Jerzy Jendrośka Implementation of the CCS Directive in Poland

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1 Jerzy Jendrośka Implementation of the CCS Directive in Poland Carbon Capture and Storage: Does it have a future? Senate House, University of London 6 March 2014 Jerzy Jendrośka 1

2 Content Policy context for CCS Transposition of the CCS Directive Regulatory scheme and administrative framework for CCS Transfer of responsibility Financial security Public involvement Integration with existing environmental law generally Conclusions Jerzy Jendrośka 2

3 Policy context for CCS Role in policy documents Climate Policy of 2003 CCS not mentioned National Environmental Policy of 2009 Climate policy not a priority Energy Policy of 2009 Important role for CCS CCS road-maps Action plan to Energy Policy - details for CCS NON-governmental road maps Power company (PGE) road-map Jerzy Jendrośka 3

4 Transposition of the CCS Directive Principles for the draft law to transpose the CCS Directive elaborated by the Environment Ministry adopted by the Council of Ministers in March 2011 Governmental Legislative Center develops a draft law Long intergovernmental debate Opinion of the EC sought Dec 2021 and received February 2013 Draft law adopted and submitted to the Parliament in June 2013 Parliamentary procedure Draft adopted by Sejm in August 2013 Senat submits amendments in September 2013 Sejm accepts amendments and adopts the Law of 27 September 2013 on the Amendment of the Geological and Mining Law Act and of some other Acts The Law signed by the President on 17 October 2013 The Law published in the Journal of Laws (DZ.U Nr 1238 of 2013) and entered into force on 24 November 2013 Jerzy Jendrośka 4

5 Regulatory scheme for CCS permitting Separate procedures for exploration prospecting for exploration storage All procedures two-tier EIA decisions by local authorities Permits (concessions) by Environment Minister Jerzy Jendrośka 5

6 Permitting proces for prospecting for and for exploration Jerzy Jendrośka 6

7 Permitting process for CCS storage Jerzy Jendrośka 7

8 Closure Jerzy Jendrośka 8

9 Administrative framework Transposition Environment and Foreign Ministers Permitting -Environment Minister Approval of Economy Minister Opinion of European Commission Operation Head of State Mining Authority Closure - Environment Minister Post-closure responsibility - National Administrator of Underground CO2 Storage Sites (KAPS CO2) Role of local authorities (on-shore activities) and maritime authorities (off-shore activities) Jerzy Jendrośka 9

10 Liability and transfer of responsibility General rules operator of mining activities is responsible during operation and after closure Role of National Geological Institute - National Research Institute (PIG) as National Administrator of CO2 Storage Sites (CO2 KAPS) General rules modified for CCS: transfer of responsibility after closure takeover of responsibility after withdrawal of permit Jerzy Jendrośka 10

11 Financial security General rules modified in case of CCS financial security is always mandatory more forms of financial security Forms: monetary funds, bank guarantees, insurance guarantee or civil insurance of the operator May be stablished in one or several of these forms The concession may only be granted if the proof of its establishment is presented. The financial security in the form of monetary funds is not included into the bankruptcy estate Monetary funds is deposited at a separate account of the National Fund for Environmental Protection and Water Management Jerzy Jendrośka 11

12 Public involvement Limited public debate regarding CCS policy and transposition Draft CCS Law subject to consultations mostly interested business, trade unions and research institutions Public comments (mostly NIMBY) Few environmental NGOs involved Public participation under the CCS law Limited to the first stage (EIA decision) in permitting Jerzy Jendrośka 12

13 Integration with existing law Return to original approach to transposition which was employed in no copy and paste but creative adaptation to existing legal institutions, instruments and porcedures CCS incorporated into the existing framework under the Geological and Mining Law Act (currently GMLA of 2011) and other laws Novel issues Transfer of responsibility Ownership of geological information Ownership of mining plant Jerzy Jendrośka 13

14 Conclusions Transposition succesful attempt to integrate CCS into legal framework solid legal and institutional framework for deployement of CCS but formally and factually belated CCS in Poland no vide public debate (and no real public opposition) genuine willingness on the part of government and power industry economic factors decisive Jerzy Jendrośka 14