UCL Centre for Law and Environment

Richard Macrory, Director of the UCL Carbon Capture Legal Programme, was invited to speak at the 7th Annual Platts European Carbon Capture and Storage Conference held in London 31 January and 1st February. The Annual Platts Conference is one of the major CCS events of the year.  Professor Macrory took part in the Panel Discussion ‘Transposing the CCS Directive – what we have learnt and why member state support has waned?’  which was moderated by Henry Edwardes-Evans, managing Editor of Power in Europe.  Macrory reported that most Member States had still not formally transposed the 2009 EU Directive despite a deadline of 25 June 2011.  The European Commission has started formal infringement proceedings against those Member States who have yet to communicate texts of national law.

For the last five years, the UCL Carbon Capture Legal Programme has developed and hosted a highly successful legal resources site, designed to provide accessible and objective information on developments in CCS law and policy around the world. See here for an overview of the Programme.

We are pleased to announced that from December Ist 2012 the Global Carbon Capture Storage Institute will be managing the Resources site, initially using material from UCL.

Professor Richard Macrory, director of the UCL CCLP commented,  “ We know that many lawyers and non-lawyers within the carbon capture community have found the UCL Legal Resources site an invaluable source of accessible and impartial analysis over the past few years.  I am absolutely delighted that  this initiative of the GCCSI means  the Resource will now continue to be available  and develop during a critical period in the development of CCS law and policy.”

The new site can be found at http://www.globalccsinstitute.com/networks/cclp

The EU Case Studies Project

Background

In June 2009, the European Union adopted its ‘Climate and Energy Package’, which contains a series of measures to drive Member States’ legal and policy strategies to achieve the EU’s emissions reduction targets. Directive 31/2009/EC on the geological storage of carbon dioxide (‘CCS Directive’) was adopted as an element of this Package and represents one of the first CCS-dedicated legal frameworks in the world. The Directive requires all EU Member States to adopt domestic measures to implement its provisions within national law (‘transposition’) by 25 June 2011. The European Commission is responsible for monitoring its correct implementation into Member States’ national law.

The Project

The Carbon Capture Legal Programme launched the ‘EU Case Studies Project’ in January 2011. The project analyses the implementation process of the CCS Directive in selected European jurisdictions-the United Kingdom, Germany, Poland, Romania, Spain, and Norway. Each jurisdiction, for different reasons, provides an example of distinct approaches to the transposition and to CCS in general.

The objective of the Project is to identify some of the more subtle nuances in different legal cultures and to understand the rationale for national decisions in specific aspects of the implementation of the Directive within national legal regimes. In particular, the focus is on those areas where the Directive leaves room for Member States’ discretion or is ambiguous or silent. In conjunction with the more detailed provisions and legal choices, the Project also aims to highlight the national policy and political context within which the legal and regulatory framework for CCS has emerged. The studies are deliberately designed to move beyond formal transposition measures to reveal more of the underlying dynamics and tensions involved in national implementation. Such elements are often crucial in driving domestic legal developments. The way in which EU Directives are implemented often reflect distinct legal and administrative traditions, and the case studies seek to present these in order to provide better insights on the development of CCS regulation.

The result of the project is a series of reports from the six jurisdictions based on key legal and policy questions and on a critical reading of the CCS Directive. The CCLP is coordinating the overall research and has carried out the UK case study. Independent experts were commissioned to carry out research in Germany, Poland, Romania, Spain, and Norway. The reports were published in November 2011.

	CCLP EU Case Studies UK (2011) Author: Chiara Armeni
	CCLP EU Case Studies Germany (2011) Author: Ludwig Krämer
	CCLP EU Case Studies Spain (2011) Author: Ludwig Krämer
	CCLP EU Case Studies Romania (2011) Author: Mónika Józon
	CCLP EU Case Studies Norway (2011) Authors: Hans Christian Bugge and André Lamark Ueland

Centre members Ben Milligan and Chiara Armeni have recently completed a paper entitled ‘Marine spatial planning for emerging marine activities: a case study of law and policy concerning offshore carbon storage in the United Kingdom’. Ben Milligan presented the paper at the 7th Conference of the Advisory Board on the Law of the Sea (Monaco, 3 – 5 October 2012), which is convened by the International Hydrographic Organisation and the International Association of Geodesy.

The paper identifies key design features of the United Kingdom’s framework for marine permitting and spatial planning, appraising the extent to which they enable orderly deployment of offshore CO2 storage technology. The paper and accompanying presentation will be published on the conference website.

See here for an overview of the Centre’s Carbon Capture Legal Programme.

The Carbon Capture Legal Programme has commissioned several ‘Think Pieces’ from those with an expertise or particular perspective on legal developments concerning CCS. The pieces aim to provide an brief insight into discrete topics with a view to provoking further discussion and research.

Additional Think Pieces will be added throughout the duration of the Programme. If you are interested in contributing a Think Piece to the site please contact one of the Centre members.

For further information about the Carbon Capture Legal Programme, click here.

Current Think Pieces:

	From EOR to E2R: Sequestering CO2 while reducing dependence on imported oil (May 2011) Philip M. Marston
	The new regime for CCS in Spain: an overview (April 2011) Angel-Manuel Moreno
	CO2 Emission Performance Standards: a submission to the UK Select Committee on Energy and Climate Change (October 2010) Richard Macrory
	Working Party Report on the arrangements needed to develop the Infrastructure for Carbon Capture and Storage in the UK (July 2010) Lord Oxburgh et al
	The Gorgon Project: legal and policy issues (March 2010) Andrew Beatty, Ilona Millar and Megan Flynn
	Legislating to quantify risk and increase the financial viability of CCS projects (March 2009) Calum Hughes
	Carbon Capture and Storage in the Clean Development Mechanism: overcoming the stalemate (September 2008) Pedro Martins Barata
	Site Exploration: Are We Developing a Sensible Regulatory Regime? (September 2008) Richard Macrory
	Current CCS regulation in Norway (April 2008) Nina K. Hallenstvedt

Overview

Set up in June 2007, the UCL Carbon Capture Legal Programme (CCLP) analyses legal developments relating to Carbon Capture and Storage (CCS) and coordinates discussion between policy-makers, industry and other interested parties. The CCLP is under the overall direction of Professor Richard Macrory QC. Chiara Armeni (CCLP Deputy Director) and Ben Milligan are Research Associates. Chris Clarke, an independent consultant on liability issues, and Ian Havercroft are both Visiting Fellows to the CCLP.

Current activities

Legal aspects of offshore CO2 storage – This activity involves the injection of liquefied CO2 into deep geological formations beneath the seabed for storage purposes. The CCLP has been engaged by the Crown Estate to review the UK’s legal and regulatory framework concerning offshore CO2 storage with a view to identifying and addressing outstanding gaps and issues.

EU Case Studies Project – This project was launched in January 2011, and analyses the implementation process of the EU’s CCS Directive in the United Kingdom, Germany, Poland, Romania, Spain, and Norway. Building on the expert knowledge gained through the project, the CCLP will continue to monitor legal and policy developments in relation to CCS, both in the European Union and in its Member States.

CCS International Regulators Network – Together with the International Energy Agency and the Carbon Sequestration Forum, the CCLP launched the CCS International Regulators Network in May 2008. The Network provides a forum for CCS regulators, policy makers and stakeholders. Since its creation, the Network has significantly increased in size (currently 1400 members) and activity (including four international meetings, seminars and publications).