Law for the demonstration of the permanent storage of carbon dioxide

Original Language Title: Gesetz zur Demonstration der dauerhaften Speicherung von Kohlendioxid

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

Law on the demonstration of the permanent storage of carbon dioxide (carbon dioxide storage law-KSpG)

Unofficial table of contents

KSpG

Date of completion: 17.08.2012

Full quote:

" Carbon Dioxide Storage Act of 17 August 2012 (BGBl. I p. 1726) "

1): Article 1 of this Act is designed to implement 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 and of the Council Directive Directives 2000 /60/EC, 2001 /80/EC, 2004 /35/EC, 2006 /12/EC and 2008 /1/EC of the European Parliament and of the Council and of Regulation (EC) No 1013/2006 (OJ L 378, 27.12.2006, p. OJ L 140, 5.6.2009, p. 114).

Footnote

(+ + + Text proof: 24.8.2012 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 31/2009 (CELEX Nr: 32009L0031) + + +)

The G was referred to as Article 1 (d). G v. 17.8.2012 I 1726 approved by the Bundestag with the consent of the Bundesrat. It's gem. Art. 9 of this G entered into force on 24.8.2012. Unofficial table of contents

Content Summary

Chapter 1

General provisions

§ 1	Purpose of the law
§ 2	Scope, territorial determination of the country
§ 3	Definitions

Chapter 2

Transport

§ 4	Plan setting for carbon dioxide pipelines; Regulation empowerment

Chapter 3

Durable storage

Section 1

Nationwide evaluation and register

§ 5	Analysis and evaluation of the potentials for long-term storage
§ 6	Register; Regulation empowerment; report to the Commission

Section 2

Approval and operation

Subsection 1

Investigation

§ 7	Investigation approval
§ 8	Procedural and formal requirements
§ 9	Additional provisions and revocation of authorisation
§ 10	Use of foreign land

Subsection 2

Construction and operation

§ 11	Plan setting for the establishment and operation of a carbon dioxide storage
§ 12	Application for plan determination
§ 13	Plan fix
§ 14	Duty to Duly
§ 15	Expropriation legal action
§ 16	Revocation of plan determination

Subsection 3

Decommissioning and aftercare

§ 17	Decommissioning
§ 18	Follow-up

Subsection 4

Evidence and programmes

§ 19	Proof of security
§ 20	Monitoring concept

Subsection 5

Operator duties

Section 21	Customization
Section 22	Self-monitoring
Section 23	Measures in case of leakages or significant irregularities
§ 24	Requirements for carbon dioxide flows

Subsection 6

Regulation

Section 25	Regulation of requirements for carbon dioxide storage
Section 26	Regulation of requirements for the procedure

Section 3

Review by
the competent authority; supervision

§ 27	Verification by the competent authority
§ 28	Supervision

Chapter 4

Liability and provision

§ 29	Liability
§ 30	Coverage
Section 31	Transfer of responsibility
Section 32	Regulation empowerment for financial security and the transfer of responsibility

Chapter 5

Access and access of third parties

§ 33	Access and access; empowerment
Section 34	Powers of the Federal Network Agency; Regulation empowerment
§ 35	Administrative and judicial procedures for the connection and access of third parties; authorisations for regulations

Chapter 6

Research Storage

§ 36	Application of rules
Section 37	Approval of research stores
§ 38	Application of rules

Chapter 7

Final provisions

§ 39	Competent authorities
§ 40	Exchange of knowledge; Regulation authorisations
Section 41	Fees and expenses; Regulation empowerment
§ 42	State-of-law storage charges
Section 43	Fines
Section 44	Evaluation Report
§ 45	Transitional provision
Section 46	Exclusion of divergent national law

Appendix 1	(Section 7 (1), second sentence, point 2, paragraph 3, sentence 1, § 22, paragraph 2, point 1) Criteria for the characterisation and evaluation of the potential carbon dioxide storage and potential storage complex and its environment
Appendix 2	(in accordance with Article 17 (2), second sentence, and § 20 (1), first sentence, and (2) sentence 1) Criteria for the establishment and updating of the monitoring concept and for the follow-up

Chapter 1
General provisions

Unofficial table of contents

§ 1 Purpose of the Law

This law serves to ensure the permanent storage of carbon dioxide in underground rock layers for the protection of humans and the environment, also in responsibility for future generations. It first regulates the research, testing and demonstration of technologies for the permanent storage of carbon dioxide in underground rock layers. Unofficial table of contents

§ 2 Scope, territorial determination of the country

(1) This Act shall apply to the testing and demonstration of the permanent storage of carbon dioxide in underground rock strata, including the investigation, monitoring, decommissioning and aftercare of all installations and installations. storage, transport of carbon dioxide as well as other activities, to the extent that this is expressly intended. (2) Only carbon dioxide storage may be authorised;

1.: for which a full application has been made to the competent authority by 31 December 2016 at the latest,
2.: in which no more than 1.3 million tonnes of carbon dioxide are stored annually, and
3.: in so far as the territorial scope of this law does not exceed a total storage capacity of 4 million tonnes of carbon dioxide per year.

The state authorities decide on the applications for admission in the order of receipt of the complete application documents at the respective competent national authority. (3) This law also applies to the storage of carbon dioxide. Research. (4) This Act applies in accordance with the United Nations Convention on the Law of the Sea of 10 December 1982 (BGBl). 1798, 1799) also in the area of the exclusive economic zone and the continental shelf. (5) Countries can determine that a testing and demonstration of permanent storage is permitted only in certain areas or in certain areas. is inadmissible in certain areas. For the purpose of establishing the first sentence, other options for the use of a potential storage site, the geological characteristics of the territories and other public interests shall be considered. Unofficial table of contents

§ 3 Definitions

The following definitions shall apply to this Act:

1.: permanent storage injection and container-free storage of carbon dioxide and secondary constituents of carbon dioxide in deep underground rock layers with the aim of preventing leakage in an unlimited period;
2.: serious irregularity in the injection or storage operations, or in relation to the state of the storage complex as such, which is associated with a risk of leakage or a risk to man or the environment;
3.: Research storage storage projects for the exploration, development and testing of new materials, products and processes, in which less than 100 000 tonnes of carbon dioxide are injected;
4.: Stratelable areas in the geological subsoil composed of one or more types of rock;
5.: hydraulic envirously delimited area, consisting of one or more rock layers and the pore space of which is hydraulically connected;
6.: Carbon dioxide conductionsfor the transport of the carbon dioxide stream to a carbon dioxide reservoir, including the necessary compressor and pressure booster stations;
7.: Carbon dioxide storage for the purpose of permanent storage of a spatially delimited area consisting of one or more layers of rock, together with the necessary inter-ground and above-ground facilities from the supply of the carbon dioxide stream at the injection site;
8.: Carbon dioxide electricity as a whole for the separation and transport of carbon dioxide;
9.: Long-term safety condition ensuring that the stored carbon dioxide and the stored secondary components of the carbon dioxide stream, taking into account the necessary precaution against adverse effects on man and the environment are retained in full and indefinitely in the carbon dioxide storage;
10.: leakage of carbon dioxide or secondary components of the carbon dioxide stream from the storage complex;
11.: The migration of carbon dioxide or of secondary constituents of the carbon dioxide stream within the storage complex;
12.: storage complex carbon dioxide storage as well as the surrounding rock layers or parts thereof, as far as these as a natural second propagation barrier influence the overall integrity and safety of carbon dioxide storage;
13.: Decommissioning the injection of carbon dioxide and by-components of the carbon dioxide stream, the elimination of the necessary facilities and the permanent sealing of the carbon dioxide storage;
14.: Environmental animals, plants, biological diversity, soil, water, air, climate and landscape, as well as cultural and other materials (environmental goods), including the interactions between these environmental goods and between them environmental goods and people;
15.: Investigation activity, aimed at the discovery of rock strata suitable for permanent storage, the collection of data, the characterization of such rock layers with regard to their actual suitability for permanent storage storage and the establishment and operation of the facilities required for that purpose;
16.: Examination field excerpt from the Earth's body, which is bounded by straight lines on the surface of the earth, of vertical planes and in depth, unless the limits of the scope of this law require a different course;
17.: significant change in the change in carbon dioxide storage or carbon dioxide pipes or changes in their operation, which may affect man or the environment.

Chapter 2
Transport

Unofficial table of contents

Section 4 Planning of carbon dioxide pipelines; Regulation empowerment

(1) The establishment, operation and substantial modification of carbon dioxide pipelines shall be subject to the prior plan determination by the competent authority. The public shall be informed as soon as possible of the project subject to the planning requirement, in particular the situation, the size and the technology of the carbon dioxide pipeline. In doing so, the public shall be given the opportunity to express and discuss them. The competent authority shall ensure that the prospective applicant carries out, where necessary, a public dialogue procedure and the dispute settlement procedure. The Länder can determine the more detailed requirements for the procedure according to the sentences 2 to 4. (2) For the purposes of the planning procedure, § § 72 to 78 of the Administrative Procedure Act shall apply in accordance with § 43a number 1 to 4 as well as 6 and 7, of § 43b Number 3 to 5 and § 43e of the Energy Economic Law. Section 11 (2) shall apply accordingly. If the carbon dioxide pipeline is used for transport to a carbon dioxide storage outside the scope of this law, it is particularly relevant to the plan justification whether the carbon dioxide storage in the other Member State is in accordance with with 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, and Directives 2000 /60/EC, 2001 /80/EC, 2004 /35/EC, 2006 /12/EC and 2008 /1/EC of the European Parliament and of the Council and of Regulation (EC) No 1013/2006 (OJ L 378, 27.12.2006 114). (3) § § 44 to 44b of the German Energy Law Act (Energiewirtschaftsgesetz) must be applied accordingly for preliminary work, change locks, pre-emption rights and early possession of the property. For requirements in terms of carbon dioxide lines, Articles 49 (1) and 2 (2), (3), (5) and (6), first sentence, and (7) of the Energy Economic Act shall apply accordingly. § 55 of the Code of Criminal Procedure shall apply in accordance with Section 55 of the Code of Criminal Procedure for the person obliged to provide information pursuant to sentence 1 in conjunction with Section 49 (6) sentence 1 of the Energy Economic Law. (4) The plan determination and the planning approval may be subject to conditions in so far as it is necessary to safeguard the good of the general public or to comply with public law. Requirements relating to requirements for the project may also be included, modified or supplemented after the planning approval or planning approval. (5) The establishment and operation of a carbon dioxide management system for the benefit of the general public, is the Expropriation shall be permitted insofar as it is necessary for the execution of the project and the purpose of the expropriation cannot be achieved in other reasonable ways, in particular elsewhere, in accordance with the location of the carbon dioxide storage. The project is intended for the good of the general public if it is necessary for the demonstration of permanent storage in Germany and, for the purpose of climate protection, the emission of carbon dioxide in Germany is permanently reduced. Carbon dioxide lines to carbon dioxide storage outside the scope of this law serve the good of the general public if, for the purpose of climate protection, the emission of carbon dioxide in Germany is permanently reduced. The competent authority shall decide on the existence of the conditions laid down in sentences 1 to 3 in the decision on the planning of the plan. § 15 (2) and (3) sentences 2 and 3 shall apply accordingly. (6) The Federal Ministry of Economics and Technology shall be authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, with the consent of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Federal Council to determine:

1.: details of the planning procedure referred to in paragraph 2, provisions relating to preparatory work, amending locks, pre-emptive rights and early possessions referred to in the first sentence of paragraph 3, and
2.: Requirements for the safety of carbon dioxide pipelines.

Chapter 3
Durable storage

Section 1
Nationwide evaluation and register

Unofficial table of contents

§ 5 Analysis and evaluation of the potentials for permanent storage

(1) The Federal Ministry of Economics and Technology, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, shall draw up and update an assessment of the potentials of rock strata that are within the scope of this (2) The Federal Institute for Geosciences and Natural Resources elaborates the geological fundamentals required for the evaluation of carbon dioxide in the Consult with the relevant competent authority. These are, in particular,

1.: the demarcation of the spatial extent of the rock strata suitable for the permanent storage,
2.: the geological characterization of the appropriate rock strata, including appropriate rock parameters,
3.: the geological characterization of the rock layers that surround the appropriate layers of rock,
4.: the estimation of the volumes of the respective rock strata, which can be used for the permanent storage,
5.: the characterisation of the formative waters present in the rock layers, their potential migration routes and the prevailing pressure conditions,
6.: the estimation of pressure changes in the rock layers due to the intended permanent storage,
7.: possible conflicts of use by exploration, raw material extraction, geothermal use, usable groundwater, storage or storage of other gaseous, liquid or solid substances or scientific drilling in the area of the permanent Storage of suitable rock layers.

(3) For the evaluation, the Federal Environment Agency shall draw up the foundations necessary for effective environmental protection, in particular by identifying and estimating the environmental impacts associated with the permanent storage provided for. (4) The competent authorities of the Länder shall provide the Federal Institute for Geosciences and Natural Resources with the data available to them, which are necessary for an effective analysis and evaluation of the potential for permanent storage; Details are governed by an administrative agreement. (5) Federal Ministry of Economics and Technology publishes the evaluation of the potentials for permanent storage and respective changes. Prior to publication, the countries must be consulted. Unofficial table of contents

§ 6 Register; Regulation empowerment; Report to the Commission

(1) The Federal Institute for Geosciences and Natural Resources (Registry Authority) establishes and, in agreement with the Federal Environment Agency, conducts public information on carbon dioxide pipelines and carbon dioxide storage for the purpose of informing the public accessible registry to which the following are included:

1.: Information on existing and planned carbon dioxide pipelines,
2.: all authorisations, planning decisions and planning authorisations under this Act, as well as applications for such decisions,
3.: Information on all decommissioned carbon dioxide storage as well as all carbon dioxide storage facilities where a transfer of responsibility has taken place in accordance with § 31.

(2) The following information shall be included in the register for the requested, approved and decommissioned carbon dioxide storage:

1.: the characterisation of the layers of rock used by the carbon dioxide storages and surrounding the carbon dioxide storages by means of the available geological data, including maps and cross-sectional representations of the spatial distribution,
2.: the characterisation of the formative waters present in the rock layers and of the prevailing pressure conditions,
3.: the estimation and identification of pressure changes in the rock strata by permanent storage,
4.: further information available to assess whether the stored carbon dioxide can be retained in a complete and permanent way;
5.: the assessment and identification of the environmental impact associated with permanent storage,
6.: other uses, in particular geothermal energy,
7.: a three-dimensional representation of the spread of carbon dioxide and, where possible, its concentration in the range of propagation.

(3) The register shall be updated on an ongoing basis. The competent national authorities shall transmit to the register authority the information required for the establishment and management of the register and for the decision pursuant to Article 2 (2), second sentence. § § 7 to 9 of the Environmental Information Act are applicable to the public accessibility of the register. (4) The Federal Ministry for Economic Affairs and Technology is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and reactor safety through legal regulation, with the consent of the Federal Council, the establishment and management of the register, the collection, processing and deletion of personal data required for this purpose, the public accessibility of the the register and the procedures required. (5) The The Federal Institute for Geosciences and Natural Resources (Bundesanstalt für Geowissenschaften und Rohstoffe) works together with the competent authorities of the neighbouring states in the characterization of transboundary carbon dioxide storage and the surrounding rock layers. (6) The Federal Institute for geosciences and raw materials, the Commission shall submit a report on the application of Directive 2009 /31/EC and on the information referred to in paragraph 1, through the competent authorities in the Federal Government, by 30 June 2011, every three years thereafter. Point 3 in conjunction with paragraph 2 (1) and (4).

Section 2
Approval and operation

Subsection 1
Investigation

Unofficial table of contents

Section 7 Investigation authorisation

(1) Examination of the subsoil for its suitability for the setting up of carbon dioxide stores shall be subject to authorisation. The authorisation shall be granted by the competent authority if:

1.

the applicant has the financial capacity required for a proper investigation,

2.

there is a study programme showing that the type and extent of the investigation work is carried out over a reasonable period of time, in particular in accordance with the requirements laid down in Annex 1,

3.

Impairment of mineral resources and existing uses of the subsoil, the protection of which is in the public interest, as well as impairments of bergrechtlichen approvals and water-law authorisations excluded ,

4.

there are no facts justifying the assumption that:

a): the applicant, in the case of legal persons and partnerships, one of the persons entitled to represent it under the law, the statutes or the social contract, does not possess the reliability required,
b): one of the persons appointed to conduct or supervise the investigation does not possess the requisite degree of reliability or expertise, or
c): the applicant, in the case of legal persons and partnerships, the person entitled to represent the person in accordance with the law, the statutes or the social contract, who does not possess the required technical knowledge, if no person referred to in point (b) is appointed is,

5.

the necessary arrangements for the protection of the life, health and property of employees and third parties shall be taken,

6.

shall be guaranteed, in the interest of the general public and of the neighbourhood, that:

a): protect the environmental goods concerned and, where this is not possible, be properly restored, and
b): Waste is avoided and waste produced properly and safely recovered or disposed of

and where appropriate arrangements have been made,

7.

in the area of the territorial sea, the exclusive economic zone and the continental shelf

a): the safety and ease of transport are not affected and damage to the marine environment is not to be obtained, and
b): the laying, maintenance and operation of underwater cables and pipelines, as well as oceanographic or other scientific research, shall no longer be unavoidably unavoidably affected by the circumstances and shall not adversely affect fishing activities; ,

8.

shall not prevent other public-law provisions or overriding public interests.

Point 4 (4) (b) and (c), (5) and (6) shall not apply to studies in which neither the surface nor the surface of the surface are applied to the surface of the surface, nor is it applied in the course of days or with the use of (2) The investigation shall be carried out in such a way as to meet the requirements laid down in the second sentence of paragraph 1, points 3 to 8. (3) Based on the The findings of the study are the potential carbon dioxide storage and potential Check the storage complex in accordance with the relevant criteria of Appendix 1 and other suitable methods, and to characterize and evaluate their suitability for long-term storage. The results of the investigation and the characterisation shall be documented by the person entitled to the investigation and shall be presented to the competent authority upon request. (4) The data of the investigation, in accordance with § 3 (1) of the Stock Corporation Act, in The revised version published in the Federal Law Gazette, Part III, outline number 750-1, as last amended by Article 22 of the Law of 10 November 2001 (BGBl). 2992), shall be made available to the competent authority of the geological territory of the country, after five years from the date of transmission, which shall be made available to those who have a legitimate interest to use the data and to use the data for a purpose that is also in the public interest. The provisions of the Federal Government and the Länder on access to environmental information shall remain unaffected. (5) The authorized person shall have the sole right to investigate the strata of the investigation field designated in the permit. their suitability for the permanent storage of carbon dioxide. During the period of validity of the examination permit, other uses of these rock strata, which adversely affect the suitability as carbon dioxide storage, may not be permitted. Unofficial table of contents

§ 8 Procedure and formalities

(1) The request for an examination permit shall be subject to the written form. The information shall be provided and shall be accompanied by the documents necessary for the authorisation procedure to be carried out. In particular, the applicant shall identify the field of study and the strata of the rock in a precise way and to enter it in maps with a suitable scale. Information and documents relating to § 7 (1), second sentence, number 1 and 4, as well as particulars and documents containing business and trade secrets, shall be submitted separately. Where a number of applications concern the same field of study and the same strata of rock, the application must first be decided on the application of which the examination programme shall take the best account of the conditions laid down in Article 7 (1); in the case of equivalent applications, (2) The competent authority shall, within one month of receipt of the request for an opinion, request the authorities whose remit is affected by the investigation requested. The opinions shall be delivered within a time limit to be determined by the competent authority, which may not exceed three months. The competent authority shall ensure that the application documents, with the exception of the documents referred to in the fourth sentence of paragraph 1, within one month of their access in a publicly accessible building within the territory under whose surface the The examination field is to be interpreted for the duration of one month. The competent authority shall make the interpretation of the application documents at least one week before the start of the interpretation in its official publication sheet, in at least one local daily newspaper distributed in the territory concerned, and publicly known on its website. The notice shall indicate:

1.: where and during which period the application documents are laid down in accordance with the third sentence, and
2.: that any objections to the posts to be recorded in the notice shall be brought forward within the period of application of the notice.

(3) Any person whose interests are affected by the project may, up to two weeks after the expiry of the period of interpretation, collect objections in writing or in writing to the competent authority against the application. At the end of the period of application, all objections which are not based on specific private-law titles shall be excluded; this shall be indicated in the notice. (4) If, following a request for an examination permit referred to in paragraph 1, a request for an investigation is required for the for the first time, or for parts of it, a request for the granting of an authorization for an agreement may be submitted and, by means of the said project, the suitability of the rock strata referred to in the application for authorisation may be considered as being Whereas carbon dioxide storage may be affected, the request for grant of a (5) The examination permit shall be issued in writing for certain rock strata in the field of investigation. The field of investigation concerned and the strata concerned are to be described in detail therein. (6) The investigative authorisation or its refusal shall be notified to the applicant and to those who have applied for objection. A copy of the examination permit or its refusal shall be interpreted, on the basis of the statement of reasons and the right of appeal, for two weeks in the place designated by the third sentence of paragraph 2 for inspection. The competent authority shall have the operative part of the investigation authorisation or its refusal with a right of appeal before the interpretation in its official publication sheet, in at least one local daily newspaper, which shall be published in the , and to make known on its website. The notice shall indicate where and during which period the documents referred to in the second sentence shall be interpreted for inspection. If, in addition to the applicant, more than 50 deliveries are to be made in accordance with the first sentence, these deliveries may be replaced by the public notice referred to in sentences 2 and 3. By the end of the period of interpretation, the communication shall be deemed to be notified to those concerned who have not received any objections and, in the case of the fourth sentence, also to those who have raised objections; the notice shall refer to that . Unofficial table of contents

§ 9 Rules and revocation of authorisation

(1) The subsequent recording, amendment or amendment of conditions shall be permissible if this is necessary in order to ensure compliance with the requirements laid down in § 7 (1) to (3). The authorisation shall be limited to the period necessary for a proper investigation. It can be extended once for this purpose. The approval may not be extended or extended beyond 31 December 2015. (2) The authorisation may be revoked if:

1.: For reasons which the person entitled to the investigation has to represent, no use of it has been made within one year, or the scheduled investigation has been interrupted for more than one year, or
2.: one of their eligibility requirements has subsequently fallen away and cannot be remedied in an appropriate period of time.

Unofficial table of contents

§ 10 Use of foreign land

(1) Anyone who wishes to use a foreign land for the measurements, soil, underground and groundwater or similar work required for the purpose of the investigation, has to do so before the start of the investigation.

1.: the consent of the property owner and the other authorized users and,
2.: if the property is dedicated to a public purpose by law or by law, including the consent of the authority responsible for the maintenance of that purpose

. Article 905, second sentence, of the Civil Code remains unaffected. (2) After completion of the investigative work, the person entitled to the investigation shall immediately restore the former condition of foreign land, unless the maintenance of the Effects on the land after decision of the competent authority for subsequent storage of carbon dioxide, or the competent authority for the proper restoration of the environmental goods concerned or for the purpose of reusing them the surface has a deviation from the previous state (3) The person entitled to the investigation has the property owner and the other person entitled to use the property for the purposes of the investigation work, not by restoring the former state or other measures referred to in paragraph 2 a balanced asset replacement in money. The holders of rights in rem in the property are entitled to the right to compensation in accordance with Articles 52 and 53 of the Introductory Act to the Civil Code. (4) In order to secure their claims under paragraphs 2 and 3, the Property owners and other persons entitled to use shall require the performance of a sufficient security pursuant to § 232 of the Civil Code. (5) If the consent required under the first sentence of paragraph 1 is denied, it may be used in areas such as: outside of buildings, gardens and fenced court rooms upon request by a decision (6) The competent authority shall, upon request, also decide on the amount of the replacement claim referred to in paragraph 3 or the security to be provided for (4) where an agreement is not reached; the costs of the proceedings shall be borne by the person entitled to the investigation. It is only when the replacement or safety has been carried out that the investigation may be started or continued.

Subsection 2
Construction and operation

Unofficial table of contents

Section 11 Planning for the establishment and operation of a carbon dioxide storage

(1) The establishment, operation and substantial modification of a carbon dioxide storage facility shall be subject to the prior plan determination by the competent authority. The public should be informed as far as possible about the project, in particular the situation and the size of the carbon dioxide storage and the technology of carbon dioxide storage, before the application is made. In doing so, the public shall be given the opportunity to express and discuss them. The competent authority shall ensure that the prospective applicant carries out, where necessary, a public dialogue procedure and the dispute settlement procedure. The Länder may determine the more detailed requirements for the procedure laid down in sentences 2 to 4. (2) A plan approval may be issued in accordance with Article 74 (6) of the Administrative Procedure Code in the case of a plan approval decision, if:

1.: a major change in carbon dioxide storage is requested,
2.: the rights of others are not affected, or the persons concerned have agreed to the use of their property or other right in writing,
3.: with the institutions of public interest whose remit is to be affected, and
4.: there is no obligation to carry out an environmental impact assessment.

(3) The storage of carbon dioxide outside an approved carbon dioxide storage and in the water column shall not be permitted. Unofficial table of contents

§ 12 Application for a plan determination

(1) The application for plan approval or planning permission must include:

1.: the name and place of residence or seat of the applicant;
2.: Proof of the applicant's technical expertise, in the case of legal persons or partnerships of persons entitled to represent the person entitled under the law, the statutes or the social contract, or the person responsible for the establishment, management and supervision of the installation responsible persons,
3.: proof of the financial capacity required and of the reliability of the applicant,
4.: indication of whether the establishment and operation are requested or whether a substantial change is requested,
5.: the exact location and designation of the carbon dioxide storage and storage complex and the exact registration in maps with a suitable scale,
6.: the description of the installation and of the technologies to be used,
7.: information on the annual and total amount of carbon dioxide to be stored, its estimated origin and composition, and rates of injection, injection pressure and maximum reservoir pressure,
8.: information on the expected pressure evolution in the storage complex, the solution and release of substances and the displacement of formative waters during and after the injection,
9.: an indication of the date at which the plant is to be put into service.

(2) The applicant shall attach to the application for a plan approval or planning authorisation the documents necessary for the examination of the application, in particular:

1.: the proof of security (§ 19),
2.: the monitoring concept (§ 20),
3.: the temporary decommissioning and after-care concept (Article 17 (2)) and
4.: the documents required under the Environmental Impact Assessment Act.

(3) In the event of a substantial change, the application shall contain the information referred to in paragraph 1 and the documents referred to in paragraph 2 to the extent that these particulars and documents are necessary for the decision pursuant to § 11. (4) The application of the holder of a Examination approval pursuant to § 7 shall take precedence over all further applications for plan determination for the establishment and operation of a carbon dioxide storage facility in the same rock strata. Unofficial table of contents

§ 13 Plan determination

(1) The plan may only be determined or the plan approval shall be granted only if:

1.: ensuring that the establishment and operation of the planned carbon dioxide storage system does not adversely affect the good of the general public and does not conflict with overriding private interests, taking into account the location-based nature of the site;
2.: the long-term safety of carbon dioxide storage is guaranteed,
3.: Moreover, risks to man and the environment cannot be caused,
4.: the necessary preventive measures against adverse effects on man and the environment are taken, in particular by preventing significant irregularities; the necessary preventive measures for the storage of carbon dioxide in accordance with Article 2 (2) shall be determined in accordance with the State of Science and Technology,
5.: the documents to be submitted in accordance with Article 12 (2) comply with the requirements of this Act and the legal regulations issued pursuant to this Act;
6.: the applicant can ensure that the carbon dioxide stream complies with the requirements of section 24;
7.: the applicant has taken the financial security referred to in Article 30 (2) established by the competent authority in respect of the first year of operation; and
8.: Other public-law provisions are not preclude.

The conditions laid down in Article 7 (1), second sentence, points 1 and 3 to 7 shall apply accordingly. In the case of planning and planning permission, the objectives of spatial planning must be observed and the principles and other requirements of spatial planning must be taken into account. In the decision, the results of the environmental impact assessment in accordance with § 12 of the Environmental Impact Assessment Act with a view to an effective environmental risk assessment are to be found in the framework of the approval requirements and the weighing consideration. Consideration must be given to the interests of agriculture and forestry. (2) The planning approval decision or the planning permission must in particular include:

1.: the name and place of residence or seat of the applicant;
2.: the exact location and extent of the carbon dioxide storage, the storage complex and the hydraulic units concerned,
3.: the precise description of the installations and the technologies to be used,
4.: the setting of the annual maximum quantity, the total quantity and the permissible composition of the carbon dioxide to be stored, and the maximum injection rates and the maximum injection pressure,
5.: the definition of measures to prevent leaks and significant irregularities, in particular taking into account the risks of dissolved substances and the displacement of formative waters.

(3) The plan determination decision or the planning permission may be provided with a period of time, conditions, a reservation of revocation or conditions. In order to comply with the provisions of this Act or of the legal regulations issued pursuant to this Act, the acceptance, amendment and supplementation of conditions shall be permissible up to the transfer of the responsibility pursuant to § 31. (4) The competent authority shall: send a copy of the complete application documents, further decision-making data and the draft plan determination decision on the competent authorities in the Federal Government to the Commission. The copy of the full application documents shall be sent to the Commission within one month from the date of their receipt by the competent authority. An opinion from the Commission shall be taken into account in the final decision if it is adopted within four months of the date of transmission of the draft decision fixing decision. The competent authority shall forward to the competent authorities in the Federal Government, via the competent authority in accordance with national law, the decision on the planning of the decision and the justifications for any derogations from the Commission's statement of opinion. Transfer to the Commission. (5) The planning or planning authorisation procedure for a project, the impact of which goes beyond the territory of a country, should be coordinated between the competent authorities of the countries concerned. Unofficial table of contents

§ 14 Dulduty requirement

The property owners and other persons entitled to use the property shall, in accordance with the provisions of the first sentence of Article 75 (2) of the Administrative Procedure Act, tolerate the effects associated with the permanent storage, insofar as these are exclusively the earth's body. under the surface of the land. § 905 sentence 2 of the Civil Code remains unaffected. The property owner and other persons entitled to use shall not be liable for adverse effects caused by storage to be tolerated by them in accordance with the first sentence. Unofficial table of contents

§ 15 Pre-effect of expropriation

(1) The establishment and operation of the carbon dioxide storage facility shall be deemed to be the best interests of the general public, and expropriation shall be permitted to the extent that it is necessary for the purpose of carrying out the project and the purpose of the expropriation is to be taken into account in accordance with the location of the storage facility. The project cannot be reached in other reasonable ways, in particular elsewhere. The project is intended for the good of the general public if it is necessary for the demonstration of permanent storage in Germany and, for the purpose of climate protection, the emission of carbon dioxide in Germany is permanently reduced. (2) Expropriation presupposedly requires the applicant to make serious and reasonable efforts to obtain the right to acquire the rights in the property or to agree to a use relationship in vain to do so. Expropriation shall not exceed the extent necessary to achieve the purpose of the expropriation. If a property or a spatially or economically connected property is to be expropriated only in part, the owner can demand the extension of the expropriation to the remaining property or the remaining property to the extent that the property is (3) The competent authority shall decide on the existence of the conditions referred to in paragraph 1 in the decision on the planning of the plan. The decision to determine the plan shall be based on the expropriation procedure; it shall be binding on the expropriation authority. Moreover, the expropriation laws of the countries apply. Unofficial table of contents

Section 16 Revocation of plan determination

(1) Plan determination and planning permission may be revoked if a condition which is relevant to the decision has subsequently been taken away and cannot be remedied in an appropriate period of time. § 49 of the Administrative Procedure Act shall apply for the subsequent removal of the conditions referred to in § 13 (1), first sentence, point 1, and for the revocation for other reasons. The revocation of the planning approval or the planning permission for the establishment and operation of a carbon dioxide store shall be without prejudice to the obligations laid down in § § 17 and 18. (2) The competent authority shall revoke the planning of the plan, it shall be Order the operator to shut down the carbon dioxide storage immediately. The competent authority shall be entitled to carry out decommissioning and after-care measures at the expense of the operator itself or through the appointment of another person if the operator of the order does not operate within a competent authority (3) the first sentence of paragraph 2 shall not apply if the carbon dioxide storage facility is to be continued by a third party and the competent authority, following a preliminary examination, concludes that a plan for the benefit of the third party is can be determined in accordance with § 13. Until such time as the decision is taken, the competent authority shall operate the carbon dioxide storage facility itself or by commissioning another one, and the costs shall be borne by the former operator.

Subsection 3
Decommissioning and aftercare

Unofficial table of contents

Section 17 Decommissioning

(1) The decommissioning shall be subject to approval. (2) Documents on the grounds of decommissioning and a decommissioning and after-care concept shall be attached to the application for the closure of the decommissioning. The decommissioning and after-care concept shall consist of the updated safety certificate in accordance with § 19 and an updated monitoring concept according to § 20, in compliance with the provisions of Annex 2, point 2. (3) The authorisation shall be granted if:

1.: the decommissioning and after-care concept complies with the legal requirements,
2.: ensure that the conditions set out in the first sentence of Article 13 (1) (2) to (4) are met after the decommissioning and during the after-care period, and
3.: Other public-law concerns are not preclude.

The Authority may take the necessary measures to ensure the approval of the decommissioning. (4) In all cases where the operator is subject in accordance with the provisions of this Act, a law adopted pursuant to this Act , or due to a regulatory decision to decommission, it shall immediately cease injecting carbon dioxide. It shall submit to the competent authority unsolicly and without delay an application for the approval of the decommissioning and the documents referred to in paragraph 2. (5) The operator shall be obliged to decommission the carbon dioxide storage facility if the latter in the Decision on the determination of the planting of carbon dioxide in accordance with Article 13 (2) (4) has been stored. Where the operator has submitted a request for an increase in the amount of carbon dioxide to be stored, the competent authority may, at the operator's request, be required to fulfil the obligation laid down in the second sentence of paragraph 4 until the end of the procedure for increasing the amount of storage. if a decision can be expected in favour of the operator. (6) After the approval has been granted, the operator must carry out the decommissioning at his/her costs. Decommissioning does not include the elimination of facilities required for aftercare. The competent authority shall determine the correct closure of the decommissioning on request. Unofficial table of contents

§ 18 Post-care

Upon completion of the decommissioning of the carbon dioxide storage, the operator is obliged, in particular in accordance with the decommissioning and after-care concept, to take care of the costs of leaks and impairments of man and the environment. The obligations pursuant to § § 22 and 23 shall apply accordingly.

Subsection 4
Evidence and programmes

Unofficial table of contents

Section 19 Security certificate

The operator is obliged to prepare the proof of security on the basis of the characterization and evaluation according to § 7 paragraph 3 sentence 1. The proof of safety shall be used to provide the competent authority with the evidence required for the examination of the conditions laid down in Article 13 (1), first sentence, points 2 to 4. The safety certificate shall also describe appropriate measures for the prevention and disposal of leakages and significant irregularities. An opinion of the Federal Institute for Geosciences and Natural Resources and the Federal Environment Agency must be attached to the proof of security. Unofficial table of contents

Section 20 Monitoring concept

(1) The operator is obliged, for the period from the establishment of the carbon dioxide storage until the transfer of the responsibility according to § 31 a monitoring concept for the planning and implementation of the monitoring in accordance with § 22 (1) and (2), in particular in accordance with the conditions laid down in Appendix 2. The monitoring concept shall be accompanied by the information required pursuant to Article 45 (4). (2) The monitoring concept shall be updated every five years, without prejudice to Article 21 (2), in accordance with the provisions of Annex 2, in order to provide new information in the Assessment of long-term safety, of leakage risks and of risks to humans and the environment, as well as to technical developments. An amendment to the monitoring concept in relation to the text, which was a condition for the decision-making decision in accordance with Article 13 (1), first sentence, point 5, requires the approval of the competent authority, in so far as the amendment does not form part of the Adaptation process according to § 21 (2).

Subsection 5
Operator duties

Unofficial table of contents

Section 21 Adaptation

(1) The operator is obliged to keep all activities and installations for the permanent storage in accordance with Article 2 (1) at a level which ensures the fulfilment of the conditions set out in § 13 (1), first sentence, points 2 to 4. The competent authority shall specify the obligation laid down in the first sentence of the first sentence of Article 13 (3) sentence 2; it shall review every five years whether the conditions set out in Article 13 (1), first sentence, points 2 to 4 shall be met. At the request of the competent authority, the law to be drawn up, evidence and concepts shall be adjusted at reasonable intervals to the precautionary standard in accordance with section 13 (1), first sentence, point 4. The adjustment shall be agreed with the competent authority and shall be ensured from the start of the carbon dioxide storage until the transfer of the responsibility according to § 31. Unofficial table of contents

Section 22 Own surveillance

(1) The operator has, on the basis of the monitoring concept in accordance with § 20, the carbon dioxide storage and the storage complex, in particular the facilities for injection, the behaviour of the stored carbon dioxide and its effects on the (2) Monitoring shall be carried out in such a way as to enable, in particular, the following:

1.: the comparison of the actual behaviour of the stored carbon dioxide with the behaviour previously forecast in accordance with Appendix 1 in the model;
2.: the identification of the nature and extent of leaks, significant irregularities and migrations,
3.: the identification of the nature and extent of potential adverse effects on humans and the environment, and the concerns of third parties,
4.: the assessment of the effectiveness of remedial action taken in accordance with Article 23; and
5.: continuous inspection during operation, in particular whether the conditions of the first sentence of Article 13 (1) (1) (1) to (4) at this location can be met with the operating mode chosen.

(3) The operator shall, at the request of the competent authority, and at least once a year, transmit the following information:

1.: the results of the continuous monitoring, including the data obtained and the technology used, and
2.: the information necessary to verify compliance with the conditions for admission and to extend the state of knowledge of the behaviour of carbon dioxide in a carbon dioxide reservoir.

Unofficial table of contents

Section 23 Measures in the event of leakages or significant irregularities

(1) In case of leakages or significant irregularities, the operator shall immediately

1.: to indicate the nature and extent of the competent authority,
2.: take appropriate measures to eliminate the leakage or significant irregularity and to prevent further leaks and significant irregularities, in particular by taking measures in the safety case in accordance with Article 19, sentence 3, and
3.: to indicate the measures taken and their effects to the competent authority and to the property owners and other persons entitled to use.

2. The landowners and other persons entitled to use the property shall have the necessary effects on the implementation of the measures referred to in paragraph 1 (2). For the purpose of using the land for this purpose, § 10 (2) to (4) and (6) sentence 1 shall apply accordingly. In so far as the measures are unsuitable or unreasonably impair the property owner or the other authorized user, they shall be prohibited by the competent authority. Unofficial table of contents

Section 24 Requirements for carbon dioxide flows

(1) A stream of carbon dioxide may only be accepted and injected into a carbon dioxide storage place if:

1.: it consists predominantly of carbon dioxide and the amount of carbon dioxide is as high as that according to the state of the art in the particular type of plant, which can be achieved with a relatively high degree of effort,
2.: it contains, as side components other than substances intended to increase the safety and improvement of the monitoring, only the inevitable addition of substances which are obtained from the starting material and from those for the deposition, transport and permanent the storage of the methods used,
3.: damage to man and the environment, the long-term safety of carbon dioxide storage and the safety of injection and transport equipment by the substances referred to in paragraph 2, and
4.: it does not contain any waste or any other substance for disposal.

(2) In order to ensure the requirements referred to in paragraph 1, the operator shall be obliged to continuously monitor the composition of the carbon dioxide stream prior to permanent storage and to regularly monitor the composition of the competent authority; at least, however, every six months. In particular, the origin of the carbon dioxide stream and the names of the establishments in which the carbon dioxide or parts have been separated from it shall be indicated. The operator shall demonstrate through a risk assessment that the conditions set out in points 2 to 4 of paragraph 1 are met. (3) The operator shall have an operating diary which shall provide information on the quantities and characteristics of the operator. the composition and origin of the carbon dioxide stream, including the names and addresses of the establishments in which the carbon dioxide has been deposited, and the transport of carbon dioxide, including those used for transport, carbon dioxide lines and their operators.

Subsection 6
Regulation

Unofficial table of contents

Section 25 Regulation of requirements for carbon dioxide storage

(1) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Ministry of Economics and Technology, to determine by means of law, with the consent of the Federal Council, that the sentence in § 1 sentence 1. for the purposes of implementing acts of the European Union, in order to comply with § 7 (1) and (2) of the investigation and in order to comply with the first sentence of Article 13 (1) (1) to (4), (6) and (2) and the first paragraph of Article 21 (1), the establishment, operation, monitoring, decommissioning, aftercare and the nature of carbon dioxide storage must meet certain requirements, in particular:

1.: that the carbon dioxide stores must meet certain operational, organisational and technical requirements and, in particular, the requirements to be met by the permanent storage and the technical facilities required for this purpose; ,
2.: the operators are not allowed to put the carbon dioxide storage into service or to complete the decommissioning after they have been approved by the competent authority, including in the event of a substantial change,
3.: what measures need to be taken to prevent accidents or to limit their impact;
4.: the requirements for self-monitoring in accordance with section 22;
5.: the establishment, establishment and labelling of safety zones around the facilities of carbon dioxide storage in the continental shelf and in coastal waters,
6.: the preventive and implementing measures referred to in Article 7 (1), second sentence, point 6, for the protection and proper recovery of the environmental goods concerned, as well as for the prevention, recovery and disposal of waste during the investigation and, in connection with Article 13 (1), first sentence, points 1 to 4, to meet during the establishment, operation, monitoring, decommissioning and aftercare of carbon dioxide storage systems, and the requirements to be met by those measures,
7.: What technical and legal knowledge (technical knowledge) responsible persons must have according to the nature of the tasks and powers conferred upon them, taking into account the respective state of the art, which evidence is to be provided hereafter and how the competent authority has to examine the existence of the necessary technical expertise,
8.: the measures to be taken in the event of significant irregularities or leakages in accordance with section 23 and the notification to the competent authority of the notification,
9.: the composition of the carbon dioxide stream in accordance with Article 24, in particular the maximum concentrations of carbon dioxide stream by process or the monitoring of improving secondary constituents, and
10.: the procedure to be followed for the guidance and presentation of the evidence in accordance with Article 24 (2) and (3).

For the requirements set out in paragraphs 1, 3, 4 and 6 of the first sentence, it is possible to refer to publicly available notices of expert posts, indicating the date of the notice in the regulation and the reference source being precise , The regulation of safety zones referred to in the first sentence of paragraph 5 shall be without prejudice to rules on safety zones on grounds of other laws. (2) Legal regulations issued pursuant to paragraph 1 shall be reviewed regularly to determine to what extent the comply with the precautionary standard laid down in Article 13 (1), first sentence, point 4; the legal regulations may be adjusted if necessary. Unofficial table of contents

Section 26 Regulation of requirements for the procedure

(1) The Federal Ministry of Economics and Technology is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, by means of a legal regulation with the consent of the Federal Council, to the procedure for the To regulate the planning approval, the planning approval and the decommissioning authorisation, in particular details of the content of the application in accordance with § 12 (1) and the documents to be submitted in accordance with § 12 (2), and further details of the application. specify the requirements for the content of the application and the documents to be submitted, as well as the content of the application (2) The Federal Ministry of Economics and Technology is authorized to act in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety by means of a legal regulation with the consent of the Federal Council, the requirements for the form, the contents and the procedure for the preparation, updating and presentation of the proof of security in accordance with § 19, the monitoring concept in accordance with § 20 and the decommissioning and Follow-up concept in accordance with § 17 (2) sentence 2.

Section 3
Review by the competent authority; supervision

Unofficial table of contents

Section 27 Review by the competent authority

The competent authority shall verify whether the inclusion, modification or addition of any conditions or revocation is necessary,

1.: as soon as it becomes aware of leakages or significant irregularities,
2.: if there is a suspicion that the operator has infringed the provisions of this law, legal regulations or authorisations issued under this Act, or any subsequent conditions, or
3.: if it appears on the basis of the state of the art or on the basis of new scientific findings, which are important for man and the environment.

Irrespective of the first sentence, such a review shall be carried out at least at five years ' time. Unofficial table of contents

Section 28 Supervision

(1) The competent authority shall monitor the establishment, operation, decommissioning and aftercare of carbon dioxide storage, as well as investigative work under this Act. It shall, in particular, ensure that the provisions of this Act and the legal regulations adopted pursuant to this Act are not contrary to the provisions of this Act, to the provisions and to the authorisation of such authorisation, and to the provisions of the Act of Inquiry, (2) The members of the competent authority and its agents, as well as the members of other competent authorities and the members of the competent authority, shall comply with the requirements laid down by the competent authority and the authorities of the competent authorities. Representatives are empowered, with the exception of operating and business premises, to enter the following places at any time outside of the usual business hours and apartments and to carry out all the examinations necessary for the performance of their duties:

1.: Places where installations, equipment or facilities which are used for the establishment or operation of carbon dioxide storage or of the investigation under this Act, or which may be presumed to be presumed to have been used for this purpose, shall be: , and
2.: Land where knowledge of compliance with the provisions of this law can be obtained.

They may request the necessary information from the responsible persons or persons employed there. In addition, Section 36, first sentence, of the Product Safety Act shall apply accordingly. In order to prevent urgent risks to public safety and public order, business and commercial premises may also be entered outside the usual business hours, as well as apartments and the necessary tests are carried out there. The fundamental right to inviolability of the home (Article 13 (1) of the Basic Law) is restricted by sentence 4. § 55 of the Code of Criminal Procedure shall apply in respect of the person responsible for the information. (3) The competent authority shall carry out regular checks on the storage of carbon dioxide, including the associated facilities and facilities, with a view to having an impact on the The person and the environment and the observance of the provisions of this Act, the legal regulations issued pursuant to this Act, the provisions and orders based on them, and the observance of the investigative authorisation, of the Planning approval or planning approval and subsequent requirements monitor. The checks shall take place at least once a year. Additional controls shall be carried out if:

1.: the Authority becomes aware of leaks, significant irregularities or breaches of the provisions of this Act or of the legal regulations adopted pursuant to this Act, against the decision of the planning authorities or on the planning permission or against a post-retrospected edition or
2.: this is necessary for the investigation in the case of reasoned third party notices of significant adverse environmental effects.

(4) Without prejudice to the obligations of the operator, the competent authority may order that a condition be removed which shall comply with the provisions of this Act or of the legal regulations adopted pursuant to this Act, the authorisation to be examined, the Planning permission decision or planning permission or a retrospection ordered retrospectionally. It may also order the removal of a condition from which, for other reasons, there may be disadvantages for the common good. The competent authority may, in particular, order:

1.: that and what protective measures are to be taken,
2.: that the further injection of carbon dioxide is to be interrupted,
3.: that the carbon dioxide storage is to be shut down,
4.: that and what measures must be taken to comply with the conditions laid down in Article 31 (2).

Where leaks are to be obtained or serious irregularities have occurred, the competent authority shall take appropriate measures to prevent or remedy the situation. (5) The opposition and the action against orders under paragraph 4 shall not have any effect. Suspensive effect. If the operator does not meet the arrangements referred to in the third sentence of paragraph 4 within a reasonable time limit set by the competent authority, the necessary measure shall be taken at the operator's own expense or by the authority of the operator (6) The competent authority shall draw up a report on the control referred to in paragraph 3 on the basis of a report on:

1.: the outcome of the control,
2.: the observance of the provisions of this Act, the legal regulations adopted pursuant to this Act, arrangements and dispositions based thereon, compliance with the examination permit, the decision on the planning of the plan or the Planning approval and subsequent requirements, and
3.: the assessment of whether further action is needed.

The report shall be forwarded to the operator and shall be made available within two months of completion of the inspection by the competent authority in accordance with the legislation of the Member States on the dissemination of environmental information. (7) Further Powers under other legislation shall remain unaffected.

Chapter 4
Liability and provision

Unofficial table of contents

§ 29 Liability

(1) If, as a result of the exercise of an activity governed by this Law, or by an installation or establishment approved under this Act, someone is killed, his body or his health is injured or a cause is damaged, the The holder of the licence and the person responsible for the performance of the activity, the equipment or equipment of the responsible operator, shall replace the injured party with the damage resulting therefrom. (2) Is a activity referred to in paragraph 1, annex or facility appropriate to the circumstances of the individual case, the damage caused , it shall be presumed that the damage has been caused by this activity, plant or equipment. The suitability in individual cases shall be assessed on the basis of the course of operations, the equipment used, the nature and concentration of the substances used and released, the meteorological conditions, the time and place of the occurrence of the damage and the time after which the material has been taken and the Damage image as well as all other conditions that speak for or against the damage caused in individual cases. Sentence 1 shall not apply if the installation has been operated in accordance with its intended purpose and any other circumstance other than an activity, installation or installation referred to in paragraph 1 is appropriate, in accordance with the circumstances of the individual case, to cause the damage, in particular in the cases referred to in Article 120 (1), second sentence, of the Federal Mining Act. (3) In the circumstances of the individual case, several of the activities, installations or facilities referred to in paragraph 1 shall be considered to be the polluter and shall be deemed to have been do not determine which of them has caused the impairment, each of these Activities, installations or facilities to be considered as causal. In the case of the first sentence, the operators of the activities, installations or facilities concerned shall be liable as the total debtor. In proportion to each other, the obligation to replace and the extent of the replacement shall depend on the circumstances and, in particular, on the extent to which the damage was mainly caused by one or the other part. § § 8 to 16 and 18 (1) of the Environmental Liability Act shall apply accordingly. Unofficial table of contents

§ 30 Cover provision

(1) The operator of a carbon dioxide store shall be obliged to fulfil

1.: the obligations arising out of this law, including decommissioning and aftercare obligations,
2.: legal claims for damages,
3.: the obligations arising from the Greenhouse Gas Emissions Trading Act; and
4.: the obligations arising from § § 5, 6 and 9 of the Environmental Damage Act

(2) The competent authority shall set the nature and amount of the financial security, the respective evidence, and the date on which the It is a must-see. The fixing must ensure that the financial guarantee is always available in the manner and in the amount fixed, and without delay in order to fulfil the obligations laid down in paragraph 1, including in the cases of § 16 (2) and (3) and § 31 (1) (1) (3) (a) 2 set 3, can be used. In order to comply with the obligations and requirements laid down in paragraphs 1, 2 and 4 of paragraph 1, account shall be taken, where appropriate, of significant irregularities to be taken into account. The scale of the financial security for the performance of the obligations referred to in paragraph 1 (3) shall be the amount of storage predicted for the next operating year, taking into account the risk forecast for any leaks. The security of cover is to be adjusted annually by the competent authority. (3) The financial security of the cover can be provided by

1.: civil liability insurance for insurance undertakings authorised to operate within the scope of this law; or
2.: the performance of collateral according to § 232 of the Civil Code, the position of a suitable guarantor pursuant to Section 239 of the Civil Code, or any other equivalent means of security.

The competent authority may determine and allow the precautionary measures to be linked to the extent to which the effectiveness and the clarity of the security of the financial security are not affected. The operator is obliged to provide the authority with proof of financial security at the request, but at least annually. (4) For the supply income in accordance with § 31 (2), first sentence, 3 percent of the amount of the financial services referred to in paragraph 1 shall be 3 percent of the total amount of the cover. Average value of the number of allowances in accordance with § 3 (4) sentence 1 of the Greenhouse Gas Emissions Trading Act, which corresponds to the amount of carbon dioxide stored in the operating year, at the end of each year at the competent authority as to make security in money. The money shall be invested in interest in accordance with the provisions of § 1807 of the Civil Code; interest shall be added to the amount in accordance with the first sentence of 1 part of the security. The money shall be available for the fulfilment of the other obligations and claims referred to in paragraph 1 and shall be replaced immediately by the operator, insofar as it is used. Unofficial table of contents

Section 31 Transfer of responsibility

(1) The operator may, at the earliest after the end of 40 years after the closure of the decommissioning of the carbon dioxide storage at the competent authority, require that the obligations arising for him from § 18 of this law, from the fulfilment of legal Claims for damages arising from the Greenhouse Gas Emissions Trading Act and the Environmental Damage Act shall be transferred to the country which has established the competent authority (delegation of responsibility). (2) The competent authority shall have the following: transfer of responsibility if, according to the state of Science and technology are the long-term safety of carbon dioxide storage and the operator has made a supply of aftercare in accordance with paragraph 4. The competent authority may, upon request, carry out a transfer of responsibility before the end of the period referred to in paragraph 1, if, on a case-by-case basis, the conditions set out in the first sentence are already met at that time. Where the conditions set out in the first sentence are met, the competent authority may, at any time, transfer responsibility for the decommissioned carbon dioxide storage facility. Section 13 (4) shall apply accordingly. The transfer of responsibility shall be confirmed in writing to the operator. (3) Prior to the transfer of responsibility, the operator shall, in a final proof of long-term safety, in particular to prove the following:

1.: the consistency of the current behavior of the stored carbon dioxide with the modeled behavior,
2.: the structural integrity of the permanent sealing of carbon dioxide storage;
3.: the absence of leakages or significant irregularities; and
4.: the future long-term stability of carbon dioxide storage.

All findings concerning the behaviour of the carbon dioxide in the carbon dioxide storage tank obtained during the post-closure monitoring and all previous leakages and significant irregularities shall be taken into account for the detection. In the case referred to in Article 16 (2), the first sentence shall be applied on the basis that the long-term safety record shall be provided at the operator ' s expense by the authority itself or by the appointment of another. This shall also apply in the case of a transfer in accordance with the third sentence of paragraph 2, provided that the operator does not provide the long-term proof of security within the time limit set by the competent authority. (4) The yield yield shall be equal to the amount of the amount referred to in Article 30 (4). The amount to be paid plus the interest received on that amount. The contribution shall cover at least the foreseeable expenditure of surveillance for a period of 30 years after the transfer of responsibility. The amount to be paid shall be charged with the security in accordance with § 30 (4). The countries may, individually or jointly, establish a system for the financial protection of the duties transferred under paragraph 1. (5) After the transfer of responsibility, the controls may be adjusted in accordance with Section 28 (3). The monitoring can be reduced to a level which enables the detection of leakages or significant irregularities. Where leaks or significant irregularities are identified, monitoring must be stepped up in order to identify the causes and the nature and extent of such leaks and the effect of measures to eliminate leakages or significant irregularities. (6) The operator may, in the proof referred to in the first sentence of paragraph 3, intentionally or negligently provide false or incomplete information or become apparent only after the transfer of responsibility that the operator during the period of his or her Liability in respect of the provisions of this Act or of the provisions of this Act , which has failed to comply with the provisions of this Act, has failed to comply with the provisions of this Act, the decision to grant authorisation, the decision to determine the plan or the planning permission or the provisions of this Act, may be incurred as a result of the transfer of , they will be reclaimed by him. Unofficial table of contents

Section 32 Regulation empowerment for financial security and the transfer of responsibility

(1) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Ministry of Economics and Technology, to adopt more detailed provisions by means of a legal regulation with the consent of the Federal Council.

1.: the date on which the operator of a carbon dioxide storage facility is to be taken into account in accordance with § 30 of the financial security cover,
2.: the necessary extent, the permitted species, the level and the adjustment of the financial security,
3.: the requirements for individual collateral, in particular the position of a guarantor and an exemption and guarantee obligation of a credit institution;
4.: the procedures and powers of the authority responsible for the establishment and supervision of financial security,
5.: the obligations of the operator of the carbon dioxide storage, the insurance undertaking, the guarantor and the person who has taken over a waiver or guarantee obligation to the person responsible for the supervision of the security of financial security. Authority.

(2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Ministry of Economics and Technology, to comply with the provisions of the Federal Council for the following provisions with the consent of the Federal Council. To adopt the transfer of responsibility pursuant to § 31 and in particular to determine the procedure and the requirements for the proof of long-term safety in accordance with § 31 (3).

Chapter 5
Access and access of third parties

Unofficial table of contents

Section 33 Connection and access; Regulation empowerment

(1) The operators of carbon dioxide networks and the storage of carbon dioxide shall have non-discriminatory and technical and economic conditions which are proportionate and transparent and which may not be less favourable than those of other undertakings than those which are not less favourable than those of they are applied in comparable cases for services within a company or to associated or associated companies, the connection to their carbon dioxide transmission network and their carbon dioxide storage and access to the same . The operators of carbon dioxide and carbon dioxide storage systems shall cooperate to the extent necessary to ensure efficient access and access. They shall also provide the other undertakings with the information necessary for efficient access and access. (2) The operators of carbon dioxide networks and carbon dioxide storage systems may provide access to and access to refuse, in accordance with paragraph 1, to the extent that they demonstrate that they are unable or unreasonable to grant access and access due to lack of capacity or compelling legal reasons. The rejection shall be given in writing and shall be transmitted immediately to the requesting party and to the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur). At the request of the requesting party, the justification for lack of capacity or lack of connectivity must also contain meaningful information as to what concrete measures and related costs are needed to develop the In particular, it is necessary to provide for the establishment of access or access to the carbon dioxide transmission system; the justification may be required. For the justification provided for in the third sentence, a charge which may not exceed half of the costs incurred may be required, provided that it has been previously referred to the creation of costs. (3) When operators of carbon dioxide networks are responsible for the costs incurred in the production of refuse access or access for capacity reasons, they shall be obliged to carry out the necessary development measures, to the extent that:

1.: it is economically reasonable to do so, or
2.: the party requesting the connection or access takes over the costs of such measures; and

These measures do not affect the safety of carbon dioxide transport and the storage of carbon dioxide. (4) The Federal Ministry of Economics and Technology is authorized to do so by means of a regulation without the consent of the Federal Council

1.: provisions concerning the technical and economic conditions for the connection and access referred to in paragraph 1;
2.: , in which cases, under which conditions and in which procedure the Federal Network Agency may lay down the conditions set out under point 1, or at the request of the operator of the carbon dioxide network or of the Carbon dioxide storage can be approved.

Unofficial table of contents

Section 34 Powers of the Federal Network Agency; Regulation empowerment

(1) The Federal Network Agency may require operators of carbon dioxide transmission networks and carbon dioxide storage systems to defer conduct which is subject to the provisions of § § 33 to 35 as well as to the legal regulations issued pursuant to sections 33 and 34 of this Regulation is contrary. If an operator of carbon dioxide networks and carbon dioxide stores does not comply with its obligations under sections 33 to 35 or the legal regulations issued pursuant to § § 33 and 34, the Federal Network Agency may take measures to: (2) The Federal Network Agency shall take decisions on the conditions for the connection and access on the basis of the legal regulations issued in accordance with Section 33 (4) by establishing an operator, or of a group of operators or of all operators of carbon dioxide networks; and (3) The Federal Network Agency shall have the power to amend the conditions laid down or approved in accordance with paragraph 2 of this Article, in so far as it is necessary to ensure that: that they will continue to meet the conditions required for a determination or authorisation. § § 48 and 49 of the Administrative Procedure Act shall remain unaffected. (4) In the case of decisions taken pursuant to paragraphs 1 and 2, the Federal Network Agency shall take into account

1.: the maximum amount of carbon dioxide to be stored in accordance with Article 13 (2) (4) or the capacity which can be made available under reasonable conditions, taking into account the analysis and assessment referred to in § 5, and the management capacity which may be is available or can be made available under reasonable conditions,
2.: the share of the obligations of the Federal Republic of Germany to reduce carbon dioxide emissions under international law and under the law of the European Union, which is to be fulfilled by the deposition and permanent storage of carbon dioxide,
3.: the need to refuse access if technical specifications are not to be reconciled under reasonable conditions,
4.: the need to recognise the adequately substantiated needs of the owner or operator of the carbon dioxide storage or of the carbon dioxide transmission networks and the interests of all other users of the carbon dioxide storage potentially affected or of the carbon dioxide transmission networks or the relevant processing or handling equipment.

(5) The Federal Ministry of Economics and Technology is hereby authorized, by means of a regulation without the consent of the Federal Council, to adopt the procedure for determining or approving the provisions of paragraph 2 and the procedure for amending the conditions laid down in paragraph 3 to be more detailed. Unofficial table of contents

Section 35 Administrative and judicial procedures for the connection and access of third parties; Regulation empowerment

(1) The Federal Network Agency shall initiate an official procedure for the connection and the access of third parties to the Federal Network Agency (Bundesnetzagentur). (2) The proceedings before the Federal Network Agency shall be subject to the participation of the Federal Network Agency.

1.: who has requested the initiation of proceedings,
2.: undertakings against which the proceedings are directed,
3.: Persons and associations of persons whose interests are significantly affected by the decision and which the Federal Network Agency has added at the request of the proceedings.

(3) The appeal shall be admissible against decisions of the Federal Network Agency. The Oberlandesgericht (Oberlandesgericht), which is responsible for the seat of the Bundesnetzagentur (Bundesnetzagentur), decides on the appeal; this jurisdiction is an exclusive one. (4) Against the decisions of the Bundesnetzagentur (Federal Network Agency) in charge of the main proceedings Oberlandesgericht takes place the legal complaint to the Federal Court of Justice if the Higher Regional Court has allowed the legal complaint. The non-admission of the legal complaint can be challenged independently by means of non-admission proceedings. (5) On the basis of the cases assigned to the Oberlandesgericht (Oberlandesgericht) pursuant to paragraph 3, the court decides against the law in accordance with § 91 of the law against Restrictions on competition in the case of cartel senate formed for the head office of the Federal Network Agency. The antitrust council formed in accordance with Section 94 of the Act against restrictions on competition in the Federal Court of Justice decides on the remedies referred to in paragraph 4. (6) Unless otherwise specified in this Act, the antitrust authority shall apply to the public authorities and to the competent authorities. § § 67 to 90a as well as 94 of the Energy Economic Law accordingly. The fundamental right of inviolability of the flat (Article 13 (1) of the Basic Law) is restricted with regard to searches pursuant to § 69 (4) of the German Energy Act. (7) The Federal Network Agency charges costs (fees and expenses) for Arrangements according to § 34 (1), for the adoption or approval of connection conditions in accordance with § 34 (2) and for decisions concerning changes in these connection conditions pursuant to § 34 (3). The rates shall be calculated in such a way as to cover the costs associated with the acts of the official acts. The debtor is the person who has made the work of the Bundesnetzagentur (Bundesnetzagentur), or the one available from the Federal Network Agency (Bundesnetzagentur), by means of a request. The Federal Ministry of Economics and Technology is authorized to regulate the fee rates by means of a legal regulation with the consent of the Federal Council. (8) The tasks and responsibilities of the antitrust authorities remain unaffected.

Chapter 6
Research Storage

Unofficial table of contents

Section 36Validate of provisions

The provisions of Chapters 1, 3, 4 and 7 with the exception of § 43 shall apply for research storage and the examination of the subsoil for its suitability for the construction of research stores, unless otherwise specified in § § 37 and 38. is. Unofficial table of contents

§ 37 Approval of research stores

(1) The establishment, operation and substantial modification of a research storage facility or the modification of the research objective shall be subject to approval by the competent authority. The authorisation shall be granted if the conditions laid down in the first sentence of Article 13 (1) (1) to (8) and the second sentence of paragraph 1 are met. The application and authorisation must contain the name of the research purpose. (2) In individual cases, the competent authority may, upon request, exempt the requirements from the first sentence of Article 13 (1), first sentence, points 2, 4 to 6, to the extent that the purpose of the application is to: of research

1.: the long-term safety of carbon dioxide storage,
2.: the provision of carbon dioxide storage to prevent damage to humans and the environment; or
3.: the safety of the injection systems

and insofar as that purpose cannot be achieved in any other way. Exemption shall be permitted only if risks to man and the environment cannot be caused. Unofficial table of contents

Section 38 Application of provisions

(1) § 9 (1) sentence 4, § 11 (1) and (2), § § 14, 15, 19 sentence 4, § 20 (1) sentence 2 and § 30 (1) point 3 shall not apply to research reservates and the investigation of the subsoil to its suitability for the establishment of research stores Application. (2) In the case of the application of § 7 (3), § 19 sentence 3, § 21 (1), § 23 (1) (2), § 28 (4) sentence 3 and § 31 as well as the issuing of legal regulations pursuant to § § 25, 26, 32 and 33, the interests of the research must be taken into consideration. Article 17 (5) shall apply with the proviso that the operator shall also be obliged to decommission the research storage facility if the work has been completed for the authorised purpose of the research; the results of the research shall be the Bundesanstalt für Geosciences and raw materials.

Chapter 7
Final provisions

Unofficial table of contents

Section 39 competent authorities

(1) The authority responsible for the enforcement of this law is governed by the law of the country, unless otherwise provided in this law. (2) Before decisions within the meaning of § § 7, 13, 17 and 37, the competent authority of the Federal Institute for Geosciences and raw materials and the Federal Environment Agency give an opportunity to comment and take into account the recommendations of these Opinions. Where the competent authority referred to in paragraph 1 differs from the recommendations for the decision, such derogations shall be justified in the decision. Sentences 1 and 2 shall not apply to the extent that a decision is made solely on a request for examination of the subsoil for its suitability for the establishment of research stores pursuant to § 7. (3) Before decisions on access to carbon dioxide storage in accordance with Article 34 (1) to (3), the Federal Network Agency shall contribute to the competent authority referred to in paragraph 1 in accordance with paragraph 2. If there is a particular need, the competent authority may, in accordance with paragraph 1, obtain opinions from the Federal Institute for Geosciences and Natural Resources and the Federal Environment Agency. Unofficial table of contents

§ 40 Knowledge exchange; Regulation empowerment

(1) Operators of carbon dioxide and carbon dioxide pipelines, which have been approved until 31 December 2017, and of carbon dioxide storage systems, shall operate with other operators of such installations, the competent authorities of the Authorities, the Federal Institute for Geosciences and Natural Resources, the Federal Environment Agency and the scientific institutions responsible for the research, development and testing of technologies for the deposition, transport and sustainable use of Storage of carbon dioxide, a knowledge exchange through. To this end, each year the respective insights gained are

1.: the self-monitoring according to § 22,
2.: on the reduction of carbon dioxide emissions in the energy generation and industrial processes per unit of energy in terms of separation, transport and storage as a whole,
3.: on the respective storage potentials and
4.: on planned research, development and testing projects

(2) The Federal Ministry of Economics and Technology shall be authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, by: Ordinance with the consent of the Federal Council to determine the more detailed contents of the knowledge exchange and the data necessary for the purpose of the knowledge exchange as well as for the preparation of the evaluation report in accordance with § 44, as well as the Procedures for knowledge exchange. (3) The competent authority shall examine the data provided on the content and scope of the data and shall provide them for the exchange of knowledge and for the preparation of the data. of the evaluation report in accordance with § 44. It may determine which scientific institutions are to be included in the exchange of knowledge and shall arrange for the data required in accordance with paragraph 1 to be made available. Unofficial table of contents

Section 41 Fees and charges; Regulation empowerment

(1) Charges and deposits may be levied in accordance with the law of the State for official acts under this Act. The competent authorities pursuant to Section 39 (1) of the Federal Republic of Germany have to pay the quota of the fees to be paid for official acts pursuant to § § 7, 13 and 17 to the Bundeskasse. (2) The Federal Ministry for Economic Affairs and Social Affairs Business and technology are authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, and the Federal Ministry of Finance, by means of a legal regulation with the consent of the Bundesrat, the second sentence of paragraph 1. to determine the rate of fee income of countries to be paid. Unofficial table of contents

Section 42 State-of-the-art storage charges

The decision on the introduction of national taxes linked to permanent storage is in the countries of the country. Unofficial table of contents

Section 43 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

shall establish, operate or substantially alter a carbon dioxide pipeline, without any identified or approved plan referred to in Article 4 (1) or (2);

2.

a fully-fledgable edition of

a): § 4, paragraph 4, or
b): Section 9 (1), first sentence, or § 13 (3)

shall be contrary to

3.

shall examine the subsoil without authorisation in accordance with Article 7 (1) sentence 1,

4.

Contrary to § 7 (3) sentence 2, a result referred to in this paragraph shall not be presented in time,

5.

shall set up, operate or substantially amend, without any identified or approved plan, in accordance with the first sentence of Article 11 (1) or (2), a storage of carbon dioxide,

6.

in breach of § 11 (3) of carbon dioxide,

7.

an enforceable arrangement in accordance with Article 17 (3) sentence 2,

8.

against

a): § 17 (4), first sentence, the injection of carbon dioxide is not or is not established in time, or
b): § 17 (4), first sentence, of an application or a document not or not submitted in good time,

9.

contrary to Article 22 (1) or (2), in connection with a legal regulation pursuant to section 25 (1), first sentence, point 4, which does not carry out surveillance, is not carried out correctly or in full,

10.

Contrary to § 22 (3), even in conjunction with a regulation pursuant to § 25 (1) sentence 1, point 4, a claim referred to in that paragraph shall not be transmitted, not correct, not complete or not in good time,

11.

in accordance with the first sentence of Article 23 (1) (1) (1) or (3), including in connection with a legal regulation pursuant to Article 25 (1), first sentence, point 8, an indication not, not correct, not fully or not reimbursed in good time,

12.

in accordance with Article 23 (1), first sentence, point 2, also in conjunction with a regulation pursuant to section 25 (1), point 8, of a measure not or not meeting in good time,

13.

, contrary to § 24 (1), also in conjunction with a regulation pursuant to section 25 (1) (9), accepts a carbon dioxide stream or injects it into a carbon dioxide storage facility,

14.

contrary to the first sentence of Article 24 (2), also in conjunction with a legal regulation pursuant to Article 25 (1) (10),

a): does not monitor the carbon dioxide flow, or
b): does not provide evidence or does not provide evidence in good time,

15.

Contrary to § 24 (3), even in connection with a legal regulation pursuant to section 25 (1) (10), an operating diary does not lead, is not correct or does not complete,

16.

a fully-retractable arrangement according to

a): Section 28 (2), second sentence, or
b): Section 28 (4), Sentence 1, 3 or 4

shall be contrary to

17.

without authorization pursuant to § 37 (1) sentence 1

a): establishes, operates, or substantially changes a research storage facility, or
b): the purpose of the research, or

18.

a legal regulation in accordance with

a): Section 25 (1), first sentence, points 1 to 3, 5, 6 or 7, or § 32, or
b): Section 4 (6) (2), § 33 (4)

or a enforceable order by virtue of such a decree, to the extent that the legal regulation refers to that fine for a certain amount of the offence.

(2) The fines referred to in paragraph 1 (2) (b), (3), (6) to (11), (13) to (16) and (18) (a) shall also apply to research reservates within the meaning of § 36. (3) The administrative offence may be applied in cases where:

1.: paragraph 1 (2) (b), (3), (6), (7), (8) (a), (9), (13), (14) (a), (16) (b) and (18) (a), in each case also in conjunction with paragraph 2, and
2.: paragraph 1 (1), (2) (a), (5), (12), (17) (a) and (18) (b)

are punishable by a fine of up to a hundred thousand euros. In the other cases, the administrative offence may be punishable by a fine of up to 20 000 euro. Unofficial table of contents

Section 44 Evaluation report

(1) The Federal Government shall report to the German Bundestag by 31 December 2018 and thereafter at intervals of four years on the application of this Act as well as on the international experience gained. The report is intended to present the experience and results of the establishment and operation of the research and demonstration projects for the capture, transport and permanent storage, as well as the technical progress, the latest scientific knowledge and the report referred to in Article 38 (2) of Directive 2009 /31/EC. (2) The report referred to in paragraph 1 shall in particular examine and assess:

1.: the contribution that the capture, transport and permanent storage of carbon dioxide can make to climate protection and to the most secure, efficient and environmentally sound energy supply and industrial production,
2.: the impact of the capture, transport and sustainable storage of carbon dioxide technologies on the environment,
3.: the economic impact of the capture, transport and sustainable storage of carbon dioxide technologies,
4.: the possibility and the need for uniform standards,
5.: the need to define the objectives and principles of spatial planning for the underground in order to solve competitive tentions between carbon dioxide storage and other uses; and
6.: Opportunities and opportunities for European cooperation in the transport and storage of carbon dioxide.

(3) In so far as the report reveals the need for legislative measures, the Federal Government is to propose these. If the establishment of carbon dioxide storage is to be permitted after the expiry of the period referred to in paragraph 1, the Federal Government will be the German Bundestag on the basis of the report and of the in the test and demonstration of carbon dioxide storage In accordance with Article 2 (2) of the prior art, a proposal for the design of the precautionary standard shall be submitted. Unofficial table of contents

Section 45 Transitional provision

(1) Procedures which have already been initiated for the granting of a licence pursuant to Section 7 of the Federal Mining Act, which relate to the exploration of mineral resources, in particular Sole, in potential storage complexes may be continued in accordance with Article 7 of this Act. if requested, and the necessary application documents are submitted. (2) Inquiry results obtained in the context of investigation work pursuant to Section 7 of the Federal Mining Act may be used for the examination permit in accordance with § 7 of this Act. The competent authority shall abrobe from the examination of individual requirements in accordance with § 7, in so far as the existence of these conditions already exists in a procedure for the granting of a permit pursuant to Section 7 of the Federal Mining Act and of an operating plan pursuant to § 51 (1) of the Federal Mining Act to search for the mineral resources referred to in paragraph 1 has been established and the applicant so requests within one year of the entry into force of the law. (3) If a Land Government has indicated its intention to: In accordance with Article 2 (5), the draft law shall be submitted by a majority of the State legislature to , the competent authority has decided to postpone the decision on applications pursuant to § § 7 and 12 until the entry into force of the law pursuant to § 2 (5), but not more than three years after the application. (4) The The information required pursuant to Article 20 (1) sentence 2 shall be determined from the provisions of Commission Decision 2007 /589/EC of 18 July 2007 laying down guidelines for monitoring and reporting on greenhouse gas emissions in the The meaning of Directive 2003 /87/EC of the European Parliament and of the Council (Monitoring guidelines) (OJ C 327, 28. 1), as set out in Decision 2010 /345/EU (OJ L 327, 28.11.2010, p. OJ L 155, 22.6.2010, p. 34). As from the date of entry into force of the Commission Regulation, in accordance with Article 14 (1) of Directive 2003 /87/EC of the European Parliament and of the Council of 13 June 2003, October 2003, establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96 /61/EC (OJ L 327, 30.12.1996, p. 32), as last amended by Directive 2009 /29/EC (OJ L 284, 31.10.2009, p. 63), the provisions of this Regulation shall be governed by the Commission in place of the provisions of the Monitoring Guidelines. (5) Chapter 6 does not apply to research reservates which are already in force before 24 August 2012. have been approved under other legislation. Unofficial table of contents

Section 46 Exclusion of national law

Unless otherwise specified in Section 4 (1) sentence 5 and Section 11 (1) sentence 5, the provisions of the administrative procedure provided for in this Act and pursuant to this Act shall not be deviated by national law. Unofficial table of contents

Appendix 1 (to § 7 (1) sentence 2, point 2, paragraph 3, sentence 1, § 22, paragraph 2, point 1)
Criteria for the characterisation and evaluation of the potential carbon dioxide storage and potential storage complex and its environment

(Fundstelle: BGBl. I 2012, 1746-1748)
The characterisation and evaluation of potential carbon dioxide storage and potential storage complexes shall be carried out in three stages after the evaluation of best practices and according to the following criteria. Derogations from one or more of these criteria may be approved by the competent authority, provided that the operator has demonstrated that it is the validity of the characterisation and assessment of the selection decisions. in accordance with Section 7 (3).

1.

Data collection (level 1)

1.1

The necessary data are to be collected in order to produce a volumetric and static three-dimensional earth model (3-D Earth model) for the carbon dioxide storage and the storage complex, which model the cover rock and the surrounding rock layers including the hydraulically connected areas. This data material must include at least the following data on the specific characteristic of the storage complex:

a): Geology and geophysics;
b): hydrogeology, in particular utilizable groundwater;
c): storage properties and the intended way of engineering storage containment, including volumetric calculations of the pore volume for carbon dioxide injection and final storage capacity;
d): geochemistry (dissolution rate, rate of mineralization);
e): Geomechanics and other rock properties (permeability, crack and blocking pressures);
f): Seismik;
g): Presence and state of natural and anthropogenic pathways, including wells and boreholes, which could serve as possible leakage routes.

1.2

The following characteristics of the storage complex environment are to be documented:

a): rock strata surrounding the storage complex, which could be affected by the storage of carbon dioxide in the carbon dioxide storage;
b): Population distribution, topography and infrastructure in the area above carbon dioxide storage;
c): Proximity to valuable environmental goods and raw materials, in particular to areas declared protected by nature and landscape in accordance with § § 22 and 57 (2) of the Federal Nature Protection Act, as well as to Natura 2000 sites, to Drinking-water protection areas, groundwater suitable for drinking and thermal water use and hydrocarbons;
d): Activities in the environment of the storage complex and possible interactions of carbon dioxide storage with these activities, such as exploration, production and underground storage of hydrocarbons, potential geothermal use of rock strata and the use of groundwater resources;
e): distance to potential industrial carbon dioxide sources, including estimates of the total amount of carbon dioxide potentially available for storage under economically viable conditions, as well as the availability of appropriate sources of carbon dioxide, Transport networks.

2.

Creation of a 3-D Earth model (level 2) With the data collected in Level 1, a 3D Earth model of the planned storage complex or a series of such models is created using computer-assisted reservoirs simulators. This model or these models also include the cover rock and the hydraulically connected areas with the corresponding fluids. The 3-D Earth models characterize the storage complex with respect to

a): the structural geological conditions and the retention mechanisms;
b): Geomechanical, geochemical and fluidic properties of the reservoir and layers of rock which are above the carbon dioxide reservoir and surround it (covering rock, sealing and permeable rock, geological barrier);
c): Fracture systems and the presence of anthropogenic pathways;
d): the spatial extent of the storage complex;
e): the pore volume volume, including porosity distribution;
f): the composition and properties of existing formational fluids;
g): any other relevant characteristic.

In order to assess the uncertainty with which each parameter used for modelling is affected, a number of scenarios are set up for each parameter and the appropriate confidence limits are determined. It also assesses the extent to which the model itself is fraught with uncertainty.

3.

Characterization of dynamic storage behavior, sensitivity characterization, risk assessment (level 3) The characterizations and ratings are based on dynamic modeling. This includes several time step simulations of the injection of carbon dioxide into the carbon dioxide storage. Dynamic modeling is based on the 3-D Earth models of the storage complex, which are created in Level 2.

3.1

Characterization of dynamic memory behavior (stage 3.1)

3.1.1

At least the following factors must be taken into account:

a): the possible injection rates and properties of the carbon dioxide stream;
b): the effectiveness of coupled process modelling, i.e. the way in which several individual effects are coupled in the simulator or the simulators;
c): reactive processes, that is, the way in which injected carbon dioxide reactions are taken into account in the case of minerals present on the spot;
d): the reserve simulator used (multiple simulations may be necessary to confirm certain results);
e): short-term and long-term simulations to determine the fate of carbon dioxide and its behavior, including its dissolution rate in water and displaced formation fluids, over decades, centuries and millennia.

3.1.2

Dynamic modeling provides insights into

a): Pressure and temperature in the storage formation as a function of the injection rate and the stored amount of carbon dioxide over time;
b): the spatial and vertical distribution of carbon dioxide over the course of time;
c): the behaviour of the carbon dioxide in the carbon dioxide storage, including the phase behaviour due to pressure and temperature;
d): the carbon dioxide holding mechanisms and carbon dioxide holding rates, including lateral and vertical seals and barriers, as well as possible overflow points;
e): secondary carbon dioxide containment systems in the storage complex and its environment;
f): storage capacity and pressure gradients in carbon dioxide storage;
g): the risk of the formation of cracks in the carbon dioxide storage and in the storage complex, especially in the densiding rock layers;
h): the risk of carbon dioxide entering the sealing deck rocks;
i): the risk of leakage from carbon dioxide storage, for example by means of boreholes which have been shut down or leaked unobjectively;
j): the possible carbon dioxide migration rates;
k): Risk-closure probability and crack closure rate;
l): possible changes in the chemical composition of the formation waters and chemical reactions contained in the carbon dioxide storage, such as changes in pH or mineralisation, as well as the inclusion of changes and reactions in the Reactive modelling for impact assessment, in particular with regard to the safety of borehole closures;
m): Displacement of the original formation fluids;
n): Possible increased seismic activity and possible elevation of the underlying geological layers and the surface.

3.2

Characterization of the sensitivity (level 3.2) By means of multiple simulations, it is determined how sensitive the evaluation reacts to different assumptions for certain parameters. The simulations are based on different parameter values in the 3-D Earth model or in the 3-D Earth models and different rate functions and assumptions in dynamic modeling. A significant sensitivity is taken into account in the risk assessment.

3.3

Risk assessment (level 3.3) The risk assessment shall include, inter alia:

3.3.1

Characterisation of the hazards The hazards are characterized by determining the potential of the storage complex for leakages by the above described dynamic modeling and the characterization of the safety. The following aspects shall be taken into account, inter alia:

a): potential leakage routes;
b): the potential scope of possible leakages in the case of identified leakage paths (flow rates);
c): critical parameters that influence the leakage potential, for example maximum pressure in the carbon dioxide storage, maximum injection rate, temperature, sensitivity for different assumptions in the 3-D Earth model or in the 3-D Earth models, quality the geological barrier;
d): the secondary effects of the storage of carbon dioxide, including the displacement of formation waters and the formation of new substances by the storage of carbon dioxide in the storage complex;
e): risks to the use of groundwater, in particular for drinking water resources;
f): any other factor which could pose a risk to human health or to the environment, for example, by anthropogenic interventions and possible repercussions on the environment.

Risk characterisation includes the full range of potential operating conditions, so that the safety of the storage complex can be tested and assessed.

3.3.2

Risk assessment The risk shall be assessed on the basis of the environmental characteristics and the distribution and activities of the population living above the storage complex, as well as the possible behaviour and fate of carbon dioxide, which shall be based on the potential leakage routes determined in accordance with point 3.3.1.

3.3.3

Impact assessment The consequences shall be assessed on the basis of the sensitivity of certain species, communities or habitats in the context of the possible leaks identified in accordance with point 3.3.1. This shall include, where appropriate, the effects of the exposure of higher carbon dioxide concentrations to the biosphere, including soils, marine sediments and marine waters, with, for example, oxygen deficiency and reduced water pH. The impact assessment shall also include an assessment of the effects of other substances which may leak from the storage complex in the event of leakages (impurities contained in the injection stream or resulting from the storage of carbon dioxide). new substances). These effects are considered in terms of various temporal and spatial orders of magnitude and in connection with leaks of varying degrees.

3.3.4

Risk characterisation The risk characterisation consists of an assessment of the short-and long-term security of carbon dioxide storage, including an assessment of leakage risk under the proposed conditions of use, and the the worst possible environmental and health consequences. Risk characterisation shall be based on an assessment of the risks and risks and on an impact assessment. It shall include an assessment of the sources of uncertainty identified during the various stages of the characterisation and evaluation of the carbon dioxide storage, and, as far as possible, a presentation of the possibilities for reducing the amount of carbon dioxide. Uncertainty.

Unofficial table of contents

Annex 2 (to the second sentence of Article 17 (2) and the first sentence of Article 20 (1) and the first sentence of paragraph 2)
Criteria for the establishment and updating of the monitoring concept and for the follow-up

(Fundstelle: BGBl. I 2012, 1749-1750)

1.

Establishment and updating of the monitoring concept The monitoring concept referred to in Article 20 (1) shall be drawn up and updated on the basis of the risk assessment carried out in accordance with Appendix 1, level 3, in order to carry out the self-monitoring according to § 22 , The concept includes the following:

1.1

Establishment of the monitoring concept

1.1.1

The monitoring concept regulates the monitoring in the main project phases, including the start of the project, operation and follow-up care. For each phase, the following shall be included in the concept and shall be specified:

a): monitored parameters;
b): the monitoring technology used and the justification of that selection;
c): monitoring locations and justification of this selection;
d): Implementation frequency and justification of this definition.

1.1.2

It is determined which parameters are to be monitored so that the monitoring meets its purpose. In any case, the monitoring concept shall provide for the monitoring of the following aspects at regular intervals:

a): diffuse emissions of carbon dioxide during injection;
b): the volumetric carbon dioxide flow at the wellbore heads;
c): Pressure and temperature of the carbon dioxide on the well heads to determine the mass flow;
d): chemical analysis of the carbon dioxide flow;
e): temperature and pressure in carbon dioxide storage for the determination of the behaviour and the chemical-physical state of carbon dioxide;
f): chemical and physical properties of groundwater.

1.1.3

The choice of the monitoring method is based on the best practices available at the time of planning. Use of the following technologies may be used:

a): technologies that capture the presence, location and migration routes of carbon dioxide in the subsoil and surface;
b): Technologies that provide data on the pressure and volume behaviour as well as the spatial and vertical saturation distribution of the carbon dioxide in the storage complex and with which the numerical 3-D simulations are carried out on the basis of the system according to Appendix 1. Refine 3-D Earth models of the storage complex;
c): Technologies that can be used widely to ensure that, in the event of significant irregularities or the migration of carbon dioxide from carbon dioxide storage, data everywhere within the spatial limits of the entire storage complex and outside it over previously unrecognized potential leakage paths.

1.2

Monitoring concept update

1.2.1

The data obtained from the monitoring are compared and evaluated. To this end, the measured data and the observed results are compared with the behaviour of the dynamic three-dimensional simulation of the pressure, volume and volume carried out in the context of the safety characterization according to Appendix 1, stage 3. Saturation behavior has been predicted.

1.2.2

If there is a significant deviation between the observed behavior and the predicted behavior, the three-dimensional model will be adjusted according to the observed behavior. This adjustment is based on the data collected with the aid of the monitoring concept. Additional data shall be collected if necessary to ensure the reliability of the assumptions used for the adjustment.

1.2.3

The levels 2 and 3 mentioned in Appendix 1 are repeated using the adapted 3-D Earth model or the adapted 3-D Earth models to analyse new hazard scenarios and flow rates and to review the risk assessment and to Update.

1.2.4

As a result of the comparison of historical data with the results of the adapted 3-D-Earth model, carbon dioxide sources as well as flow paths and migration rates of carbon dioxide or significant deviations from previous assessments, the monitoring concept will be updated accordingly.

2.

After-care monitoring The after-care monitoring is based on the data collected in the course of the implementation of the monitoring concept in accordance with § 20, paragraph 1, and entered into the corresponding modelling. In particular, it shall serve to provide the data necessary for the transfer of the responsibility under section 31.

Law for the demonstration of the permanent storage of carbon dioxide

Original Language Title: Gesetz zur Demonstration der dauerhaften Speicherung von Kohlendioxid

Subscribe to a Global-Regulation Premium Membership Today!

Law on the demonstration of the permanent storage of carbon dioxide (carbon dioxide storage law-KSpG)

Footnote

Content Summary

Chapter 1 General provisions

§ 1 Purpose of the Law

§ 2 Scope, territorial determination of the country

§ 3 Definitions

Chapter 2 Transport

Section 4 Planning of carbon dioxide pipelines; Regulation empowerment

Chapter 3 Durable storage

Section 1 Nationwide evaluation and register

§ 5 Analysis and evaluation of the potentials for permanent storage

§ 6 Register; Regulation empowerment; Report to the Commission

Section 2 Approval and operation

Subsection 1 Investigation

Section 7 Investigation authorisation

§ 8 Procedure and formalities

§ 9 Rules and revocation of authorisation

§ 10 Use of foreign land

Subsection 2 Construction and operation

Section 11 Planning for the establishment and operation of a carbon dioxide storage

§ 12 Application for a plan determination

§ 13 Plan determination

§ 14 Dulduty requirement

§ 15 Pre-effect of expropriation

Section 16 Revocation of plan determination

Subsection 3 Decommissioning and aftercare

Section 17 Decommissioning

§ 18 Post-care

Subsection 4 Evidence and programmes

Section 19 Security certificate

Section 20 Monitoring concept

Subsection 5 Operator duties

Section 21 Adaptation

Section 22 Own surveillance

Section 23 Measures in the event of leakages or significant irregularities

Section 24 Requirements for carbon dioxide flows

Subsection 6 Regulation

Section 25 Regulation of requirements for carbon dioxide storage

Section 26 Regulation of requirements for the procedure

Section 3 Review by the competent authority; supervision

Section 27 Review by the competent authority

Section 28 Supervision

Chapter 4 Liability and provision

§ 29 Liability

§ 30 Cover provision

Section 31 Transfer of responsibility

Section 32 Regulation empowerment for financial security and the transfer of responsibility

Chapter 5 Access and access of third parties

Section 33 Connection and access; Regulation empowerment

Section 34 Powers of the Federal Network Agency; Regulation empowerment

Section 35 Administrative and judicial procedures for the connection and access of third parties; Regulation empowerment

Chapter 6 Research Storage

Section 36Validate of provisions

§ 37 Approval of research stores

Section 38 Application of provisions

Chapter 7 Final provisions

Section 39 competent authorities

§ 40 Knowledge exchange; Regulation empowerment

Section 41 Fees and charges; Regulation empowerment

Section 42 State-of-the-art storage charges

Section 43 Penal rules

Section 44 Evaluation report

Section 45 Transitional provision

Section 46 Exclusion of national law

Appendix 1 (to § 7 (1) sentence 2, point 2, paragraph 3, sentence 1, § 22, paragraph 2, point 1) Criteria for the characterisation and evaluation of the potential carbon dioxide storage and potential storage complex and its environment

Annex 2 (to the second sentence of Article 17 (2) and the first sentence of Article 20 (1) and the first sentence of paragraph 2) Criteria for the establishment and updating of the monitoring concept and for the follow-up

Search Translated Laws of Germany

Chapter 1
General provisions

Chapter 2
Transport

Chapter 3
Durable storage

Section 1
Nationwide evaluation and register

Section 2
Approval and operation

Subsection 1
Investigation

Subsection 2
Construction and operation

Subsection 3
Decommissioning and aftercare

Subsection 4
Evidence and programmes

Subsection 5
Operator duties

Subsection 6
Regulation

Section 3
Review by the competent authority; supervision

Chapter 4
Liability and provision

Chapter 5
Access and access of third parties

Chapter 6
Research Storage

Chapter 7
Final provisions

Appendix 1 (to § 7 (1) sentence 2, point 2, paragraph 3, sentence 1, § 22, paragraph 2, point 1)
Criteria for the characterisation and evaluation of the potential carbon dioxide storage and potential storage complex and its environment

Annex 2 (to the second sentence of Article 17 (2) and the first sentence of Article 20 (1) and the first sentence of paragraph 2)
Criteria for the establishment and updating of the monitoring concept and for the follow-up