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Jerzy JendrośkaImplementing the CCS Directive in

Poland: key findings from the transposition process

Implementing the EU CO2 Storage Directive

Challenges and OpportunitiesUniversity College London

7 November 2011

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Content

• Legal process and context

• Administrative and procedural arrangements

• Financial security, transfer of responsibility and sanctions

• Conclusions

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Legal process – current status

• Principles for CCS Bill („Principles for the draft law to transpose the CCS Directive”)– several versions prepared by Environment

Ministry since 2009– final version of February adopted by Council

of Ministers on 15 March 2011

• Draft law (CCS Bill) not yet prepared by the Governmental Legislative Center !

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

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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• No clear Climate Change official strategy– „Climate Policy of Poland” of 2003 – outdated– new policy documents – under preparation– current actual policy – mostly lobby groups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

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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

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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

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Regulatory process

• Separate procedures for – exploration – storage

• Both procedures two-tier– EIA decision (local authorities?)– Permit (Environment Minister)

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Permits - procedure

• Exploration permit – non-binding opinion of relevant local

authorities

• Storage permit – approval needed– Economy Minister

– relevant local authorities

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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

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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

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Transfer of responsibility

• Main role of National CCS Administrator

• Major issues:

– ownership of installation

– intelectual property rights to geological information

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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

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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)

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