Commission Publishes Questionnaire to be Used by Member States for reporting on CCS Directive Implementation

Today was published in the Official Journal of the European Union (OJEU L 37, 11.02.2011, p.19), the Questionnaire on the implementation of Directive 2009/31/EC on the geological storage of carbon dioxide (CCS Directive). Member States have the obligation to send such questionnaire to the European Commission every three years, and for the first time by 30 June 2011 (Article 27.1, CCS Directive).

The Commission is responsible for drafting the questionnaire, based on the procedure requirements of Directive 91/692/EEC on standardising and rationalising reports on the implementation of certain directive relating to the environment. In the case of the CCS Directive, the Commission has chosen to draft a questionnaire as it "appears to be best suited to ensure that the information provided by the Member States in their reports is complete and comparable." Such questionnaire will facilitate the work of the Commission, both in controling implementation of the CCS Directive by Member States and in evaluating the nature of the implementation strategies and the possible gaps in the regulatory approach of the EU.

In their answers, Member States must provide information on the following:

• the general implementation measures, such as national legislation, licensing systems, competent authorities;
• coordination of the permitting procedure;
• transboundary cooperation;
• selection of storage sites and exploration permits;
• storage permit applications, conditions and contents, as well as alteration to permits due to update or withdrawal;
• CO2 stream acceptance criteria and procedure;
• monitoring and reporting by parties, in particular the operator;
• inspections of storage sites, related facilities and complexes;
• leakages or significant irregularities;
• closure and post-closure obligations;
• transfer of responsibility;
• Financial security and financial mechanism;
• third party access;
• dispute settlement;
• registers of storage permits, sites (in operation or closed);
• information and participation of the public;
• penalties.

References: Commission Decision of 10 February 2011 introducing the questionnaire to be used for the first report on the implementation of Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of cabron dioxide, 2011/92/EU.