3.1.3 European Union Directive - Geological storage of CO2

The EU CCS directive (Directive 2009/31/EC) was published in 2009 and should have been fully transposed by the member states by June 2011. In connection with the implementation of the directive, the Commission produced four guidance documents in order to facilitate and aid the member states during the national implementation processes. These are herein referred to as GD1 (EC, 2011a), GD2 (EC, 2011b), GD3 (EC, 2011c) and GD4 (EC, 2011d).

Following the directive, leakage is defined as any release of CO2 from the storage complex and is mainly mentioned in Article 16 - "Measures in case of leakages or other significant irregularities" and Annex 1, step 3 "Characterisation of the storage dynamic behaviour, sensitivity characterisation and risk assessment". The directive makes it clear that member states are responsible for ensuring that if leakage or any other significant irregularity occurs, the operator informs the competent authority (hereafter referred to as CA) and that the operators takes the necessary corrective measures including those related to the protection of human health. The operator must also notify the CA "in cases of leakages and significant irregularities which imply the risk of leakage".

To ensure that leakage events have been accounted for in the planning process of a geological storage site of CO2, the operator has to include a proposed corrective measures plan in the storage permit application. The corrective measures plan is included in the final storage permit and the operator is required to notify the CA in case of leakage or significant irregularities. The storage permit will also state that the operator has to implement the proposed corrective measures plan in case of leakage or any other significant irregularities. If the operator fails to do so, the necessary measures should be taken by the CA, and the costs then recovered from the operator.