Carbon Capture and Storage – Development of select regulation proposals for substantiating legal requirements of statutory ordinances

Carbon Dioxide Capture and Storage (CCS) in (deep) geological formations is a climate policy option that has attracted controversy in recent years. In 2012 the German Carbon Storage Act (Kohlendioxid Speicherungsgesetz, KSpG) was passed to implement the CCS Directive of the European Parliament and of the Council (2009/31/EC). However, delegated legislation on carbon storage has not yet been developed.

Based on the powers delegated in the primary legislation (§§ 25 and 32 KSpG) this research project focuses on suggested designs of ordinances for underground carbon storage (German Carbon Storage Ordinance – Speicherverordnung) and financial security for CCS projects (German Financial Security Ordinance – Deckungsvorsorgeverordnung) that are legally certain. The report also includes key points for transferring the responsibility for carbon storage to the public sector (German Transfer of Responsibility Ordinance – Verantwortungsübertragungsverordnung).

The necessary legal basis for laying down the legal requirements for carbon storage is shown in the report and a number of specific suggestions are made to this end.