Summary/Abstract
This report provides a critical literature review of the legal and regulatory issues of CCS in the European Union, including how CCS fits within the international legal framework and what policy incentives can be used to increase CCS deployment. The report looks in depth at the following categories:
- Legal issues: From a legal point of view, the report identifies that the main gaps appear to relate to domestic law. In particular, analysis is required of the extent to which current EU and national legislation regarding property rights and liability might apply to CCS activities. Preferably, existing regulatory arrangements will be utilized and, where necessary, amended to fill gaps and provide certainty. Public international law’s relevance to CCS is better known; clarification (and possibly amendment) is required of several provisions in the marine protection treaties, which have the potential to act as a barrier to CCS activities.
- Regulatory issues: The report identifies that guidance on CCS is required under the international climate change regime before it can be broadly deployed. The main current showstopper is that the permitting requirements for site-selection and long-term monitoring. It would be preferable if an international institution with indisputable credibility would develop standards related to those issues, which could then be used for national legislation as well as for international instruments such as the EU Emissions Trading Scheme and the CDM.