Legislation relating to CO₂ transport for storage

Topic(s): Carbon capture use and storage (CCUS), CO₂ storage, CO₂ transport, Liability, Permitting, Policy law and regulation

Here we consider the legal implications of transporting CO₂ across international boundaries, for storage in marine environments, and more specifically, how CO₂ transport for storage is dealt with in the European, UK and Canadian contexts.

1. International transboundary transport regulation for CO₂ storage
Transport of CO₂ is necessary when a suitable storage site is not close to the capture installation. During the transport phase, international law is relevant when CO₂ crosses the territory of different states in order to reach the storage site. The Bamako Convention and the Basel Convention address this issue: 

• Bamako Convention
• Basel Convention

2. CO₂ transport for storage and international marine legislation
International marine legislation has an impact upon the legal conditions for development of CCS offshore:

• UNCLOS
• London Protocol

3. European and regional legislation on CO₂ transport and storage
In a regional context, such as the European Union, transnational regulation of the transport phase is essential when CO₂ is transported across the territory of different Member States in order to reach a storage site. The following legislation covers this:

• CCS Directive
• European Standards
• UNECE
  • Espoo Convention

4. UK laws regulating CO₂ transport for storage
In the UK at present no legislation that expressly regulates CO₂ transport by pipeline. The Health and Safety Executive (HSE) and the Department of Energy and Climate Change (DECC) have suggested CO₂ be classified as a 'dangerous substance' or a 'dangerous fluid' and legislated accordingly.

5. Canadian laws regulating CO₂ transport for storage
​In Canada, there is no dedicated legislation regarding CO₂ pipelines, either at federal or provincial level. Existing CO₂ pipelines operate for the purpose of enhanced oil recovery (EOR) or acid gas disposal and are covered by existing pipeline legislation.

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