closed 21 February 2011) Technical workshop with experts to be held between June and November 2011 Draft modalities and procedures to be prepared by the UNFCCC Secretariat for consideration by SBSTA in Durban, South Africa, November/December 2011

10. © OECD/IEA 2010 Talking process: developing CCS regulation Identify purpose for CCS framework: demonstration v. deployment Context: understanding existing legal landscape “Gap and barrier” analysis: how do existing frameworks match up with what future CCS legislation would aim to achieve? Amend existing regulation or develop dedicated regulation Review regulation to ensure fit for purpose

11. © OECD/IEA 2010 Talking process in the CCS Review What comes first: comprehensive CCS regulation, or CCS demonstration? Coordinating within government “Gap and barrier” analysis Ensuring regulation is fit for purpose

12. © OECD/IEA 2010 IEA CCS Model Regulatory Framework Assists governments in the development of national legal and regulatory frameworks Draws on current CCS legal and regulatory developments in Europe, Australia, the United States, and elsewhere Proposes key principles for handling regulatory issues associated with CCS Non-prescriptive

13. © OECD/IEA 2010 Where does the Model Framework fit in? Model Framework synthesises international approach to CCS regulation Inform governments on current regulatory approaches Reference point for “gap and barrier” analysis Identify purpose for CCS framework: demonstration v. deployment Context: understanding existing legal landscape “Gap and barrier” analysis: how do existing frameworks match up with what future CCS legislation would aim to achieve? Amend existing regulation or develop dedicated regulation Review regulation to ensure fit for purpose

14. © OECD/IEA 2010 justine.garrett@iea.org www.iea.org/ccs/legal.asp