Legislation relating to CO2 transport for storage

30th August 2012

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 COacross 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: 

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

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:

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 COtransport 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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Legislation relating to CO2 transport for storage


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