What changed between the adopted text of 21 Nov 2023 and the adopted text of 25 Apr 2024

Removed:7. Where the report referred to in paragraph 4 of this Article shows that the market is insufficiently developed to provide an adequate injection capacity, the Commission may adjust the contributions under Article 18 while ensuring that the entities affected will have sufficient time to adjust their business plans to the newly defined obligations.

Removed:8. The Union may integrate its neighbouring countries into its efforts under this Chapter by integrating the provisions of this Chapter in agreements with these countries or by establishing new agreements covering the provisions of this Chapter. When integrating these provisions in existing agreements or when establishing new agreements, the agreement shall ensure that all Union environmental, safety and security standards and requirements applicable for projects under this Chapter are respected in the third country. The agreement shall also set out an additional proportionate injection target for the third country as well as, in accordance with Article 18, a pro rata contribution for the relevant entities in the third country.

Removed:1. By ... [3 months from the entry into force of this Regulation], Member States shall:

Removed:(a) make publicly available data on areas where CO2 storage sites can be permitted on their territory.

Removed:(b) oblige entities holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC of the European Parliament and of the Council on their territory to make publicly available on a non-reliance basis all raw geological data relating to production sites that have been decommissioned or whose decommissioning has been notified to the competent authority, and preliminary economic assessments of the respective costs of enabling CO2 injection on each site, including data on:

Removed:(i) whether the site is suitable for sustainably, safely and permanently injecting and storing CO2;

Removed:(ii) whether transport infrastructure and modes suitable for safely transporting CO2 to reach the site is available or can be constructed.

Removed:(c) For the purposes of point (a), the data shall include at least the information requested in the Commission Notice on the Guidance to Member States for the update of the 2021-2030 National Energy and Climate Plans and its subsequent updates.

Removed:2. By ... [six months from the date of entry into force of this Regulation] and each year thereafter, each Member State shall submit to the Commission a report, which shall be made publicly available, describing:

Removed:(a) a mapping of CO2 capture projects in progress on its territory or in cooperation with other Member States, and an estimation of the corresponding needs for injection and storage capacities, and CO2 transport;

Removed:(b) a mapping of CO2 storage and CO2 transport projects in progress on its territory, including the status of permitting under Directive 2009/31/EC, expected dates for Final Investment Decision (FID) and entry into operation;

Removed:(c) the national support measures that have been adopted and measures that could be adopted to prompt projects referred to in points (a) and (b).

Removed:(ca) the national strategy and targets that have been set for the capture of CO2 by 2030, and when applicable in accordance with Article 16(3) for 2035, 2040 and 2050;

Removed:(cb) the arrangements, including bilateral agreements made to facilitate cross-border transportation of CO2, made to ensure that entities capturing CO2 have access to a safe and non- discriminatory means of transporting CO2;

Removed:(cc) CO2 transportation projects in progress and an estimation of the necessary future CO2 transport projects’ capacity to match the corresponding capture and storage capacity.

Removed:2a. Should the report referred to in paragraph 2 show that no CO2 storage projects are in progress on their territory, Member States shall report on plans to facilitate the decarbonisation of industrial sectors faced with unavoidable CO2 emissions. This should include cross-border transport of CO2 to storage sites located in other Member States, as well as CO2 utilisation projects.

Removed:CO2 transport infrastructure

Removed:1. In order to facilitate the achievement of the objective set out in Article 16, the Union and its Member States in partnership with the companies benefiting shall ensure the needed investments in CO2 transport infrastructure, including cross-border infrastructure, are being made.

Removed:2. Member States shall take the necessary measures to ensure that potential users of storage sites are able to obtain access to CO2 transport networks and to storage sites for the purposes of geological storage of the produced and captured CO2.

Removed:3. In order to minimise the environmental impact of CO2 transport, the Union, its Member States and all other actors involved shall aim to minimise the need for CO2 transport.

Removed:4. Member States may form, or may provide support for the formation of, entities that have the objective of creating CO2 transport networks including the construction of infrastructure or the provision of vessels or other means of conveyance. The formation of such entities shall be reviewed at least every two years.

Removed:5. By ... [by six months from the date of entry into force of this Regulation], the Commission and Member States shall draw up a common strategy to finance the infrastructure referred to in paragraph 1.

Removed:1. Each entity selling crude oil, petroleum products or natural gas in the Union shall be subject to an individual and obligatory contribution to the Union-wide target for available CO2 injection capacity set in Article 16. Those individual contributions shall be calculated pro-rata on the basis of each entity’s share in crude oil, petroleum products and natural gas sold in the Union ▌ from 1 January 2020 to 31 December 2023 and shall consist of CO2 injection capacity in a storage site permitted in accordance with Directive 2009/31/EC on the geological storage of carbon dioxide and available to the market by 2030.

Removed:1a. Entities referred to in paragraph 1 shall be able to meet their individual contribution to the Union-wide target for available CO2 injection capacity through making available injection capacity in storages located in countries referred to in Article 16(8).

Removed:1b. Member States shall take the necessary measures to facilitate and incentivise emitters to capture emissions, to incentivise investors to finance the needed infrastructure to transport CO2 to the storage site, and where needed, to directly fund of CO2 storage projects.

Removed:1c. Where CO2 is captured and transported in one Member State and transported and stored in other Member States, Member States shall coordinate measures stated in paragraph 1b. The Commission shall ensure and facilitate such coordination through the establishment of CCS Regional Groupings.

Removed:2. Within three months of the entry into force of this Regulation, Member States shall, identify and report to the ▌Commission the entities referred to in paragraph 1 and their volumes in crude oil and natural gas sale from 1 January 2020 to 31 December 2023.

Removed:3. Following the receipt of the reports submitted pursuant to Article 17(2), the Commission after having consulted Member States and interested parties, shall specify the share of the contribution to the Union CO2 injection capacity objective by 2030 from entities referred to in paragraph 1 of this Article.

Removed:4. Within twelve months of the entry into force of the Regulation, the entities referred to in paragraph 1 shall submit to the Commission a plan detailing how they intend to meet their contribution to Union CO2 injection capacity objective by 2030. Those plans shall:

Removed:(a) confirm the entity's contribution, expressed in terms of targeted volume of new CO2 storage and injection capacity commissioned by 2030;

Removed:(b) specify the means and the milestones for reaching the targeted volume.

Removed:5. To meet their targeted volumes of available injection capacity, entities referred to in paragraph 1 can do any of the following:

Removed:(a) invest in, or develop, CO2 storage projects alone or in co-operation;

Removed:(b) enter into agreements with other entities referred to in paragraph 1, thereby considering the overall aim of increasing regional storage capacity across the Union;

Removed:(c) enter into agreements with third party storage, capture and transport, project developers or investors to fulfil their contribution.

Removed:6. By ... [two years from the entry into force of the Regulation] and every year thereafter, the entities referred to in paragraph 1 shall submit a report to the competent authorities of the Members States and the Commission detailing their progress towards meeting their contribution. In accordance with Directive 2009/31/EC, that report shall include details on the newly commissioned storage capacities, the extent of its utilisation, and an overview of the economic feasibility of planned injection capacities and recommendations to the Member States on additional measured required to reach the CO2 injection targets. The Commission shall make these reports public.

Removed:6a. The Commission shall assess the compliance of the entities referred to in paragraph 1 with the requirements of this Chapter. In this assessment the Commission shall take into account the development of CO2 transport modalities to the injection sites as well as the development of CO2 capture activities to produce the demand for CO2 injection. If either or both infrastructure and capture activities, needed for a specific injection project to become operational, are lacking resulting in a specific entity not meeting its obligations this Article the Commission may reduce the injection obligation of a specific entity for a specific year. Any reduction shall be recovered within five years after the reduction took place.

Removed:7. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation concerning:

Removed:(a) The modalities in which agreements between entities referred to in paragraph 1 and investments in storage capacity held by third parties are taken into account to meet their individual contribution under paragraph 5, points b and c.

Removed:(b) The content of the reports referred to in paragraph 6;

Removed:(ba) Dissuasive and proportionate sanctions and penalties that may be applied to entities referred to in paragraph 1 that fail to comply with the requirements of this Regulation.

Removed:7a. To contribute to the Union CO2 injection capacity objective, entities referred to in paragraph 1 are entitled to account the CO2 injection capacity corresponding to the project shares owned by another shareholder involved in a storage project, in case that shareholder does not fall under the scope of paragraph 1.

Removed:Regulatory framework for the market for captured CO2

Removed:1. By ... [six months from the date of entry into force of the Regulation], the Commission shall publish guidelines indicating the maximum appropriate levels of CO2 purity and of trace elements within the flow that is to be specified by an entity seeking to have a CO2 storage project confirmed as contributing to the Union's injection capacity objective.

Removed:2. By ... [2 years from the date of entry into force of this Regulation], the Commission shall carry out an assessment in accordance with paragraph 2 and, if appropriate, submit a legislative proposal to establish a regulatory framework for a Union-wide CO2 capture, usage, storage and transport market to complement the rules set out in Directive 2009/31/EC, laying down rules on:

Removed:(a) open, fair and non-discriminatory access and safety of the CO2 storage and transport network;

Removed:(b) open, fair and non-discriminatory access to capture CO2 for usage or storage purposes;

Removed:(c) the functioning and interconnection of the CO2 transport network and other infrastructure across the Union;

Removed:(d) economic incentives, funding and financial assistance mechanisms;

Removed:(e) specification standards for CO2 storage and transport;

Removed:(f) environmental standards;

Removed:(g) guarantees for the origin of CO2;

Removed:(h) enforcement mechanisms.

Removed:2a. Before adopting any legislative proposal as referred to in paragraph 2, the Commission shall assess whether:

Removed:(a) the functioning of the CO2 market ensures sufficient access to injection capacity for unavoidable CO2 emissions;

Removed:(b) the obligations set out in Article 18(1) effectively promote the development of the CO2 storage market in the Union.

Removed:Where the assessment pursuant to this paragraph shows that the market is not developing in line with the objectives of this Regulation, the Commission may decide to include rules to provide priority access for unavoidable emissions to injection capacity as well as to amend this Regulation to change the obligations set out in Article 18(1).

Removed:The Commission shall ensure that all sectors with unavoidable industrial process emissions have sufficient access to the CO2 injection capacity. Where its assessments show the market is not developing in line with this objective, the Commission shall develop rules to provide priority access for unavoidable industrial process emissions to the CO2 injection capacity.

Removed:To facilitate the assessment pursuant to this paragraph, the Commission shall develop a list of sectors with unavoidable industrial process emissions from large-scale industrial installations for which no direct emissions reduction options are available after the best available techniques have been applied, based on a clear methodology including scientific evidence, the current state-of-the-art of relevant technologies, economic feasibility, as well as appropriate demand-side emissions reduction measures.

Removed:1. Without prejudice to the World Trade Organization Agreement on Government Procurement (GPA) and other international agreements by which the Union is bound as well as applicable sectoral legislation, in particular Regulations (EU) 2022/1031 and (EU) 2022/2560, contracting authorities and contracting entities shall base the award of contracts for purchase or use for net-zero technology listed in Article 3 of this Regulation, as well as, particularly through public procurement of innovative solutions and pre-commercial public procurement, innovative net-zero technologies or other innovative technologies, in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the environmental and social sustainability and resilience contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU ▌. Contracting authorities and contracting entities shall ensure that the procurement process is open, non-discriminatory and transparency, allowing fair competition among all eligible suppliers.