Directive 2009/31 - Geological storage of carbon dioxide

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1.

Current status

This directive was in effect from June 25, 2009 until December 11, 2010 and should have been implemented in national regulation on June 25, 2011 at the latest.

2.

Key information

official title

Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006
 
Legal instrument Directive
Number legal act Directive 2009/31
Original proposal COM(2008)18 EN
CELEX number i 32009L0031

3.

Key dates

Document 23-04-2009
Publication in Official Journal 05-06-2009; OJ L 140, 5.6.2009,Special edition in Croatian: Chapter 15 Volume 026
Effect 25-06-2009; Entry into force Date pub. + 20 See Art 40
End of validity 11-12-2010; Partial end of validity Art. 35 Implicitly repealed by 32008L0098
16-02-2012; Partial end of validity Art. 31 Implicitly repealed by 32011L0092
06-01-2014; Partial end of validity Art. 37 Implicitly repealed by 32010L0075
31-12-2015; Partial end of validity Art. 33 Implicitly repealed by 32010L0075
31-12-9999
Transposition 25-06-2011; At the latest See Art 39

4.

Legislative text

5.6.2009   

EN

Official Journal of the European Union

L 140/114

 

DIRECTIVE 2009/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 April 2009

on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/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 Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

 

(1)

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 (3), is to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.

 

(2)

The Sixth Community Environment Action Programme established by Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 (4) identifies climate change as a priority for action. That programme recognises that the Community is committed to achieving an 8 % reduction in 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.

 

(3)

The Commission Communication of 10 January 2007 entitled ‘Limiting global climate change to two degrees Celsius – The way ahead for 2020 and beyond’ 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.

 

(4)

Carbon dioxide capture and geological storage (CCS) is a bridging technology that will contribute to 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 underground geological formation for the purposes of permanent storage. This technology should not serve as an incentive to increase the share of fossil fuel power plants. Its development should not lead to a reduction of efforts to support energy saving policies, renewable energies and other safe and sustainable low carbon technologies, both in research and financial terms.

 

(5)

Preliminary estimates, carried out with a view to assessing the impact of the Directive and referred to in the impact assessment of the Commission, indicate that seven million tonnes of CO2 could be stored by 2020, and up to 160 million tonnes by 2030, assuming a 20 % reduction in greenhouse gas emissions by 2020 and provided that CCS obtains private, national and Community support and proves to be an environmentally safe technology. The CO2 emissions avoided in 2030 could account for some 15 % of the reductions required in the Union.

 

(6)

The Second European Climate Change Programme, which was established by the Commission Communication of 9 February 2005 entitled ‘Winning the Battle Against Global Climate Change’ 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...


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5.

Original proposal

 

6.

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