1. Opole University1 Jerzy Jendrośka Implementing the CCS Directive in Poland: key findings from the transposition process Implementing the EU CO2 Storage Directive Challenges and Opportunities University College London 7 November 2011

2. Opole University2 Content Legal process and context Administrative and procedural arrangements Financial security, transfer of responsibility and sanctions Conclusions

3. Opole University3 Legal process – current status Principles for CCS Bill (Principles for the draft law to transpose the CCS Directive) –several versions prepared by Environment Ministry since 2009 – final version of February adopted by Council of Ministers on 15 March 2011 Draft law (CCS Bill) not yet prepared by the Governmental Legislative Center !

4. Legal process – transposition method Amendment to existing laws plus a number of new regulations Bulk of transposing provisions to be included in the Geological and Mining Law Changes in several other laws Opole University4

5. Context – policy No clear Climate Change official strategy –Climate Policy of Poland of 2003 – outdated –new policy documents – under preparation –current actual policy – mostly lobby groups driven No official CCS Roadmap –Several not coordinated programmes and measures in various official documents Opole University5

6. Context – public debate No real public debate! Draft Principles for CCS Bill subject to consultations – mostly interested business and research institutions Public comments (mostly NIMBY) Few environmental NGOs involved Opole University6

7. Administrative arrangements Key players in CCS policy: Environment and EconomyMinisters Prospective competent authority for permitting: Environment Minister New agency: National CCS Administrator –responsible for transfer of responsibility tasks –to be created in 2015 –delegated to Polish Geological Institute Opole University7

8. Regulatory process Separate procedures for –exploration – storage Both procedures two-tier –EIA decision (local authorities?) –Permit (Environment Minister) Opole University8

9. Permits - procedure Exploration permit –non-binding opinion of relevant local authorities Storage permit – approval needed –Economy Minister –relevant local authorities Opole University9

10. Permit – reasons for refusal Environmental protection requirements Interference with legitimate use of property as reflected in local land use plan or land use studium (outline plan) National security or public safety Opole University10

11. Financial issues Financial security instruments –monetary deposits in National Environmental Fund –bank quarantees, –insurance instruments Financial mechanism for transfer of responsibility – special fees and other instruments Opole University11

12. Transfer of responsibility Main role of National CCS Administrator Major issues: –ownership of installation –intelectual property rights to geological information Opole University12

13. Sanctions Based on existing sanctions in geological and mining law Criminal sanctions – for example abuse of permit conditions causing significant damage to environment or property – imprisonment up to 3 years Petty offences - fines Opole University13

14. Conclusions Most details to be set in the CCS Bill (CO2 stream acceptance criteria, role of local authorities in EIA Decision etc) General approach – harmonise CCS with existing legislation, legal institutions and instruments (pros and cons) Most of CCS Directive ambiguities – not resolved (relation to EIA and Aarhus) Opole University14