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For Storing Carbon Dioxide In Natural Rock Structures

Original Language Title: o ukládání oxidu uhličitého do přírodních horninových struktur

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85/2012 Coll.


LAW
Dated 7 February 2012

About storing carbon dioxide in natural rock structures and amending some laws


Change: 383/2012 Coll.

Change: 64/2014 Coll.

Parliament has passed this Act of the Czech Republic:
PART ONE


Carbon storage in natural rock structures
TITLE
I
PRELIMINARY PROVISIONS


§ 1
Subject Matter


(1) This Act transposes the relevant legislation of the European Union ^ 1) and
regulates the rights and obligations of legal entities and individuals
in carbon storage in natural rock structures and
state administration with related.

(2) This Act shall not apply to the storage of carbon dioxide into
natural rock structures with a total intended storage
below 100 kilotonnes, undertaken for research, development or testing
new products and processes.

§ 2
Basic concepts


For the purposes of this Act

A) the flow of carbon dioxide - the flow of substances that results from capture processes
carbon,

B) storage of carbon dioxide - injection of carbon dioxide into natural
rock structures with a view to a permanent detention in these
structures

C) carbon dioxide store - defined space within the natural
rock structures for storing carbon dioxide and related
surface and injection equipment as defined in the permit storage

D) storage complex - the storage of carbon dioxide and the surrounding rock
environment which may affect the overall integrity of the storage and security
storage of carbon dioxide

E) leakage of carbon dioxide - carbon dioxide is released from the storage
complex

F) serious irregularity - the difference between the values ​​stated in the plan
monitoring and actual values ​​observed during storage of carbon dioxide
on the deposited carbon dioxide or state storage
complex to show that the risk of carbon leakage
dioxide or risk to the environment or human health

G) substantial change - change in the operation storage of carbon dioxide, which
is not listed in the permit, and that can have a significant impact on
environment or human health,

H) serious risk - the connection probability and magnitude of damage
or environmental damage that can not be ignored without the
in the case of the carbon sink questioned its functionality or
security

I) corrective measures - measures taken to correct significant
irregularities or leakages of carbon dioxide to prevent
release of carbon dioxide from the storage complex, or a release
stop

J) transport network - the network of pipelines designed to transport carbon dioxide
storage of carbon dioxide, including associated booster
stations

K) operator - the person who operates or controls the storage site or
which was entrusted decisive economic power over the technical functioning of the storage site
.
TITLE II


Conditions for authorization of carbon dioxide store

§ 3

Permits storage operations dioxide

(1) Storage of carbon dioxide can be operated only with permission.
The repository of carbon dioxide and its amendments permitted by the Regional Mining Office
.

(2) Operations carbon sink in the district mining office
issued only to applicants who satisfy the financial requirements to ensure
fulfillment of all obligations under this Act.

(3) Financial assumptions referred to in paragraph 2 means the ability
applicant financially secure operation of the repository and the ability
secure the obligations arising from this Act and
permit issued on the basis thereof. Meeting financial requirements is ensured by establishing financial security
risk under § 16th applicant for authorization is
financially fit if it has registered with the tax authorities
Financial Administration of the Czech Republic or the Customs Administration of the Czech Republic recorded
arrear. Financial assumptions referred to in paragraph 2, the applicant does not meet
if over the past three years, the court annulled the bankruptcy
led to the assets of the applicant because it was satisfied schedule resolution, or

Court dismissed an insolvency petition because the debtor's assets
will not suffice to cover the costs of insolvency proceedings, or decide to cancel
bankruptcy because the debtor's assets is clearly inadequate.

(4) Permits for more than one store carbon dioxide in one
hydraulic unit represented hydraulically interconnected pore
space bounded by impermeable barriers where pressure communication can be measured by technical means
, the district mining office
issue only in the event that any mutual influencing pressure are such that when
sites can simultaneously meet dioxide
requirements for storage operation dioxide.

(5) The District Mining Authority authorizes operation of the storage of carbon dioxide only
such natural rock structures whose geological character
determined based on the results of a survey conducted by another law
^ 2) ensures that when
projected use of technology, carbon sequestration arises a serious risk of leakage
dioxide or serious risk to the environment or human health
and storage of carbon dioxide was determined protected area
under other legislation ^ 3).

§ 4

Management of operating permits storage of carbon dioxide

(1) Proceedings of the operating permit storage of carbon dioxide or changes
was initiated at the request of the applicant. Subject of proceedings for permission to operate
storage of carbon dioxide are the applicant, the municipality in whose territorial jurisdiction
be established carbon sink, persons meeting the requirements
under other laws ^ 4), and persons whose rights and
law protected interests or duties may be affected by permission.

(2) The Ministry of Industry and Trade issued a binding opinion ^ 5)
management of operating permits storage of carbon dioxide in natural rock structures along
depleted oil or combustible gas
. The binding opinion indicating in terms of raw material
policy and energy security of the country, whether they agree with storing
carbon dioxide in the proposed natural rock structures and
may stipulate conditions. If the terms of mineral policy and national energy security
preferable to use a natural rock
structures such as underground storage of flammable gas
issued a dissenting opinion.

(3) The management of cross-border traffic permits storage of carbon dioxide
cooperates with the District Mining Authority
competent authority of the Member State of the European Union.

(4) Where an application for operating permits storage of carbon dioxide shall
holder of the establishment of exploratory areas for prospecting and exploration
storage of carbon dioxide, issued pursuant to a legal provision
^ 2), takes precedence over other applicants for the same operation
repository assuming prospecting and exploration were completed, they were
fulfilled all the conditions laid down in the decision on the establishment of the exploration area and
application for operating permits storage of carbon dioxide was filed
by the applicant during the period of validity of the decision on the establishment of the exploration area
.

(5) During the procedure for operating permits storage of carbon dioxide should not be allowed to use
storage complex, which would be contrary to the purpose of this Act
. Authorization procedure contradictory storage utilization
complex initiated by another law is broken when it
proceedings for permission to operate the storage of carbon dioxide by
this Act. During the period of validity of the permit storage of carbon dioxide
not authorize the use of storage, which would
violation of the law.

(6) If the operation of the storage of carbon dioxide could be threatened
interests protected under other laws or proprietary or other rights of persons
apply mutatis mutandis enactment ^ 6) addressing conflicts of interest
.

(7) Unless stipulated otherwise, subject to the authorization procedure
operation storage of carbon dioxide Act regulating mining activities,
explosives and the State Mining Administration.

§ 5

Application for permission to operate the repository

(1) An application for permission to operate the storage of carbon dioxide must contain


A) business name or name, or names and surnames,
seat or place of residence, personal identification number, or the data box
applicant

B) the authorization number for mining activities ^ 7) the applicant

C) the number of certificates of professional competence racing ^ 8)
as natural persons responsible for operating the storage of carbon dioxide,

D) the total amount of carbon dioxide that has to be pressed and
saved, its potential sources, means of transport, the composition of flows
carbon dioxide injection speed and pressure, the location of equipment for injection and
its technical description,

E) a description of measures to prevent significant irregularities.

(2) An application under paragraph 1 shall be accompanied

A) the final report on the survey results and store carbon dioxide
storage complex by another law ^ 2)

B) a draft monitoring plan

C) the proposed plan of remedial measures

D) a draft plan for post-closure
carbon dioxide

E) an opinion or conclusion of preliminary proceedings issued by another
legislation ^ 9)

F) certificate that is not older than 30 days, the applicant is not
tax records to the authorities of Financial Administration of the Czech Republic or bodies
Customs Administration of the Czech Republic recorded arrears,

G) proof that the financial security risks required under § 16
enters into force and effective before commencement of injection,

H) documents to resolve conflicts of interest where the operation of the storage of carbon dioxide
could be a threat to the interests protected by other legal
regulations

I) documents proving ownership or other right of the applicant to land
intended for placement Injection equipment.

(3) The District Mining Office shall forward the application for operating permits storage of carbon dioxide
Czech Mining Office, which shall forward it to the European Commission (hereinafter
"Commission") to review within one month of its receipt.
Czech Mining Office Commission also make available other related material that
District Mining Authority takes into account when deciding whether to grant the permit
storage of carbon dioxide. After a period of review of the application by the Commission, which
begins on sending a request to the District Mining Authority
Czech Mining Office and ends on the day receiving the opinion of the Commission District Mining Office, running
deadline for a decision.

§ 6

Decision on the permit storage of carbon dioxide

(1) The decision on the permit storage of carbon dioxide in addition to the general requirements
Administrative Code shall

A) identification of the operator who is allowed to operate the storage of carbon dioxide
,

B) location and delimitation of the storage of carbon dioxide and storage complex and
information concerning the hydraulic unit natural rock structures

C) operating conditions of the storage of carbon dioxide, pressure limits repository
maximum speed and pressure of injection, the total amount of carbon dioxide
which is authorized to store the repository, and the highest amount of carbon dioxide
that is allowed to be stored in the repository
in one calendar year; this amount may not exceed 1 mil. tonnes of carbon dioxide
,

D) conditions on the composition and procedure of receiving the flow of carbon dioxide and
if necessary, additional conditions for injection and storage in particular to prevent significant irregularities
,

E) conditions for closure storage of carbon dioxide,

F) conditions relating to changes, review, updating and withdrawal of permission
operation

G) the terms of arranging and maintaining financial security risks

H) the conditions for the creation of financial reserves

I) the conditions for imposing a financial contribution to a special escrow bank account
.

(2) The annex to the decision on the permit storage of carbon dioxide forms


A) the monitoring plan

B) corrective action plan

C) a provisional post-closure plan the storage of carbon dioxide.

(3) The Czech Mining Office shall notify the Commission of a final decision of the District Mining Authority
operating permits storage of carbon dioxide. If
departs from the Commission opinion shall Regional Mining Office decision
reasons.

§ 7

Changes, review, update and withdrawal of the permit storage of carbon


Dioxide
(1) The operator is obliged to notify the District Mining Authority
any changes planned in the operation of the storage of carbon dioxide. Announcement
operator proves documentation, which will allow the District Mining Office
assess whether there is a substantial change in the operation of the storage of carbon dioxide
.

(2) Substantial change is a subject of inquiry proceedings by another
legal regulation 10). A substantial change operator can perform only
after issuing a new permit or changes
operating permits storage of carbon dioxide.

(3) The District Mining Office will review and, where necessary, amend or, if
necessary, revoke the permit storage of carbon dioxide,

A) if it has been notified of any leakage of carbon dioxide or
serious irregularities pursuant to § 11 para. 1, or if it has been notified to them,

B) if the reports submitted pursuant to § 10 or inspections carried out pursuant to § 21
suggests that failure to comply with permit conditions or threaten
serious risk of leakage of carbon dioxide, or are detected serious irregularities
, || |
C) if it is aware of any non-compliance with permit conditions,

D) if it appears necessary on the basis of the latest scientific findings and technological
progress

E) if the operator has notified amendments in accordance with paragraph 1, or

F) without prejudice to points a) to e), five years after issuing the permit and every 10 years
.

(4) The District Mining Authority after the coming into force of the decision to cancel
authorization under paragraph 3, decides to close the storage of carbon dioxide
if the Czech Mining Office within 30 days from the coming into force of the decision to cancel
decides to permit continued storage of carbon dioxide
. Czech Mining Office may impose other business
natural or legal person who has the authority for mining activities that
continued storage of carbon dioxide into issuing a new permit operation
storage of carbon dioxide.

(5) The District Mining Authority to issue a new permit temporarily takes
operator obligations relating to acceptance criteria
carbon dioxide monitoring and corrective measures implemented by
this Act, the surrender of allowances in case of leakages
according to another legal regulation 10) and preventive and remedial measures
carried out by another legal regulation 11). If, pursuant to paragraph 4
continuing the storage of carbon dioxide in charge
enterprising natural or legal person is behind the operator's obligations
responsible person.

(6) The operator, which was canceled authorization pursuant to paragraph 3,
obligated to reimburse costs demonstrably incurred in connection with
fulfillment of the obligations under paragraph 5. The District Mining Office
recover the costs of these and by drawing on the financial security pursuant to § 16th

TITLE III


OBLIGATIONS storage operation and post-

§ 8

Criteria and procedure for the adoption of carbon dioxide

(1) The flow of carbon dioxide must not contain significant quantities;
May contain incidental associated substances from the source or process
capture and storage and trace substances added to facilitate identification and validation
spread of carbon dioxide.
Concentrations of all incidental and added substances shall be below levels that would

A) adversely affect the integrity of the storage of carbon dioxide or
relevant transport infrastructure,

B) pose a serious risk to the environment or human health
or

C) were in conflict with other legislation ^ 12).

(2) Do entrapped, transported and deposited carbon dioxide
forbidden to waste or other substances for their removal.

(3) The Contractor carbon dioxide is responsible for ensuring analysis
passed dioxide and risk assessment and forward their results
recipients of carbon dioxide at the latest upon receipt
carbon dioxide.

(4) The operator is entitled to receive and store carbon dioxide flux
only if performed analysis of its composition and risk assessment
which includes determining the content of corrosive substances and sulfur compounds and
risk assessment hydrogen sulfide embrittlement.

(5) The operator must keep records of the quantity and characteristics

Delivered a stream of injected carbon dioxide, including its composition.

§ 9
Monitoring


(1) The operator is obliged to monitor the injection facilities, the storage complex
and where appropriate the surrounding environment for the purpose


A) comparing the actual behavior of carbon dioxide and water present in the store
with the behavior expected in the final report prepared by another law
^ 2)

B) detecting significant irregularities

C) detecting the movement of carbon dioxide

D) detecting a possible leakage of carbon dioxide and its volume

E) identify any significant adverse effects on the surrounding
environment, in particular on drinking water, for human populations, or users of the surrounding biosphere
,

F) assessing the effectiveness of corrective measures

G) updating the assessment of the safety and integrity of the storage complex
in the short and long term, including an assessment of whether the stored carbon dioxide
completely and permanently contained.

(2) The monitoring is carried out according to the monitoring plan.
Criteria for drawing up and monitoring plan and monitoring
after the conclusion set out in the Annex to this Act.

(3) The operator shall update the monitoring plan
least once every 5 years. The operator at the account of the changes regarding
assessed risk of leakage, changes to the assessed risks to the environment
environment and human health, new scientific knowledge and progress in
best available technology.
Updated monitoring plan submitted by the operator District Mining Authority with a request to change
operating permits storage of carbon dioxide.

(4) Monitoring under this Act shall not affect the obligations
detect, report and verify greenhouse gas emissions by
another legal regulation 10).

§ 10
Reporting


(1) An operator shall submit to the District Mining Office in
deadlines set by it, but at least once a year,

) All results of the monitoring pursuant to § 9 for the period of which is given
report, including information on the monitoring technology employed,

B) proof of the composition and maintaining financial security risks according to § 16

C) other information which is necessary for the purposes of assessing compliance with permit conditions
storage and dissemination of knowledge about the behavior of carbon dioxide in
store carbon dioxide.

(2) The operator is obliged to submit the District Mining Authority
to 15 March of the following calendar year information on the quantity and characteristics
carbon dioxide streams, including its composition, which were
delivered and pressed into carbon storage
dioxide for the previous calendar year, and which have been registered pursuant to § 8. 5th

§ 11

Measures in case of leakages or significant irregularities

(1) The operator is obliged to notify
District Mining Office and the Ministry of the Environment of any leakages or carbon dioxide
serious irregularities and implement necessary corrective measures
including their announcement.

(2) corrective measures, including measures related to the protection of human health
, performed by the operator on the basis of the plan of remedial measures
.

(3) The District Mining Authority may order the operator making the necessary
corrective measures to prevent evasion of carbon dioxide or serious
irregularities and measures related to the protection of human health and
establish deadlines for their implementation. The operator is obliged to perform
measures ordered, at its own expense. These measures can complement
measures set out in the corrective action plan or may be different.

(4) If the operator fails to take the necessary corrective measures or failing
able to take corrective action under paragraph 3 or, in the case
danger of delay to ensure the necessary corrective action
District Mining Authority at the operator's expense which was required by paragraph 1
take corrective action. Czech Mining Office may impose
other business person or legal entity who has the authority to
mining activities to take the necessary corrective measures.
Commission staff of the district mining office or authorized sole trader

Or legal persons are for this purpose may enter
buildings and equipment operators implement the necessary measures.

(5) Costs incurred in connection with the measures referred to in paragraphs 3 and 4
preferably paid by drawing on the financial security risks according to § 16
operator, which was required under paragraph 1
corrective measures It has the duty to supplement the financial security so that
requirements for financial security risks and conditions set out in
decision on the permit storage of carbon dioxide.

(6) If not all the costs incurred in connection with measures
under paragraphs 3 and 4 cover the risks of financial security, exacts
operator the costs the District Mining Authority.

§ 12

Obligations in concluding the storage of carbon dioxide and its conclusion

(1) Storage of carbon dioxide will be closed if the conditions stated in the permit
traffic or on a reasoned request
operator, upon approval of the District Mining Authority.

(2) The operator is obliged to store carbon dioxide if
District Mining Authority cancels a permit under § 7 para. 3 and Czech Mining Office
subsequently decides to proceed with the storage of carbon dioxide pursuant to § 7
paragraph. 4th

(3) The operator is obliged to permanently seal the storage of carbon dioxide and dismantle
injection device prior to its closure within 1 year from the date of approval
request under paragraph 1 or the date of repeal
authorization pursuant to paragraph 2.

(4) Following the conclusion of the storage of carbon dioxide pursuant to paragraph 1
operator is still obliged to monitor, report,
perform corrective actions in accordance with the requirements laid down by the law and fulfill
obligations relating to the surrender of allowances in case
escape by another legal regulation 10) and preventive and remedial measures
carried out by another legal regulation 11) to transfer
obligations pursuant to § 13 para. 1 to 5

(5) The obligations under paragraph 4, the operator performs on the basis of a plan
post-closure carbon dioxide, which will develop
on the information collected and modeled during the implementation
monitoring plan pursuant to § 9. 1 .

(6) The operator is obliged before concluding the storage of carbon dioxide pursuant to paragraph 1
changed the preliminary plan for the post-closure
storage of carbon dioxide, and taking into account the risk analysis
leakage of carbon dioxide, risk to the environment or human health
best practices and best available techniques.
Operator is obliged to submit the amended plan to the District Mining Authority for approval.
By approving this plan becomes mandatory for post-closure
storage.

(7) Following the conclusion of the storage of carbon dioxide under paragraph 2
District Mining Authority is obliged to carry out monitoring and corrective measures pursuant
requirements stipulated by this law and obligations related
surrender of allowances in case of leakages by another legal regulation 10)
and preventive and remedial measures implemented by another
legal regulation 11). Czech Mining Office may impose other business
natural or legal person who has the authority for mining activities
to conduct post-closure carbon dioxide.

(8) The post-closure requirements pursuant to this Act shall meet at
basis of the provisional post-closure plan the storage of carbon dioxide
referred to in paragraph 5, which will be updated as necessary.
If, pursuant to paragraph 7 for conducting the operations after closure
dioxide entrusted to a natural person or legal entity shall submit
after updating the preliminary plan of action
District Mining Office together with the application to change the permit storage of carbon | || dioxide.

(9) operator, which was revoked authorization pursuant to paragraph 3,
obligated to reimburse costs demonstrably incurred in connection with
fulfillment of the obligations under paragraph 7. The District Mining Office
recover the costs of these and by drawing on the financial security pursuant to § 16th


§ 13


Transition responsibility
(1) If the storage of carbon dioxide matched according to § 12 para. 1
the obligations related to monitoring and implementation

Corrective measures pursuant to this Act, the surrender of allowances in
case of leakage under another legal regulation 10) and preventive and remedial measures implemented
according to another legal regulation 11)
District Mining Authority, which has authorized the operation of the repository.
Czech Mining Office may impose other natural person or legal entity
who has the authority for mining activities to pursue activities after
transition obligation arising from this Act.

(2) Procedure for approval of the transfer of obligations launches District Mining Authority
ex officio or at the request of the operator. The District Mining Office issued
approval decisions duties, subject to the following conditions
:

A) all available evidence indicates that the stored carbon dioxide
is and will be completely and permanently contained,

B) have elapsed since the conclusion of the storage of carbon dioxide provided
District Mining Authority; This period shall not be shorter than 20 years, with
unless the operator demonstrates District Mining Authority on
basis of a report prepared by a competent person under the legislation of another
^ 2) that the criterion referred to in subparagraph a)
be fulfilled before its expiry

C) a financial contribution from the operator stored in a special escrow bank account
Czech Mining Office according to § 18

D) storage of carbon dioxide has been sealed and the injection facilities have been removed
or otherwise removed.

(3) An operator shall draw up a report
professionally qualified person under other legislation ^ 2) demonstrating that
requirement pursuant to paragraph 2. a) has been met and submit it
District Mining Authority with a request to approve the transfer of responsibility.
This report shall demonstrate

A) the conformity of the actual behavior of the stored carbon dioxide behavioral model
according to the final report prepared by another legal regulation
^ 2)

B) the absence of any detectable leakage of carbon dioxide

C) that the storage of carbon dioxide is approaching the state
long-term stability.

(4) If the conditions under paragraph 2. a) and b) are met, draw
District Mining Authority draft approval decisions
obligations. In particular, the draft decision shall specify the method determines that
conditions pursuant to paragraph 2. d) have been met, and all
updated requirements for the sealing of the storage of carbon dioxide,
dismantling or removal of other injection equipment.
Draft decision and all materials which takes into account when preparing a draft decision sends
District Mining Office Czech Mining Office. The District Mining Office
reject the application if the conditions pursuant to paragraph 2. a) and b) are not met
.

(5) The Czech Mining Office shall make the reports referred to in paragraph 3
Commission within one month after receipt. Czech Mining Office within the same period
Commission to make available other related material that
District Mining Office into account when preparing the draft approval decisions
responsibilities, and sends the proposal to the Commission, including any other
materials which took the District mining Authority in its decision into account.

(6) During the examination of the Commission's decision, which begins on
sending the draft decision of the Czech Mining Office and ends on receipt of the Commission's opinion
District Mining Office, running the deadlines for issuing decisions
. If the conditions under paragraph 2. a) to d)
met, the District Mining Authority will issue a decision after the entry into force
forward it to the Czech Mining Office. Czech Mining Office notifies a final decision
Commission. If the decision departs from the Commission opinion
state District Mining Authority in its decision the reasons why the decision
deviates from the Commission opinion.

(7) After the coming into force of the decision approving the transfer of obligations
ends checks carried out in accordance with § 21 and monitoring may be reduced to
level which allows for detection of leakages or carbon dioxide
serious irregularities. If any leakages of carbon dioxide or serious irregularities
monitoring shall be conducted on a larger scale for
to assess the scale of releases carbon dioxide or
serious irregularities and effectiveness of corrective measures. Monitoring can range

Order the District Mining Authority.

(8) If by reason of misconduct operator, including cases
deficient data, concealment of information, negligence, fraud or
failure to exercise due diligence, not the cost of the post-closure
carbon dioxide and the necessary corrective measures
covered by a financial contribution under § 18, bears this cost operator.

(9) If the storage of carbon dioxide matched according to § 12 para. 2
deemed to transition responsibility to have taken place at the time of acquisition
legal decision on approval of the transfer of obligations.
District Mining Authority issues a decision approving transfer of obligations in the event that
all available evidence indicates that the stored carbon dioxide will be completely and permanently contained
occurred to seal the storage of carbon dioxide, the dismantling
injection equipment or otherwise removed.
TITLE IV

FINANCIAL INSTRUMENTS


§ 14

Fee for carbon storage

(1) The payer of the fee for the storage of carbon dioxide is the operator
has been issued operating permits storage of carbon dioxide.

(2) The fee for the storage of carbon dioxide is carbon dioxide,
which is stored in natural rock structures.

(3) The charge for carbon dioxide storage is the amount of carbon dioxide stored
into natural rock structures rounded to whole tons
up.

(4) The rate of the fee for the storage of carbon dioxide is CZK 1 per tonne of carbon dioxide saved
into natural rock structures.

(5) Fee period is the calendar year.

(6) The taxpayer is obliged to March 15 of the year immediately following the end of the
fee period to bring regional mining authorities
fee statement.

(7) The form and structure of the fee statement, including prescribed data sets
Czech Mining Office Decree.

(8) The fee for storage of carbon dioxide is payable within 30 days of receipt
payment.

(9) The administrator of charge for carbon dioxide storage is
district mining office competent according to the location of Injection
devices for storing carbon dioxide in natural rock structures.

(10) Fees for storage of carbon dioxide income of the municipality, on
whose cadastral territory the injection device for storing
carbon dioxide into the natural rock structures.
Fee administrator converts the revenue from the tax community within 30 days from the date of payment of the fee
account of the relevant District Mining Authority.

§ 15
Financial security


(1) The applicant for the permit storage of carbon dioxide is required
prove that it is able to provide appropriate financial security that covers


A) risks during operation and after closure (hereinafter "financial
security risks")

B) the expected costs related to obligations for closure and post-closure
carbon dioxide and after the transition obligations (hereinafter
"nest egg").

(2) A method of creating financial security and outflows of funds from
financial security determined by the Government.

§ 16
Financial security risks


(1) The financial security risks can use these tools in particular:

A) insurance

B) escrow account,

C) bank guarantee

D) financial security ^ 13).

(2) risks during operation and after closure means particularly

A) the formation of the cost of implementing remedies

B) the incurrence of costs associated with the fulfillment of the obligations arising from another
legal regulation 11)

C) the creation of the monitoring costs in the period between the closure plan and
transition obligations that are not covered by a financial reserve.

(3) Financial security risks must enter into force and effective before commencement of injection
and shall remain valid and effective

A) after closure of carbon dioxide according to § 12 para. 1
into legal force approval decisions
obligations under § 13 par. 6, or

B) after canceling the permit storage of carbon dioxide pursuant to § 7
paragraph. 3 until the entry into force of the new operating permits, or if
storage of carbon dioxide matched according to § 12 para. 2 and was provided

Financial contribution under § 18, until the transfer of responsibility pursuant to § 13 paragraph
. 9th

(4) Changes to the financial security risks, including changes to its above
approved by the Regional Mining Office.

(5) The District Mining Authority may authorize merge multiple tools for financial security
risk for more storage of carbon dioxide if operated
one operator and not jeopardizing their effectiveness.

(6) The operator must ensure that the District Mining Authority was entitled to draw on financial instruments
security risk funds for purposes
specified in § 11 par. 3 and 4

(7) Funds in the escrow account, which consists
financial security risks should not be subject of the hedge must be
included in the estate and are not subject to enforcement or execution
.

(8) The operator is obliged to create financial security risks by
conditions laid down in the decision on the permit storage of carbon dioxide
. Approval to the use of funds from the financial
security risks in the form of a blocked bank account gives
District Mining Office, unless the case referred to in paragraph 6.

§ 17
Financial reserve


(1) Financial provision creates an operator in the form of an escrow bank account
. Financial reserve covers

A) costs for monitoring and ensuring the full and permanent detention
carbon dioxide storage from the storage site to the transition
obligations

B) sealing the storage, removal and removal of other injection equipment

C) a financial contribution under § 18th

(2) The financial reserve is a cost for achieving, maintaining and securing income
^ 14), and should not be included in the estate
not subject to enforcement or execution and should not be used for other storage
carbon dioxide or for any other purpose other than for which it was created
.

(3) Utilization of funds from the financial reserve
approved by the Regional Mining Office. Operator's request for mobilization of financial reserves must be documented
estimated cost of fulfilling the obligations specified in paragraph 1
District Mining Authority approves the organization drawdown of financial reserves
intended to provide a financial contribution under § 18 before moving || | obligations under § 13.

(4) If an operator expires or is bankrupt ^ 15), the district mining office
decide to supplement the financial reserves of the financial
security risks.

(5) Proceeds from the special bank account under paragraph 1
not part of the financial reserves.

§ 18
Financial contribution


(1) The financial contribution means financial resources intended to cover
monitoring costs and to ensure full and continuous detention
carbon dioxide storage sites after the transfer of carbon dioxide duties.

(2) The operator is required before switching duties according to § 13
impose a financial contribution to a special escrow account
Czech Mining Office.

(3) The contribution reflects a criterion for describing and assessing
storage complex in terms of potential storage of carbon dioxide
according to another law ^ 2) or
parameters related to the course of storing carbon dioxide important for
determining responsibility for at least 50 years from the transfer of responsibilities.

(4) The financial contribution deposited in a special escrow account
the Czech Mining Office, is not subject to income tax.
TITLE V


Access to transportation and storage CARBON DIOXIDE

§ 19

Access to transport network and storage of carbon dioxide

(1) Operators of facilities to capture and transport carbon dioxide
have the right of access to existing transport networks of carbon dioxide and
to storage of carbon dioxide permitted under this law if

) Allows the storage capacity of carbon dioxide found in a survey conducted by
another legal regulation 2)

B) allows the capacity of the transmission network, which is available or can be reasonably assured
,

C) does not exclude the incompatibility of technical specifications which can not
delete

D) do not exclude the reasonable needs of the owner or operator
storage of carbon dioxide or the transport network and the interests of other users of the storage

Carbon dioxide, or a network issue
processing or handling facilities

E) does not interfere with the fulfillment of international obligations of the Czech Republic in
reducing carbon dioxide emissions ^ 16).

(2) The operator of the transport network or the storage of carbon dioxide is
shall provide access to the transport network or the storage of carbon dioxide
. The operator may refuse access due to insufficient
capacity, in which case it is obliged to justify refusal properly.

(3) The operator of the transport network or storage of carbon dioxide that
refused access because of lack of capacity or lack
connection is required to perform all necessary improvements if they are
economical or if it is for These potential customer is willing to pay for
assumption that it will not adversely affect the safety
transport and storage of carbon dioxide to the environment.
TITLE VI


Performance of public administration, inspections and sanctions

§ 20

Execution of public administration

(1) Public Administration under this Act shall be executed

A) The Ministry of the Environment,

B) The Ministry of Industry and Trade,

C) the Czech Mining Office,

D) District Mining Authority.

(2) The Ministry of Environment

A) exercises the powers of the central administrative authority in the transport
carbon dioxide in order to save it to a natural rock
structures

B) controls, both natural and legal persons are meeting the obligations regarding
the transport of carbon dioxide resulting from this Act and the decision
issued on its basis

C) coordinating research and technological development tracks within the capture, transport and storage
carbon,

D) forward to the Commission every three years on the implementation of this Act
drawn up on the basis of the requirements of the Commission

E) is the competent authority in cases of cross-border transport of carbon dioxide
.

(3) The Ministry of Industry and Trade issued a binding opinion of the management
operating permits storage of carbon dioxide in natural rock structures along
depleted oil or natural gas deposits.

(4) The Czech Mining Office exercises the powers of the central administrative authority in
field of carbon storage in natural rock structures
extent provided by other legislation ^ 17) and

A) determines how the district mining authorities fulfill their obligations under this
Act

B) keep summary records of issued operating permits storage of carbon dioxide and
records of closed storage of carbon dioxide
surrounding storage complexes, including maps and sections of their spatial extent and
available information relevant for assessing whether
will be stored carbon dioxide completely and permanently contained,

C) access to information repositories of carbon dioxide by the procedure
another legal regulation 18)

D) send to the Commission a request for permission to operate the storage of carbon dioxide and
announce her final decision on the permit storage of carbon dioxide
,

E) decide on continued storage of carbon dioxide

F) makes reports to the Commission and other related materials

G) the Commission announces final approval decisions
obligations

H) publish the form and structure of the fee statement
including the information prescribed manner enabling remote access,

I) authorizes a natural person or legal entity who has
permission for mining activities to implement the activities under this Act
.

(5) The District Mining Authority in addition to the scope stipulated by a legal regulation
^ 17)

A) issuing operating permits storage of carbon dioxide,

B) cooperate with the competent authority of another Member State of the European Union
management of cross-border traffic permit storage of carbon dioxide
,

C) reviewed, changed and deleted issued operating permits storage of carbon dioxide
,

D) decide on the closure of the storage of carbon dioxide,

E) instruct the operator the necessary corrective action and
measures related to the protection of human health, or
sets deadlines for their execution and ensure their implementation at the expense
operator

F) ensuring that the necessary remedial action at the expense
operator


G) approve the request for entering the storage of carbon dioxide,

H) fulfill the obligations in the revocation of operating permits and after
transition obligations

I) shall recover the costs demonstrably incurred in connection with the implementation
necessary corrective actions or performance of obligations after the conclusion
storage

J) issue approval decisions duties

K) perform administrative fee for depositing carbon,

L) approve changes to the financial security risks, including changes to its
above

M) allow consolidation of multiple security tools for financial risk

N) approve the drawdown of funds from the financial reserve

O) carry out inspection activities pursuant to this Act,

P) impose fines for administrative offenses under this Act.

§ 21
Control activities


(1) Within its scope carried out by the authorities referred to in § 20 control
both natural and legal persons fulfilling the obligations arising from this Act
decisions issued on the basis thereof. The supervisory authorities according to §
20 par. 4 and 5 store action and issue binding orders to remedy identified deficiencies
under this Act.

(2) The District Mining Office performed before closing the storage of carbon dioxide
his check at least once a year. After closing the store
dioxide checks are carried out at least once a year within three years
after closure and every five years until transfer of responsibility pursuant to §
13. After closing the storage of carbon dioxide controls focus || | device for the injection and monitoring impacts on the storage complex
environment and human health.

(3) The District Mining Authority carry out routine inspections of storage of carbon dioxide
when they notified of leakages or significant irregularities pursuant
§ 11 paragraph. 1, or when they are alerted, if the reports by
§ 10 of the lack of compliance with permit conditions, if necessary
investigate serious complaints related to the environment or human health
, or in other situations where they consider it appropriate
.

(4) The District Mining Authority drawn up after each inspection storage of carbon dioxide
inspection report, stating whether
further action is needed. District Mining Authority shall publish a report on
inspection within 2 months from the completion of the inspection; Protocol on the Control
in the event of an inspection pursuant to paragraph 3 of the District Mining Authority passes
Czech Mining Office and the Ministry of the Environment.

(5) During the checks, verifies the public authority
fulfillment of the obligations under this Act, the regulations issued for its implementation
and other legislation if they relate to store
carbon dioxide into natural rock structures
or arising from decisions by public authorities and imposes remedial measures.

§ 22

Administrative offenses of legal entities and individuals

(1) A legal or natural person commits an administrative offense
that conflict with § 3 para. 1 operates storage of carbon dioxide
without permission.

(2) The applicant for the permit storage of carbon dioxide
commits an administrative offense that the application provides false data in violation
§ 5, paragraph 1 and 2.

(3) The operator commits an administrative offense by

A) operates the storage of carbon dioxide in violation of an authorization pursuant to § 3
paragraph. 1

B) comply with the notification obligation pursuant to § 7 para. 1

C) carry out significant changes in the operation of the storage of carbon dioxide
without issuing new or modified operating permit storage of carbon dioxide
contrary to § 7 para. 2

D) receives and stores carbon dioxide in conflict with § 8. 1

E) contrary to Article 8 §. 2 is added to the stored carbon dioxide waste
or other substances in order to eliminate them,

F) does not record the quantities and qualities supplied and embossed carbon dioxide
contrary to § 8. 5

G) does not monitor pursuant to § 9. 1 and 2, or fails to update
monitoring plan pursuant to § 9. 3,

H) contrary to § 10 fails to report to the District Mining Authority in law
specified range,

I) in contravention of § 11 para. 1 notifies releases carbon dioxide and
serious irregularities or implement the necessary corrective measures


J) in contravention of § 11 para. 3 does not perform the necessary corrective measures and
measures relating to the protection of human health when he was
District Mining Authority ordered,

K) in contravention of § 12 para. 1 closes the storage of carbon dioxide,

L) fails to fulfill obligations under § 12 para. 2

M) after closure dioxide fulfilling the obligations pursuant to § 12 paragraph
. 6 and 7, or performs in conflict with the post-closure plan pursuant
§ 12 paragraph. 5

N) provides false data in the report according to § 13 para. 3
intend to pretend that it meets the conditions for approval of the transfer of obligations under §
13

O) in contravention of § 17 para. 1 does not create a financial reserve

P) inconsistent with § 18 par. 2 shall not impose a financial contribution on special
escrow account in a bank,

Q) in contravention of § 19 para. 2 does not provide access to the storage of carbon dioxide
,

R) in contravention of § 19 para. 3 does not necessary improvements
storage of carbon dioxide.

(4) The Contractor dioxide commits an administrative offense by

A) contrary to Article 8 §. 2 adds to captured, transported and deposited
carbon dioxide waste or other matter for the purpose of removing
,

B) contrary to Article 8 §. 3 does not provide an analysis of the delivered
dioxide and risk and does not pass the results recipients
carbon dioxide at the latest upon receipt of carbon dioxide.

(5) The transmission network commits an administrative offense by

A) contrary to Article 8 §. 2 adds to captured and transported
carbon dioxide waste or other substances in order to eliminate them,

B) contrary to § 19 para. 2 does not provide access to the transmission network,

C) contrary to § 19 para. 3 does not necessary improvements
storage of carbon dioxide.

(6) An administrative offense under paragraphs 1-5 shall be fined up

A) 1,000,000 CZK, for an administrative offense under paragraph 1, paragraph 2, paragraph 3
point. e) i), l), m), n), o), p) and under paragraph 4

B) 2,000,000 CZK, for an administrative offense pursuant to paragraph 3. d) f)
g), j), k)

C) 5,000,000 CZK, for an administrative offense pursuant to paragraph 3. a), b)
c), h), q), r) and according to paragraph 5.

§ 23

Joint provisions on administrative offenses

(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.

(2) In determining the amount of the fine takes into account the seriousness of the administrative offense, especially the manner
committed and its consequences and the circumstances under which it was committed
.

(3) The liability of a legal person for an administrative tort shall expire if
administrative authority did not commence proceedings within 3 years from the date when it became
but no later than 5 years from the date when it was committed .

(4) Administrative offenses under this Act in the first instance and
fine for them imposes District Mining Authority. Administrative offenses listed in § 22 paragraph
. 5 discusses and penalties for them imposed Ministry of Environment
environment.

(5) The liability for conduct that occurred in the business of a natural person
^ 20) or in direct connection therewith, shall be subject to the provisions of this
Act on liability and sanctions to legal persons.

(6) Penalties are levied by the authority which imposed them. Revenue from fines is
state budget revenue.

§ 24
Common provisions


Carbon sequestration in natural rock structures on the territory of the Czech Republic can not be
under this Act until 1 January 2020 permit.
PART TWO


Change Mining Act

§ 25

Law no. 44/1988 Coll., On protection and utilization of mineral resources (upper
Act), as amended by Act no. 541/1991 Coll., Act no. 10/1993 Coll., Act
C. 168/1993 Coll., Act no. 132/2000 Coll., Act no. 258/2000 Coll., Act No.
. 366/2000 Coll., Act no. 315/2001 Coll., Act no. 61/2002 Coll., Act No.
. 320/2002 Coll., Act no. 150/2003 Coll., Act no. 3/2005 Coll., Act No.
. 386/2005 Coll., Act no. 186/2006 Coll., Act no. 313/2006 Coll., Act No.
. 296/2007 Coll., Act no. 157/2009 Coll., Act no. 227/2009 Coll. and
Act no. 281/2009 Coll., is amended as follows:

First At the end of § 1 the following sentence is added: "This Act incorporates the relevant regulations
EU-22)."

Footnote. 22 reads:

"22) European Parliament and Council Directive 94/22 / EC of 30 May

1994 on the conditions for granting and using authorizations for exploration
search and extraction of hydrocarbons.

Directive of the European Parliament and Council Directive 2009/31 / EC of 23 April 2009
on the geological storage of carbon dioxide and amending Council Directive
85/337 / EEC, European Parliament and Council Directive 2000/60 / EC ,
2001/80 / EC, 2004/35 / EC, 2006/12 / EC and 2008/1 / EC and Regulation (EC) no. 1013/2006
. ".

Second In § 18, paragraph 3 shall be added:

"(3) The protected area for special interventions into the earth's crust
set for the storage of carbon dioxide can not authorize activities that would lead to the disruption of tightness
storage of carbon dioxide.".

Third In § 30 paragraph. 1, the words "in paragraph 2" is replaced by "in paragraph 3
".

Fourth In § 30 after paragraph 7, the following paragraphs 8 and 9, which
including footnotes Nos. 23 and 24, added:

"(8) Carbon dioxide is forbidden to store in reserve deposits
or implied reserved mineral deposits ^ 23), with the exception
oil and combustible gas, into which you can enable storing carbon
dioxide under other legislation ^ 24) in connection with
increasing their overall exploit the.

(9) is pushed only carbon dioxide to increase the overall
exploit the oil and combustible gas or to
displacement coalbed methane from coal seams is not considered
storage of carbon dioxide in natural rock structures by
another legal regulation 24).

23) § 13 para. 1 of Law no. 62/1988 Coll., On geological work,
amended by Act no. 543/1991 Coll., Act no. 366/2000 Coll. and Act no. 186/2006 Coll
.

Annex no. 2 to Decree no. 369/2004 Coll., On the design, implementation and evaluation of geological works
, reporting and risk Geofactors
procedure for calculation of reserved deposits.

24) Act no. 85/2012 Coll., On the storage of carbon dioxide into natural
rock structures and amending certain laws. ".

Existing paragraph 8 shall be renumbered 10th

Fifth In § 34 para. 1 at the end of paragraph 1 is replaced by a comma and
letter d), which reads:

"D) storage of carbon dioxide in natural rock structures ^ 24).".

6th In § 34, after paragraph 3 the following paragraph 4, including
footnote. 25 reads:

"(4) The assessment of the suitability of the planned storage of carbon dioxide
done on search results and a survey conducted by
another legal regulation 25).

25) § 4 grams of Act no. 62/1988 Coll., As amended by Act no. 85/2012 Coll. ".

Former paragraph 4 becomes paragraph 5.
PART THREE


Amendment to the Act on geological works

§ 26

Law no. 62/1988 Coll., On geological works, as amended by Act no. 543/1991 Coll
., Act no. 366/2000 Coll., Act no. 320/2002 Coll., Act No. .
18/2004 Coll., Act no. 3/2005 Coll., Act no. 444/2005 Coll., Act no. 186/2006 Coll
., Act no. 124/2008 Coll., Act no. 223/2009 Coll., Act no. 227/2009 Coll
. and Act no. 281/2009 Coll., is amended as follows:

First § 1, including the heading and footnote no. 20 reads as follows:

"§ 1
Subject Matter


This Act incorporates the relevant regulations of the EU-20) and regulates
conditions for designing, implementing and evaluating geological
works, control and sanctions.

20) European Parliament and Council Directive 94/22 / EC of 30 May
1994 on conditions for granting and using authorizations for exploration
search and extraction of hydrocarbons.

Directive of the European Parliament and Council Directive 2009/31 / EC of 23 April 2009
on the geological storage of carbon dioxide and amending Council Directive
85/337 / EEC, European Parliament and Council Directive 2000/60 / EC ,
2001/80 / EC, 2004/35 / EC, 2006/12 / EC and 2008/1 / EC and Regulation (EC) no. 1013/2006
. ".

Second In § 2 at the end of paragraph 1 is replaced by a comma and
letter h), which including footnote no. 21 reads:

"H) identification and verification of geological and hydrogeological conditions
for the establishment, operation and disposal facilities for the storage of carbon dioxide into
natural rock structures ^ 21).

21) Act no. 85/2012 Coll., On the storage of carbon dioxide into natural
rock structures and amending certain laws. ".

Third Under § 4f following new § 4 g, including the heading and footnotes
fn. 22 reads:


"Special provisions for prospecting and exploration
storage of carbon dioxide in natural rock structures

§ 4 g

(1) The purpose of prospecting and exploration for the location storage of carbon dioxide
is to provide information for describing and assessing the suitability of the planned storage complex
^ 22) in terms of carbon sequestration.

(2) The criteria for describing and assessing planned
storage complex and surrounding areas, which are necessary for preparing the final report on the survey results
carbon sink and storage complex
are set out in the Annex to this Act.

(3) During the period of validity of the decision on the establishment of the exploration area
not authorize use of the planned storage complex, which would be contrary to the purpose
law on carbon dioxide storage in natural rock structures
and amending some laws especially those that could
lead to leakage of carbon dioxide from any future storage or
violation of its security.

(4) In addition to the requirements specified in § 4 para. 2 contains a request for
establishment of exploratory areas for prospecting and exploration
storage of carbon dioxide in natural rock structures proposal monitoring
injection tests.

(5) The procedure for establishment of exploratory areas for prospecting and exploration
transboundary sites dioxide cooperates with the Ministry
competent authority of another Member State of the European Union.

22) § 2. d) of the Act no. 85/2012 Coll. ".

Fourth In § 14 par. 2 letter f) reads:

"F) prospecting and exploration of natural rock structures suitable for
building underground reservoirs for the storage of natural gas or oil, or
for storing carbon dioxide ^ 21)."

Fifth Notes to the Act no. 62/1988 Coll. reads:

"Notes to the Act. No. 62/1988 Coll.

Criteria for describing and assessing the planned storage complex and surrounding area


First Basic data for describing and assessing the planned storage complex and surrounding area


For a description and assessment of the planned storage complex and surrounding areas
and construct a volumetric and static three-dimensional (3-D) model
geological storage site and storage complex including the caprock and
surrounding area, including the hydraulically connected areas
gather and obtain at least the following information about the intrinsic characteristics of the storage complex:

) Geology and geophysics,

B) hydrogeology (in particular existence of ground water intended for consumption
)

C) reservoir engineering (including volumetric calculations of pore
for carbon dioxide injection and ultimate storage capacity)

D) geochemistry (dissolution rates, mineralization
)

E) geomechanics (permeability, fracture pressure)

F) seismicity,

G) presence and condition of natural and man-made pathways, including wells and boreholes
which could provide leakage pathways.

The properties of the immediate surroundings of the planned storage complex
gather and obtain the following information:

A) whether the storage complex does not interfere in neighboring countries

B) what area surrounding the storage complex may be affected
storage of carbon dioxide in the store,

C) population distribution in the region overlying the storage of carbon dioxide
,

D) proximity to valuable natural resources (especially Natura 2000
potable groundwater and hydrocarbon deposits)

E) activities around the storage complex and possible interactions with them
(eg exploration, extraction and storage of hydrocarbons, geothermal use of aquifers
horizons and use of underground water)

F) Proximity to the potential sources of carbon dioxide (
including estimates of the total potential amount of carbon dioxide that is economical
available for storage) and adequate transport networks.

Second Assessment of the planned storage complex using three-dimensional static geological model


Assessment of the planned storage complex is performed by
dimensional static geological model following procedure.

02.01 Using the data referred to in paragraph 1 shall be built using computer reservoir simulators
creates a three-dimensional static geological model
potential storage complex including the caprock and the hydraulically

Connected areas and fluids or set of such models.
The static geological earth model shall characterize the complex in terms of:

) Geological structure of the physical trap,

B) geomechanical, geochemical and flow properties of the reservoir overburden
(caprock, seals, porous and permeable horizons) and surrounding formations
,

C) fracture system characterization and presence of any human-made pathways,

D) areal and vertical extent of the storage complex

E) pore space volume (including porosity distribution)

F) baseline fluid distribution,

G) any other relevant characteristics.

02.02 The uncertainty associated with each of the parameters used to build
model shall be assessed by developing a range of scenarios for each
parameter and calculating the appropriate confidence limits. Also assess
Any uncertainty associated with the model itself.

Third Description of the storage dynamic behavior, sensitivity characterization, risk assessment


The description and assessment of the dynamic behavior of the planned storage of carbon dioxide is used
dynamic modeling, comprising a simulation procedure
injection of carbon dioxide into the storage site using the three
static geological earth model foundation created by
point 2 in the computerized storage complex simulator.

3.1 Description of the storage dynamic behavior

In describing the storage dynamic behavior are taken into account at least the following factors
:

A) possible injection speed and flow properties of carbon dioxide,

B) the efficacy of coupled process modeling (ie., The way myself
various single effects in the simulator (s)

c) Reactive processes (ie. The way the feedback in the model
reaction of injected carbon dioxide with minerals in the storage location)

D) the reservoir simulator used (to validate certain findings
may be necessary to utilize multiple simulation)

E) short and long-term simulations (to determine the fate and behavior
carbon dioxide in decades and millennia, including the rate
solubility of carbon dioxide in water).

Result of dynamic modeling are model values ​​of these parameters
:

F) pressure and temperature of the storage formation as a function of injection rate and cumulative volume
injection in time

G) areal and vertical extent of carbon dioxide over time,

H) flow properties of carbon dioxide in the reservoir including phase
transformations

I) trapping mechanisms and rates of carbon dioxide (including spill points and
lateral and vertical seals)

J) secondary containment systems in the overall storage complex

K) storage capacity and pressure gradients in the store,

L) the risk of fracturing the storage formation (bearing formations) and overburden

M) the risk of carbon dioxide into the caprock,

N) the risk of leakage from the storage site (eg through abandoned or inadequately sealed wells
)

O) the rate of migration (in open-ended reservoirs)

P) fracture sealing rates,

Q) changes in fluid chemistry in formation (s)
and subsequent reactions (eg pH change, mineral formation) and inclusion of reactive modeling to assess
effects

R) displacement of formation fluids,

S) increased seismicity and ground.

03.02 Description sensitivity

For characterization of susceptibility to perform multiple simulations and determine the
sensitivity of the assessment to assumptions made about particular parameters
. The simulations shall be based on altering parameters in
static geological earth model, and changing
rate functions and assumptions in the dynamic modeling.
Any significant sensitivity shall be taken into account when assessing risk.

03.03 Risk assessment

Risk assessment mainly includes the following elements:

3.3.1. Description of danger

Description of danger lies in characterizing the potential for leakage from the storage complex
identified by the above-described dynamic modeling and security characterization
. In describing the dangers are taken into account, inter alia, the following factors
:

A) potential leakage pathways,

B) potential magnitude of leakage events for identified leakage pathways (
flow velocity)

C) critical parameters affecting potential leakage (eg. Maximal

Reservoir pressure, maximum injection rate, temperature, sensitivity to various assumptions
in the static geological earth model
subsoil)

D) secondary effects of storage of carbon dioxide
including displaced formation fluids and new substances created by storing carbon,

E) any other factors which could pose a danger to
human health or the environment (eg. Physical structures associated with the project
).

Description of danger encompasses the full range of operating conditions to test the security
storage complex.

3.3.2. Exposure assessment - based on the characteristics and environmental
distribution and activities of the human population above the storage complex, and
potential behavior and fate of carbon dioxide escaped
potential pathways identified in point 3.3.1.

3.3.3. Effects assessment - based on the sensitivity of particular
protected species, communities or habitats in the context of
potential leakage events identified in point 3.3.1. Assessment of the effects of
relevant cases includes events (asphyxiation; hypercapnia)
exposure to elevated concentrations of carbon dioxide in the biosphere, including land, and
reduced pH in those environments as a result of leakage of carbon dioxide.
Assessment of the effects also include an assessment of the effects of other substances that
may be present in leaking flows of carbon dioxide (
impurities present in the depressed stream or new substances formed through storage of carbon dioxide
. These effects will be assessed in longer
temporal and spatial scales, and according to different magnitudes of leakage events.

3.3.4. the risk - part of the description of the assessment of the safety and integrity
storage of carbon dioxide in the short and long
term, including an assessment of the risk of leakage under the proposed conditions of use and
worst impacts on the environment and health. the risk is
conducted based on the hazard, exposure and effects.
it includes assessment of the sources of uncertainty identified during
implementation of individual steps description and assessment of storage site and when feasible, a description
ways you can reduce uncertainty. ".

§ 27 Transitional provisions



holder establishment of the exploration area for special interventions into the earth's crust
, which came into force before the coming into force of this Act
that this exploration area
plans to conduct a search or survey for the storage of carbon dioxide into
natural rock structures, is obliged to submit a proposal to the Ministry
monitoring of injection tests within 6 months from the effective date of this Act.
Ministry will assess the proposal for the monitoring of injection tests and
amend the decision on the establishment of the exploration area.
PART FOUR


Change Assessment Act Environmental Impact

§ 28

Act no. 100/2001 Coll., On assessment of impacts on the environment and
amending certain related acts (Assessment
environment), as amended by Act no. 93/2004 Coll. Law no. 163/2006
Coll., Act no. 186/2006 Coll., Act no. 216/2007 Coll., Act no. 124/2008
Coll., Act no. 223/2009 Coll. Act no. 227/2009 Coll. and Act no. 436/2009 Coll
., is amended as follows:

First In Annex no. 1, Category I, Section 3.7, the word "service" is replaced
word "transportation" and the words "other substances", the words "including
carbon dioxide streams in order to store them in natural
rock structures and associated booster stations ^ 13). "

Footnote. 13 reads:

"13) Act no. 85/2012 Coll., On the storage of carbon dioxide into natural
rock structures and amending certain laws.".

Second In Annex no. 1 at the end of class I, the following points 11.1. and 2.11, are added
:

"11.1. Storage of carbon dioxide ^ 13) The cross is added to column A.

2.11 Installations for the capture of carbon dioxide for the purpose of storing
into natural rock structures ^ 13), from devices that
always subject to an assessment under this Act, or where the total yearly capture
dioxide 1 5 megatonnes or more.

The cross is added to column A. ".

Third In Annex no. 1, category II, Section 3.7. reads:


"7.3 Pipelines for the transport of gas, oil, steam, water and other substances on
length greater than 5 km and a diameter of 300-800 mm, if not included
category I; pipelines carbon dioxide streams for the purpose of storing
into natural rock structures ^ 13), if not included in category
I. '.

Fourth In Annex no. 1, category II, the following point 3.10 is added:

"3/10 Installations for the capture of carbon dioxide for the purpose of storing
into natural rock structures ^ 13) of the device, which is not in the category
I

The cross is added to column A. ".
PART FIVE


Change Waste Act

§ 29

In Act no. 185/2001 Coll., On waste and amending certain other
acts as amended by Act no. 188/2004 Coll., Act no. 7/2005 Coll., Act No.
. 9/2009 Coll., Act no. 157/2009 Coll. and Act no. 154/2010 Coll., § 2
paragraph. 1 letter f), including footnotes Nos. 51 and 52 reads:

"F) uncaptured emissions of air pollutants ^ 51), carbon dioxide
captured for the purpose of storage in natural rock structures and
stored in these structures in accordance with other legislation
^ 52) or carbon dioxide captured for the purpose
research, development or testing of new products and processes and
stored in the repository with a capacity of less than 100 kilotons

51) Act no. 86/2002 Coll., On air protection and amending certain other
laws (Air Protection Act), as amended.

52) Act no. 85/2012 Coll., On the storage of carbon dioxide into natural
rock structures and amending certain laws. ".
PART SIX


Change Water Act

§ 30

Act no. 254/2001 Coll., On waters and amending some laws (
Water Act), as amended by Act no. 76/2002 Coll., Act no. 320/2002 Coll., Act
C. 274/2003 Coll., Act no. 20/2004 Coll., Act no. 413/2005 Coll., Act No.
. 444/2005 Coll., Act no. 186/2006 Coll., Act no. 222/2006 Coll., Act No.
. 342/2006 Coll., Act no. 25/2008 Coll., Act no. 167/2008 Coll., Act No.
. 181/2008 Coll., Act no. 157/2009 Coll., Act no. 227/2009 Coll., Act No.
. 281/2009 Coll., Act no. 150/2010 Coll., Act no. 77/2011 Coll. and Act No.
. 151/2011 Coll., Is amended as follows:

First In § 17 at the end of paragraph 1 is replaced by a comma and
letter h), which including footnote no. 49 reads:

"H) to store carbon dioxide in natural rock structures
according to another legal regulation 49).

49) Act no. 85/2012 Coll., On the storage of carbon dioxide into natural
rock structures and amending certain laws. ".

Second In § 28 at the end of paragraph 2 is replaced by a comma and
letter h), which reads:

"H) to store carbon dioxide ^ 49) in hydrogeological structures
exploited or exploitable groundwater reserves.".

Third In § 29 at the end of paragraph 1 sentence "Carbon dioxide is forbidden to store
^ 49) in hydrogeological structures with significant reserves
quality of groundwater intended primarily to supply the population with drinking water
.".

Fourth In § 39 the following paragraph 12 is added:

"(12) Carbon sequestration ^ 49) into surface waters is prohibited.".
PART SEVEN


Amendment to the Integrated Prevention

§ 31

Annex no. 1 to the Act no. 76/2002 Coll., On integrated prevention and control of pollution
, the integrated pollution register and amending some laws
(Integrated Prevention Act), as amended by Act No. .
437/2004 Coll. and Act no. 222/2006 Coll., at the end of paragraph 6 the following point
06.09, which including footnote no. 27 reads:

"9.6 Capturing carbon dioxide from installations covered
Integrated Prevention Act, for the purpose of storage in natural rock structures
according to another legal regulation 27).

27) Act no. 85/2012 Coll., On the storage of carbon dioxide into natural
rock structures and amending certain laws. ".
PART EIGHT



Canceled
§ 32


Canceled PART NINE


Changing the law on prevention of environmental damage and its remedy

§ 33

Act no. 167/2008 Coll., On prevention of environmental damage and its remedy and
amendments to certain laws as amended by Act no. 227/2009 Coll. and Act no. 281/2009 Coll
., is amended as follows:

First Footnote. 50 reads:


"50) Act no. 157/2009 Coll., On the management of mining waste and amending
certain laws, as amended.".

Second In Annex no. 1 at the end of point 15 is replaced by a comma and
point 16, which including footnote no. 51 reads:

"16th operation of storage of carbon dioxide subject to authorization by
another legal regulation 51).

51) Act no. 85/2012 Coll., On the storage of carbon dioxide into natural
rock structures and amending certain laws. ".
PART TEN



EFFICIENCY
§ 34

This Act comes into force on the thirtieth day after the date of its publication.
Nemcova vr

Klaus vr

Nečas

Notes


CRITERIA FOR ESTABLISHING AND UPDATING THE MONITORING PLAN AND FOR POST-CLOSURE MONITORING


I. Establishing and updating the monitoring plan

The monitoring plan shall be drawn up on the basis of risk assessment analysis
made under section 3 of the Annex to the Act on geological works ^ 2)
updated in order to meet the monitoring requirements set out in §
9, paragraph. 1, based on these criteria:

First Developing a monitoring plan

01.01 Monitoring plan provides details of the monitoring to be
deployed at the main stages of the project, including baseline, operational
monitoring and monitoring after closure. For each phase down

) Parameters monitored,

B) the technical means to monitor and justify this
elections

C) monitoring locations and spatial reasoning selection
sampling

D) frequency of application and temporal sampling rationale.

02.01 Parameters to be monitored are selected so as to fulfill the purposes
. However, the monitoring plan shall in any case include
continuous or intermittent monitoring of the following:

A) fugitive emissions of carbon dioxide from Injection device

B) volume flow of carbon dioxide in estuaries injection wells

C) the pressure and temperature of carbon dioxide in estuaries injection drilling to
determine mass flow

D) pushed by chemical analysis of the material

E) the temperature and pressure of the carbon dioxide store to determine
phase behavior and state of carbon dioxide.

03.01 The choice of monitoring technology
based on best practice available at the time of design. It should be taken into account and
as appropriate to use these alternatives:

A) technology that will allow detect the presence, location and migration paths
carbon dioxide underground and on the surface,

B) technologies that provide information about pressure-volume behavior and
areal and vertical distribution of a cloud of carbon dioxide in order to improve
numerical simulation of three-dimensional geological models for
natural rock structures created under the Act on geological
works ^ 2) and its annexes,

C) technologies that provide a wide areal spread in order to capture
information on any previously undetected potential leakage pathways across the areal extent
storage complex and beyond, in the case
significant irregularities or migration of carbon dioxide out of
storage complex.

Second Updating the monitoring plan

The data collected from the monitoring shall be collated and interpreted.
The observed results were compared with the behavior předpověděným
in dynamic simulation of the pressure-volume and saturation behavior
undertaken in the context of the security characterization pursuant to the
geological work and its Annex (point 3).

In the event of a significant deviation between the observed and the predicted behavior to be recalibrated
D model to reflect the observed behavior
. The recalibration shall be based on data
observations from the monitoring plan; if it is necessary to
increase confidence in the recalibration assumptions, the
obtains the additional data.

Sections 2 and 3 of the Annex to the Act on geological works ^ 2) shall be repeated using the recalibrated
D model to
new hazard scenarios and flux rates and to revise and update the
risk assessment.

If by comparing the actual behavior of the reservoir model and

Model recalibration found new sources, pathways and flux rates
carbon dioxide, or if found significant deviations from previous
assessment, monitoring plan shall be updated accordingly.

II. Monitoring after closing

Monitoring after closure shall be based on information collected
and modeled during the implementation of the monitoring plan pursuant to § 9.
2 and section second serve in particular to provide information required for the purposes
§ 13 . 1st

1) Directive of the European Parliament and Council Directive 2009/31 / EC of 23 April
2009 on the geological storage of carbon dioxide and amending Council Directive
85/337 / EEC, European Parliament and Council Regulation 2000/60 / EC
2001/80 / EC, 2004/35 / EC, 2006/12 / EC and 2008/1 / EC and Regulation (EC) no. 1013/2006
.

2) Act no. 62/1988 Coll., On geological works, as amended
regulations.

3) § 34 par. 2 of Law no. 44/1988 Coll., On the protection and utilization of mineral
Resources (Mining Act), as amended by Act no. 541/1991 Coll.

§ 17 of Law no. 44/1988 Coll., As amended by Act no. 541/1991 Coll., Act no. 168/1993 Coll
., Act no. 132/2000 Coll. and Act no. 258/2000 Coll.

§ 6 of Decree no. 364/1992 Coll., On protected deposit areas.

4) For example, § 23 para. 9 of the Act no. 100/2001 Coll., On the assessment of
environment and amending certain related acts (
assessment of impacts on the environment), as amended by Act no. 93/2004 Coll.
Act no. 163/2006 Coll., Act no. 186/2006 Coll. and Act no. 436/2009 Coll.

5) § 149 of the Administrative Code.

6) § 33 of Act no. 44/1988 Coll., As amended by Act no. 541/1991 Coll., Act No.
. 168/1993 Coll., Act no. 320/2002 Coll., Act no. 386/2005 Coll. and
Act no. 186/2006 Coll.

7) § 5 para. 2 of Act no. 61/1988 Coll., As amended by Act no. 315/2001 Coll.
Act no. 206/2002 Coll., Act no. 226/2003 Coll. Act no. 376/2007 Coll.
Act no. 124/2008 Coll., Act no. 189/2008 Coll. and Act no. 223/2009 Coll.

Decree no. 15/1995 Coll., On authorization of mining activities and activities
mining methods, as well as projects for buildings and
devices that are part of these activities, as amended
regulations.

8) § 2. c) Decree no. 298/2005 Coll., on requirements for professional
qualifications and professional competence in mining activities or activities
mining methods and amendments to some laws in
amended by Decree no. 240/2006 Coll.

9) Act no. 100/2001 Coll., As amended.

10) Act no. 695/2004 Coll., On conditions allowance trading
greenhouse gas emissions and amending certain laws, as amended
.

11) Act no. 167/2008 Coll., On prevention of environmental damage and its
remedy and amending certain laws, as amended.

12) For example Act no. 76/2002 Coll., On integrated prevention and control
pollution, the integrated pollution register and amending some laws
(Integrated Prevention Act), as amended, || | Act no. 86/2002 Coll., on air protection and amending certain other
laws (air protection Act), as amended.

13) Act no. 408/2010 Coll., On financial collateral, as amended
regulations.

14) § 24 par. 2 point. i) of the Act no. 586/1992 Coll., on income taxes, as amended
Act no. 438/2003 Coll.

15) Act no. 182/2006 Coll., On bankruptcy and its solutions
(Insolvency Act), as amended.

16) Framework Convention of the United Nations Climate Change
promulgated under no. 80/2005 Coll. ms

Kyoto Protocol to the Framework Convention of the United Nations on climate change
, published as no. 81/2005 Coll. ms

17) Act no. 61/1988 Coll., On mining, explosives and the State
Mining Administration, as amended.

18) Act no. 123/1998 Coll., On the right to environmental information,
amended.

20) Act no. 200/1990 Coll., On misdemeanors, as amended.