Carbon Dioxide Capture and Storage under the Clean Development Mechanism: Opportunities and Risks

To mitigate the dangerous impacts of climate change, anthropogenic CO2 emissions must be reduced drastically. In this context, carbon dioxide capture and storage (CCS) has been increasingly considered as an option. As a part of the energy and climate change package, the EU has for the first time provided a comprehensive legal framework for the regulation of CCS at the national level. CCS can also be implemented under the Clean Development Mechanism (CDM) of the Kyoto Protocol, which allows industrial countries to fulfil part of their emission reduction targets in developing countries. This paper explores this option, illustrating how elements of the legal framework proposed for CDM projects in the EU could be utilised, assuming CCS is approved for the CDM. Demonstration of large-scale feasibility and long-term security of storage is still lacking, however. The German Advisory Council on Environment therefore calls for a new law addressing research instead of comprehensive regulation of commercial use under the CCS directive of the EU. To nonetheless provide developing countries with access to CCS technology, promotion as part of technology transfer agreements is a possible alternative.