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11.2.2011 Official
Journal
of
the
European
Union L
37/19
COMMISSION DECISION
of 10 February 2011
introducing the questionnaire to be used for the first report on the implementation of Directive
2009/31/EC of the European Parliament and of the Council on the geological storage of carbon
dioxide
(notified under document C(2011) 657)
(Text with EEA relevance)
(2011/92/EU)
THE EUROPEAN COMMISSION,
(3) The
first
report
should
be
sent
to
the
Commission
by
30 June 2011. The questionnaire produced by the
Having regard to the Treaty on the Functioning of the European
Commission should be sent to Member States at least
Union,
6 months before the deadline for the submission of the
report.
Having regard to 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
(4) The
measures
provided
for
in
this
Decision
are
in
Directive 85/337/EEC, European Parliament and Council
accordance with the opinion expressed by the Climate
Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC,
Change Committee, according to the procedure referred
2008/1/EC and Regulation (EC) No 1013/2006 (
to in Article 6 of Directive 91/692/EEC,

1 ), and in
particular Article 27(1), thereof,
Having regard to Council Directive 91/692/EEC of
HAS ADOPTED THIS DECISION:
23 December 1991 on standardising and rationalising reports
on the implementation of certain Directives relating to the
environment (
Article 1

2 ),
Member States shall use the questionnaire set out in the Annex
Whereas:
as a basis for the first report on the implementation of Directive
2009/31/EC.
(1) Article
27(1)
of
Directive
2009/31/EC
requires
that
Member States submit a report to the Commission on
the implementation of Directive 2009/31/EC, including
Article 2
on the register referred to in Article 25(1)(b) of Directive
2009/31/EC, every 3 years.
This Decision is addressed to the Member States.
(2)
Article 27(1) of Directive 2009/31/EC further requires
that the report be drawn up on the basis of either a
questionnaire or outline drafted by the Commission in
Done at Brussels, 10 February 2011.
accordance with the procedure referred to in Article 6 of
Directive 91/692/EEC. A questionnaire with questions on
all relevant elements of Directive 2009/31/EC appears to
For the Commission
be best suited to ensure that the information provided by
the Member States in their reports is complete and
Connie HEDEGAARD
comparable.
Member of the Commission
( 1 ) OJ L 140, 5.6.2009, p. 114.
( 2 ) OJ L 377, 31.12.1991, p. 48.

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L 37/20
EN
Official Journal of the European Union
11.2.2011
ANNEX
Questionnaire on the implementation of Directive 2009/31/EC on the geological storage of carbon dioxide
(‘the Directive’)
1. General
description
1.1.
What are the main changes to national legislation and to the licensing system that were necessary in order to
transpose the Directive into national law? Please indicate the dates on which the relevant transposition legislation
entered into force.
1.2.
Which competent authority or authorities are responsible for fulfilling the duties established under the Directive
(Article 23)?
2. Coordination
of
the
permitting
procedure
2.1. How
does
national
law
ensure
that
the
permitting
procedure
and
conditions
are
fully
coordinated
where
more
than one competent authority is involved? How does coordination work in practice? In particular, give details on
the coordination between the competent authorities for the implementation of the Directive and Directive
2003/87/EC of the European Parliament and of the Council ( 1 ).
3. Transboundary
cooperation
3.1.
Which provisions have been made in the case of transboundary transport of CO 2 , transboundary storage sites or
transboundary storage complexes to ensure that the requirements of this Directive are jointly met (Article 24)?
3.2. Has
there
been
any
experience
with
transboundary
cooperation
in
practice?
4. Selection
of
storage
sites
and
exploration
permits
4.1. Have
areas
from
which
storage
sites
may
be
selected
been
determined
pursuant
to
Article
4(1)?
Has
storage
been
disallowed in parts or in the whole of the territory of the Member State, its exclusive economic zone and on its
continental shelf within the meaning of the United Nations Convention on the Law of the Sea (Unclos)? Member
States are not obliged to justify any such decision, but an indication of which territories are concerned, and why
this has been done, would be useful.
4.2.
Has an assessment of available storage capacity in parts or in the whole of the territory of the Member State, its
exclusive economic zone and on its continental shelf within the meaning of the United Nations Convention on
the Law of the Sea (Unclos) been undertaken (Article 4(2))? If so, please indicate how the assessment was carried
out and the outcome of such an assessment.
4.3.
How does national law ensure that the suitability of a geological formation for use as a storage site is determined
in accordance with the criteria specified in Annex I of the Directive?
4.4. In
which
cases
is
exploration
required
for
the
selection
of
storage
site
(Article
5(1))?
4.5. How
does
national
law
ensure
that
exploration
and
storage
permits
are
open
to
all
entities
possessing
the
necessary capacities and that the permits are granted or refused on the basis of objective, published and non-
discriminatory criteria?
4.6.
How will the competent authority verify that the volume that is being explored is within the limits of the volume
established in the exploration permit (Article 5(3))?
4.7.
How does national law ensure that no conflicting uses of the complex are permitted during the period of validity
of the exploration permit (Article 5(4))?
5. Storage
permit
applications
5.1. How
does
national
law
ensure
that
permit
applications
contain
all
the
information
required
by
Article
7?
6. Storage
permits:
conditions
and
contents
6.1. Completeness
of
storage
permit
conditions
( 1 ) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas
emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

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EN
11.2.2011 Official
Journal
of
the
European
Union L
37/21
6.1.1. How
does
national
law
ensure
that
all
the
requirements
specified
in
Article
8
are
fulfilled?
6.1.2. What
processes
are
in
place
to
ensure
that
all
permit
applications,
draft
storage
permits
and
any
other
material
taken into consideration for the adoption of draft decisions are made available to the Commission within the
specified time-frame (Article 10(1))?
6.1.3. How is it ensured that any opinion issued by the Commission on the draft storage permit will be taken into
account and that the final decision is notified to the Commission and, where it departs from the Commission
opinion, its reasons are stated (Article 10(2))?
6.2. Completeness
of
storage
permit
contents
6.2.1. How does national law ensure that the storage permit contains all the requirements specified in Article 9?
7. Changes,
review,
update
and
withdrawal
of
storage
permits
7.1. How
does
national
law
ensure
that
storage
permits
are
reviewed
and,
where
necessary,
updated,
or,
as
a
last
resort, withdrawn pursuant to Article 11(3)? In particular, give details on how each of the conditions referred to
in Article 11(3) is provided for.
7.2. Withdrawal
of
storage
permit
7.2.1. What are the provisions and procedures if, after a permit has been withdrawn pursuant to Article 11(3), the
competent authority decides to issue a new storage permit in particular with respect to the temporary takeover of
all legal obligations pursuant to Article 11(4)?
7.2.2. What are the provisions and procedures if, after a permit has been withdrawn pursuant to Article 11(3), the
competent authority decides to close the storage site?
8. CO 2 stream acceptance criteria and procedure
8.1. What
are
the
provisions
and
procedures
to
ensure
that
the
CO 2 stream consists overwhelmingly of carbon
dioxide and that no waste or other matter is added for the purpose of disposing of that waste or other
matter? In particular, give details on how conditions are identified to meet the following criteria pursuant to
Article 12(1):
— no adverse effect on the integrity of the storage site or the relevant transport infrastructure,
— no significant risk to the environment and human health,
— compliance with applicable Union legislation.
8.2.
What are the provisions and procedures in place to ensure that the operator accepts and injects CO 2 streams only
if an analysis of the composition, including corrosive substances, of the streams and a risk assessment have been
carried out, and if the risk assessment has shown that the contamination levels are in line with the conditions
referred to in Article 12(1)?
9. Monitoring
9.1.
What measures have been taken to provide that the competent authority ensures that the approved monitoring
plan fulfils the requirements laid down in Annex II and the monitoring and reporting guidelines for greenhouse
gas emissions from the capture, transport and geological storage of carbon dioxide under Directive
2003/87/EC ( 1 )?
9.2.
What are the provisions and procedures to ensure that the operator carries out monitoring of the injection
facilities, the storage complex (including where possible the CO 2 plume) and, where appropriate, the surrounding
environment as specified in the approved monitoring plan?
10. Reporting
10.1. What are the provisions and procedures on reporting by the operator? In particular, give details on the reporting
frequency and how it is ensured that the criteria laid down in Article 14 are met.
( 1 ) Measures to be taken pursuant to Commission Decision 2010/345/EU of 8 June 2010 amending Decision 2007/589/EC as regards the
inclusion of monitoring and reporting guidelines for greenhouse gas emissions from the capture, transport and geological storage of
carbon dioxide (OJ L 155, 22.6.2010 p. 34).

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L 37/22
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Official Journal of the European Union
11.2.2011
11. Inspections
11.1. What are the provisions and procedures in relation to the system of routine and non-routine inspection of all
storage complexes to ensure compliance with the requirements of the Directive and of monitoring the effects on
the environment and on human health (Article 15)? In particular, give details on the frequency of the inspections
and the conditions specified for non-routine inspections.
11.2. To what extent does the system of routine and non-routine inspection include activities such as visits of the
surface installations, including the injections facilities, assessing the injection and monitoring operations carried
out by the operator, and checking all relevant records kept by the operator (Article 15(2))?
12. Leakages
or
significant
irregularities
12.1. What are the provisions and procedures for the notification of the competent authority, including the competent
authority pursuant to Directive 2003/87/EC, by the operator in the event of leakages or significant irregularities
(Article 16(1))?
12.2. What are the provisions and procedures with respect to the implementation of corrective measures by the
operator and, if the operator fails to do so, by the competent authorities (Article 16(2) to (5))?
13. Closure
and
post-closure
obligations
13.1. What are provisions and procedures regarding closure and post-closure obligations?
13.2. How
does
national
law
ensure
that
the
operator
remains
responsible
for
monitoring,
reporting
and
corrective
measures and for all obligations relating to the surrender of allowances in case of leakages and preventive and
corrective measures until the transfer of responsibility (Article 17(2))?
13.3. What are the provisions and procedures for the approval of a definitive post-closure plan based on the provi
sional post-closure plan prior to the closure of a storage site (Article 17(3))?
14. Transfer
of
responsibility
14.1. What are the provisions and procedures for the transfer of responsibility to ensure that the conditions under
Article 18(1) are met?
14.2. Does
national
law
foresee
a
minimum
period
that
has
to
be
elapsed
before
the
transfer
of
responsibility
can
take
place that goes beyond the 20 years foreseen in the Directive? If yes, please specify.
14.3. What
processes
are
in
place
to
ensure
that
transfer
reports
pursuant
to
Article
18(2),
all
draft
decisions
of
approval on the transfer of responsibility and any other material taken into consideration for the adoption of
draft decisions are made available to the Commission within the specified time-frame (Article 18(4))?
14.4. How is it ensured that any opinion issued by the Commission on the draft decision will be taken into account
and that the final decision is notified to the Commission and where it departs from the Commission opinion its
reasons are stated?
14.5. What
measures
have
been
taken
to
ensure
that
after
the
transfer
of
responsibility
monitoring
is
conducted
at
a
level which allows for detection of leakages or significant irregularities (Article 18(6))?
15. Financial
security
15.1. How does national law address the need that proof that adequate provisions can be established, by way of
financial security or any other equivalent, is presented by the potential operator as part of the application for a
storage permit (Article 19)? In particular, specify as to how it is ensured that the following issues are addressed:
— all obligations arising under the storage permit can be met,
— it is valid and effective before commencement of injection,
— periodical adjustment of the financial security,
— provision is made for financial contribution referred to in Article 20.

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EN
11.2.2011 Official
Journal
of
the
European
Union L
37/23
16. Financial
mechanism
16.1. Specify the procedures to ensure that the operator makes a financial contribution available to the competent
authority before the transfer of responsibility pursuant to Article 18 has taken place and how these take account
of the criteria referred to in Annex I of the Directive and elements relating to the relevant history of storing CO 2
(Article 20).
16.2. Does
national
law
foresee
any
post-transfer
obligations
other
than
the
anticipated
cost
of
monitoring
for
a
period
of 30 years to be covered by the financial contribution?
17. Third
party
access
17.1. What measures have been taken to ensure that potential users are able to obtain access to transport networks and
to storage sites in a transparent and non-discriminatory manner for the purposes of geological storage of the
produced and captured CO 2 in accordance with Article 21?
17.2. What
procedures
are
in
place
to
ensure
that
an
operator
refusing
access
on
the
grounds
of
lack
of
capacity
or
a
lack of connection makes any necessary enhancements as far as it is economic to do so or when a potential
customer is willing to pay for them, provided this would not negatively impact on the environmental security of
transport and geological storage of CO 2 (Article 21(4))?
18. Dispute
settlement
18.1. What
are
dispute
settlement
arrangements,
including
an
authority
independent
of
the
parties
with
access
to
all
relevant information?
19. Registers
19.1. What measures have been taken to establish and maintain a register of the storage permits granted and a
permanent register of all closed storage sites and surrounding storage complex, including maps and section of
their spatial extent and available information relevant for assessing that the stored CO 2 will be completely and
permanently contained?
20. Information
and
participation
of
the
public
20.1. How
does
national
law
ensure
that
environmental
information
relating
to
the
geological
storage
of
CO 2 ,
including reports on the results of inspections, are available to the public in accordance with relevant Union
legislation?
21. Penalties
21.1. What are the national rules on penalties applicable to infringements of the national provisions adopted pursuant
to this Directive? In particular, give details on how it is ensured that these rules are implemented and that the
penalties are effective, proportionate and dissuasive.
22. Amendments
to
other
legal
instruments
(Articles
31
to
37)
22.1. How
does
national
law
address
the
amendments
to
Annex
I
and
Annex
II
of
Council
Directive
85/337/EEC
( 1 )?
22.2. How
does
national
law
address
the
amendment
to
Article
11(3)(j)
of
Directive
2000/60/EC
of
the
European
Parliament and of the Council ( 2 )?
22.3. What measures have been taken to ensure that the new Article 9a of Directive 2001/80/EC of the European
Parliament and of the Council ( 3 ) is implemented?
22.3.1. How it is ensured that operators of all combustion plants with a rated electrical output of 300 MW or more for
which the original operating licence is granted after the entry into force of this Directive, i.e. after 25 June 2009,
have assessed the conditions as specified in Article 9a of Directive 2001/80/EC?
22.3.2. What are the provisions and procedures to ensure that, if the conditions as specified in Article 9a of Directive
2001/80/EC are met, suitable space on the installation site for the equipment necessary to capture and compress
CO 2 is set aside?
22.3.3. Are there any cases of practical application of this Article after 25 June 2009?
( 1 ) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the
environment (OJ L 175, 5.7.1985, p. 40).
( 2 ) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community
action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
( 3 ) Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain
pollutants into the air from large combustion plants (OJ L 309, 27.11.2001, p. 1).

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L 37/24
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Official Journal of the European Union
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22.4. How does national law address the amendment to Annex III of Directive 2004/35/EC of the European Parliament
and of the Council ( 1 )?
22.5. How
does
national
law
address
the
amendment
to
Directive
2006/12/EC
of
the
European
Parliament
and
of
the
Council ( 2 )?
22.6. How does national law address the amendment to Regulation (EC) No 1013/2006 of the European Parliament
and of the Council ( 3 )?
22.7. How does national law address the amendment to Annex I of Directive 2008/1/EC of the European Parliament
and of the Council ( 4 )?
( 1 ) Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the
prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56).
( 2 ) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ L 114, 27.4.2006, p. 9). Directive
2006/12/EC is repealed by Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and
repealing certain Directives (OJ L 312, 22.11.2008, p. 3) with effect from 12 December 2010.
( 3 ) Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190,
12.7.2006, p. 1).
( 4 ) Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention
and control (OJ L 24, 29.1.2008, p. 8).

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