Implementation of directive 2009/31/EC on the geological storage of carbon dioxide : guidance document 3, criteria for transfer of responsability to the competent authority

The purpose of this set of Guidance Documents is to assist stakeholders to implement Directive 2009/31/EC on the geological storage of CO2 (so called CCS Directive) in order to promote a coherent implementation of the CCS Directive throughout the European Union (EU). The guidance does not represent an official position of the Commission and is not legally binding. Final judgments concerning the interpretation of the CCS Directive can only be made by the European Court of Justice. This Guidance Document 3 (GD3) addresses the issue of transfer of responsibility for all legal obligations from a site operator to the Competent Authority or Authorities (CA or CAs). Article 18 of the CCS Directive specifies the conditions under which all legal obligations can be transferred to the CA of the Member State. It is important to recognize that the scientific basis for CCS is evolving, as more information is gained through the ongoing global research and development efforts. Thus, the scientific knowledge-base on issues associated with transfer of responsibility will improve over time.