Geological Storage of CO2 Act

Spain’s Law 40/2010 on the geological storage of carbon dioxide transposes Directive 2009/31/EC into domestic law.

The text provides the key aspects of a legal framework based on exploration licences and storage permits. Both are granted by the ministry of industry, energy and tourism following consultation with the ministry of agriculture, food and the environment. A report must also be issued by the region in which the storage site is to be located.

An exploration licence is granted in cases in which it is necessary to explore a site in order to determine its storage capacity, and entitles the holder to explore only that area. The licence duration will not exceed 6 years, though the ministry may extend it for a further period of no more than 3 years.

As to storage permits, their main aspects are:

• A storage permit entitles its holder to exclusively operate a storage site for a 30-year period extendible by two successive 10-year periods.
• The granting of a storage permit involves a declaration of public interest in respect of the overlying land as required for the installation of injection facilities.
• The storage permit holder must draw up a plan for continuous monitoring of the injection facilities and storage complex. Spain’s regional governments for their part will conduct systematic routine inspections of these facilities.
• The material stored should consist largely of carbon dioxide, so no wastes or other substances may be disposed of in the CO2 flow.
• Once the permit has expired, the holder will seal the site as specified and responsibility for it will pass to the State.

As to transportation, the Spanish cabinet is to adopt measures proposed by the ministry of industry, energy and tourism as required to guarantee access for potential users to transportation networks and storage sites.

In order to disseminate and give access to information, the ministry of industry, energy and tourism is to keep a record of storage permits granted and a permanent log of all sealed storage sites and storage complexes in the vicinity.

For more information see Ley 40/210 de Almacenamiento geológico de dióxido de carbono.