Legal framework CCS and further legal development of the Integrated Energy and Climate Programme of the German Federal Government

Carbon Dioxide Capture and Storage (CCS) in (deep) geological formations is a climate policy option that has attracted controversy in recent years. In 2012 the German Carbon Storage Act ( Kohlendioxid-Speicherungsgesetz , KSpG) was passed to implement the CCS Directive of the European Parliament and of the Council (2009/31/EC). However, delegated legislation on carbon storage has not yet been developed.

Based on the powers delegated in the primary legislation (§§ 25 and 32 KSpG) the present research project focuses on suggested designs of ordinances for underground carbon storage (German Carbon Storage Ordinance – Speicherverordnung ) and financial security for CCS projects (German Financial Security Ordinance – Deckungsvorsorgeverordnung ) that are legally certain. The project also discusses key points for transferring the responsibility for carbon storage to the public sector (German Transfer of Responsibility Ordinance – Verantwortungsübertragungsverordnung ).