Proposal for a Directive of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directives 85/337/EEC, 96/61/EC, Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and Regulation (EC) No 1013/2006 {COM(2008) 30 final} {SEC(2008) 54} {SEC(2008) 55}
Date: 2008-01-23
Institutions: European Commission
Subjects: EU environmental policy, energy policy, energy storage, energy technology, environmental impact, environmental liability, greenhouse gas, reduction of gas emissions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.1.2008 
COM(2008) 18 final 

2008/0015 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the geological storage of carbon dioxide and amending Council Directives 
85/337/EEC, 96/61/EC, Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and 
Regulation (EC) No 1013/2006 

(presented by the Commission) 

{COM(2008) 30 final} 
{SEC(2008) 54} 
{SEC(2008) 55} 

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EXPLANATORY MEMORANDUM 

1. CONTEXT OF THE PROPOSAL 

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Grounds for and objectives of the proposal 

Energy  efficiency  and  renewables  are  in  the  long  term  the  most  sustainable 
solutions both for security of supply and climate. However, we cannot reduce EU 
or world CO2 emissions by 50% in 2050 if we do not also use the possibility to 
capture  CO2  from  industrial  installations  and  store  it  in  geological  formations 
(carbon dioxide capture and storage, or CCS). Around a third of existing coal fired 
power  capacity  in  Europe  will  be  replaced  in  the  next  10  years.  Internationally, 
China,  India,  Brazil,  South  Africa  and  Mexico's  energy  consumption  will  lead  a 
major global demand increase, which is likely to be met in large part from fossil 
fuels. This legal framework is designed to ensure that CO2 capture and storage is 
an available mitigation option, and that it is done safely and responsibly.  

General context 

The  Commission  Communication  on  meeting  the  Community's  objective  of 
limiting climate change to 2° C clarifies that in the context of the global reduction 
of  CO2  emissions  of  50%  by  2050,  a  reduction  in  emissions  of  30%  in  the 
developed  world  by  2020  is  required,  rising  to  60-80%  by  2050,  that  this 
reduction is technically feasible and the benefits far outweigh the costs, but that, 
to  achieve  it,  all  mitigation  options  must  be  harnessed,  among  them  carbon 
dioxide capture and storage. 

The  Second  European  Climate  Change  Programme  (ECCP  II)  set  up  a  Working 
Group on Carbon Capture and Geological Storage. The Working Group stressed 
the need for the development of both policy and regulatory frameworks for CCS. 
The  Communication  on  Sustainable  Power  Generation  from  Fossil  Fuels  of 
January  2007  set  out  an  action  plan  for  the  Commission  during  2007,  which 
required the development of a sound management framework for CCS.  

Following  this,  the  Brussels  European  Council  of  March  2007  also  urged  the 
Member  States  and  the  Commission  develop  the  necessary  technical,  economic 
and regulatory framework to bring environmentally safe CCS to deployment.  

Existing provisions in the area of the proposal 

Where possible, existing provisions have been used to manage the risks of CCS. 
Directive  96/61/EC  concerning  Integrated  Pollution  Prevention  and  Control 
(IPPC) is used for regulating the risks of CO2 capture. Directive 85/337/EEC on 
the assessment of the environmental impact of certain projects (EIA) is used for 
assessing  environmental  impact  of  capture,  pipeline  transport  and  storage. 
Directive  2004/35/EC  on  Environmental  Liability  is  used  for  regulating  the 
liability  for  local  environmental  damage  from  CCS.  Directive  2003/87/EC 
establishing a scheme for greenhouse gas emission allowance trading is used for 
regulating  the  liability  for  climate  damage  by  requiring  surrender  of  allowances 

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for leakage. 

Consistency with the other policies and objectives of the Union 

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The proposal is consistent with the Sustainable Development Strategy, because it 
reconciles security of supply with climate change objectives. It is consistent with 
the Strategy for Growth and Jobs because enabling CCS will promote innovation 
and potentially position the EU in a new technology market. 

2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

  Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

Consultation was conducted mainly via meetings with stakeholders. The European 
Climate Change Programme Working Group III on CCS met four times during the 
first  half  of  2006.  An  internet  consultation  "Capturing  and  storing  CO2 
underground  -  should  we  be  concerned?"  was  conducted  which  received  787 
responses. A large-scale stakeholder meeting was held on 8 May 2007 where the 
Commission presented an outline of its intended regulatory framework and gave 
the  opportunity  to  comment.  Further  ad-hoc  meetings  with  smaller  groups  were 
held on particular aspects of the proposal. 

Summary of responses and how they have been taken into account 

The internet consultation showed strong support for the main objectives set out in 
the Communication on sustainable power generation from fossil fuels COM(2006) 
843.  Stakeholders  were  most  concerned  about  the  potential  diversion  of  effort 
away from energy efficiency and renewables, and about ensuring that stored CO2 
remains underground. The targets for a 20% improvement in energy efficiency by 
2020 and for a 20% share of renewables in final energy demand will ensure that 
those  initiatives  remain  at  the  centre  of  climate  and  energy  policy.  The  focus  of 
the  enabling  legal  framework  is  on  the  security  of  storage,  which  is  the  major 
stakeholder safety concern. 

The  Commission's  outline  of  its  proposed  legal  framework  was  broadly 
welcomed.  There  was  however  concern,  on  subsidiarity  and  proportionality 
grounds, regarding proposed powers for the Commission to accept or reject draft 
permitting  decisions  made  by  national  competent  authorities.  This  has  been 
addressed  by  instituting  a  review  at  EU  level  but  ensuring  that  the  national 
competent authority retains the final say. 

A  requirement  for  mandatory  CCS  from  a  specific  date  was  welcomed  by  some 
respondents (principally NGOs) and questioned by others. Those who questioned 
it  did  so  on  the  basis  that  the  technology  was  insufficiently  mature  to  be 
mandated,  and  that  the  implications  for  the  energy  mix  were  unpredictable.  The 
Commission  addressed  the  economic,  social  and  environmental  implications  of 
mandatory  CCS  in  the  impact  assessment  and  concluded  that  at  this  time  a 
imposed.
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mandatory 

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An  open  consultation  was  conducted  over  the  internet  from  19.2.2007  to 
30.4.2007. The Commission received 787 response(s). The results are available on 
http://ec.europa.eu/environment/climat/ccs/index_en.htm. 

  Collection and use of expertise 

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Scientific/expertise domains concerned 

The  main  areas  where  scientific  expertise were required were: energy modelling 
to  predict  the  outcome  of  various  options  for  promoting  CCS  deployment; 
assessment of availability and likely use of storage capacity across Europe based 
on those scenarios; assessment of the environmental impacts of the deployment in 
question;  and  development  of  a  risk  management  framework  to  minimise  those 
impacts. 

Methodology used 

Energy modelling of scenarios was done using the PRIMES model of the National 
Technical  University  of  Athens  (NTUA).  The  results  were  then  used  to  develop 
model  capture,  transport  and  storage  networks  in  the  EU  using  the  source-sink 
matching  tool  developed  under  the  CASTOR  FP6  project,  and  the  storage 
capacity  database  of  the  GEOCAPACITY  FP6  project.  The  environmental 
impacts of these scenarios were assessed using the POLES model of IIASA for air 
quality, and using a methodology developed by ERM for all other environmental 
impacts.  Technical  input  on  appropriate  risk  management  strategies  was  derived 
from  approaches  developed  by  ERM  and  ECN;  from  the  OSPAR  Commission 
deliberations and the resulting Framework for Risk Management (FRAM) adopted 
at 
the  FP6  project 
CO2ReMoVe. 

the  2007  OSPAR  Commission  meeting;  and  from 

Main organisations/experts consulted 

The  National  Technical  University  of  Athens,  for  energy  modelling;  TNO,  the 
British  Geological  Survey,  GEUS  and  SINTEF  and 
the  CASTOR  and 
GEOCAPACITY  FP6  projects;  the  CO2ReMoVe  FP6  project;  ECN,  ERM  and 
IIASA for environmental risk assessment and risk management. Discussion with 
the  European  Technology  Platform  for  Zero  Emission  Fossil  Fuel  Power  Plant 
(ETP-ZEP) a stakeholder initiative supported by the Commission, was particularly 
useful. Other significant inputs were papers from the Intergovernmental Panel on 
Climate  Change  (IPCC)  and  the  International  Energy  Agency,  in  particular  its 
Greenhouse Gas R&D programme. 

Summary of advice received and used 

The existence of potentially serious risks with irreversible consequences has been 
mentioned. There is no consensus on the existence of such risks. 

This  does  not  mean  that  there  are  no  risks  associated  with  CCS.  However,  the 
particular  concerns  raised  in  this  case  (by  the  University  of  Science  and 
Technology of Krakow, in a letter to the Commission) are not widely shared. In 
fact there a broad scientific consensus, best expressed in the IPCC Special Report 

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on CCS, that for properly selected, managed and decommissioned sites, the risk of 
leakage, and a fortiori of irreversible consequences, is in fact low. It is the task of 
this proposal to ensure that such procedures are in place. 

Means used to make the expert advice publicly available 

The  documents  used  from  the  IEA  and  the  IPCC  are  public  already.  For  the 
impact  assessment  work,  the  PRIMES  scenarios  will  be  made  available  on  the 
internet, as will reports of the IIASA, TNO and ECN/ERM projects. 

Impact assessment 

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The impact assessment considered the best way to regulate capture, transport and 
storage;  and  the  appropriate  option  for  incentivisation  of  CCS.  The  next  two 
paragraphs deal with regulation; the remainder, with incentivisation. 

For regulation of capture and transport, a conservative approach was taken. On the 
basis  that  there  is  no  risk  difference  justifying  a  different  approach  for  CO2 
capture and transport than for similar activities already regulated (e.g. natural gas 
pipelines), existing regulatory frameworks will be used for these components. 

For storage, the options to regulate risks were (i) the Emissions Trading Directive; 
(ii)  to  use  IPPC;  (iii)  to  use  waste  legislation;  and  (iv)  to  develop  a  new 
framework. The ETS is not designed for complete regulation of the environmental 
risks of CCS, and IPPC and the waste acquis are not well adapted to the specific 
requirements of regulating CO2 storage, and could be made so only by extensive 
amendment. It was thus decided to develop a new framework. 

For  incentivisation,  the  options  were  (i)  to  enable  CCS  under  the  Emissions 
Trading Scheme, and allow the carbon market to determine deployment; and (ii) 
in  addition  to  (i),  to  make  CCS  deployment  mandatory  (and  retrofit  also 
mandatory)  after  a  specific  date.  Mandatory  CCS  stimulates  earlier  deployment 
but at substantial additional cost; under the carbon market, CCS will be deployed 
if and when it is cost-effective. It was decided not to make CCS mandatory at this 
stage. 

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The Commission carried out an impact assessment listed in the Work Programme, 
whose report is accessible on 
http://ec.europa.eu/environment/climat/ccs/index_en.htm. 

3. LEGAL ELEMENTS OF THE PROPOSAL 

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Summary of the proposed action 

The proposal ensures that CO2 capture is regulated under Directive 96/61/EC and 
that  both  CO2  capture  and  pipeline  transport  are  regulated  under  Directive 
85/337/EEC. But its main scope is the regulation of CO2 storage and the removal 
of barriers in existing legislation to CO2 storage. 

Legal basis 

Article 175(1) 

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Subsidiarity principle 

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The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

  The  objectives  of  the  proposal  cannot  be  sufficiently  achieved  by  the  Member 

States for the following reason(s). 

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Action  by  Member  States  alone  would  not  be  sufficient  to  ensure  a  comparably 
high  overall  level  of  environmental  integrity  of  CO2  storage  across  Europe. 
Action at Member State level would not be capable of covering the permitting of 
transboundary  storage  sites,  or  of  ensuring  equal  access  to  the  transport  and 
storage  network  across  Europe.  The  setting  of  permit  conditions  and  conditions 
for transfer of responsibility for the storage site to the state at Member State level 
could also lead to distortion of competition. 

CO2  captured  and  stored  will  be  credited  as  not  emitted  under  the  Emissions 
Trading Scheme. If comparable security of storage is not achieved across Europe, 
there would be distortion of the carbon market and failure to effectively achieve 
the Member States' climate objectives. 

  Community  action  will  better  achieve  the  objectives  of  the  proposal  for  the 

following reason(s). 

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EU  action  can  ensure  that  the  above  issues  are  addressed  consistently,  by 
establishing  common  permit  conditions,  a  common  condition  on  transfer  of 
responsibility to the state, provisions on equal access to transport and storage, and 
provisions  for  permitting  of  transboundary  sites.  A  consistently  high  level  of 
protection  of  the  environment  and  human  health  across  Europe  can  be  ensured, 
and distortion of the carbon market avoided. 

The  approach  is  consistent  with  precedent  in  other  areas,  since  activities  of 
comparable  environmental  risk  and  competition  implications  (for  instance 
landfills) are regulated at EU level for similar reasons. 

The  requirements  on  permitting,  operation  and  monitoring,  and  closure  are 
restricted  to  those  needed  to  ensure  a  comparable  level  of  environmental 
protection  across  the  EU.  Other  measures  are  limited  to  areas  where  action  by 
Member  States  alone  may  induce  distortion  of  competition:  transfer  of 
responsibility  to  the  state,  financial  provision  for  liabilities,  and  access  to  the 
transport and storage network. 

  The proposal therefore complies with the subsidiarity principle. 

  Proportionality principle 

The  proposal  complies  with  the  proportionality  principle  for  the  following 
reason(s). 

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The chosen legal instrument is a Directive, as it establishes objectives and general 
requirements for CO2 storage whilst leaving the details of the implementation to 
the Member States. 

The  requirements  for  permitting  of  storage  sites,  and  the  requirements  for 
characterisation,  monitoring  and  closure,  are  essential  provisions  for  ensuring 
environmental  integrity  and  to  avoid  risks  of  distortions  of  competition.  In 
particular the requirements on site selection and monitoring must be appropriately 
detailed  to  ensure  the  highest  level  of  environmental  protection  and  public 
confidence  from  the  start.  The  review  of  permits  by  the  Commission  is  justified 
by the additional confidence it will provide on the safety of the first generation of 
storage  sites,  and  by  the  experience  it  will  provide  on  site  characterisation  and 
monitoring.  This  experience  will  enable  the  Commission  to  establish  further 
implementation rules or guidelines in due course. The Commission will by 2015 
assess  the  continued  need  for  permit  review  and  may  propose  appropriate 
measures. 

  Choice of instruments 

Proposed instruments: directive. 

Other means would not be adequate for the following reason(s). 

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The  permitting  regime  must  be  legally  binding  to  ensure  the  required  level  of 
environmental  protection.  A 
the 
requirements are specified in a way that leaves the discretion on implementation 
to the Member States. 

is  not  appropriate  because 

regulation 

4. BUDGETARY IMPLICATION 

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Commission review of permitting decisions will entail budgetary implications of 
around €0.76 million per year. 

5. ADDITIONAL INFORMATION 

Simplification 

The  proposal  provides  for  simplification  of  legislation,  simplification  of 
administrative procedures for public authorities (EU or national). 

If  no  action  were  taken,  many  pieces  of  existing legislation on waste, water and 
industrial  emissions  could  apply  to  CCS  and  the  situation  would  be  legally 
uncertain. This proposal establishes clearly what provisions of existing legislation 
should apply to which aspects of carbon dioxide capture and storage. 

Rather than having to adapt transposing legislation for water, waste and industrial 
emissions to regulate CO2 storage, one single framework will be sufficient. 

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The  proposal  is  included  in  the  Commission's  Work  and  Legislative  Programme 
under the reference 2007/ENV/004. 

Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of 
national  provisions  transposing  the  Directive  as  well  as  a  correlation  table 
between those provisions and this Directive. 

European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the 
European Economic Area. 

Detailed explanation of the proposal 

Chapter 1 covers subject matter, scope and definitions. In particular, these articles 
specify that the objective of geological storage is permanent containment, and that 
storage in the water column is prohibited. 

Chapter  2  covers  site  selection  and  exploration  permits,  clarifying  that  Member 
States determine the areas to be made available for storage, the condition for site 
use, and including provisions governing exploration.  

Chapter  3  covers  storage  permits.  Article  10  provides  for  review  of  draft  permit 
decisions by the Commission. The Commission may provide an opinion which the 
competent authority would take into account in making its permitting decision. A 
further  provision  relevant  in  this  context  is  the  conferring  of  the  Environmental 
Impact  Assessment  Directive  (85/337/EEC  as  amended  by  97/11/EC)  on  CO2 
storage  sites  in  Article  29  paragraph  1  point  b,  thus  ensuring  impact  assessment 
and public consultation. 

Chapter  4  covers  operation,  closure  and  post-closure  obligations,  including  CO2 
acceptance criteria, monitoring and reporting obligations, inspections, measures in 
case  of  irregularities  and/or  leakage,  closure  and  post-closure  obligations  and 
provision of a financial security. 

Chapter 5 sets out provisions on access to transport and storage. Chapter 6 covers 
general  provisions  on  the  competent  authority,  transboundary  co-operation, 
penalties, reporting, amendments and the relevant comitology procedures. Chapter 
7  collects  the  required  amendments  to  other  legislation,  including  the  necessary 
adaptations to the water and waste legislation, and Chapter 8 collects the standard 
final provisions. 

Annex I specifies detailed criteria for the requirements on site characterisation and 
risk  assessment  of  Article  4.  Annex  II  specifies  detailed  criteria  for  the 
requirements on monitoring of Article 13. 

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120 

2008/0015 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the geological storage of carbon dioxide and amending Council Directives 
85/337/EEC, 96/61/EC, Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and 
Regulation (EC) No 1013/2006 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
175(1) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

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The  ultimate  objective  of  the  United  Nations  Framework  Convention  on  Climate 
Change,  which  was  approved  by  Council  Decision  94/69/EC  of  15  December  1993 
concerning the  conclusion  of the  United Nations Framework Convention on Climate 
Change5,  is  to  achieve  stabilisation  of  greenhouse  gas  concentrations  in  the 
atmosphere  at  a  level  which  prevents  dangerous  anthropogenic  interference  with  the 
climate system. 

The  Sixth  Community  Environment  Action  Programme  established  by  Decision  
No  1600/2002/EC  of  22  July  2002  laying  down  the  Sixth  Community  Environment 
Action Programme6 identifies climate change as a priority for action. That Programme 
recognises  that  the  Community  is  committed  to  achieving  an  8%  reduction  in 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 33, 7.2.1994, p. 11. 
OJ L 242, 10.9.2002, p. 1. 

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(3) 

(4) 

(5) 

(6) 

emissions of greenhouse gases by 2008 to 2012 compared to 1990 levels, and that, in 
the  longer  term,  global  emissions  of  greenhouse  gases  will  need  to  be  reduced  by 
approximately 70% compared to 1990 levels. 

Commission Communication  of 10 January 2007 "Limiting global climate change to 
two  degrees  Celsius  –  The  way  ahead  for  2020  and  beyond"7  clarifies  that  in  the 
context  of  the  envisaged  global  reduction  of  greenhouse  gas  emissions  of  50%  by 
2050, a reduction in greenhouse gas emissions of 30% in the developed world by 2020 
is required, rising to 60-80% by 2050, that this reduction is technically feasible and the 
benefits far outweigh the costs, but that, to achieve it, all mitigation options must be 
harnessed. 

Carbon dioxide capture and geological storage (CCS) is a means of mitigating climate 
change. It consists of the capture of carbon dioxide (CO2) from industrial installations, 
its transport to a storage site and its injection into a suitable geological formation for 
the purposes of permanent storage.  

The Second European Climate Change Programme (ECCP II), which was established 
by Commission Communication "Winning the Battle Against Global Climate Change" 
of 9 February 20058 to prepare and examine future climate policy in the Community 
set  up  a  Working  Group  on  Carbon  Capture  and  Geological  Storage.  The  Working 
Group's  mandate  was  to  explore  CCS  as  a  means  of  reducing  climate  change.  The 
Working  Group  published  a  detailed  report  on  the  topic  of  regulation,  which  was 
adopted  in  June  2006.  It  stressed  the  need  for  the  development  of  both  policy  and 
regulatory  frameworks  for  CCS  and  urged  the  Commission  to  undertake  further 
research into the subject. 

Commission Communication “Sustainable power generation from fossil fuels: aiming 
for near-zero emissions from coal after 2020” of 10 January 20079 reiterated the need 
for  a  regulatory  framework  based  on  an  integrated  risk  assessment  for  CO2  leakage, 
including  site  selection  requirements  designed  to  minimise  the  risk  of  leakage, 
monitoring  and  reporting  regimes  to  verify  storage  and  adequate  remediation  of  any 
damage  that  may  occur.  The  Communication  set  out  an  action  plan  for  the 
Commission  in  this  area  during  2007,  which  required  the  development  of  a  sound 
management  framework  for  CCS,  including  the  work  on  the  regulatory  framework, 
incentive  framework,  and  support  programmes,  as  well  as  external  elements 
(technology co-operation with key countries on CCS). 

(7) 

The European Council of 8 and 9 March 2007 also urged the Member States and the 
Commission to work towards strengthening research and development and developing 
the  necessary  technical,  economic  and  regulatory  framework  in  order  to  remove 
existing legal barriers and to bring environmentally safe CCS to deployment with new 
fossil power plants, if possible by 202010. 

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COM(2007) 2. 
COM(2005) 35. 
COM(2006) 843. 
Council Document 7224/07. 

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(8) 

(9) 

At the international level, legal barriers to the geological storage of CO2 in sub-seabed 
geological  formations  have  been  removed  through  the  adoption  of  related  risk 
management  frameworks  both  under  the  Convention  on  the  Prevention  of  Marine 
Pollution  by  Dumping  of  Wastes  and  Other  Matter  (1972  London  Convention)  and 
under the Convention for the Protection of the Marine Environment of the North-East 
Atlantic (OSPAR Convention). 

The Contracting Parties to the 1996 London Protocol to the 1972 London Convention 
in  2006  adopted  amendments  to  the  Protocol.  These  amendments  allow  and  regulate 
the  storage  of  CO2  streams  from  CO2  capture  processes  in  sub-seabed  geological 
formations. 

(10)  The  Contracting  Parties  to  the  OSPAR  Convention  in  2007  adopted  amendments  to 
the Annexes of the Convention to allow the storage of CO2 in geological formations 
under the seabed, a Decision to ensure environmentally safe storage of carbon dioxide 
streams  in  geological  formations,  and  OSPAR  Guidelines  for  Risk  Assessment  and 
Management  of  that  activity.  They  also  adopted  a  Decision  to  prohibit  placement  of 
CO2  into  the  water-column  of  the  sea  and  on  the  seabed,  because  of  the  potential 
negative effects.  

(11)  At  Community  level,  a  number  of  legislative  instruments  are  already  in  place  to 
manage some of the environmental risks of CCS, in particular regarding capture and 
transport of CO2, and should be used where possible. 

(12)  Council  Directive  96/61/EC  of  24  September  1996  concerning  integrated  pollution 
prevention  and  control11  for  certain  industrial  activities  is  suitable  for  regulating  the 
risks of CO2 capture and as a result, should be applied to the capture of CO2 streams 
for the purposes of geological storage from installations covered by that Directive. 

(13)  Council  Directive  85/337/EEC  of  27  June  1985  on  the  assessment  of  the  effects  of 
certain  public  and  private  projects  on  the  environment12  should  be  applied  to  the 
capture and transport of CO2 streams for the purposes of geological storage. It should 
also apply to storage sites pursuant to this Directive.  

(14)  This Directive should apply to the geological storage of CO2 within the territory of the 
Member States, their exclusive economic zones and on their continental shelves. The 
Directive  should  not  apply  to  research  projects.  It  should,  however,  apply  to 
demonstration projects with a total intended storage of 100 kilo tonnes or more. This 
threshold would also seem appropriate for the purposes of other relevant Community 
legislation.  The  storage  of  CO2  in  geological  formations  extending  beyond  the 
territorial scope of this Directive and the storage of CO2 in the  water column should 
not be permitted.  

11 

12 

OJ  L  257,  10.10.1996,  p.  26.  Directive  as  last  amended  by  Regulation  (EC)  No  166/2006  of  the 
European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1). 
OJ  L  175,  5.7.1985,  p.  40.  Directive  as  last  amended  by  Directive  2003/35/EC  of  the  European 
Parliament and of the Council (OJ L 156, 25.6.2003, p. 17). 

EN 

11 

   EN 

 
                                                 
(15)  Member States should retain the right to determine the areas within their territory from 
which  storage  sites  may  be  selected.  The  selection  of  the  appropriate  storage  site  is 
crucial  to  ensure  that  the  stored  CO2  will  be  completely  contained  for  the  indefinite 
future.  A  site  should  therefore  only  be  selected  as  a  storage  site,  if  there  is  no 
significant  risk  of  leakage,  and  if  in  any  case  no  significant  environmental  or  health 
impacts are likely to occur. This should be determined through a characterisation and 
assessment of a potential storage complex pursuant to specific requirements. 

(16)  Member States should determine in which cases exploration is required to generate the 
information necessary for the site selection. Such exploration should be made subject 
to  a  permit  requirement.  Member  States  should  ensure  that  the  procedures  for  the 
granting  of  exploration  permits  are  open  to  all  entities  possessing  the  necessary 
capacities and that the permits are granted on the basis of objective, published criteria. 
In order to protect and encourage exploration investments, exploration permits should 
be  granted  for  a  limited  volume  area  and  for  a  limited  time,  during  which  time  the 
holder  of  the  permit  should  have  the  sole  right  to  explore  the  potential  CO2  storage 
complex.  Member  States  should  ensure  that  no  conflicting  uses  of  the  complex  are 
permitted during this time.  

(17)  Storage  sites  should  not  be  operated  without  a  storage  permit.  The  storage  permit 
should  be  the  core  instrument  to  ensure  that  the  substantial  requirements  of  the 
Directive are met and that geological storage hence takes place in an environmentally 
safe way.  

(18)  All draft storage permits should be submitted to the Commission in order for it to be 
able  to  issue  an  opinion  on  the  draft  permits  within  six  months  of  their  submission. 
The  national  authorities  should  take  this  opinion  into  consideration  when  taking  a 
decision  on  the  permit  and  should  justify  any  departure  from  the  Commission's 
opinion.  The  review  at  Community  level  should  help  to  ensure  consistency  in 
implementation  of  the  requirements  of  the  Directive  across  the  Community  and  also 
enhance public confidence in CCS, especially in the early phase of the implementation 
of the Directive.  

(19)  The competent  authority  should review and where necessary update or withdraw the 
storage permit inter alia if it has been notified of significant irregularities or leakages, 
if  the  reports  submitted  by  the  operators  or  the  inspections  carried  out  show  non-
compliance  with  permit  conditions  or  if  it  is  made  aware  of  any  other  failure  by  the 
operator  to  meet  the  permit  conditions.  After  the  withdrawal  of  a  permit,  the 
competent authority should either issue a new permit or close the storage site. In the 
meantime, the competent authority should take over the responsibility for the storage 
site  including  all  ensuing  legal  obligations.  To  the  extent  possible,  costs  incurred 
should be recovered from the former operator. 

(20) 

It  is  necessary  to  impose  constraints  on  the  composition  of  the  CO2  stream  that  are 
consistent  with  the  primary  purpose  of  geological  storage,  which  is  to  isolate  CO2 
emissions from the atmosphere, and that are based on the risks that contamination may 
pose to the safety and security of the transport and storage network. To this end, the 
composition of the CO2 stream should be verified prior to injecting and storing it. 

EN 

12 

   EN 

 
(21)  Monitoring  is  essential  to  assess  whether  injected  CO2  is  behaving  as  expected, 
whether  any  migration  or  leakage  occurs,  and  whether  any  identified  leakage  is 
damaging the environment or human health. To that end, Member States should ensure 
that during the operational phase, the operator monitors the storage complex and the 
injection  facilities  on  the  basis  of  a  monitoring  plan  designed  pursuant  to  specific 
monitoring  requirements.  The  plan  should  be  submitted  to  and  approved  by  the 
competent authority. 

(22)  The  operator  should  report  inter  alia  the  results  of  the  monitoring  to  the  competent 
authority at least once a year. In addition, Member States should establish a system of 
inspections  to  ensure  that  the  storage  site  is  operated  in  compliance  with  the 
requirements of this Directive. 

(23)  Provisions  are  required  covering  liability  for  damage  to  the  local  environment  and 
climate  damage,  resulting  from  any  failure  of  permanent  containment.  Liability  for 
environmental  damage  (damage  to  protected  species  and  natural  habitats,  water  and 
land)  is  regulated  by  Directive  2004/35/EC  of  the  European  Parliament  and  of  the 
Council of 21 April 2004 on environmental liability with regard to the prevention and 
remedying  of  environmental  damage13,  which  should  be  applied  to  the  operation  of 
storage sites pursuant to the present Directive. Liability for climate damage as a result 
of leakages is covered by the inclusion of storage sites in Directive 2003/87/EC of the 
European Parliament and of the Council of 13 October 2003 establishing a scheme for 
greenhouse  gas  emission  allowance  trading  within  the  Community  and  amending 
Council  Directive  96/61/EC14,  which  requires  surrender  of  emissions  trading 
allowances  for  any  leaked  emissions.  In  addition,  this  Directive  should  establish  the 
obligation  on  the  operator  to  take  corrective  measures  in  case  of  significant 
irregularities or leakages on the basis of a corrective measures plan submitted to and 
approved  by  the  competent  national  authority.  Where  the  operator  fails  to  take  the 
necessary  corrective  measures,  these  measures  should  be  taken  by  the  competent 
authority, which should recover the costs from the operator. 

(24)  A  storage  site  should  be  closed  if  the  relevant  conditions  stated  in  the  permit  have 
been  met,  upon  request  from  the  operator  after  authorisation  of  the  competent 
authority,  or  if  the  competent  authority  decides  so  after  the  withdrawal  of  a  storage 
permit. 

(25)  After  a  storage  site  has  been  closed,  the  operator  should  remain  responsible  for 
maintenance,  monitoring  and  control,  reporting,  and  corrective  measures  pursuant  to 
the requirements of this Directive on the basis of a post-closure plan submitted to and 
approved by the competent authority as well as for all ensuing obligations under other 
relevant  Community  legislation  until  the  responsibility  for  the  storage  site  is 
transferred to the competent authority.  

13 
14 

OJ L 143, 30.4.2004, p. 56.  
OJ  L  275,  25.10.2003,  p.  32.  Directive  as  amended  by  Directive  2004/101/EC  of  the  European 
Parliament and of the Council (OJ L 338, 13.11.2004, p. 18). 

EN 

13 

   EN 

 
                                                 
(26)  The responsibility for the storage site, including all ensuing legal obligations, should 
be transferred to the competent authority, if and when all available evidence indicates 
that the stored CO2 will be completely contained for the indefinite future. To this end, 
the operator should prepare a report documenting that the criterion has been fulfilled 
and submit it to the competent authority for approval of the transfer. All draft approval 
decisions should be submitted to the Commission in order for it to be able to issue an 
opinion  on  the  draft  approval  decisions  within  six  months  of  their  submission.  The 
national authorities should take this opinion into consideration when taking a decision 
on the approval and should justify any departure from the Commission’s opinion. As 
the review of draft storage permits at Community level, the review of draft approval 
decisions should help to ensure consistency in implementation of the requirements of 
the  Directive  across  the  Community  and  also  enhance  public  confidence  in  CCS, 
especially in the early phase of the implementation of the Directive. 

(27)  After the transfer of responsibility, monitoring should be allowed to cease, but should 
be re-activated, if leakages or significant irregularities are identified. There should be 
no  recovery  of  costs  incurred  by  the  competent  authority  from  the  former  operator 
after the transfer of responsibility.  

(28)  Financial provision should be made provided in order to raise confidence that closure 
and  post-closure  obligations,  obligations  arising  from  inclusion  under  Directive 
2003/87/EC, and obligations under this Directive to take corrective measures in case 
of significant irregularities or leakages, can be met. Member States should ensure that 
financial provisions, by way of financial security or any other equivalent, are made by 
the applicant prior to the submission of the permit application.  

(29)  Access to CO2 transport networks and storage sites could become a condition for entry 
into or competitive operation within the internal electricity and heat market, depending 
on  the  relative  prices  of  carbon  and  CCS.  It  is  therefore  appropriate  to  make 
arrangements  for  potential  users  to  obtain  such  access.  This  should  be  done  in  a 
manner  to  be  determined  by  each  Member  State,  applying  the  objectives  of  fair  and 
open access and taking into account inter alia the transport and storage capacity which 
is available or can reasonably be made available as well as the proportion of its CO2 
reduction  obligations  pursuant  to  international  legal  instruments  and  to  Community 
legislation  intended  to  meet  through  CO2  capture  and  geological  storage.  Member 
States  should  also  establish  dispute  settlement  mechanisms  to  enable  expeditious 
settlement of disputes regarding access to CO2 transport networks and storage sites.  

(30)  Provisions  are  required  to  ensure  that  in  cases  of  transboundary  CO2  transport, 
transboundary  storage  sites  or  transboundary  storage  complexes,  the  competent 
authorities  of  the  Member  States  concerned  shall  meet  the  requirements  of  this 
Directive and of all other Community legislation jointly. 

(31)  The competent authority should establish and maintain a register of all closed storage 
sites and surrounding storage complexes, including maps of their spatial extent to be 
taken into consideration by the competent national authorities in relevant planning and 
permitting procedures. The register should also be reported to the Commission. 

EN 

14 

   EN 

 
(32)  Member  States should submit  reports on the implementation of this Directive on the 
basis  of  questionnaires  drawn  up  by  the  Commission  pursuant  to  Council  Directive 
91/692/EEC  of  23  December  1991  standardizing  and  rationalizing  reports  on  the 
implementation of certain Directives relating to the environment15. 

(33)  Member States should lay down rules on penalties applicable to infringements of the 
national  provisions  adopted  pursuant  to  this  Directive.  Those  penalties  should  be 
effective, proportionate and dissuasive. 

(34)  The  Community  measures  necessary  for  the  implementation  of  this  Directive  should 
be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying 
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission16. 

(35)  Directive  85/337/EEC  should  be  amended  to  cover  capture  and  transport  of  CO2 
streams for the purposes of geological storage as well as storage sites pursuant to this 
Directive. Directive 96/61/EC should be amended to cover capture of CO2 streams for 
the  purposes  of  geological  storage  from  installations  covered  by  that  Directive. 
Directive  2004/35/EC  should  be  amended  to  cover  the  operation  of  storage  sites 
pursuant to this Directive.  

(36)  The  adoption  of  this  Directive  should  ensure  a  high  level  of  protection  of  the 
environment and human health from the risks posed by the geological storage of CO2. 
For this reason, Directive 2006/12/EC of the European Parliament and of the Council 
of  5  April  2006  on  waste17  and  Regulation  of  the  European  Parliament  and  of  the 
Council  of  14  June  2006  (EC)  No  1013/2006  on  shipments  of  waste18  should  be 
amended so as to exclude CO2 captured and transported for the purposes of geological 
storage  from  the  scope  of  application  of  those  instruments.  Directive  2000/60/EC  of 
the  European  Parliament  and  of  the  Council  of  23  October  2000  establishing  a 
framework  for  Community  action  in  the  field  of  water  policy19  should  also  be 
amended to allow for injection of CO2 in saline aquifers for the purposes of geological 
storage. 

15 

16 

17 
18 

19 

OJ L 377, 31.12.1991, p. 48. Directive as amended by Regulation (EC) No 1882/2003 of the European 
Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 
OJ L 114, 27.4.2006, p. 9. 
OJ L 190, 12.7.2006, p. 1. Regulation as amended by Commission Regulation (EC) No 1379/2007 (OJ 
L 309, 27.11.2007, p. 7). 
OJ  L  327,  22.12.2000,  p.  1.  Directive  as  amended  by  Decision  No  2455/2001/EC  (OJ  L  331, 
15.12.2001, p. 1). 

EN 

15 

   EN 

 
                                                 
(37)  The transition to low-carbon power generation requires that new investments in fossil 
fuel power generation are made in such a way as to facilitate substantial reductions in 
emissions. To this end, Directive 2001/80/EC of the European Parliament and of the 
Council  of  23  October  2001  on  the  limitation  of  emissions  of  certain  pollutants  into 
the  air  from  large  combustion  plants20  should  be  amended  to  require  that  all 
combustion plants, for which the original construction license or the original operating 
licence is granted after the entry into force of this Directive, have suitable space on the 
installation site for the equipment necessary to capture and compress CO2 and that the 
availability  of  suitable  storage  sites  and  transport  networks,  as  well  as  the  technical 
feasibility of retrofitting for CO2 capture, have been assessed.  

(38)  Since the objective of the proposed action, the establishment of a legal framework in 
order to regulate the environmental risks of CCS, cannot be sufficiently achieved by 
the Member States acting individually, and can therefore, by reason of the scale and 
effects of the present action, be better achieved at Community level, the Community 
may  adopt  measures  in  accordance  with  the  principle  of  subsidiarity  as  set  out  in 
Article 5 of the Treaty. In accordance with the principle of proportionality, as set out 
in that Article, this Directive does not go beyond what is necessary in order to achieve 
those objectives. 

(39)  The application of this Directive is without prejudice to Articles 87 and 88 EC 

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER 1 
Subject-matter, scope and definitions 

Article 1 
Subject matter and purpose 

This  Directive  establishes  a  legal  framework  for  the  geological  storage  of  carbon 

1. 
dioxide (hereinafter "CO2"). 

2. 
The purpose of geological storage is permanent containment of CO2 in such a way as 
to prevent or reduce as far as possible negative effects on the environment and any resulting 
risk to human health. 

Article 2 
Scope and prohibition 

This  Directive  shall  apply  to  the  geological  storage  of  CO2  on  the  territory  of  the 
1. 
Member  States,  their  exclusive  economic  zones  and  on  their  continental  shelves  within  the 
meaning of the United Nations Convention on the Law of the Seas (UNCLOS).  

20 

OJ L 309, 27.11.2001, p. 1. Directive as last amended by Council Directive 2006/105/EC (OJ L 363, 
20.12.2006, p. 368). 

EN 

16 

   EN 

 
                                                 
This  Directive  shall  not  apply  to  geological  storage  of  CO2  undertaken  for  research, 

2. 
development or testing of new products and processes.  

The storage of CO2 in geological formations extending beyond the area referred to in 

3. 
paragraph 1 shall not be permitted.  

4. 

The storage of CO2 in the water column shall not be permitted. 

Article 3 
Definitions 

For the purposes of this Directive the following definitions apply:  

'geological  storage  of  CO2'  means  injection  into  and  storage  of  CO2  streams  in 

(1) 
underground geological formations; 

'water column' means the vertically continuous mass of water from the surface to the 

(2) 
bottom sediments of a water body; 

'storage site' means a specific geological formation used for the geological storage of 

(3) 
CO2; 

'geological  formation'  means  a  lithostratigraphical  subdivision within  which  distinct 

(4) 
rock layers can be found and mapped;  

(5) 

'leakage' means any release of CO2 from the storage complex; 

'storage  complex'  means  the  storage  site  and  surrounding  geological  domains  which 
(6) 
can  have  an  effect  on  overall  storage  integrity  and  security  (i.e.,  secondary  containment 
formations); 

(7) 
'exploration'  means  assessing  potential  storage  complexes  by  means  of  a  specific 
procedure including activities such as carrying out geological surveys by physical or chemical 
means  and  drilling  to  obtain  geological  information  about  strata  in  the  potential  storage 
complex; 

'exploration  permit'  means  a  written  and  reasoned  decision  authorising  exploration 

(8) 
issued by the competent authority pursuant to the requirements of this Directive; 

(9) 
'operator' means any natural or legal, private or public person who operates or controls 
the  storage  site  or  to  whom  decisive  economic  power  over  the  technical  functioning  of  the 
storage  site  has  been  delegated  according  to  national  legislation;  This  person  may  change 
from the storage preparations to the post-closure phase; 

(10) 
'storage  permit'  means  a  written  and  reasoned  decision  authorising  the  geological 
storage  of  CO2  in  a  storage  site,  issued  by  the  competent  authority  pursuant  to  the 
requirements of this Directive; 

'substantial  change'  means  a  change  which  may  have  significant  effects  on  the 

(11) 
environment; 

EN 

17 

   EN 

 
'CO2  stream'  means  a  flow  of  substances  that  results  from  carbon  dioxide  capture 

(12) 
processes; 

'waste' means the substances defined as waste in point (a) of Article 1(1) of Directive 

(13) 
2006/12/EC;  

(14) 

'CO2 plume' means the dispersing volume of CO2 in the geological formation; 

(15) 

'migration' means the movement of CO2 within the storage complex;  

'significant irregularity' means any irregularity in the injection or storage operations or 

(16) 
in the condition of the site itself, which implies the risk of a leakage; 

(17) 
'corrective measures' means any measures taken to correct significant irregularities or 
to  close  leakages  in  order  to  prevent  or  minimise  the  release  of  CO2  from  the  storage 
complex; 

'closure' of a CO2 storage site means the definite cessation of CO2 injection into that 

(18) 
storage site; 

'post-closure' means the period after the closure of a storage site, including the period 

(19) 
after the transfer of responsibility to the competent authority; 

'transport  network'  means  the  network  of  pipelines,  including  associated  booster 

(20) 
stations, for the transport of CO2 to the storage site. 

CHAPTER 2 
Site selection and exploration permits 

Article 4 
Selection of storage sites 

Member States retain the right to determine the areas from which storage sites may be 

1. 
selected pursuant to the requirements of this Directive.  

2. 
A geological formation shall only be selected as a storage site, if under the proposed 
conditions  of  use  there  is  no  significant  risk  of  leakage,  and  if  no  significant  negative 
environmental or health impacts are likely to occur.  

3. 
The suitability of a geological formation for use as a storage site shall be determined 
through a characterisation and assessment of the potential storage complex and surrounding 
area pursuant to the criteria specified in Annex I. 

Article 5 
Exploration permits 

1. 
Where  Member  States  determine  that  exploration  is  required  to  generate  the 
information  necessary  for  the  site  selection  pursuant  to  Article  4,  they  shall  ensure  that  no 
such exploration takes place without an exploration permit. 

EN 

18 

   EN 

 
2. 
Member States shall ensure that the procedures for the granting of exploration permits 
are open to all entities possessing the necessary capacities and that the permits are granted on 
the basis of objective, published criteria. 

Exploration permits shall be granted for a limited volume area and for a maximum of 

3. 
two years, renewable once for a maximum of two years.  

4. 
The holder of an exploration permit shall have the sole right to explore the potential 
CO2 storage complex. Member States shall ensure that no conflicting uses of the complex are 
permitted during the period of validity of the permit. 

CHAPTER 3 
Storage permits 

Article 6 
 Storage permits 

1. 

Member States shall ensure that no storage site is operated without a storage permit. 

2. 
Member States shall ensure that the procedures for the granting of storage permits are 
open to all entities possessing the necessary capacities and that the permits are granted on the 
basis of objective, published criteria. 

Article 7 
Applications for storage permits 

Applications  to  the  competent  authority  for  storage  permits  shall  include  the  following 
information:  

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

name and address of the applicant and, if different, of the potential operator; 

proof of the technical competence of the applicant or the potential operator; 

the  characterisation  of  the  storage  site  and  complex  and  an  assessment  of  the 
expected security of the storage pursuant to Article 4(2) and (3); 

the total quantity of CO2 to be injected and stored as well as the prospective sources, 
composition of CO2 streams and injection rates; 

a proposed monitoring plan pursuant to Article 13(2); 

a proposed corrective measures plan pursuant to Article 16(2); 

a proposed provisional post-closure plan pursuant to Article 17(3); 

the information provided pursuant to Article 5 of Directive 85/337/EEC; 

proof of the financial security or other equivalent provision as required under Article 
19. 

EN 

19 

   EN 

 
Article 8 
Conditions for storage permits 

The competent authority shall only issue a storage permit if the following conditions are met: 

(1) 

the competent authority is satisfied that: 

(a) 

all relevant requirements of this Directive are met;  

(b) 

the management of the storage site will be in the hands of a natural person who 
is  technically  competent  and  reliable  to  manage  the  site;  professional  and 
technical development and training of this person and all staff are provided;  

the Commission has issued its opinion on the draft permit pursuant to Article 10(1);  

the competent authority has considered this opinion pursuant to Article 10(2). 

(2) 

(3) 

Article 9 
Contents of storage permits 

The permit shall contain the following: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

name and address of the operator; 

precise location and delimitation of the storage site and storage complex; 

the total quantity of CO2 authorised to be geologically stored and maximum injection 
rates; 

requirements  for  the  composition  of  the  CO2  stream  and  the  CO2  acceptance 
procedure pursuant to Article 12, and, if necessary, further requirements for injection 
and storage; 

the approved monitoring plan, the obligation to implement the plan and requirements 
for updating it pursuant to Article 13 as well as reporting requirements pursuant to 
Article 14; 

the requirement to notify the competent authority in case of significant irregularities 
or leakages, the approved corrective measures plan and the obligation to implement 
the corrective measures plan in case of significant irregularities or leakages pursuant 
to Article 16; 

conditions  for  closure  and  the  approved  provisional  post-closure  plan  pursuant  to 
Article 17; 

provisions  on  changes,  review,  updating  and  withdrawal  of  the  storage  permit 
pursuant to Article 11; 

the requirement to maintain the financial security or any other equivalent pursuant to 
Article 19. 

EN 

20 

   EN 

 
 
Article 10 
Commission review of draft storage permits 

1. 
Member  States  shall  inform  the  Commission  of  all  draft  storage  permits,  the  permit 
applications and any other material taken into consideration by the competent authority when 
adopting  its  draft  decision.  Within  six  months  of  their  submission  to  the  Commission,  the 
Commission may issue an opinion on the draft permits.  

The competent authority shall notify the final decision to the Commission, stating the 

2. 
reasons if it deviates from the Commission opinion. 

Article 11 
Changes, review, update and withdrawal of storage permits 

1. 
The  operator  shall  inform  the  competent  authority  of  any  changes  planned  in  the 
operation  of  the  storage  site.  Where  appropriate,  the  competent  authority  shall  update  the 
storage permit or the permit conditions. 

Member States shall ensure that no substantial change is implemented without a new 

2. 
storage permit issued in accordance with this Directive. 

The  competent  authority  shall  review  and  where  necessary  update  or  withdraw  the 

3. 
storage permit: 

(a) 

(b) 

(c) 

(d) 

if  it  has  been  notified  of  significant  irregularities  or  leakages  pursuant  to  Article 
16(1); 

if  the  reports  submitted  pursuant  to  Article  14  or  the  environmental  inspections 
carried  out  pursuant  to  Article  15  show  non-compliance  with  permit  conditions  or 
risks of significant irregularities or leakages; 

if it is aware of any other failure by the operator to meet the permit conditions;  

without prejudice to points (a) to (c), every five years. 

4. 
After  a  permit  has been  withdrawn pursuant  to paragraph 3, the  competent authority 
shall either issue a new storage permit or close the storage site pursuant to point (c) of Article 
17(1). Until a new storage permit has been issued, the competent authority shall take over the 
responsibility  for  the  storage  site,  including  all  ensuing  legal  obligations.  To  the  extent 
possible, the competent authority shall recover any costs incurred from the former operator.  

EN 

21 

   EN 

 
CHAPTER 4 
Operation, closure and post-closure obligations  

Article 12 
CO2 stream acceptance criteria and procedure 

A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste 
1. 
and  other  matter  may  be  added  for  the  purpose  of  disposing  of  that  waste  or  other  matter. 
However, a CO2 stream may contain incidental associated substances from the source, capture 
or  injection  process.  Concentrations  of  those  substances  shall  be  below  levels  that  would 
adversely affect the integrity of the storage site and relevant transport infrastructure and pose 
a  significant  risk  to  the  environment  or  breach  the  requirements  of  applicable  Community 
legislation. 

2. 

(a) 

(b) 

Member States shall ensure that when injecting and storing a CO2 stream: 

before or at the time of delivery, or of the first in a series of deliveries, the operator 
can  show,  by  means  of  the  appropriate  documentation,  that  the  CO2  stream  in 
question can be accepted at the site according to the conditions laid out in the permit, 
and that it fulfils the composition criteria set out in paragraph 1; 

the operator keeps a register of the quantities and characteristics of the CO2 streams 
delivered,  indicating  origin,  composition  and  the  identity  of  the  producers  and 
transporters of the CO2 streams.  

Article 13 
Monitoring  

1. 
Member  States  shall  ensure  that  the  operator  carries  out  monitoring  of  the  injection 
facilities,  the  storage  complex  (including  where  possible  the  CO2  plume),  and  where 
appropriate the surrounding environment for the purpose of: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

comparison between the actual and modelled behaviour of CO2 in the storage site; 

detecting migration of CO2; 

detecting leakage of CO2; 

detecting  significant  adverse  effects  for  the  surrounding  environment,  human 
populations, or users of the surrounding biosphere; 

assessing the effectiveness of any corrective measures taken pursuant to Article 16; 

assessing  whether  the  stored  CO2  will  be  completely  contained  for  the  indefinite 
future. 

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The monitoring shall be based on a monitoring plan designed by the operator pursuant 
2. 
to  the  requirements  laid  out  in  Annex  II,  submitted  to  and  approved  by  the  competent 
authority  pursuant  to  Articles  7(5)  and  9(5).  The  plan  shall  be  updated  pursuant  to  the 
requirements  laid  down  in  Annex  II  and  in  any  case  every  five  years  to  take  account  of 
technical  developments.  Updated  plans  shall  be  re-submitted  for  approval  to  the  competent 
authority. 

Article 14 
Reporting  

At a frequency to be determined by the competent authority, and in any event at least once a 
year, the operator shall submit to the competent authority:  

(1) 

(2) 

(3) 

(4) 

all results of the monitoring pursuant to Article 13 in the reporting period; 

the  quantities  and  characteristics  of  the  CO2  streams  delivered  in  the  reporting 
period,  indicating  origin,  composition  and  the  identity  of  the  producers  and 
transporters of the CO2 streams registered pursuant to point (b) of Article 12(2); 

proof of the maintenance of the financial security pursuant to Articles 19 and 9(9); 

any other information the competent authority considers relevant for the purposes of 
assessing  compliance  with  permit  conditions  and  increasing  the  knowledge  of  CO2 
behaviour in the storage site. 

Article 15 
Inspections  

1. 
Member States shall ensure that the competent authorities organise a system of routine 
and  non-routine  inspections  of  all  storage  sites  within  the  scope  of  this  Directive  for  the 
purposes of checking and promoting compliance with the requirements of the Directive and of 
monitoring the effects on the environment.  

2. 
Inspections may include activities such as visits of the storage complex, including the 
injection  facilities,  assessing  the  injection  and  monitoring  operations  carried  out  by  the 
operator, and checking all relevant records of the storage site kept by the operator. 

3. 
Routine  inspections  shall  be  carried  out  at  least  every  year.  They  shall  examine  the 
relevant injection and monitoring facilities as well as the full range of relevant environmental 
effects from the storage complex.  

4. 

(a) 

(b) 

Non-routine inspections shall be carried out: 

if  the  competent  authority  has  been  notified  of  leakages  or  significant irregularities 
pursuant to Article 16(1); 

if  the  reports  pursuant  to  Article  14  have  shown  insufficient  compliance  with  the 
permit conditions;  

(c) 

to investigate serious environmental complaints; 

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(d) 

in other situations where the competent authority considers this appropriate. 

5. 
Following  each  inspection,  the  competent  authority  shall  prepare  a  report  on  the 
results  of  the  inspection.  The  report  shall  evaluate  compliance  with  the  requirements  of  the 
Directive  and  indicate  whether  or  not  further  action  is  necessary.  The  report  shall  be 
communicated to the operator concerned and shall be publicly available within two months of 
the inspection. 

Article 16 
Measures in case of significant irregularities or leakages 

Member  States  shall  ensure  that  in  case  of  significant  irregularities  or  leakages,  the 
1. 
operator  immediately  notifies  the  competent  authority  and  takes  the  necessary  corrective 
measures. 

The  corrective  measures  referred  to  in  paragraph  1  shall  be  taken  on  the  basis  of  a 
2. 
corrective  measures  plan  submitted  to  and  approved  by  the  competent  authority  pursuant  to 
Articles 7(6) and 9(6); 

The  competent  authority  may  at  any  time  request  the  operator  to  take  additional  or 
3. 
different corrective measures than those laid out in the corrective measures plan. It may also 
at any time take corrective measures itself and shall then recover the costs from the operator. 

If the operator fails to take the necessary corrective measures, the competent authority 

4. 
shall take the necessary corrective measures itself and recover the costs from the operator. 

Article 17 
Closure and post-closure obligations  

1. 

A storage site or part of it shall be closed: 

(a) 

(b) 

(c) 

if the relevant conditions stated in the permit have been met; 

at the request of the operator, after authorisation of the competent authority; 

if  the  competent  authority  so  decides  after  the  withdrawal  of  a  storage  permit 
pursuant to Article 11(3). 

2. 
After  a  storage  site  has  been  closed  pursuant  to  paragraph  1  points  (a)  or  (b),  the 
operator  remains responsible for maintenance, monitoring, control, reporting, and corrective 
measures pursuant to the requirements laid down in this Directive, as well as for all ensuing 
obligations under other relevant provisions of Community legislation, until the responsibility 
for the storage site is transferred to the competent authority pursuant to Article 18(1) to (4). 
The operator shall also be responsible for sealing the storage site and removing the injection 
facilities.  

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The  obligations  referred  to  in  paragraph  2  shall  be  fulfilled  on  the  basis  of  a  post-
3. 
closure  plan  designed  by  the  operator  based  on  best  practice  and  in  accordance  with  the 
requirements laid down in Annex II 2. A provisional post-closure plan shall be submitted to 
and  approved  by  the  competent  authority  pursuant  to  Articles  7(7)  and  9(7).  Prior  to  the 
closure  of  a  storage  site  pursuant  to  points  (a)  or  (b)  of  paragraph  1,  the  provisional  post-
closure plan shall be: 

(a) 

(b) 

(c) 

updated as necessary, in particular in view of best practice; 

submitted to the competent authority; and  

approved by the competent authority as the definite post-closure plan. 

4. 
After a storage site has been closed pursuant to paragraph 1 point (c), the competent 
authority  shall  remain  responsible  for  maintenance,  monitoring,  control,  and  corrective 
measures pursuant to the requirements laid down in this Directive as well as for all ensuing 
obligations  under  other  relevant  provisions  of  Community  legislation.  The  post-closure 
requirements pursuant to this Directive shall be fulfilled on the basis of the provisional post-
closure plan submitted to and approved by the competent authority pursuant to Articles 7(7) 
and 9(7), which shall be updated as necessary. 

Article 18 
Transfer of responsibility 

1. 
Where a storage site has been closed pursuant to points (a) or (b) of Article 17(1), the 
responsibility for the closed site, including all ensuing legal obligations, shall be transferred to 
the competent authority on its own initiative or upon request from the operator, if and when 
all  available  evidence  indicates  that  the  stored  CO2  will  be  completely  contained  for  the 
indefinite  future.  To  this  end,  the  operator  shall  prepare  a  report  documenting  that  this 
criterion has been met and submit it to the competent authority for the latter to approve the 
transfer of responsibility. 

2. 
Member  States  shall  inform  the  Commission  of  all  draft  decisions  of  approval 
prepared by the competent authority pursuant to paragraph 1, including the reports submitted 
by  the  operator  and  any  other  material  taken  into  consideration  by  the  competent  authority 
when arriving at its conclusion. Within six months of their submission to the Commission, the 
Commission may issue an opinion on the draft decisions of approval.  

The competent authority shall notify the final decision to the Commission, stating the 

3. 
reasons if it deviates from the Commission opinion. 

4. 
Together  with  the  decision  of  approval  referred  to  in  paragraph  3,  the  competent 
authority may communicate updated requirements for the sealing of the storage site and the 
removal  of  the  injection  facilities  pursuant  to  Article  17(2)  and  (3)  to  the  operator.  The 
transfer  of  responsibility  shall  take  place  after  the  site  has  been  sealed  and  the  injection 
facilities have been removed. 

5. 
After  the  transfer  of  responsibility  pursuant  to  paragraphs  1  to  4,  monitoring  may 
cease. However, if any leakages or significant irregularities are identified, monitoring shall be 

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reactivated as required to assess the scale of the problem and the effectiveness of corrective 
measures.  

There shall be no recovery of costs incurred from the former operator after the transfer 

6. 
of responsibility to the competent authority pursuant to paragraphs 1 to 4. 

7. 
Where a storage site has been closed pursuant to point (c) of Article 17(1), transfer of 
responsibility shall be deemed to take place if and when all available evidence indicates that 
the  stored  CO2  will  be  completely  contained  for  the  indefinite  future,  and  after  the  site  has 
been sealed and the injection facilities have been removed. 

Article 19 
Financial security 

1. 
Member States shall ensure that adequate provisions, by way of financial security or 
any other equivalent, on the basis of modalities to be decided by the Member States, are made 
by the applicant prior to the submission of the application for a storage permit to ensure that 
all  obligations  arising  under  the  permit  issued  pursuant  to  this  Directive,  including  closure 
procedures  and  post-closure  provisions,  as  well  as  any  obligations  arising  from  inclusion 
under Directive 2003/87/EC can be met.  

2. 

(a) 

The financial security or any other equivalent referred to in paragraph 1 shall be kept: 

after a storage site has been closed pursuant to Article 17 paragraph 1 points (a) or 
(b),  until  the  responsibility  for  the  storage  site  is  transferred  to  the  competent 
authority pursuant to Article 18(1) to (4); 

(b) 

after the withdrawal of a storage permit pursuant to Article 11(3):  

(i) 

until a new storage permit has been issued; 

(ii)  where the site is closed pursuant to Article 17 paragraph 1 point (c), until the 
transfer of responsibility is deemed to take place pursuant to Article 18(7). 

CHAPTER 5 
Third-party access  

Article 20 
Access to transport network and storage sites 

1. 
Member States shall take the necessary measures to ensure that potential users are able 
to obtain access to CO2 transport networks and to storage sites for the purposes of geological 
storage of the produced and captured CO2, in accordance with paragraphs 2 to 4. 

2. 
The access referred to in paragraph 1 shall be provided in a manner determined by the 
Member State. The Member  State  shall apply the  objectives  of  fair  and  open  access,  taking 
into account: 

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(a) 

(b) 

(c) 

(d) 

(e) 

the  storage  capacity  which  is  or  can  reasonably  be  made  available  within  the  areas 
determined under Article 4, and the transport capacity which is or can reasonably be 
made available;  

the  proportion  of  its  CO2  reduction  obligations  pursuant  to  international  legal 
instruments  and  to  Community  legislation  that  it  intends  to  meet  through  CO2 
capture and geological storage,  

the need to refuse access where there is an incompatibility of technical specifications 
which cannot be reasonably overcome; 

the need to respect the duly substantiated reasonable needs of the owner or operator 
of the storage site or of the CO2 transport network and the interests of all other users 
of the storage or the network or relevant processing or handling facilities who may 
be affected; and;  

the  need  to  apply  the  relevant  national  laws  and  administrative  procedures,  in 
conformity  with  Community  law,  for  the  grant  of  authorisation  for  production  or 
upstream development.  

CO2  transport  network  operators  and  operators  of  storage  sites  may  refuse  access  on 

3. 
the basis of lack of capacity. Duly substantiated reasons shall be given for any refusal.  

Member  States  shall  take  the  measures  necessary  to  ensure  that  the  undertaking 
4. 
refusing access on the basis of lack of capacity or a lack of connection makes the necessary 
enhancements as far as it is economic to do so or when a potential customer is willing to pay 
for  them,  provided  this  would  not  negatively  impact  on  the  environmental  security  of  CO2 
transport and geological storage. 

Article 21 
Dispute settlement 

1. 
Member  States  shall  ensure  that  they  have  in  place  dispute  settlement  arrangements, 
including  an  authority  independent  of  the  parties  with  access  to  all  relevant  information,  to 
enable disputes relating to access to CO2 transport networks and to storage sites to be settled 
expeditiously, taking into account the criteria referred to in Article 20(2) and the number of 
parties which may be involved in negotiating such access. 

2. 
In  the  event  of  cross  border  disputes,  the  dispute  settlement  arrangements  of  the 
Member State having jurisdiction over the CO2 transport network or the storage site to which 
access  has  been  refused  shall  be  applied.  Where,  in  cross  border  disputes,  more  than  one 
Member State covers the CO2 transport network or storage site concerned, the Member States 
concerned  shall  consult  with  a  view  to  ensuring  that  the  provisions  of  this  Directive  are 
applied consistently.  

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CHAPTER 6 
General provisions 

Article 22 
Competent authority 

Member States shall establish or designate the competent authority or authorities responsible 
for  fulfilling  the  duties  established  under  this  Directive.  Where  more  than  one  competent 
authority  is  designated,  the  work  of  these  authorities  undertaken  pursuant  to  this  Directive 
shall be co-ordinated. 

Article 23 
Transboundary co-operation 

In  cases  of  transboundary  transport  of  CO2,  transboundary  storage  sites  or  transboundary 
storage complexes, the competent authorities of the Member States concerned shall meet the 
requirements of this Directive and of other relevant Community legislation jointly. 

Article 24 
Register of closed storage sites 

The  competent  authority  shall  establish  and  maintain  a  register  of  all  closed  storage 

1. 
sites and surrounding storage complexes, including maps of their spatial extent.  

2. 
The register shall be taken into consideration by the competent national authorities in 
relevant planning procedures and when permitting any activity that could affect or be affected 
by the geological storage of CO2 in the closed storage sites.  

The  register  shall  be  reported  to  the  Commission  after  it  has  been  established  and 

3. 
whenever it is updated. 

Article 25 
Reporting by Member States 

1. 
Every three years the Member States shall submit to the Commission a report on the 
application  of  this  Directive.  The  first  report  shall  be  sent  to  the  Commission  by 
30 June 2011. The report shall be drawn up on the basis of a questionnaire or outline drafted 
by  the  Commission  in  accordance  with  the  procedure  laid  down  in  Article  6  of  Directive 
91/692/EEC. The questionnaire or outline shall be sent to Member States at least six months 
before the deadline for the submission of the report. 

On the basis of the reports referred to in paragraph 1, the Commission shall publish a 

2. 
report on the application of this Directive. 

The  Commission  shall  organise  an  exchange  of  information  between  the  competent 

3. 
authorities of the Member States concerning the application of this Directive. 

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Article 26 
Penalties 

The Member  States  shall  lay  down  the rules on penalties  applicable to  infringements  of the 
national provisions adopted pursuant to this Directive and shall take all measures necessary to 
ensure that they are implemented. The penalties provided for must be effective, proportionate 
and  dissuasive.  The  Member  States  shall  notify  those  provisions  to  the  Commission  by  the 
date  specified  in  Article  36  at  the  latest  and  shall  notify  it  without  delay  of  any  subsequent 
amendment affecting them. 

Article 27 
Amendments of Annexes 

The Commission may amend the annexes. Those measures, designed to amend non-essential 
elements of this Directive, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 28(2). 

Article 28 
Committee 

1. 

The Commission shall be assisted by the Climate Change Committee. 

Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  Article  7  of 

2. 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

CHAPTER 7 
Amendments 

Article 29 
Amendment of Directive 85/337/EEC 

Directive 85/337/EEC is amended as follows: 

(1) 

Annex I is amended as follows: 

(a)  Point 16 is replaced by the following: 

"16. Pipelines for the transport of gas, oil, chemicals and pipelines for the transport 
of carbon dioxide streams for the purposes of geological storage with a diameter of 
more  than  800  mm  and  a  length  of  more  than  40  km,  including  associated  booster 
stations." 

(b)  The following points 23 and 24 are added: 

"23. Storage sites pursuant to Directive XX/XX/EC of the European Parliament and 
of the Council.(*) 

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24. Installations for the capture of CO2 streams for the purposes of geological storage 
pursuant to Directive XX/XX/EC of the European Parliament and of the Council(*) 
from installations covered by this Annex, or where the total yearly capture of CO2 is 
1.5 mega tonnes and more. 

________ 

(*) OJ L…, …, p. .." 

(2) 

In Annex II, the following point (j) is added to point 3:  

"(j) Installations for the capture of CO2 streams for the purposes of geological storage 
pursuant to Directive XX/XX/EC of the European Parliament and of the Council(*) 
from installations not covered by Annex I of this Directive. 

________ 

(*) OJ L…, …, p. .." 

Article 30 
Amendment of Directive 96/61/EC 

In Annex I to Directive 96/61/EC, the following point 6.9 is added: 

"6.9 Capture of CO2 streams from installations covered by this Directive for the purposes of 
geological  storage  pursuant  to  Directive  XX/XX/EC  of  the  European  Parliament  and  of  the 
Council.(*) 

________ 

(*) OJ L…, …, p. .." 

Article 31 
Amendment of Directive 2000/60/EC 

In point (j) of Article 11(3) of Directive 2000/60/EC, the following indent is inserted after the 
third indent:  

“- injection of carbon dioxide streams for storage purposes into geological formations which 
for natural reasons are permanently unsuitable for other purposes, provided that such injection 
is authorised under Directive XX/XX/EC of the European Parliament and of the Council.(*); 

________ 

(*) OJ L…, …, p. .." 

Article 32 
Amendment of Directive 2001/80/EC 

In Directive 2001/80/EC, the following Article 9a is inserted: 

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"Article 9a 

Member  States  shall  ensure  that  all  combustion  plants  with  a  capacity  of  300  megawatts  or 
more  for which  the  original construction license or,  in  the absence of such  a  procedure,  the 
original operating licence is granted after the entry into force of Directive XX/XX/EC of the 
European Parliament and of the Council.(*), have suitable space on the installation site for the 
equipment necessary to capture and compress CO2 and that the availability of suitable storage 
sites  and  suitable  transport  facilities,  and  the  technical  feasibility  of  retrofitting  for  CO2 
capture have been assessed.  

________ 

(*) OJ L…, …, p. .." 

Article 33 
Amendment of Directive 2004/35/EC 

In Annex III to Directive 2004/35/EC, the following paragraph 14 is added: 

"14.  The  operation  of  storage  sites  pursuant  to  Directive  XX/XX/EC  of  the  European 
Parliament and of the Council.(*); 

________ 

(*) OJ L…, …, p. .." 

Article 34 
Amendment of Directive 2006/12/EC 

Point (a) of Article 2(1) of Directive 2006/12/EC is replaced by the following: 

"(a)  gaseous  effluents  emitted  into  the  atmosphere  and  carbon  dioxide  captured  and 
transported for the purposes of geological storage and geologically stored in accordance with 
the provisions of Directive XX/XX/EC of the European Parliament and of the Council(*); 

________ 

(*) OJ L…, …, p. .." 

Article 35 
Amendment of Regulation (EC) No 1013/2006 

In Article 1(3) of Regulation (EC) No 1013/2006, the following point (h) is added: 

"(h)  shipments  of  CO2  for  the  purposes  of  geological  storage  in  accordance  with  the 
provisions of Directive XX/XX/EC of the European Parliament and of the Council.(*); 

________ 

(*) OJ L…, …, p. .." 

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CHAPTER 8 
Final provisions 

Article 36 
 Transposition 

1. 
Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [1 year after publication] at the latest. 
They  shall  forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive. 

When Member States adopt those provisions, they shall contain a reference to this Directive 
or be accompanied by such a reference on the occasion of their official publication. Member 
States shall determine how such reference is to be made. 

Member States shall communicate to the Commission the text of the main provisions 

2. 
of national law which they adopt in the field covered by this Directive.  

Article 37 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 38 
Addressees 

The Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

CRITERIA FOR THE CHARACTERISATION AND ASSESSMENT OF STORAGE 
SITES REFERRED TO IN ARTICLE 4 

The characterisation and assessment  of  storage sites  referred to in Article 4 shall be  carried 
out in four steps according to the following criteria. Derogations from one or more of these 
criteria are permitted so long as the capacity of the characterisation and assessment to enable 
the determinations pursuant to Article 4 is not affected. 

Step 1: Data collection 

Sufficient data shall be accumulated to construct a volumetric and dynamic three-dimensional 
(3-D)-earth  model  for  the  storage  site  and  storage  complex  including  the  caprock,  and  the 
surrounding area including the hydraulically connected areas. This data shall cover at least the 
following intrinsic complex characteristics: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Reservoir geology and geophysics; 

Hydrogeology (in particular existence of potable ground water); 

Reservoir  engineering  (including  volumetric  calculations  of  pore  volume  for  CO2 
injection and ultimate storage capacity, pressure and temperature conditions, pressure 
volume  behaviour  as  a  function  of  formation  injectivity,  cumulative  injection  rate 
and time); 

Geochemistry (dissolution rates, mineralisation rates); 

Geomechanics (permeability, fracture pressure); 

Seismicity (assessment of potential for induced earthquakes); 

Presence  and  condition  of  natural  and  man-made  pathways  which  could  provide 
leakage pathways; 

The following characteristics of the complex vicinity shall be documented: 

(h) 

(i) 

(j) 

(k) 

(l) 

Domains  surrounding  the  storage  complex  that  may  be  affected  by  the  storage  of 
CO2 in the storage site; 

Population distribution in the region overlying the storage site; 

Proximity  to  valuable  natural  resources  (including  in  particular  Natura  2000  areas 
pursuant  to  Directives  79/409/EEC  and  92/43/EEC,  potable  groundwater  and 
hydrocarbons); 

Possible interactions with other activities (e.g. exploration, production and storage of 
hydrocarbons, geothermal use of aquifers); 

Proximity  to  the  potential  CO2  source(s)  (including  estimates  of  the  total  potential 
mass of CO2 economically available for storage). 

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Step 2: Computerised simulation of the storage complex 

Using the data collected in Step 1, a three-dimensional static geological earth model, or a set 
of such models, of the candidate storage complex including the caprock and the hydraulically 
connected areas shall be built using computer reservoir simulators. The static geological earth 
model(s) shall characterise the complex in terms of: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Geological structure of the physical trap; 

Geomechanical and geochemical properties of the reservoir; 

Presence of any faults or fractures and fault/fracture sealing; 

Overburden (caprock, seals, porous and permeable horizons); 

Areal and vertical extent of the storage formation; 

Pore space volume (including porosity distribution); 

Any other relevant characteristics. 

The  uncertainty  associated  with  each  of  the  parameters  used  to  build  the  model  shall  be 
assessed  by  developing  a  range  of  scenarios  for  each  parameter  and  calculating  the 
appropriate confidence limits. Any uncertainty associated with the model itself shall also be 
assessed. 

Step 3: Security, sensitivity and hazard characterisation 

Step 3.1 Security characterisation 

Security characterisation shall be based on dynamic modelling, comprising a variety of time-
step  simulations  of  CO2  injection  into  the  storage  site  using  the  three-dimensional  static 
geological  earth  model(s)  in  the  computerised  storage  complex  simulator  constructed  under 
Step 2. The following factors shall be considered: 

(a) 

(b) 

(c) 

(d) 

(e) 

Possible injection rates and CO2 properties;  

The efficacy of coupled process modelling (i.e. the way various single effects in the 
simulator(s) interact); 

Reactive processes (i.e. the way reactions of the injected CO2 with in situ minerals 
feedback in the model); 

The  reservoir  simulator  used  (multiple  simulators  may  be  required  in  order  to 
validate certain findings); 

Short  and  long-term  simulations  (to  establish  CO2  fate  and  behaviour  over  decades 
and millennia including the solution velocity of CO2 in water). 

The dynamic modelling shall provide insight to: 

(f) 

Pressure volume behaviour vs. time of the storage formation; 

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(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

(p) 

(q) 

Areal and vertical extent of CO2 vs. time; 

The nature of CO2 flow in the reservoir including phase behaviour; 

CO2  trapping  mechanisms  and  rates  (including  spill  points  and  lateral  and  vertical 
seals); 

Secondary containment systems in the overall storage complex; 

Storage capacity and pressure gradients in the storage site; 

The risk of fracturing the storage formation(s) and caprock; 

The  risk  of  CO2  entry  into  the  caprock  (e.g.,  due  to  exceedance  of  capillary  entry 
pressure of the caprock or due to caprock degradation); 

The risk of leakage through abandoned or inadequately sealed wells; 

The rate of migration (in open-ended reservoirs); 

Fracture sealing rates; 

Changes  in  formation(s)  fluid  chemistry  and  subsequent  reactions  (e.g.  pH  change, 
mineral formation) and inclusion of reactive modelling to assess affects; 

(r) 

Displacement of formation fluids. 

Step 3.2 Sensitivity characterisation 

Multiple  simulations  shall  be  undertaken  to  identify  the  sensitivity  of  the  assessment  to 
assumptions  made  about  particular  parameters.  The  simulations  shall  be  based  on  altering 
parameters  in  the  static  geological  earth  model(s),  and  changing  rate  functions  and 
assumptions in the dynamic modelling exercise. Any significant sensitivity shall be taken into 
account in the risk assessment. 

Step 3.3 Hazard characterisation 

Hazard characterisation shall be undertaken by characterising the potential for leakage from 
the storage complex, as established through dynamic modelling and security characterisation 
described above. This shall include consideration of inter alia: 

(a) 

(b) 

(c) 

(d) 

Potential leakage pathways; 

Potential magnitude of leakage events for identified leakage pathways (flux rates); 

Critical  parameters  affecting  potential  leakage  (e.g.  maximum  reservoir  pressure, 
maximum  injection  rate,  sensitivity  to  various  assumptions  in  the  static  geological 
Earth model(s) etc.); 

Secondary  effects  of  storage  of  CO2  including  displaced  formation  fluids  and  new 
substances created by the storing of CO2; 

EN 

35 

   EN 

 
(e) 

Any  other  factors  which  could  pose  a  hazard  to  human  health  or  the  environment 
(e.g. physical structures associated with the project); 

The hazard characterisation shall cover a range of potential scenarios including scenarios that 
test the security of the storage complex to the extreme. 

Step 4: Risk assessment 

The  risk  assessment  shall  cover  the  range  of  scenarios  developed  under  the  hazard 
characterisation of Step 3 and shall comprise the following: 

(a) 

(b) 

(c) 

Exposure  assessment  –  based  on  the  characteristics  of  the  environment  and 
distribution  of  human  population  above  the  storage  complex,  and  the  potential 
behaviour and fate of leaking CO2 from potential pathways identified under Step 3; 

Effects  assessment  –  based  on  the  sensitivity  of  particular  species,  communities  or 
habitats linked to potential leakage events identified under Step 3. Where relevant it 
shall  include  effects  of  exposure  to  elevated  CO2  concentrations  in  the  biosphere 
(including  soils,  marine  sediments  and  benthic  waters  (asphyxiation;  hypercapnia) 
and reduced pH in those environments as a consequence of leaking CO2). It shall also 
include  an  assessment  of  the  effects  of  other  substances  that  may  be  present  in 
leaking  CO2  streams  (either  impurities  present  in  the  injection  stream  or  new 
substances  formed  through  storage  of  CO2).  These  effects  shall  be  considered  at  a 
range of temporal and spatial scales, and linked to a range of different magnitudes of 
leakage events. 

Risk characterisation – This shall comprise an assessment of the safety and integrity 
of the site in the short and long term, including an assessment of the risk of leakage 
under the proposed conditions of use, and of the worst-case environment and health 
impacts. The risk characterisation shall be conducted based on the hazard, exposure 
and effects assessment. It shall include an assessment of the sources of uncertainty.  

EN 

36 

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ANNEX II 

CRITERIA FOR ESTABLISHING AND UPDATING THE MONITORING PLAN 
REFERRED TO IN ARTICLE 13(2) AND FOR POST-CLOSURE MONITORING 

1. Establishing and updating the monitoring plan 

The  monitoring  plan  referred  to  in  Article  13(2)  shall  be  established  and  updated  with  the 
purpose  of  meeting  the  monitoring  requirements  laid  out  in  Article  13(1)  according  to  the 
following criteria: 

1.1 Establishing the plan 

The monitoring plan shall provide details of the monitoring to be deployed at the main stages 
of  the  project,  including  baseline,  operational  and  post-closure  monitoring.  The  following 
shall be specified for each phase: 

(a) 

(b) 

(c) 

(d) 

Parameters monitored; 

Monitoring technology employed and justification for technology choice; 

Monitoring locations and spatial sampling rationale; 

Frequency of application and temporal sampling rationale. 

The  parameters  to  be  monitored  are  identified  so  as  to  fulfil  the  purposes  of  monitoring. 
However,  the  plan  shall  in  any  case  include  continuous  or  intermittent  monitoring  of  the 
following items: 

(e) 

(f) 

(g) 

(h) 

(i) 

Fugitive emissions of CO2 at the injection facility; 

CO2 volumetric flow at injection wellheads; 

CO2 pressure and temperature at injection wellheads (to determine mass flow); 

Chemical analysis of the injected material; 

Reservoir temperature and pressure (to determine CO2 phase behaviour and state). 

The choice of monitoring technology shall be based on best practice available at the time of 
design. The following options shall be considered and used as appropriate: 

(j) 

(k) 

technologies that can detect the presence, location and migration paths of CO2 in the 
subsurface; 

technologies  that  provide  information  about  pressure  volume  behaviour  and 
areal/vertical  saturation  distribution  of  CO2-plume  by  applying  numerical  3-D-
simulation  to  the  3-D-geological  models  of  the  storage  formation  established 
pursuant to Article 4 and Annex I; 

EN 

37 

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(l) 

technologies that can provide a wide areal spread in order to capture information on 
any previously undetected potential leakage pathways across the areal dimensions of 
the complete storage complex and beyond, in the event of significant irregularities or 
migration of CO2 out of the storage complex. 

1.2 Updating the plan  

The  data  collected  from  the  monitoring  shall  be  collated.  The  observed  results  shall  be 
compared  with  the  behaviour  predicted  in  dynamic  simulation  of  the  3-D-pressure-volume 
and saturation behaviour undertaken in the context of the security characterisation pursuant to 
Article 4 and Annex I Step 3. 

Where there is a significant deviation between the observed and the predicted behaviour, the 
3-D-model shall be recalibrated to reflect the observed behaviour. The recalibration shall be 
based  on  the  data  observations  from  the  monitoring  plan,  and  where  necessary  to  provide 
confidence in the recalibration assumptions, additional data shall be obtained. 

Steps  2  and  3  of  Annex  I  shall  be  repeated  using  the  recalibrated  3-D  model(s)  so  as  to 
generate new hazard scenarios and flux rates. The new scenarios shall be used to revise and 
update the risk assessment prepared under Annex I Step 4. 

Where new CO2 sources, pathways and flux rates are identified as a result of history matching 
and model recalibration, the monitoring plan shall be updated accordingly. 

2. Post-closure monitoring 

Post-closure monitoring shall be based on the information collected and modelled during the 
implementation  of  the  monitoring  plan  referred  to  in  Article  13(2)  and  above  under  1.2.  It 
shall  serve  in  particular  to  provide  information  required  for  the  determination  of  Article  18 
(1). 

EN 

38 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Directive  of  the  European  Parliament  and  the  Council  on  the 
geological storage of carbon dioxide and amending Council Directives 85/337/EEC, 
96/61/EC,  Directives  2000/60/EC,  2001/80/EC,  2004/35/EC,  2006/12/EC  and 
Regulation (EC) No 1013/2006 

2. 

ABM / ABB FRAMEWORK 

Environment  (ABB  Code  0703:  Implementation  of  Community  Environmental 
Policy and legislation). 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings: 

Financial instrument for the Environment (LIFE+ for the 2007-2013 period) (07.03.07) 

3.2. 

Duration of the action and of the financial impact: 

The activity of Commission review of draft permit decisions for CO2 storage sites is not time 
limited.  The  duration  of  the  funding  provisions  for  payment  of  indemnities  to  experts  is 
determined  by  the  duration  of  the  Financial  Instrument  for  the  Environment  (LIFE+) 
Environment Policy and Governance: 1.1.2007 to 31.12.2013. 

3.3. 

Budgetary characteristics: 

Budget 
line 

070307 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Diff 

YES 

NO 

NO 

No 2 

EN 

39 

   EN 

 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Expenditure type 

Section 
no. 

2008 

20
09 

2010 

2011 

2012 

2013 
and 
later 

Total 

EUR million (to 3 decimal places) 

Operational expenditure21 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

0 

0 

a 

b 

0 

0 

0 

0 

0.6068  0.6068 

0.6068 

3.6228 

0.6068  0.6068 

0.6068 

3.6228 

Administrative expenditure within reference amount22 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

0 

0 

0 

0 

0 

0 

0 

Commitment 
Appropriations 

Payment Appropriations 

0 

a+c

b+c

0 

0 

0 

0 

0 

0.6068  0.6068 

0.6068 

3.6228 

0.6068  0.6068 

0.6068 

3.6228 

Administrative expenditure not included in reference amount23 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

0 

0 

8.2.5. 

d 

8.2.6. 

e 

Total indicative financial cost of intervention 

0 

0 

0.0648  0.0648 

0.0648 

0.1944 

0 

0.027 

0.096 

0.046 

0.096 

0.265 

TOTAL CA including cost 
of Human Resources 

a+
c+
d
+e

0 

0 

0.027 

0.7676 

0.7176 

0.7676 

2.2798 

21 
22 
23 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
0 

0 

0.027 

0.7676 

0.7176 

0.7676 

2.2798 

TOTAL  PA  including  cost 
of Human Resources 

b
+c
+
d
+e

Co-financing details 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

Co-financing body 

2009 

2010 

2011 

2012 

…………………… 

TOTAL  CA  including  co-
financing 

2008 

0 

0 

f 

a+c+d
+e+f 

0 

0 

4.1.2.  Compatibility with Financial Programming 

2013 
and 
later 

Total 

0 

0 

0 

0 

0 

0.027 

0.7676 

0.7176 

0.7676 

2.2798 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement24 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

24 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

41 

   EN 

 
 
 
 
 
                                                 
EUR million (to one decimal place) 

Budget line 

Revenue 

Prior to
action 
[Year 
n-1] 

Situation following action 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]

25

a) Revenue in absolute terms 

b) Change in revenue 

 Δ 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

2008 

2009 

2010 

2011 

2012 

2013 
and 
later 

Total  number  of  human 
resources 

0 

0 

0 

0.6 

0.6 

0.6 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

Geological  storage  of  CO2  is  a  novel  technology  and  the  proposal  sets  out 
requirements for permitting of storage sites. Permitting a site is the crucial decision, 
since if the site is chosen correctly the risk of future leakage and associated adverse 
consequences will be minimised. In the early phase of implementation, measures to 
ensure a consistent approach to permitting across the EU are highly desirable. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The  proposed  mechanism  for  ensuring  consistent  permitting  is  review  of  draft 
permits at Community level, resulting in a Commission opinion. The review will (i) 
check  the  application  of  the  directive's  requirements  for  the  particular  site  in 
questions (ii) take a view on whether the degree of analysis is sufficient to allow the 
relevant  determinations  of  the  directive  to  be  made,  in  particular  those  relating  to 
potential leakage and environmental and health impact, (iii) assess the reliability of 
the data and tools/methodology used in the analysis, and (iv) take a view on whether 
the determinations of the draft permit are justified by the evidence. 

25 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

42 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The  objective  of  the  review  of  permitting  decisions  is  to  ensure  comparable 
implementation  of  the  proposal's  rules  designed  to  ensure  the  safe  deployment  of 
CO2  storage.  The  reviews  and  experience  gained  will  also  provide  the  basis  for 
establishing general guidelines for implementation of the rules. 

5.4.  Method of Implementation (indicative) 

X Centralised Management 

X  Directly by the Commission 

(cid:133) 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

EN 

43 

   EN 

 
6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The  Commission  will  organise  an  exchange  of  information  between  the  competent 
authorities  of  the  Member  States  concerning  the  application  of  the  proposed 
Directive, including reports on the review of draft permit decisions. 

Contracts  signed  by  the  Commission  for  the  purpose  of  the  implementation  of  the 
Directive shall provide for supervision and financial control by the Commission (or 
any representative authorized by it) and audits by the Court of Auditors, if necessary 
on-the-spot. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

The  Impact  Assessment  for  the  proposal  carried  out  an  analysis  of  the  options  for 
ensuring the consistent application of the Directive in the initial phase and concluded 
that Commission review was the most appropriate. 

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

NA 

6.2.3.  Terms and frequency of future evaluation 

As  part  of  its  report  on  the  operation  of  the  Directive  every  three  years,  the 
Commission  will  report  on  the  review  of  draft  permit  decisions  including  progress 
towards consistency of application across the EU and an assessment of the resulting 
learning.  

7. 

ANTI-FRAUD MEASURES  

Full application of internal control standards No 14, 15, 16, 18, 19, 20, 21, as well as of the 
principles  of  the  Council  Regulation  (EC,  Euratom)  No  1605/2002  on  the  Financial 
Regulation applicable to the general budget of the European Communities. 

The  Commission  shall  ensure  that,  when  actions  financed  under  the  present  programme  are 
implemented,  the  financial  interests  of  the  Community  are  protected  by  the  application  of 
preventive  measures  against  fraud,  corruption  and  any  other  illegal  activities,  by  effective 
checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by 
effective, proportional and dissuasive penalties, in accordance with Council Regulations (EC, 
Euratom)  No  2988/95  and  (Euratom,  EC)  No  2185/96,  and  with  Regulation  (EC)  No 
1073/1999 of the European Parliament and of the Council. 

EN 

44 

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8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings  of  Objectives,  actions  and 
outputs should be provided) 

Type of 
output 

Av. 
cost 

2008 

2009 

2010 

2011 

2012 

2013 and later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

OPERATIONAL  OBJECTIVE  No.1 
Review  of  draft  permits  by 
scientific panel 

Action 1: Meetings indemnities 

Action 2: Assessments 

Action 3: Studies 

Sub-total Objective 1 

0.003 

0.0004 

0.3 

0 

0 

0 

0 

0 

0 

0.000 

0.000 

0.000 

0.000 

0 

0 

0 

0.000 

0.000 

0.000 

0.000 

2 

2 

2 

0.000 

0.000 

0.000 

0.000 

0.006 

0.0008 

0.6 

2 

2 

2 

0.006 

0.0008 

0.6 

2 

2 

2 

0.006 

0.0008 

0.6 

6 

6 

6 

0.018 

0.0048 

3.6 

0.6068 

0.6068 

0.6068 

3.6228 

TOTAL COST 

0.000 

0.000 

0.000 

0.6068 

0.6068 

0.6068 

3.6228 

EN 

45 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

2008 

2009 

2010 

2011 

2012 

2013 

0 

0 

0 

0 

0 

0 

0.4 

0.2 

0.4 

0.2 

0.4 

0.2 

A*/AD 

B*, 
C*/AST 

Officials 
or 
temporary 
staff26 
(XX 01 
01) 

Staff  financed27  by 
art. XX 01 02 

staff28 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

0 

0 

0 

0.6 

0.6 

0.6 

8.2.2.  Description of tasks deriving from the action 

A*/AD official will provide the secretariat of the Scientific Panel, be responsible for 
procuring  administrative  support,  and  be  responsible  for  following  the  internal 
procedures  pursuant  to  adoption  of  a  Commission  opinion  following  the  Panel's 
assessment. The AST official will provide administrative support. 

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

(cid:133) 

(cid:133) 

X 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

26 
27 
28 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

EUR million (to 3 decimal places) 

Budget line 

(number and heading) 

2008 

2009 

2010 

2011 

2012 

TOTAL 

and later 

2013 

Technical 

and 
1 
assistance (including related staff costs) 

administrative 

Executive agencies29 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

0.000 

0.000  0.000  0.000  0.000  0.000 

0.000 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

2008 

2009 

2010  

2011 

2012 

2013 and 
later 

EUR million (to 3 decimal places) 

Officials and temporary staff (XX 01 
01) 

0 

Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

0 

0 

0.0648 

0.0648 

0.0648 

(specify budget line) 

Total cost of Human Resources 
and associated costs (NOT in 
reference amount) 

0 

0 

0 

0.0648 

0.0648 

0.0648 

Calculation– Officials and Temporary agents 

29 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

47 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
The standard salary for 1A* /AD as foreseen in Point 8.2.1 is 0.108 M€. 

Calculation– Staff financed under art. XX 01 02 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

2008 

2009 

2010 

2011 

2012 

2013 
and 
after 

TOTAL 

0 

0 

0 

0 

0 

0 

0 

0 

0.019 

0.019 

0.019 

0.057 

0.05 

0 

0.05 

0.1 

0.027 

0.027 

0.027 

0.027 

0.108 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees30  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

0.027 

0.096 

0.046 

0.096 

0.266 

Calculation - Other administrative expenditure not included in reference amount 

10 missions for each meeting of the scientific panel (2 per year) at €950 each= €0.019 million 

Biennial conference at €0.05 million from 2011 onwards 

Meetings of the Committee (unit cost: 27 000€) are foreseen every year as from 2010, in order 
to  allow  information  exchange,  in  view  of  adoption  of  appropriate  guidelines  and 
recommendations to strive for more harmonisation between Member States. 

The  needs  for  human  and  administrative  resources  shall  be  covered  within  the  allocation 
granted to the managing DG in the framework of the annual allocation procedure. 

30 

Specify the type of committee and the group to which it belongs. 

EN 

48 

   EN