Are we ready for the ship transport of CO2 for CCS? Crude solutions from international and European law

Abstract

Carbon capture and storage (CCS) is a crucial element of the energy transition that must take place over the next decades to tackle climate change. In recent years, the political momentum for CCS has increased and Norway is ready to deploy its first full-chain industrial CCS project. The Norwegian government hopes that, in time, this project will expand into a European CCS network. The carbon dioxide (CO2) will be carried by ships for much of the distance. While there are in principle no legal barriers to the ship transport of CO2, this article argues that international and European law are not ready yet to accommodate the ship carriage of CO2. First, the method for overcoming the Article 6 obstacle of the London Protocol reflects what has been politically achievable and not what would be legally desirable. Second, regarding the future Hazardous and Noxious Substances Convention’s Fund, the article argues that CCS is a special case and certain concessions would be warranted. Third, the article highlights that the method for including CO2 shipping into the European Union emissions trading system is not satisfactory.