Key Benefits:
Publics concerned: holders of exclusive research licences for formations suitable for the geological storage of carbon dioxide and operators of facilities classified for the protection of the environment under section 2970 relating to the geological storage of carbon dioxide.
Subject: adaptation of national regulations to the law of the European Union and in particular to certain provisions of Directive 2009/31/EC of 23 April 2009 on the geological storage of carbon dioxide whose legislative provisions have already been transposed.
Entry into force: the text comes into force on the day after its publication.
Notice: This decree introduces into the environmental code two sections relating to the research and operation of geological carbon dioxide storage sites. It regulates the conditions for the granting of titles and mining work undertaken in the context of the research of formations suitable for the geological storage of carbon dioxide, by analogy with the provisions envisaged for the regulation of mines.
References: the texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
This decree transposes Directive 2009/31/EC of the European Parliament and the Council of 23 April 2009 on the geological storage of carbon dioxide.
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry,
Considering Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and 2008/1/EC and Council Regulation (EC) No 1013/2006 of the European Parliament and Council;
Considering the environmental code;
Vu le Mining code ;
Vu la Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources;
Vu le Decree No. 2001-492 of 6 June 2001 taken for the purposes of Chapter II of Title II of Act No. 2000-231 of 12 April 2000 and relating to the acknowledgement of receipt of requests to the administrative authorities;
Vu le Decree No. 2006-648 of 2 June 2006 relating to mining titles and underground storage securities;
Vu le Decree No. 2006-649 of 2 June 2006 relating to mining, underground storage and underground mines and underground storage;
Considering the opinion of the inter-ministerial water mission of 13 May 2011;
The State Council (section of public works) heard,
Decrete:
Chapter IX of title II of Book II of the Environmental Code Regulatory Part is added to a section 5, which reads as follows:
“Section 5
"Researching suitable underground formations
to the geological storage of carbon dioxide
"Subsection 1
« Grant of exclusive training research permits
suitable for the geological storage of carbon dioxide
"Art. R. 229-57.-The application, instruction and issuance of an exclusive permit for research of underground formations suitable for the geological storage of carbon dioxide are governed by the provisions applicable to the application, instruction and issuance of an exclusive underground storage permit in accordance with title I and chapter I, sections 1 and 4 of Title II of Decree No. 2006-648 of 2 June 2006.
"The authorization referred to by the first paragraph of Article 2 of Act No. 68-1181 of 30 December 1968 is constituted by obtaining the exclusive permit of research of formations suitable for the geological storage of carbon dioxide.
"Art. R. 229-58.-Chapter II of Title II and titles III, IV, V, VII and IX of Decree No. 2006-648 of 2 June 2006 are applicable to the exclusive permits for research of formations suitable for the geological storage of carbon dioxide.
"Subsection 2
"Opening of research
"Art. R. 229-59.-The opening of the research of underground formations suitable for the geological storage of carbon dioxide and the police of this work is governed by title I, chapters I to V of Title II, chapters I, II, III and V of Title III of Decree No. 2006-649 of 2 June 2006, subject to the special provisions of this subsection.
"Art. R. 229-60.-The opening of injection and welding tests is subject to the authorization regime provided for in Article L. 162-4 of the mining code.
"In addition to parts covered by I of Article 6 of Decree No. 2006-649 of 2 June 2006, the application for authorization file includes:
“(a) The characteristics of the injection equipment, if any of the welding, safety and control equipment;
“(b) The rationale for the amount of carbon dioxide or any other gas that is intended to be injected, the origin and transport modalities envisaged to the planned injection well, the criteria that apply to the composition of the injected gas;
"(c) Hazard study defined in Article R. 512-9;
"(d) Planned monitoring procedures, including measures taken to detect possible effects on the surrounding environment;
“e) Delimitation of the volume of the geological formation selected for the injection tests and, where this training includes groundwater tablecloths, the applicant's justification that nature made it permanently unfit for other uses;
“(f) An internal transaction plan in case of a disaster. Established by the operator, this plan defines organizational measures, methods of intervention and the necessary means for the operator to use and implement to protect personnel, populations and the environment.
"Art. R. 229-61.-Without prejudice to the provisions of Article R. 229-57, the order authorizing the tests of injection shall include:
“(a) The criteria for the composition of the carbon dioxide flow or any other gas intended for injection;
“(b) Monitoring procedures, including measures taken to detect possible effects on the environment or human health;
"(c) As well as the maximum amount that can be injected in these tests.
"The volume injected for testing does not exceed the amount strictly required for the characterization of the training and cannot, when it is a carbon dioxide stream, exceed 100,000 tonnes.
"Art. R. 229-62.-The opening of works other than those mentioned in R. 229-60, including drilling, is subject to the same provisions as those applicable to the search for underground formations suitable for the geological storage of carbon dioxide.
"Art. R. 229-63.-The declaration of termination of work provided for in theArticle 43 of Decree No. 2006-649 of 2 June 2006 is supplemented by the following documents or information:
“(a) Prospecting methods implemented including injection testing;
“(b) The location and status of all works leading to the day as well as a memory including incidents and research accidents;
"(c) The history of injection testing, injection sites, the quantity and composition of carbon dioxide or any other injected gas and the final state of the site;
"(d) The nature and state in which mining works are left, which the explorer plans to use in the context of the exploitation of the exploration training for the purpose of geological storage of carbon dioxide;
“e) Measures taken or planned to ensure, where appropriate, the protection of the interests referred to in Article L. 229-35. »
Chapter IX of title II of Book II of the Environmental Code Regulatory Part is added to a section 6, which reads as follows:
“Section 6
"Management of geological storage sites
carbon dioxide
"Art. R. 229-64.-The application, instruction and issuance of an authorization to operate a geological carbon dioxide storage site shall be governed by the provisions of Book V title I and the special provisions of this section.
"Subsection 1
" Application for permission to operate a site
Geological Storage of Carbon Dioxide
"Art. R. 229-65.-I. ― The application under section R. 512-2 is supplemented by the following:
“(a) The decree in the Council of State granting the storage concession or, if the request for concession is being examined, the notification provided for in article R. 229-70 to it by the prefect;
“(b) The nature and state of the mining work, which is open under the exclusive search permit, which the applicant plans to use as part of the operation of the site;
"(c) The elements relating to well drilling referred to in R. 229-66;
"(d) The precise location and delimitation of the storage site defined in Article L. 229-34 and the storage complex. The storage complex includes the storage site and the surrounding geological domain that is likely to influence the overall integrity and security of storage, that is, secondary containment formations;
“e) When the geological formation within which the storage site is defined includes groundwater tablecloths, the applicant's justification that nature made it permanently unfit for other uses;
“(f) A document stating:
"–the amount of carbon dioxide that the operator proposes to inject and store and the planned distribution of this amount over the intended operating time;
"– the intended origin and transport modalities of the carbon dioxide flow to the storage site;
"– the criteria that will apply to the composition of the injected carbon dioxide flux, in order to comply with the provisions of the second paragraph of Article L. 229-33, as well as the means to be implemented by the operator to ensure that these criteria are met during the operation of the site;
"– the flow, temperature and injection pressure of carbon dioxide flow;
“(g) A draft monitoring plan conforming to the requirements of section R. 229-67;
“(h) A draft corrective action plan to be implemented, without prejudice to the provisions of section R. 512-69, in the event of an incident or accident in injection or storage operations that involve a risk of leakage, leakage, or a risk to the environment or human health;
“(i) A draft provisional post-fertilization plan based on best practices and in accordance with the requirements set out in Appendix II of Directive 2009/31/EC of 23 April 2009. It sets the conditions for the closure of the storage site in accordance with the provisions of Article L. 229-46 and its monitoring during the period defined in Article L. 229-38.
“II. ― The impact assessment referred to in chapter II of Book I title II includes:
"– the description of the hydraulic unit to which the storage site belongs and the assessment of the nature, extension, amplitude and duration of the pressure disturbances caused by storage, as well as possible interactions between the site and other activities carried out within the same hydraulic unit, including other storage sites.
Hydraulic unit is defined as a porous space linked to hydraulic activity, in which a technically measurable pressure conductibility is observed, and which is delimited by flow barriers, such as faults, salin domes, lithological barriers, or by a slowing or influx of formation;
"– the assessment of mechanical and chemical disturbances possibly induced and likely to disrupt the underground environment.
"III.-The hazard study referred to in R. 512-9 includes:
"– the characterization of the storage site within the meaning of Article L. 229-34 and the storage complex defined in Article R. 229-65;
"– Assessing the safety of storage and leakage risks for the environment or human health.
"These studies are based on the criteria for characterization and evaluation of the storage complex described in Appendix I of Directive 2009/31/EC of April 23, 2009 and on the guidelines it has provided.
"IV. ― The rationale for the operator's technical and financial capabilities in accordance with Article 5 R. 512-3. This justification may be based on the updated documents submitted in support of the application for a geologic carbon dioxide storage concession referred to in R. 229-69.
"Art. R. 229-66.-When the application for authorization provides for drilling of wells for operation, it is supplemented by the following:
“(a) A brief describing the main features of the planned work, including the forecast schedule of the various operations, with the necessary documents, plans and cuts and, where appropriate, their decomposition in slices;
“(b) The impact assessment referred to in chapter II of Book I title II;
"(c) A document indicating, as a forecast, for the purposes of the provisions of subsection 8, the terms and conditions of termination of work and the cost estimate.
"Art. R. 229-67.-Without prejudice to the provisions of the last paragraph of Article R. 512-28, the monitoring plan provided for in Article R. 229-65 (g) is prepared in accordance with Annex II of Directive 2009/31/EC of 23 April 2009 and the guidelines established under Articles 14 and 23 of Directive 2003/87/EC of 13 October 2003. This plan provides that the operator conducts monitoring of the site and storage complex, including, where possible, the distribution area of the injected carbon dioxide stream and the surrounding environment, to:
“(a) Compare the actual behavior of carbon dioxide and training water in the storage site with the behaviour provided by the modeling work;
“(b) detect incidents or accidents in injection or storage operations that involve a risk of leakage, leakage, or a risk to the environment or human health;
"(c) Follow the migration of injected carbon dioxide, i.e. the displacement of injected carbon dioxide flow within the storage complex;
"(d) Detect leaks of carbon dioxide, a leak that can be understood as any release of carbon dioxide from the storage complex;
“e) Detect effects on the environment or human health, including potential effects on groundwater nozzles other than those included in the storage complex;
“(f) Assess the effectiveness of preventive measures and corrective measures implemented in the circumstances set out in the 1st of Article L. 229-38;
“(g) Review the above preventive and corrective measures to improve its effectiveness;
“(h) Update the hazard study referred to in Article R. 229-65 III to assess the security and integrity of the short- and long-term storage complex, including determining whether carbon dioxide will remain safely and permanently confined.
"Art. R. 229-68.-Simultaneously to the consultations provided for in Article R. 512-21, the Prefect shall communicate to the European Commission the request for authorization to operate and any other documentation that it takes into account when instructing the application file.
"Subsection 2
“Justification by the applicant of his situation
under mining legislation
"Art. R. 229-69.-The application, instruction and issuance of a request for a geologic storage of carbon dioxide shall be governed by the provisions applicable to the application, instruction and issuance of an underground storage title in accordance with Title I and Chapter I, sections 2 and 4 of Title II of Decree No. 2006-648 of 2 June 2006, subject to the specific provisions of this subsection.
"As long as the carbon dioxide geological storage project includes aquifer formations, the applicant also attachs to its concession application file the justification referred to in article R. 229-65 e of section R. 229-65, as well as the elements to assess the consideration by this project of the water development and management framework referred to in Article L. 212-1.
"The authorization referred to by the first paragraph of Article 2 of Act No. 68-1181 of 30 December 1968 is constituted by obtaining a geologic carbon dioxide storage concession.
"Art. R. 229-70.-As soon as the application file is complete, the prefect shall notify the petitioner of its admissibility. Upon receipt of this notification, a petitioner with the exclusive search permit issued in accordance with Article R. 229-57, who wishes to have priority authority to operate in accordance with the provisions of the second paragraph of Article L. 229-37, shall have a period of six months to file its application for authorization to operate in the forms provided for in Article R. 229-65. After this period, the Prefect submits the application for a geologic carbon dioxide storage concession to competition in the forms referred to in theArticle 27 of Decree No. 2006-648 of 2 June 2006.
"Art. R. 229-71.- Chapter II of Title II and titles III, IV, V, VII and IX of Decree No. 2006-648 of 2 June 2006 are applicable to the geologic storage concessions of carbon dioxide.
"Subsection 3
"Instruction and issuance of authorization to operate
a carbon dioxide geological storage site
"Art. R. 229-72.-For the public notice requirements set out in section R. 512-15, the perimeter of the installation provided for in section R. 512-14, 4° III, corresponds to the surface projection of the underground perimeter of the storage complex for the geological storage sites.
"Art. R. 229-73.-At the same time as the commission under section R. 512-25 is convened, the prefect shall transmit the elements provided for in the second paragraph of this article and the documentation it shall take into account in preparing its decision to the European Commission and the Minister for Mines. The prefect can only make its decision after a four-month period following the transmission of the draft decision to the European Commission or the Minister for Mines, unless both of them inform that they decide not to render an opinion.
"The Prefect notifies its final decision to the European Commission, justifying it if it departs from the opinion that it eventually rendered.
"Art. R. 229-74.-In the case referred to in paragraph I of section R. 229-65 where the applicant is not yet a holder of a carbon dioxide geological storage concession covering the geological formation referred to in his application, the authorization to operate may not be granted to the applicant until it justifies having become a holder of such a concession.
"Art. R. 229-75.-I. ― Without prejudice to section L. 229-38, the authority to operate sets the conditions for the development and operation of the site and in particular:
“(a) Pursuant to Article L. 512-4, the validity of the authorization within the limit of that of the geologic storage concession of carbon dioxide;
“(b) The precise location and delimitation of the site and storage complex, as well as information elements related to the hydraulic unit;
"(c) The maximum amount of carbon dioxide for which storage is permitted and the predictable distribution of this quantity over the operating period;
"(d) The pressure limits of the tank and maximum injection pressures and pressures;
“e) Criteria for accepting the carbon dioxide flow and the means used to ensure compliance;
“(f) Preventive measures to avoid any risk of leakage or any risk to the environment or human health;
“(g) Any other requirement for injection and storage in particular to prevent a risk of leakage, leakage or risk to the environment or human health;
“II. ― The issuance of the authorization to operate is approved of the plans, possibly amended at the request of the prefect, monitoring, corrective measures and provisional post-fertilization.
"III. ― As of the issuance of the authorization to operate, the application of the mining police to the mine works opened under the exclusive search permit and whose use is, according to the forecasts of b of article I R. 225-65, continued during the operation of the site ceases.
"Subsection 4
"Financial guarantees and maintenance of these guarantees
"Art. R. 229-76.-The financial guarantees required under Article L. 229-38 are established, maintained and revised in accordance with the provisions of Articles R. 516-1 to R. 516-6 and to those of this Article.
"The terms and conditions for the periodic update of the amount of financial guarantees, as set by the authorization order, take into account the evolution of the risk of leakage assessed and the estimated costs of all obligations arising from the granting of the authorization to operate as well as those resulting from the inclusion of the geological storage sites of carbon dioxide in the greenhouse gas emission quota system.
"In the event of the withdrawal of the authorization to operate, financial guarantees are maintained until the issuance of a new authorization to operate or until the transfer of liability referred to in R. 229-100.
"Subsection 5
“Information to be communicated
by the operator to the prefect
"Art. R. 229-77.-The operator shall send to the prefect the annual report under section L. 229-38. The operator shall send a copy to the Site Tracking Commission established pursuant to section L. 229-40. It also makes a copy of this report available to the public. The prefect shall address, for information, a copy to the relevant services, to the regional health agency and to the mayors of the municipalities in whose territory the authorization to operate in whole or in part.
"This report includes:
“(a) Analysis and synthesis of monitoring results conducted in accordance with the monitoring plan during the reporting period, including information on monitoring techniques used;
“(b) The quantities and characteristics of the carbon dioxide fluxes delivered and injected, including the composition of these fluxes, during the reporting period, recorded in accordance with Article L. 229-38 b;
"(c) Evidence of the maintenance of the financial guarantee, in accordance with Article L. 229-38 f;
"(d) Any other useful information to assess compliance with the requirements set by the authorization order and to improve the knowledge of carbon dioxide behaviour in the storage site;
“e) The elements required by section R. 512-46.
"The operator shall also send to the prefect the performance report under section R. 512-45, the content and terms of which shall be determined by order of the Minister responsible for classified facilities.
"Art. R. 229-78.-The operator shall forthwith bring to the attention of the representative of the State the modifications to the operation of the site.
"Without prejudice to section R. 512-33, an amendment to a carbon dioxide geological storage site is considered substantial as long as it is likely to result in significant hazards or disadvantages to the interests referred to in section L. 229-35. The development of a new injection well is still a substantial change within the meaning of section R. 512-33.
"Art. R. 229-79.-In accordance with section 2° L. 229-38, the monitoring, corrective and interim post-fermulation plans are updated by the operator at most every five years. Their update takes into account the evolution of risks to the environment or human health as assessed in the study under Article III R. 229-65, new scientific knowledge, best practices and improvements in the best available techniques. After update, they are forwarded to the Prefect for approval.
"The operator shall make available to the public the updated and approved documents. It transmits them to the local site monitoring commission established pursuant to Article L. 229-40.
"Subsection 6
« Periodic review of the authorization to operate
at the initiative of the Prefect
"Art. R. 229-80.-The authorization to operate is subject to review according to the periodicity provided for in Article L. 229-42. This review is conducted in the light of the information referred to in section L. 229-42 or subsection 5.
"It can also be initiated on the basis of the latest scientific findings, the latest technological developments or when the operator predicts that the amount of carbon dioxide flow injected over a given time period will exceed the values set by the authorization stop to operate.
"Subsection 7
"Renewal of authority to operate
"Art. R. 229-81.-Renewal of the authorization is requested, instructed and issued in the same forms as the original authorization.
"Subsection 8
"Fitting the final stop
and transfer of responsibility to the State
“Paragraph 1
"Determination of storage sites
"Art. R. 229-82.-The geological storage sites of carbon dioxide are permanently shut down under the conditions set out in I of Article R. 512-39-1.
"The notification of this stop-off is accompanied by a document in which the operator justifies its application for closure and the approved and updated interim post-fermulation plan in accordance with R. 229-79. This plan includes in particular the elements provided for in Article R. 512-39-1 and R. 512-28 and R. 512-31.
"Art. R. 229-83.-The notification, supplemented at the request of the prefect, is addressed by the prefect to the interested services, including the regional health agency, as well as to the mayors of the communes in the territory of which all or part of the exploitation of the geological storage of carbon dioxide. These services and interested municipalities, respectively, have two months and three months to communicate their observations.
"The prefect shall have a period expiring no later than eight months after the full notification referred to above to impose, where applicable, additional requirements and approve the final post-fermeture plan. In the event that it is impossible to decide within this period, it shall establish, by reason of order, a new period of time which may not exceed that of the initial period.
"On receipt of the decision approving the final post-fertilization plan, the operator shall proceed with the final shut-off work under the conditions set out in this plan.
"After carrying out this work in accordance with this plan, the operator sends a descriptive brief to the prefect on the measures taken. After having made a report of the schooling of these works and measures and found whether they are in conformity with the additional requirements, the Prefect shall give notice by order of the execution of the prescribed measures.
“Paragraph 2
« Monitoring period
"Art. R. 229-84.-The annual report provided for in Article R. 229-77, the periodicity and content of which were adapted to this period and set out in the approved final postfermeture plan in the forms provided for in the second paragraph of Article R. 229-83, is transmitted to the prefect and broadcast in accordance with the provisions of Article R. 229-77. This report includes information on the actual evolution of stored carbon dioxide, as well as the assessment of the conformity of this evolution with expected behaviour.
"Art. R. 229-85.-The operator, who wishes to obtain in accordance with Article L. 229-47 a reduction in the duration of this monitoring period, shall apply to Ministers responsible for mines and facilities classified by registered letter with notice of receipt. Ministers acknowledge their receipt in accordance with the procedure provided for by the Decree No. 2001-492 of 6 June 2001. This request is accompanied by the reports referred to in the second paragraph of Article R. 229-89.
"Art. R. 229-86.-Ministers responsible for mines and classified facilities shall communicate the application referred to in Article R. 229-85 to the Prefect, who shall have a period of one year to instruct him after having, if necessary, complete it.
"After instruction, the prefect shall transmit his opinion and all the documents on which he relies on the ministers who, after the advice of the General Council of Industry, Energy and Technology and the inter-ministerial mission of water, prepare a draft decision within six months.
"Art. R. 229-87.-The draft decision of the ministers that reduces the minimum period of monitoring shall be forwarded to the operator and the follow-up commission established pursuant to Article L. 229-40. It is also available to the public under the conditions set out in articles L. 124-1 and below. It is accompanied by the reports prepared by the operator under the second paragraph of section R. 229-89 and a report of the ministers, where applicable, outlining the additional requirements or conditions put by them to this reduction.
"The operator has a period of two months to submit any comments in writing.
"Art. R. 229-88. -The period of monitoring is reduced by order of Ministers responsible for mines and facilities classified within the limits of the provisions of Article L III. 229-47.
"If the Minister rejects the application, the reasons are communicated to the operator who has a period of two months to submit any comments in writing. The rejection of the application shall be pronounced by an order of Ministers which shall also determine the minimum duration of the new period of supervision in accordance with Article L. 229-47 III.
“Paragraph 3
« Transfer of responsibility of the site to the State
"Art. R. 229-89.-The operator who wishes to proceed with the transfer of responsibility shall address to Ministers responsible for mines and facilities classified his request by registered letter with notice of receipt, together with the reports provided for in I of Article L. 229-47 that demonstrate that he meets the requirements of I and III of Article L. 229-47, as well as the approved final post-claim plan in the forms provided for in the second paragraph Ministers acknowledge their receipt in accordance with the procedure provided for by the Decree No. 2001-492 of 6 June 2001.
"The operator's report under section L. 229-47, c. I, shows that all available elements tend to prove that carbon dioxide will remain permanently and safely confined, including:
“(a) That the actual behaviour of injected carbon dioxide is consistent with modelled behaviour;
“(b) That there is no detectable leak;
"(c) That the storage site evolve towards a long-term stability situation.
"Art. R. 229-90.-For the purposes of the provisions of Article L. 229-47, the operator recalls in his report the existence of risk prevention and monitoring facilities. It provides, for each of them, the description, the location, the plan and the actual cost of operations and the estimate of this cost for the next thirty years.
"The equipment referred to in Article L. 229-47 e must be in normal working condition.
"The data referred to in the e of Article L. 229-47 shall be transmitted in a format that is available to the administration.
"Art. R. 229-91.-If Ministers responsible for mines and classified facilities are at the initiative of the transfer of responsibility, they send a registered letter to the operator with notice of receipt by which they notify the operator of their willingness to proceed with the transfer within the time they indicate. The operator shall transmit within that time the reports confirming that it meets the requirements of section L. I and III. 229-47.
"Art. R. 229-92.-The Ministers shall make available to the European Commission, within one month of its receipt, the report, prepared by the operator, referred to in c of I of Article L. 229-47, as well as any other documentation they take into account in preparing the draft decision referred to in Article R. 229-94.
"Art. R. 229-93.-The ministers responsible for mines and classified facilities transmit the file to the prefect, who has a period of two years to instruct him after having, if necessary, complete it.
"Art. R. 229-94.-After instruction, and after ensuring that all available elements tend to prove that the stored carbon dioxide will remain perfectly confined permanently and securely and that the monitoring period established in accordance with Article III L. 229-47 has elapsed, the prefect transmits its opinion as well as all the pieces on which it relies to ministers responsible for mines and classified installations
This draft decision includes the method used to determine that the conditions set out in paragraph (a) of Article L. 229-47 are met.
"Art. R. 229-95.-The Ministers shall provide their draft decision for approval of the transfer of responsibility to the European Commission for their opinion. They accompany this project of the documentation they have taken into consideration in developing their project.
"Ministers can only make their final decision after a four-month period following the transmission of the draft decision to approve the transfer of liability to the European Commission, unless the Commission informs them that it will not render an opinion.
"Art. R. 229-96.-If the Minister rejects the application, the reasons shall be communicated to the operator, who has a period of two months to submit any comments in writing. A new minimum period of monitoring is established by order of Ministers responsible for mines and facilities classified within the limits of Article L III. 229-47.
"Art. R. 229-97.-The draft decision for approval of the transfer of liability is forwarded to the operator and to the follow-up commission established pursuant to section L. 229-40. It is also accessible to the public under the conditions set out in articles L. 124-1 and below. It is accompanied by the reports of the operator, provided for in Article R. 229-89, which demonstrate that the conditions for the transfer of liability are met, the notice eventually rendered by the European Commission and a report of the Ministers, where applicable, that the additional requirements or conditions put by them to the transfer. The operator shall have a period of two months to submit any comments in writing.
"Art. R. 229-98.-After the Ministers responsible for mines and classified facilities have ascertained that the conditions mentioned in I and III of Article L. 229-47, article R. 229-95 and article R. 229-97 are met, the final decision is taken in the form of a decree in the Council of State which is notified to the operator. This decree sets the conditions for the transfer to be effective.
"The Ministers also notify the European Commission of this decision, justifying it if it departs from the opinion it has rendered pursuant to Article R. 229-95.
“Paragraph 4
« Withdrawal of authorization
effective transfer of responsibility
"Art. R. 229-99.-In the event of the withdrawal of the authorization pursuant to section L. 229-42 and if no new authorization is issued, the site shall be permanently terminated on the basis of the provisional post-ferming plan, updated if necessary.
"As long as the conditions referred to in Article L. 229-47 are met, the Ministers responsible for mines and classified facilities shall prepare, after the advice of the General Council of Industry, Energy and Technology and the interdepartmental mission of water, a draft decision recognizing the effective transfer of responsibility. This draft decision, in particular, specifies the method used to determine that the conditions referred to in Article L. 229-47 are met, as well as the measures of prevention and monitoring that the State intends to implement after the transfer of responsibility.
"Art. R. 229-100.-The draft decision referred to in section R. 229-99 is forwarded to the site monitoring commission established pursuant to section L. 229-40 and, if it can still be attached, to the former operator. It is also accessible to the public under the conditions set out in articles L. 124-1 and below. The operator shall have a period of two months to submit any comments in writing.
"The final decision is adopted by decree in the Council of State in the forms and in the manner provided for in article R. 229-98.
“Paragraph 5
" Surveillance, Prevention and Corrective Action
implementation after transfer of liability
"Art. R. 229-101.-The decree referred to in articles R. 229-98 and R. 229-100 approves the final postfermeture plan that may be updated in accordance with R. 229-89.
"After transfer of responsibility, monitoring can be reduced to a level that allows the detection of leaks or any incident or accident related to storage that involves a risk of leakage or a risk to the environment or human health. In the event of detection of a leak, incident or accident, monitoring is intensified in order to determine the extent of preventive or corrective measures to be implemented as soon as possible.
"Art. R. 229-102.-Without prejudice to the provisions of the V of Article L. 229-47, after transfer of liability in accordance with Articles R. 229-98 or R. 229-100, the State may no longer recover from the former operator the costs it incurred to cover the obligations arising for it from Article II L. 229-47. »
I. ― The regulatory part of the environmental code is thus modified:
1° In R. 512-19, after the words: "For waste storage facilities" are added the words: "and the geological storage sites of carbon dioxide";
2° In article R. 512-35, after the words: "The authorizations for waste storage sites" are added the words: ", to the geological storage sites of carbon dioxide";
3° After the fourth paragraph of article R. 516-1, it is added a paragraph as follows:
« 4° Geological storage sites of carbon dioxide »;
4° After the tenth paragraph of Article R. 516-2, it is added a paragraph as follows:
« 4° For storage sites mentioned in the 4th I of Article R. 516-1:
“(a) Implementation of the measures provided for in the post-fertilization plan, including the final shutdown of the site and its monitoring for a period of not less than thirty years after its final shutdown. This amount corresponds to the minimum amount of the relief provided for in Article L. 229-47 (d);
“(b) Interventions in the event of risks of leakage or leakage of carbon dioxide or accident or pollution before or after the site's final shutdown;
"(c) The return, in the event of leaks, of quotas for greenhouse gas emissions";
5° After the twenty-third paragraph of Article R. 162-1, it is added a paragraph as follows:
« 13° The operation of carbon dioxide geological storage sites in accordance with chapter IX, section 6, title II, of Book II. »
II. ∙ Decree No. 2006-648 of 2 June 2006 on Mining Titles and Underground Storage Titles is amended:
1° In the first paragraph of Article 24, the words "the agreement with the holder of a mining title or an underground storage title" are inserted between the words "existing, regulating their rights and obligations" and the words "or a geological storage title of carbon dioxide".
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Economy, Finance and Industry and the Minister to the Minister of Economy, Finance and Industry, responsible for the industry, energy and the digital economy, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 31 October 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Economy,
finance and industry,
François Baroin
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
