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Document 02009L0031-20181224
Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance)Text with EEA relevance
Consolidated text: Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance)Text with EEA relevance
Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance)Text with EEA relevance
02009L0031 — EN — 24.12.2018 — 003.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
DIRECTIVE 2009/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140 5.6.2009, p. 114) |
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date |
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DIRECTIVE 2011/92/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 |
L 26 |
1 |
28.1.2012 |
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DECISION (EU) 2018/853 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2018 |
L 150 |
155 |
14.6.2018 |
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REGULATION (EU) 2018/1999 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2018 |
L 328 |
1 |
21.12.2018 |
DIRECTIVE 2009/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 April 2009
on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006
(Text with EEA relevance)
CHAPTER 1
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter and purpose
Article 2
Scope and prohibition
Article 3
Definitions
For the purposes of this Directive the following definitions shall apply:
‘geological storage of CO2’ means injection accompanied by storage of CO2 streams in underground geological formations;
‘water column’ means the vertically continuous mass of water from the surface to the bottom sediments of a water body;
‘storage site’ means a defined volume area within a geological formation used for the geological storage of CO2 and associated surface and injection facilities;
‘geological formation’ means a lithostratigraphical subdivision within which distinct rock layers can be found and mapped;
‘leakage’ means any release of CO2 from the storage complex;
‘storage complex’ means the storage site and surrounding geological domain which can have an effect on overall storage integrity and security; that is, secondary containment formations;
‘hydraulic unit’ means a hydraulically connected pore space where pressure communication can be measured by technical means and which is bordered by flow barriers, such as faults, salt domes, lithological boundaries, or by the wedging out or outcropping of the formation;
‘exploration’ means the assessment of potential storage complexes for the purposes of geologically storing CO2 by means of activities intruding into the subsurface such as drilling to obtain geological information about strata in the potential storage complex and, as appropriate, carrying out injection tests in order to characterise the storage site;
‘exploration permit’ means a written and reasoned decision authorising exploration, and specifying the conditions under which it may take place, issued by the competent authority pursuant to the requirements of this Directive;
‘operator’ means any natural or legal, private or public person who operates or controls the storage site or to whom decisive economic power over the technical functioning of the storage site has been delegated according to national legislation;
‘storage permit’ means a written and reasoned decision or decisions authorising the geological storage of CO2 in a storage site by the operator, and specifying the conditions under which it may take place, issued by the competent authority pursuant to the requirements of this Directive;
‘substantial change’ means any change not provided for in the storage permit, which may have significant effects on the environment or human health;
‘CO2 stream’ means a flow of substances that results from CO2 capture processes;
‘waste’ means the substances defined as waste in Article 1(1)(a) of Directive 2006/12/EC;
‘CO2 plume’ means the dispersing volume of CO2 in the geological formation;
‘migration’ means the movement of CO2 within the storage complex;
‘significant irregularity’ means any irregularity in the injection or storage operations or in the condition of the storage complex itself, which implies the risk of a leakage or risk to the environment or human health;
‘significant risk’ means a combination of a probability of occurrence of damage and a magnitude of damage that cannot be disregarded without calling into question the purpose of this Directive for the storage site concerned;
‘corrective measures’ means any measures taken to correct significant irregularities or to close leakages in order to prevent or stop the release of CO2 from the storage complex;
‘closure’ of a storage site means the definitive cessation of CO2 injection into that storage site;
‘post-closure’ means the period after the closure of a storage site, including the period after the transfer of responsibility to the competent authority;
‘transport network’ means the network of pipelines, including associated booster stations, for the transport of CO2 to the storage site.
CHAPTER 2
SELECTION OF STORAGE SITES AND EXPLORATION PERMITS
Article 4
Selection of storage sites
Article 5
Exploration permits
Where Member States determine that exploration is required to generate the information necessary for selection of storage sites pursuant to Article 4, they shall ensure that no such exploration takes place without an exploration permit.
Where appropriate, monitoring of injection tests may be included in the exploration permit.
CHAPTER 3
STORAGE PERMITS
Article 6
Storage permits
Article 7
Applications for storage permits
Applications to the competent authority for storage permits shall include at least the following information:
the name and address of the potential operator;
proof of the technical competence of the potential operator;
the characterisation of the storage site and storage complex and an assessment of the expected security of the storage pursuant to Article 4(3) and (4);
the total quantity of CO2 to be injected and stored, as well as the prospective sources and transport methods, the composition of CO2 streams, the injection rates and pressures, and the location of injection facilities;
a description of measures to prevent significant irregularities;
a proposed monitoring plan pursuant to Article 13(2);
a proposed corrective measures plan pursuant to Article 16(2);
a proposed provisional post-closure plan pursuant to Article 17(3);
the information provided pursuant to Article 5 of Directive 85/337/EEC;
proof that the financial security or other equivalent provision as required under Article 19 will be valid and effective before commencement of the injection.
Article 8
Conditions for storage permits
The competent authority shall issue a storage permit only if the following conditions are met:
the competent authority, on the basis of the application submitted pursuant to Article 7 and of any other relevant information, is satisfied that:
all relevant requirements of this Directive and of other relevant Community legislation are met;
the operator is financially sound and technically competent and reliable to operate and control the site and that professional and technical development and training of the operator and all staff are provided;
in the case of more than one storage site in the same hydraulic unit, the potential pressure interactions are such that both sites can simultaneously meet the requirements of this Directive;
the competent authority has considered any opinion of the Commission on the draft permit issued pursuant to Article 10.
Article 9
Contents of storage permits
The permit shall contain at least the following:
the name and address of the operator;
the precise location and delimitation of the storage site and storage complex, and information concerning the hydraulic unit;
the requirements for storage operation, the total quantity of CO2 authorised to be geologically stored, the reservoir pressure limits, and the maximum injection rates and pressures;
the requirements for the composition of the CO2 stream and the CO2 stream acceptance procedure pursuant to Article 12, and, if necessary, further requirements for injection and storage in particular to prevent significant irregularities;
the approved monitoring plan, the obligation to implement the plan and requirements for updating it pursuant to Article 13 as well as the reporting requirements pursuant to Article 14;
the requirement to notify the competent authority in the event of leakages or significant irregularities, the approved corrective measures plan and the obligation to implement the corrective measures plan in the event of leakages or significant irregularities pursuant to Article 16;
the conditions for closure and the approved provisional post-closure plan referred to in Article 17;
any provisions on changes, review, updating and withdrawal of the storage permit pursuant to Article 11;
the requirement to establish and maintain the financial security or any other equivalent pursuant to Article 19.
Article 10
Commission review of draft storage permits
Article 11
Changes, review, update and withdrawal of storage permits
The competent authority shall review and where necessary update or, as a last resort, withdraw the storage permit:
if it has been notified or made aware of any leakages or significant irregularities pursuant to Article 16(1);
if the reports submitted pursuant to Article 14 or the environmental inspections carried out pursuant to Article 15 show non-compliance with permit conditions or risks of leakages or significant irregularities;
if it is aware of any other failure by the operator to meet the permit conditions;
if it appears necessary on the basis of the latest scientific findings and technological progress; or
without prejudice to points (a) to (d), five years after issuing the permit and every 10 years thereafter.
CHAPTER 4
OPERATION, CLOSURE AND POST-CLOSURE OBLIGATIONS
Article 12
CO2 stream acceptance criteria and procedure
A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste or other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process and trace substances added to assist in monitoring and verifying CO2 migration. Concentrations of all incidental and added substances shall be below levels that would:
adversely affect the integrity of the storage site or the relevant transport infrastructure;
pose a significant risk to the environment or human health; or
breach the requirements of applicable Community legislation.
Member States shall ensure that the operator:
accepts and injects CO2 streams only if an analysis of the composition, including corrosive substances, of the streams and a risk assessment have been carried out, and if the risk assessment has shown that the contamination levels are in line with the conditions referred to in paragraph 1;
keeps a register of the quantities and properties of the CO2 streams delivered and injected, including the composition of those streams.
Article 13
Monitoring
Member States shall ensure that the operator carries out monitoring of the injection facilities, the storage complex (including where possible the CO2 plume), and where appropriate the surrounding environment for the purpose of:
comparison between the actual and modelled behaviour of CO2 and formation water, in the storage site;
detecting significant irregularities;
detecting migration of CO2;
detecting leakage of CO2;
detecting significant adverse effects for the surrounding environment, including in particular on drinking water, for human populations, or for users of the surrounding biosphere;
assessing the effectiveness of any corrective measures taken pursuant to Article 16;
updating the assessment of the safety and integrity of the storage complex in the short and long term, including the assessment of whether the stored CO2 will be completely and permanently contained.
Article 14
Reporting by the operator
At a frequency to be determined by the competent authority, and in any event at least once a year, the operator shall submit to the competent authority:
all results of the monitoring pursuant to Article 13 in the reporting period, including information on the monitoring technology employed;
the quantities and properties of the CO2 streams delivered and injected, including composition of those streams, in the reporting period, registered pursuant to Article 12(3)(b);
proof of the putting in place and maintenance of the financial security pursuant to Article 19 and Article 9(9);
any other information the competent authority considers relevant for the purposes of assessing compliance with storage permit conditions and increasing the knowledge of CO2 behaviour in the storage site.
Article 15
Inspections
Non-routine inspections shall be carried out:
if the competent authority has been notified or made aware of leakages or significant irregularities pursuant to Article 16(1);
if the reports pursuant to Article 14 have shown insufficient compliance with the permit conditions;
to investigate serious complaints related to the environment or human health;
in other situations where the competent authority considers this appropriate.
Article 16
Measures in case of leakages or significant irregularities
Article 17
Closure and post-closure obligations
A storage site shall be closed:
if the relevant conditions stated in the permit have been met;
at the substantiated request of the operator, after authorisation of the competent authority; or
if the competent authority so decides after the withdrawal of a storage permit pursuant to Article 11(3).
The obligations referred to in paragraph 2 shall be fulfilled on the basis of a post-closure plan designed by the operator based on best practice and in accordance with the requirements laid down in Annex II. A provisional post-closure plan shall be submitted to and approved by the competent authority pursuant to Article 7(8) and Article 9(7). Prior to the closure of a storage site pursuant to points (a) or (b) of paragraph 1 of this Article, the provisional post-closure plan shall be:
updated as necessary, taking account of risk analysis, best practice and technological improvements;
submitted to the competent authority for its approval; and
approved by the competent authority as the definitive post-closure plan.
Article 18
Transfer of responsibility
Where a storage site has been closed pursuant to points (a) or (b) of Article 17(1), all legal obligations relating to monitoring and corrective measures pursuant to the requirements laid down in this Directive, the surrender of allowances in the event of leakages pursuant to Directive 2003/87/EC and preventive and remedial action pursuant to Articles 5(1) and 6(1) of Directive 2004/35/EC, shall be transferred to the competent authority on its own initiative or upon request from the operator, if the following conditions are met:
all available evidence indicates that the stored CO2 will be completely and permanently contained;
a minimum period, to be determined by the competent authority has elapsed. This minimum period shall be no shorter than 20 years, unless the competent authority is convinced that the criterion referred to in point (a) is complied with before the end of that period;
the financial obligations referred to in Article 20 have been fulfilled;
the site has been sealed and the injection facilities have been removed.
The operator shall prepare a report documenting that the condition referred to in paragraph 1(a) has been met and shall submit it to the competent authority for the latter to approve the transfer of responsibility. This report shall demonstrate, at least:
the conformity of the actual behaviour of the injected CO2 with the modelled behaviour;
the absence of any detectable leakage;
that the storage site is evolving towards a situation of long-term stability.
The Commission may adopt guidelines on the assessment of the matters referred to in points (a), (b) and (c) of the first subparagraph, highlighting therein any implications for the technical criteria relevant to the determination of the minimum periods referred to in paragraph 1(b).
Where the competent authority is satisfied that the conditions referred to in points (a) and (b) of paragraph 1 are met, it shall prepare a draft decision of approval of the transfer of responsibility. The draft decision shall specify the method for determining that the conditions referred to in paragraph 1(d) have been met as well as any updated requirements for the sealing of the storage site and for the removal of injection facilities.
If the competent authority considers that the conditions referred to in points (a) and (b) of paragraph 1 are not met, it shall inform the operator of its reasons.
Article 19
Financial security
The financial security or any other equivalent referred to in paragraph 1 shall remain valid and effective:
after a storage site has been closed pursuant to points (a) or (b) of Article 17(1), until the responsibility for the storage site is transferred to the competent authority pursuant to Article 18(1) to (5);
after the withdrawal of a storage permit pursuant to Article 11(3):
until a new storage permit has been issued;
where the site is closed pursuant to Article 17(1)(c), until the transfer of responsibility pursuant to Article 18(8), provided the financial obligations referred to in Article 20 have been fulfilled.
Article 20
Financial mechanism
CHAPTER 5
THIRD-PARTY ACCESS
Article 21
Access to transport network and storage sites
The access referred to in paragraph 1 shall be provided in a transparent and non-discriminatory manner determined by the Member State. The Member State shall apply the objectives of fair and open access, taking into account:
the storage capacity which is or can reasonably be made available within the areas determined under Article 4, and the transport capacity which is or can reasonably be made available;
the proportion of its CO2 reduction obligations pursuant to international legal instruments and to Community legislation that it intends to meet through capture and geological storage of CO2;
the need to refuse access where there is an incompatibility of technical specifications which cannot be reasonably overcome;
the need to respect the duly substantiated reasonable needs of the owner or operator of the storage site or of the transport network and the interests of all other users of the storage or the network or relevant processing or handling facilities who may be affected.
Article 22
Dispute settlement
CHAPTER 6
GENERAL PROVISIONS
Article 23
Competent authority
Member States shall establish or designate the competent authority or authorities responsible for fulfilling the duties established under this Directive. Where more than one competent authority is designated, Member States shall establish arrangements for the coordination of the work of those authorities undertaken pursuant to this Directive.
Article 24
Transboundary cooperation
In cases of transboundary transport of CO2, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall jointly meet the requirements of this Directive and of other relevant Community legislation.
Article 25
Registers
The competent authority shall establish and maintain:
a register of the storage permits granted; and
a permanent register of all closed storage sites and surrounding storage complexes, including maps and sections of their spatial extent and available information relevant for assessing that the stored CO2 will be completely and permanently contained.
Article 26
Information to the public
Member States shall make available to the public environmental information relating to the geological storage of CO2 in accordance with the applicable Community legislation.
Article 27
Reporting by Member States
Article 28
Penalties
The Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 25 June 2011 and shall notify it without delay of any subsequent amendment affecting them.
Article 29
Amendments to the Annexes
The Commission is empowered to adopt delegated acts in accordance with Article 29a to amend the Annexes in order to adapt them to technical and scientific progress. Such adaptation may not result in a lowering of the level of safety provided by the criteria contained in Annex I or in a weakening of the monitoring principles contained in Annex II.
Article 29a
Exercise of the delegation
Article 30
Committee procedure
CHAPTER 7
AMENDMENTS
▼M1 —————
Article 32
Amendment of Directive 2000/60/EC
In Article 11(3)(j) of Directive 2000/60/EC, the following indent shall be inserted after the third indent:
injection of carbon dioxide streams for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that such injection is made in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide () or excluded from the scope of that Directive pursuant to its Article 2(2);
Article 33
Amendment of Directive 2001/80/EC
In Directive 2001/80/EC, the following Article shall be inserted:
‘Article 9a
Member States shall ensure that operators of all combustion plants with a rated electrical output of 300 megawatts or more for which the original construction licence or, in the absence of such a procedure, the original operating licence is granted after the entry into force of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide () , have assessed whether the following conditions are met:
Article 34
Amendment of Directive 2004/35/EC
In Annex III to Directive 2004/35/EC, the following paragraph shall be added:
The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide () ;
Article 35
Amendment of Directive 2006/12/EC
Article 2(1)(a) of Directive 2006/12/EC shall be replaced by the following:
gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide () or excluded from the scope of that Directive pursuant to its Article 2(2);
Article 36
Amendment of Regulation (EC) No 1013/2006
In Article 1(3) of Regulation (EC) No 1013/2006, the following point shall be added:
shipments of CO2 for the purposes of geological storage in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide () ;
Article 37
Amendment of Directive 2008/1/EC
In Annex I to Directive 2008/1/EC, the following point shall be added:
Capture of CO2 streams from installations covered by this Directive for the purposes of geological storage pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide () .
CHAPTER 8
FINAL PROVISIONS
Article 38
Review
▼M3 —————
In the report transmitted by 31 March 2015, the Commission shall assess in particular, on the basis of experience with the implementation of this Directive, in light of the experience with CCS and taking into account technical progress and the most recent scientific knowledge:
and shall present a proposal for revision of the Directive if appropriate.
Article 39
Transposition and transitional measures
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 25 June 2011. They shall forthwith communicate to the Commission the text of those measures.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Member States shall ensure that the following storage sites falling within the scope of this Directive are operated in accordance with the requirements of this Directive by 25 June 2012:
storage sites used in accordance with existing legislation on 25 June 2009;
storage sites authorised in accordance with such legislation before or on 25 June 2009, provided that the sites are used not later than one year after that date.
Articles 4 and 5, Article 7(3), Article 8(2) and Article 10 shall not apply in these cases.
Article 40
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 41
Addressees
This Directive is addressed to the Member States.
ANNEX I
CRITERIA FOR THE CHARACTERISATION AND ASSESSMENT OF THE POTENTIAL STORAGE COMPLEX AND SURROUNDING AREA REFERRED TO IN ARTICLE 4(3)
The characterisation and assessment of the potential storage complex and surrounding area referred to in Article 4(3) shall be carried out in three steps according to best practices at the time of the assessment and to the following criteria. Derogations from one or more of these criteria may be permitted by the competent authority provided the operator has demonstrated that the capacity of the characterisation and assessment to enable the determinations pursuant to Article 4 is not affected.
Step 1: Data collection
Sufficient data shall be accumulated to construct a volumetric and three-dimensional static (3-D)-earth model for the storage site and storage complex, including the caprock, and the surrounding area, including the hydraulically connected areas. This data shall cover at least the following intrinsic characteristics of the storage complex:
geology and geophysics;
hydrogeology (in particular existence of ground water intended for consumption);
reservoir engineering (including volumetric calculations of pore volume for CO2 injection and ultimate storage capacity);
geochemistry (dissolution rates, mineralisation rates);
geomechanics (permeability, fracture pressure);
seismicity;
presence and condition of natural and man-made pathways, including wells and boreholes which could provide leakage pathways.
The following characteristics of the complex vicinity shall be documented:
domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site;
population distribution in the region overlying the storage site;
proximity to valuable natural resources (including in particular Natura 2000 areas pursuant to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds ( 4 ) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora ( 5 ), potable groundwater and hydrocarbons);
activities around the storage complex and possible interactions with these activities (for example, exploration, production and storage of hydrocarbons, geothermal use of aquifers and use of underground water reserves);
proximity to the potential CO2 source(s) (including estimates of the total potential mass of CO2 economically available for storage) and adequate transport networks.
Step 2: Building the three-dimensional static geological earth model
Using the data collected in Step 1, a three-dimensional static geological earth model, or a set of such models, of the candidate storage complex, including the caprock and the hydraulically connected areas and fluids shall be built using computer reservoir simulators. The static geological earth model(s) shall characterise the complex in terms of:
geological structure of the physical trap;
geomechanical, geochemical and flow properties of the reservoir overburden (caprock, seals, porous and permeable horizons) and surrounding formations;
fracture system characterisation and presence of any human-made pathways;
areal and vertical extent of the storage complex;
pore space volume (including porosity distribution);
baseline fluid distribution;
any other relevant characteristics.
The uncertainty associated with each of the parameters used to build the model shall be assessed by developing a range of scenarios for each parameter and calculating the appropriate confidence limits. Any uncertainty associated with the model itself shall also be assessed.
Step 3: Characterisation of the storage dynamic behaviour, sensitivity characterisation, risk assessment
The characterisations and assessment shall be based on dynamic modelling, comprising a variety of time-step simulations of CO2 injection into the storage site using the three-dimensional static geological earth model(s) in the computerised storage complex simulator constructed under Step 2.
Step 3.1: Characterisation of the storage dynamic behaviour
At least the following factors shall be considered:
possible injection rates and CO2 stream properties;
the efficacy of coupled process modelling (that is, the way various single effects in the simulator(s) interact);
reactive processes (that is, the way reactions of the injected CO2 with in situ minerals feedback in the model);
the reservoir simulator used (multiple simulations may be required in order to validate certain findings);
short and long-term simulations (to establish CO2 fate and behaviour over decades and millennia, including the rate of dissolution of CO2 in water).
The dynamic modelling shall provide insight into:
pressure and temperature of the storage formation as a function of injection rate and accumulative injection amount over time;
areal and vertical extent of CO2 vs time;
the nature of CO2 flow in the reservoir, including phase behaviour;
CO2 trapping mechanisms and rates (including spill points and lateral and vertical seals);
secondary containment systems in the overall storage complex;
storage capacity and pressure gradients in the storage site;
the risk of fracturing the storage formation(s) and caprock;
the risk of CO2 entry into the caprock;
the risk of leakage from the storage site (for example, through abandoned or inadequately sealed wells);
the rate of migration (in open-ended reservoirs);
fracture sealing rates;
changes in formation(s) fluid chemistry and subsequent reactions (for example, pH change, mineral formation) and inclusion of reactive modelling to assess affects;
displacement of formation fluids;
increased seismicity and elevation at surface level.
Step 3.2: Sensitivity characterisation
Multiple simulations shall be undertaken to identify the sensitivity of the assessment to assumptions made about particular parameters. The simulations shall be based on altering parameters in the static geological earth model(s), and changing rate functions and assumptions in the dynamic modelling exercise. Any significant sensitivity shall be taken into account in the risk assessment.
Step 3.3: Risk assessment
The risk assessment shall comprise, inter alia, the following:
3.3.1. Hazard characterisation
Hazard characterisation shall be undertaken by characterising the potential for leakage from the storage complex, as established through dynamic modelling and security characterisation described above. This shall include consideration of, inter alia:
potential leakage pathways;
potential magnitude of leakage events for identified leakage pathways (flux rates);
critical parameters affecting potential leakage (for example maximum reservoir pressure, maximum injection rate, temperature, sensitivity to various assumptions in the static geological Earth model(s));
secondary effects of storage of CO2, including displaced formation fluids and new substances created by the storing of CO2;
any other factors which could pose a hazard to human health or the environment (for example physical structures associated with the project).
The hazard characterisation shall cover the full range of potential operating conditions to test the security of the storage complex.
3.3.2. |
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3.3.3. |
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3.3.4. |
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ANNEX II
CRITERIA FOR ESTABLISHING AND UPDATING THE MONITORING PLAN REFERRED TO IN ARTICLE 13(2) AND FOR POST-CLOSURE MONITORING
1. Establishing and updating the monitoring plan
The monitoring plan referred to in Article 13(2) shall be established according to the risk assessment analysis carried out in Step 3 of Annex I, and updated with the purpose of meeting the monitoring requirements laid out in Article 13(1) according to the following criteria:
1.1. |
Establishing the plan The monitoring plan shall provide details of the monitoring to be deployed at the main stages of the project, including baseline, operational and post-closure monitoring. The following shall be specified for each phase:
(a)
parameters monitored;
(b)
monitoring technology employed and justification for technology choice;
(c)
monitoring locations and spatial sampling rationale;
(d)
frequency of application and temporal sampling rationale. The parameters to be monitored are identified so as to fulfil the purposes of monitoring. However, the plan shall in any case include continuous or intermittent monitoring of the following items:
(e)
fugitive emissions of CO2 at the injection facility;
(f)
CO2 volumetric flow at injection wellheads;
(g)
CO2 pressure and temperature at injection wellheads (to determine mass flow);
(h)
chemical analysis of the injected material;
(i)
reservoir temperature and pressure (to determine CO2 phase behaviour and state). The choice of monitoring technology shall be based on best practice available at the time of design. The following options shall be considered and used as appropriate:
(j)
technologies that can detect the presence, location and migration paths of CO2 in the subsurface and at surface;
(k)
technologies that provide information about pressure-volume behaviour and areal/vertical distribution of CO2-plume to refine numerical 3-D simulation to the 3-D-geological models of the storage formation established pursuant to Article 4 and Annex I;
(l)
technologies that can provide a wide areal spread in order to capture information on any previously undetected potential leakage pathways across the areal dimensions of the complete storage complex and beyond, in the event of significant irregularities or migration of CO2 out of the storage complex. |
1.2. |
Updating the plan The data collected from the monitoring shall be collated and interpreted. The observed results shall be compared with the behaviour predicted in dynamic simulation of the 3-D-pressure-volume and saturation behaviour undertaken in the context of the security characterisation pursuant to Article 4 and Annex I Step 3. Where there is a significant deviation between the observed and the predicted behaviour, the 3-D model shall be recalibrated to reflect the observed behaviour. The recalibration shall be based on the data observations from the monitoring plan, and where necessary to provide confidence in the recalibration assumptions, additional data shall be obtained. Steps 2 and 3 of Annex I shall be repeated using the recalibrated 3-D model(s) so as to generate new hazard scenarios and flux rates and to revise and update the risk assessment. Where new CO2 sources, pathways and flux rates or observed significant deviations from previous assessments are identified as a result of history matching and model recalibration, the monitoring plan shall be updated accordingly. |
2. Post-closure monitoring
Post-closure monitoring shall be based on the information collected and modelled during the implementation of the monitoring plan referred to in Article 13(2) and above in point 1.2 of this Annex. It shall serve in particular to provide information required for the determination of Article 18(1).
( 1 ) OJ L 123, 12.5.2016, p. 1.
( 2 ) Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).
( 3 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
( 4 ) OJ L 103, 25.4.1979, p. 1.
( 5 ) OJ L 206, 22.7.1992, p. 7.