Proposal for a Council Decision concerning the approval on behalf of the European Community, of the Amendments of Annex II and Annex III to the Convention for the protection of the marine environment of the North-East Atlantic (OSPAR Convention) in relation to the storage of carbon dioxide streams in geological formations
Date: 2009-05-25
Institutions: European Commission
Subjects: EU environmental policy, energy policy, energy technology, environmental impact, environmental protection, geology, greenhouse gas, marine environment, reduction of gas emissions, storage of waste

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.5.2009 
COM(2009) 236 final 

2009/0071 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the approval on behalf of the European Community, of the Amendments of 
Annex II and Annex III to the Convention for the protection of the marine environment 
of the North-East Atlantic (OSPAR Convention) in relation to the storage of carbon 
dioxide streams in geological formations 

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EXPLANATORY MEMORANDUM 

The European Community is a Contracting Party to the Convention for the protection 
of the marine environment of the north-east Atlantic (OSPAR Convention) pursuant 
to Council Decision 98/249/EC of 7 October 19971. 

The  aim  of  the  Convention  is  to  prevent  and  eliminate  pollution  and  to  protect  the 
maritime  area  against  the  harmful  effects  of  human  activities.  The  Convention 
entered into force on 25 March 1998. 

The executive body of the OSPAR Convention (the OSPAR Commission) may adopt 
amendments to the Convention and to its Annexes and Appendices. It has adopted by 
consensus  of  the  Contracting  Parties  amendments  of  Annexes  II  and  III  to  the 
Convention at its meeting in June 2007 in Ostend (Belgium) in relation to the storage 
of  carbon  dioxide  streams  in  subsoil  geological  formations,  with  a  view  to  legally 
enabling  Carbon  Capture  and  Storage  (CCS)  operations  in  the  OSPAR  maritime 
area. 

The  Commission  Communication  on  Sustainable  Power  Generation  from  Fossil 
Fuels (COM (2006) 843) identified the need for a regulatory framework on CCS and 
supported  the  adoption  of  amendments  to  the  OSPAR  Convention  to  permit 
environmentally sound geological storage of CO2 under the seabed. 

The  European  Council,  at  its  March  2007  meeting  concluded  the  following  on 
Carbon  Capture  and  Storage  in  the  context  of  its  Action  Plan  (2007-2009)  Energy 
Policy for Europe (EPE):  

"Aware of the huge possible global benefits of a sustainable use of fossil fuels, 
the European Council: 

-  underlines  the  importance  of  substantial  improvements  in  generation 
efficiency and clean fossil fuel technologies; 

- urges Member States and the Commission to work towards strengthening R & 
D and developing the necessary technical, economic and regulatory framework 
to  bring  environmentally  safe  carbon  capture  and  sequestration  (CCS)  to 
deployment with new fossil-fuel power plants, if possible by 2020; 

- welcomes the Commission's intention to establish a mechanism to stimulate 
the  construction  and  operation  by  2015  of  up  to  12  demonstration  plants  of 
sustainable fossil fuel technologies in commercial power generation." 

Through  Community  coordination  in  the  context  of  the  OSPAR  negotiations,  there 
was substantial improvement of the draft OSPAR Decisions on CCS accompanying 
the  amendments  to  the  Annexes,  in  terms  of  more  explicit  requirements  for  risk 
management  and  public  participation.  The  Community  delegation  at  the  OSPAR 
Commission  meeting  that  adopted  these  instruments  stated  that,  with  respect  to 
matters  relating  to  EC  competence,  it  was  pleased  to  be  able  to  be  part  of  the 

1 

OJ C 104, [3.4.1998], p. [1-1]. 

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consensus  accepting  the  package  and  that  it  would  provide  a  good  basis  for  the 
development  of  European  legislation  following  the  conclusions  of  the  European 
Council on CCS. However, the EC also stated that they may have to notify OSPAR 
that they will have to suspend the 200-day entry into force [of the OSPAR Decisions 
2007/1  and  2007/2]  if  unable  to  comply  with  the  timeframe.  Such  a  letter  of 
suspension  should  not  be  considered  as  negative  as  they  will  wish  to  ratify  when 
appropriate. 

7. 

It  is  the  intention  of  the  European  Commission  that  all  the  elements  of  the  CCS 
regulatory framework should be in place to allow CCS to proceed in the best possible 
circumstances  in  line  with  the  European  Council  conclusions.  The  European 
Commission has proposed a Directive of the European Parliament and of the Council 
on the geological storage of carbon dioxide, which will establish a permitting regime 
covering  inter  alia  composition  of  the  CO2  stream,  site  selection,  monitoring  and 
reporting, site closure, corrective measures in case of leakage, financial security and 
the  conditions  for  transfer  of  responsibility  to  the  state,  so  as  to  ensure  that  the 
necessary requirements are in place for safe and secure CO2 storage.  

It  is  therefore  appropriate  for  the  Community  to  approve  the  Amendments  to  the  OSPAR 
Convention Annexes II and III as set out below. 

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2009/0071 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the approval on behalf of the European Community, of the Amendments of 
Annex II and Annex III to the Convention for the protection of the marine environment 
of the North-East Atlantic (OSPAR Convention) in relation to the storage of carbon 
dioxide streams in geological formations 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
175 (1), in conjunction with the first sentence of the first subparagraph of Article 300 (2) and 
the first subparagraph of Article 300 (3), thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Parliament3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Community  is  a  Contracting  Party  to  the  Convention  for  the  protection  of  the 
marine  environment  of  the  North-East  Atlantic  (OSPAR  Convention)  pursuant  to 
Council Decision 98/249/EC of 7 October 1997(1); 

The  aim  of  the  Convention  is  to  prevent  and  eliminate  pollution  and  to  protect  the 
maritime area against the harmful effects of human activities; it entered into force on 
25 March 1998; 

The  Commission  took  part  in  negotiating  these  amendments,  in  accordance  with  the 
Council  Conclusions  concerning  negotiating  directives  for  the  Convention  for  the 
protection of the marine environment of the North-East Atlantic, and in the adoption 
by consensus of the Amendments to Annexes II and III at the meeting of the executive 
body  of  the  OSPAR  Convention  (the  OSPAR  Commission)  on  25-29  June  2007  in 
Ostend (Belgium); 

The  European  Council  has  urged  Member  States  and  the  European  Commission  to 
work towards strengthening R & D and developing the necessary technical, economic 
and  regulatory  framework  to  bring  environmentally  safe  carbon  capture  and 
sequestration  (CCS)  to  deployment  with  new  fossil-fuel  power  plants,  if  possible  by 
2020, and this could be expected to imply removing legal obstacles to CCS from the 
OSPAR Convention; 

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OJ C , , p. . 
OJ C , , p. . 

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(5)  Whereas the Community should approve this Decision, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Amendments  to  Annexes  II  and  III  of  the  Convention  for  the  protection  of  the  marine 
environment of the North-East Atlantic agreed at Ostend in June 2007 are hereby approved on 
behalf of the European Community.  

The text of the Amendments is set out in the Annex to this Decision. 

Article.2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  or  persons 
empowered  to  deposit,  on  behalf  of  the  European  Community,  the  instrument  of  approval 
with the Government of the French Republic, in accordance with Article 17 (1) and 15 (4) of 
the Convention for the protection of the marine environment of the North-East Atlantic. 

Article.3 

This Decision will be published in the Official Journal of the European Communities. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Amendments of Annex II and Annex III to the Convention in relation to the Storage of 
Carbon Dioxide Streams in Geological Formations 

RECALLING the general obligations in Article 2 of the Convention for the Protection of the 
Marine Environment of the North-East Atlantic; 

BEING  SERIOUSLY  CONCERNED  by  the  implications  for  the  marine  environment  of 
climate change and ocean acidification due to elevated concentrations of carbon dioxide in the 
atmosphere; 

EMPHASISING  the  need  to  further  develop  renewable  and  low  carbon  forms  of  energy 
generation and use; 

RECALLING that carbon  dioxide capture and storage is not a mandatory obligation for the 
Contracting Parties to the Convention but an option which the individual Contracting Parties 
can choose to allow the use of; 

RECOGNISING  that  carbon  dioxide  capture  and  storage  is  one  of  a  portfolio  of  options  to 
reduce  levels  of  atmospheric  carbon  dioxide,  and  that  it  represents  an  important  interim 
supplement  to  measures  for  the  reduction  or  prevention  of  carbon  dioxide  emissions  and 
should not be considered as a substitute for other means to reduce carbon dioxide emissions; 

NOTING that, since the adoption of the Convention, developments in technology have made 
it  possible  to  capture  carbon  dioxide  from  industrial  and  energy-related  sources,  transport  it 
and  inject  it  into  sub-seabed  geological  formations  for  long-term  isolation  from  the 
atmosphere and the sea; 

NOTING ALSO that regulating such activity is within the scope of the Convention; 

WELCOMING the work of the Intergovernmental Panel on Climate Change and in particular 
its Special Report on Carbon Dioxide Capture and Storage; 

EMPHASIZING  the  need  for  the  storage  of  carbon  dioxide  streams  to  be  environmentally 
safe; 

WELCOMING FURTHER the adoption of the amendment to include carbon dioxide streams 
from carbon dioxide capture processes for sequestration in sub-seabed geological formations 
in Annex I to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by 
Dumping of Wastes and Other Matter, 1972 (London Protocol); 

RECOGNISING the work of the Intersessional Technical Working Group on Carbon Dioxide 
Sequestration  of  the  Scientific  Group  established  under  the  London  Convention  and  its 
Protocol and its conclusions, as set out in its report LC/SG-CO2 1/7; 

RECOGNISING  ALSO  the  work  of  the  Offshore  Industry  Committee,  the  Biodiversity 
Committee and the Intersessional Correspondence Group on the placement of carbon dioxide 
in sub-seabed geological formations; 

DESIRING to regulate under this Convention the storage of captured carbon dioxide streams 
in sub-soil geological formations to ensure protection of the maritime area; 

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RECALLING  Article  15  and  Article  17  of  the  Convention  relating  to  the  amendment  of 
annexes to the Convention; 

CONFIRMING that these amendments are restricted to the storage of carbon dioxide streams 
in geological formations; 

STRESSING that such amendments may not be interpreted as legitimising the disposal of any 
other waste or other matter for the purpose of their mere disposal; 

RECOGNISING that a regulatory framework and guidance on the storage of carbon dioxide 
streams in geological formations will contribute to the short-term and long-term protection of 
the maritime area. Recognizing the need for rules to be developed to establish clear rights and 
responsibilities  relating  to  access  to  the  property  and  that  clarify  the  responsibilities  during 
pre-  and  post-closure.  The  guidance  will  be  integral  to  the  subsequent  pursuit  of  activities 
relating to the storage of carbon dioxide streams in geological formations;  

The  Contracting  Parties  to  the  Convention  for  the  Protection  of  the  Marine 
Environment of the North-East Atlantic adopt the following amendments of the Annexes 
II and III to the Convention: 

In Annex II Article 3 Paragraph 2 a new sub-paragraph “f” is added as follows: 

f. 

carbon dioxide streams from carbon dioxide capture processes for storage, provided:  

i. 

disposal is into a sub-soil geological formation;  

ii. 
the  streams  consist  overwhelmingly  of  carbon  dioxide.  They  may  contain 
incidental  associated  substances  derived  from  the  source  material  and  the  capture, 
transport and storage processes used; 

no  wastes  or  other  matter  are  added  for  the  purpose  of  disposing  of  those 

iii. 
wastes or other matter; 

iv. 
they are intended to be retained in these formations permanently and will not 
lead to significant adverse consequences for the marine environment, human health 
and other legitimate uses of the maritime area. 

In Annex III Article 3 new paragraphs 3 and 4 are added as follows: 

The  prohibition  referred  to  in  paragraph  1  of  this  Article  does  not  apply  to  carbon 

3. 
dioxide streams from carbon dioxide capture processes for storage, provided  

a. 

disposal is into a sub-soil geological formation; 

b. 
the  streams  consist  overwhelmingly  of  carbon  dioxide.  They  may  contain 
incidental  associated  substances  derived  from  the  source  material  and  the  capture, 
transport and storage processes used; 

no  wastes  or  other  matter  are  added  for  the  purpose  of  disposing  of  those 

c. 
wastes or other matter; 

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d. 
they are intended to be retained in these formations permanently and will not 
lead to significant adverse consequences for the marine environment, human health 
and other legitimate uses of the maritime area. 

The Contracting Parties shall ensure that no streams referred to in paragraph 3 shall be 
4. 
disposed  of  in  sub-soil  geological  formations  without  authorisation  or  regulation  by  their 
competent  authorities.  Such  authorisation  or  regulation  shall,  in  particular,  implement  the 
relevant  applicable  decisions,  recommendations  and  all  other  agreements  adopted  under  the 
Convention. 

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