1 / 14

Implementing the CCS Directive in Poland: Key Findings

This study examines the transposition process of the EU CO2 Storage Directive in Poland, focusing on legal, administrative, and financial aspects, as well as challenges and opportunities. It provides insights on the current status, transposition method, policy context, regulatory process, permits, financial issues, transfer of responsibility, sanctions, and conclusions.

raymondv
Download Presentation

Implementing the CCS Directive in Poland: Key Findings

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Jerzy JendrośkaImplementing the CCS Directive in Poland: key findings from the transposition process Implementing the EU CO2 Storage Directive Challenges and Opportunities University College London 7 November 2011 Opole University

  2. Content • Legal process and context • Administrative and procedural arrangements • Financial security, transfer of responsibility and sanctions • Conclusions Opole University

  3. Legal process – current status • Principles for CCS Bill („Principles for the draft law to transpose the CCS Directive”) • severalversionsprepared by Environment Ministrysince 2009 • final version of Februaryadopted by Council of Ministers on 15 March 2011 • Draft law (CCS Bill) not yetprepared by the GovernmentalLegislative Center ! Opole University

  4. Legal process – transposition method • Amendment to existing laws plus a number of new regulations • Bulk of transposing provisions to be included in the Geological and Mining Law • Changes in several other laws Opole University

  5. Context – policy • No clear Climate Change official strategy • „Climate Policy of Poland” of 2003 – outdated • new policy documents – under preparation • current actual policy – mostly lobby groups driven • No official CCS Roadmap • Several not coordinated programmes and measures in various official documents Opole University

  6. Context – public debate • No real public debate! • Draft Principles for CCS Bill subject to consultations – mostly interested business and research institutions • Public comments (mostly NIMBY) • Few environmental NGOs involved Opole University

  7. Administrative arrangements • Key players in CCS policy: Environment and EconomyMinisters • Prospective competent authority for permitting: Environment Minister • New agency: National CCS Administrator • responsible for „transfer of responsibility” tasks • to be created in 2015 • delegated to Polish Geological Institute Opole University

  8. Regulatory process • Separate procedures for • exploration • storage • Both procedures two-tier • EIA decision (local authorities?) • Permit (Environment Minister) Opole University

  9. Permits - procedure • Exploration permit • non-binding opinion of relevant local authorities • Storage permit – approval needed • Economy Minister • relevant local authorities Opole University

  10. Permit – reasons for refusal • Environmental protection requirements • Interference with legitimate use of property as reflected in local land use plan or land use studium (outline plan) • National security or public safety Opole University

  11. Financial issues • Financial security instruments • monetary deposits in National Environmental Fund • bank quarantees, • insurance instruments • Financial mechanism for transfer of responsibility – special fees and other instruments Opole University

  12. Transfer of responsibility • Main role of National CCS Administrator • Major issues: • ownership of installation • intelectual property rights to geological information Opole University

  13. Sanctions • Based on existing sanctions in geological and mining law • Criminal sanctions – for example abuse of permit conditions causing significant damage to environment or property – imprisonment up to 3 years • Petty offences - fines Opole University

  14. Conclusions • Most details to be set in the CCS Bill (CO2 stream acceptance criteria, role of local authorities in EIA Decision etc) • General approach – harmonise CCS with existing legislation, legal institutions and instruments (pros and cons) • Most of CCS Directive ambiguities – not resolved (relation to EIA and Aarhus) Opole University

More Related