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Legal Aspects of Storing Co2 INTERNATIONAL ENERGY AGENCY LEGAL ASPECTS OF STORING CO2 Update and Recommendations Please note that this PDF is subject to specific restrictions that limit its use and distribution. The terms and conditions are available online at www.iea.org/w/bookshop/pricing.html INTERNATIONAL ENERGY AGENCY The International Energy Agency (IEA) is an autonomous body which was established in November 1974 within the framework of the Organisation for Economic Co-operation and Development (OECD) to implement an international energy programme. It carries out a comprehensive programme of energy co-operation among twenty-six of the OECD thirty member countries. The basic aims of the IEA are: To maintain and improve systems for coping with oil supply disruptions. To promote rational energy policies in a global context through co-operative relations with non-member countries, industry and inter national organisations. To operate a permanent information system on the international oil market. To improve the world’s energy supply and demand structure by developing alternative energy sources and increasing the effi ciency of energy use. To assist in the integration of environmental and energy policies. The IEA member countries are: Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Republic of Korea, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom and United States. The Slovak Republic and Poland are likely to become member countries in 2007/2008. The European Commission also participates in the work of the IEA. ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT The OECD is a unique forum where the governments of thirty democracies work together to address the economic, social and environmental challenges of globalisation. The OECD is also at the forefront of efforts to understand and to help governments respond to new developments and concerns, such as corporate governance, the information economy and the challenges of an ageing population. The Organisation provides a setting where governments can compare policy experiences, seek answers to common problems, identify good practice and work to co-ordinate domestic and international policies. The OECD member countries are: Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Republic of Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Spain, Sweden, Switzerland, Turkey, United Kingdom and United States. The European Commission takes part in the work of the OECD. © OECD/IEA, 2007 International Energy Agency (IEA), Head of Communication and Information Offi ce, 9 rue de la Fédération, 75739 Paris Cedex 15, France. Please note that this publication is subject to specifi c restrictions that limit its use and distribution. The terms and conditions are available online at http://www.iea.org/Textbase/about/copyright.asp FOREWORD 3 FOREWORD There is a strong and growing global interest in advancing carbon dioxide (CO2) capture and storage as a greenhouse gas mitigation strategy. Recent IEA analysis confi rms that coal and other fossil fuels will continue to play a key role in providing our energy in the future. CO2 capture and storage (CCS) will allow us to continue using these resources while we simultaneously pursue energy effi ciency, renewable, and nuclear energy opportunities. The energy challenges we face are great; all of these technologies must play roles to achieve a sustainable future. The fi rst IEA Legal Aspects of CO2 Storage Workshop in 2004 started an important body of work analysing legal issues surrounding CO2 storage in domestic and international law. The second workshop, held in October 2006, made signifi cant progress by collecting case studies and sharing legal and regulatory developments from around the world that advance the viability of CCS. This book thus provides a compilation of essential information regarding the legal, policy and regulatory principles for CCS. While this progress is to be commended, much more work needs to be done at the local, national and international levels to facilitate large-scale CO2 storage demonstration projects to lay the groundwork for expansion of this important greenhouse gas mitigation option. Several new major CCS projects have been recently announced, and require clear guidance on key issues like monitoring and verifi cation requirements and long-term liability. There is an urgent need for governments to develop “fast track” regulatory approaches to speed implementation of these projects, as they will provide important data on CO2 retention to guide the development of much- needed standards, as well as increase public acceptance and understanding of this important technology. I am delighted that the IEA continues to provide value to the international CO2 capture and storage community, and hope that this latest publication paves the way for future work to improve the investment security for continued progress this important technology. Claude Mandil Executive Director 7 © OECD/IEA, 200 7 © OECD/IEA, 200 ACKNOWLEDGEMENTS 5 ACKNOWLEDGEMENTS This publication was written by Thomas M. Kerr. Substantial input and guidance was provided by Neil Hirst, Director of the Energy Technology Offi ce, IEA; Dr. Robert Dixon, Head of the Energy Technology Policy Division, IEA; Dr. Antonio Pfl üger, Head of the Energy Technology Collaboration Division, IEA; and Nancy Turck, Chief Legal Counsel, IEA. Jacek Podkanski, Secretary to the IEA Working Party on Fossil Fuels, Harry Audus of the IEA Greenhouse Gas R&D Programme and the IEA’s Kamel Bennaceur, Dolf Gielen, Uwe Remme and Sankar Bhattacharya also provided important input. The author would like to thank Simone Luft, Muriel Custodio, Sophie Schlondorff and Bertrand Sadin for their skills in producing this publication. This publication could not have been produced without the efforts of a number of global experts, including the IEA/CSLF Legal Sub Committee, which drafted and compiled the background document for the October 2006 workshop, from which this document was based. See Annex 12 for a full list of contributors. The IEA thanks the Carbon Sequestration Leadership Forum for co-sponsoring the 2nd IEA/CSLF Workshop on Legal Aspects of Storing CO2, and the French Ministère de l’Industrie for hosting the event. Finally, the IEA would like to thank all of the speakers and panellists at the Paris workshop for their contributions: Clare Haley, Alexandra Neri, Barry Worthington, Ian Hayhow, Robert Sussman, Tania Constable, John Torkington, Simon Read, Jill Barrett, Caroline van Dalen, Amparo Agrait, Andy Greaves, Tim Dixon, Paul Zakkour, Tore Andreas Torp, Jeff Logan, Mette Karine Gravdahl Agerup, Magnus Pettersson, David Reiner and Paal Frisvold. 7 © OECD/IEA, 200 7 © OECD/IEA, 200 TABLE OF CONTENTS 7 TABLE OF CONTENTS Foreword ......................................................................................................................................................................... 3 Acknowledgements .................................................................................................................................................... 5 Key messages ............................................................................................................................................................... 9 Introduction .................................................................................................................................................................11 1. Background information ..............................................................................................................................13 2. National legal and regulatory frameworks ....................................................................................... 25 The goals of regulation .................................................................................................................................25 Jurisdictional issues .........................................................................................................................................26 Access, ownership and property rights ....................................................................................................31 Support for CCS: Government incentives, including interactions with emissions trading schemes ...............................................................................................................................................48 Ensuring public participation .......................................................................................................................58 3. International marine environment protection instruments ....................................................... 61 Background .........................................................................................................................................................61 The London Convention framework ..........................................................................................................62 The OSPAR Convention .................................................................................................................................64 Other regional treaties ...................................................................................................................................66 CurrentstatusofCO2
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