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The Law Of Talteenottamisesta And Storage Of Carbon Dioxide

Original Language Title: Laki hiilidioksidin talteenottamisesta ja varastoinnista

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Law on carbon capture and storage

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Scope

This law shall apply to carbon capture, transfer through the pipeline and storage and geological storage of carbon dioxide for the purposes of geological storage. The authorisation of activities for the prevention of pollution from carbon capture, transfer and storage and geological storage, and the authorisation of environmental pollution, shall be laid down in the Environmental Protection Act (2006) .

Environmental protection L 86/2000 Has been repealed by the Environmental Protection L 52/2014 1 September 2014.

ARTICLE 2
Definitions

For the purposes of this law:

(1) Geological storage of carbon dioxide Injection and storage of CO2 streams into underground geological formations;

(2) In intermediate storage Carbon storage before being transferred geologically to storage;

(3) Storage site A three-dimensional space in geologic formation, which is used for the storage of carbon dioxide and associated with the installation or injection facility on the surface of the earth;

(4) A geological formation A litostratigraphic unit that separates and maps out separation of stone layers;

(5) In the water column From the surface of the water to the bottom of the longitudinal longitudinal water column, including the bottom line;

(6) CO2 stream The flow of substances resulting from the carbon capture process;

(7) Transmission grid A pipeline network, including the associated pressure enhancement stations used for the transfer of CO2 to intermediate storage or storage site.

ARTICLE 3
Prohibition of carbon dioxide in geological and water column

Carbon dioxide cannot be stored in the Finnish territory or in the Finnish exclusive economic zone, either geologically or in the water column. However, the ban does not cover the geological storage of CO2 if the quantity stored is less than 100 000 tonnes and the purpose of storage is research, development and experimentation of new products and processes.

§ 4
Surrender of extracted carbon dioxide in geologic storage

The CO2 recovered in the territory of Finland may be disposed of in geologically storage only to an underground geological formation situated entirely within the territory of a Member State of the European Union or by the United Nations The economic zone or the continental shelf in accordance with the Convention on the Law of the Sea (SopS 49-50/1996).

§ 5
Quality requirements for CO2 stream

The carbon dioxide flow, with the exceptions mentioned in paragraph 2 below, shall consist exclusively of carbon dioxide.

In addition to CO2 in the CO2 stream, small quantities of substances coming from the carbon capture or capture process ( Occasional substances ) And residues of substances added to facilitate the monitoring and verification of the introduction of CO2 ( Added substances ).

The concentrations of adventitious substances and added substances of the CO2 stream shall not exceed a level which may pose a risk to or damage to health or the environment or which may impair the storage site, the transmission system or the connected The safety or integrity of the device.

Carbon dioxide flow shall not be added to the waste law (166/2011) Or any other substance for its disposal.

ARTICLE 6
Carbon capture obligations

The CO2 capture operator shall ensure that the composition of the CO2 stream, including corrosive substances, is investigated and assessed.

Carbon dioxide shall only be recovered if, on the basis of the risk assessment, the concentrations of adventitious or added substances of the CO2 stream do not exceed the level laid down in Article 5 (3).

The volume, characteristics and composition of the CO2 flows submitted for geological storage shall be kept by the caretaker.

§ 7
Use of the second-controlled transmission system

If the transmission system operator and ccs are unable to reach agreement on access to the CO2 transmission system, the Energy Market Agency may, upon application, grant the ccs the right to join and use the transmission system. Transport of carbon dioxide.

The application shall contain at least the information on the factors determining the transport capacity of CO2, the technical aspects of the connections, the needs of other users of the network, the cost of changing the network and the transfer of CO2 and other Of a similar nature.

Access shall be granted if:

(1) the transmission system transmission capacity is sufficient or may be extended at a reasonable cost, taking into account the needs of the transmission system operator and carbon capture operators;

(2) the CO2 flow to be entered into the transmission system is suitable for transmission in the transmission system; and

(3) the application of the transmission system is adapted to the existing use of the transmission system.

The decision of the Energy Market Agency shall include the necessary provisions for access to the network and the feeding of CO2. At the same time, the decision shall provide for compensation for the costs incurred by the network operator for connection to the transmission system and provide for the justification for the compensation to be paid for the CO2 transfer service. The remuneration shall include a return on the capital. The remuneration for the co 2 transfer service, including the return on capital, must be reasonable.

§ 8
Transformation of the transmission system

The Energy Market Agency may, upon application by the CO2 capture operator, oblige the transmission system operator to make changes to the transmission system resulting from the accession of carbon dioxide capture to the transmission system or increased co 2 Need for transfer. It is required that carbon dioxide capture is undertaken to bear the costs of the modifications. The changes must not pose a risk of environmental pollution.

The application shall apply to the application of Article 7 (2). The decision of Article 7 (4) shall apply to the decision of the Energy Market Agency.

§ 9
Amendment of the decision on the transmission system

The Energy Market Agency may amend the decision referred to in Articles 7 and 8 if circumstances or the transfer needs of CO2 have materially changed. Access may be withdrawn if the right of access to the transmission system fails to use the transmission system within a reasonable time or fails to fulfil its obligations with regard to the use of the network.

ARTICLE 10
Transnational transmission network

Where the application referred to in Article 7 or 8 relates to a transmission system extending to the territory of another Member State, the Ministry of Employment and the Economy shall, where appropriate, consult the competent authority of the other State before a decision is taken.

ARTICLE 11
Construction of transmission and intermediate storage space

The construction of the transmission and intermediate storage space shall be based on a formula of legal action. The design and construction of the transmission and intermediate storage space shall be governed by the provisions of the Land Use and Construction Act (132/1999) Provides for construction of a building.

ARTICLE 12
Tasks of public authorities

The Ministry of the Environment directs and monitors the implementation and enforcement of this law.

The Centre for Food, Transport and the Environment shall monitor compliance with this law and the provisions adopted thereunder. Where the activities referred to in this Act are carried out in the Finnish exclusive economic zone, the control shall be carried out by the Centre for Enterprise, Transport and the Environment, whose activity is mainly carried out.

The Energy Market Agency shall be responsible for monitoring compliance with the provisions on access to the transmission system.

ARTICLE 13
Access to information and inspection

The supervisory authority referred to in Article 12 (2) and (3), or the official designated by it, shall have the right to control and enforce this law in accordance with its activities:

(1) obtain the necessary information from the authorities and operators without prejudice to the confidentiality rules;

2) to travel in another area;

3) carry out inspections and investigations, carry out measurements and take samples;

(4) enter the place of activity;

5) monitor the environmental impact of the operation.

The right referred to in paragraph 1 (2) to (5) shall not apply to holdings used for permanent housing.

ARTICLE 14
Correction of a violation or omission

The Authority may:

(1) prohibit any breach of this law or of a provision adopted pursuant to it, from continuing or repeating a provision contrary to a provision or order;

(2) order the person in breach of this law or of an order under it to fulfil its obligations in any other way.

§ 15
Periodic penalty payment, threat of commission and threat of suspension

The supervisory authority shall intensify, unless it is manifestly unnecessary, the prohibition or provision of a prohibition or penalty imposed pursuant to Article 14, or at the risk of any failure to act at the expense of the non-defaulter or suspending the operation; or Prohibits. The imposition and enforcement of a periodic penalty payment and the imposition and enforcement of the threat of commission and the threat of suspension shall be laid down in the (1113/1990) .

ARTICLE 16 (31.1.2013/127)
Appeals appeal

The decision to make an appeal under this law by the Food, Transport and Environment Agency and the Energy Market Agency under this Act shall be appealed to the Administrative Court, as referred to in the Administrative Law Act. (18/06/1996) , unless otherwise specified below. An appeal is brought against the decision of the Administrative Court by appeal to the Supreme Administrative Court as provided for in the Administrative Law.

Pursuant to Articles 7 to 9 of the Energy Market Agency, an appeal is brought against a decision by the choice of market law as provided for by the Law on Administrative Law. The conduct of the proceedings in market law is governed by the law on the conduct of court proceedings (100/2013) . The decision of the Supreme Administrative Court, as provided for by the Law on Administrative Law, is brought to the decision of the Supreme Administrative Court.

§ 17
Penalty provisions

The violation of this law, contrary to the rule of law, is punishable by criminal law (39/1889) § 1 to 4.

Every deliberate or gross negligence

(1) in breach of the prohibition laid down in Article 3 to store carbon dioxide in geological or water column;

(2) to release carbon dioxide into geological storage in contravention of Article 4; or

(3) increase the amount of co 2 waste or other substance to be disposed of in contravention of Article 5 (4);

Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, On breaches of the ccs law Fine.

ARTICLE 18
Entry into force

This Act shall enter into force on 15 July 2012.

THEY 36/2012 , YmVM 2/2012, EV 49/2012, Directive 2009 /31/EC of the European Parliament and of the Council, OJ L 140, 23.4.2009, p. 114

Entry into force and application of amending acts:

31.1.2013/127:

This Act shall enter into force on 1 September 2013.

Before the law enters into force, action can be taken to enforce the law.

THEY 124/2012 , LaVM 15/2012, EV 158/2012