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OSPAR Commission

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Who are we?Belgium DenmarkFinland FranceGermany IcelandIreland LuxembourgThe Netherlands NorwayPortugal SpainSweden SwitzerlandThe United Kingdom of Great Britain and Northern Ireland

together with the European Community

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Brief History1972 Oslo Convention on Dumping

1974 Paris Convention on Land-Based Sources

1983 1st North Sea Conference (Bremen)

1987 2nd North Sea Conference (London)

1990 3rd North Sea Conference (The Hague)

1992 OSPAR Convention (and Annexes 1-4 )

1995 4th North Sea Conference (Esbjerg)

1998 First OSPAR Ministerial Meeting (and Annex V and the Strategies)

2002 5th North Sea Conference (Bergen)

2003 Second OSPAR Ministerial Meeting (and Joint HELCOM/OSPAR Ministerial meeting)

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CO2 Placement - OSPAR debate

2002 OSPAR Commission (Amsterdam)“establish as soon as possible an agreed position on whether such placing of CO2

in the sea...was consistent with the OSPAR Convention”

2003 OSPAR Commission (Bremen)considered a preliminary version of the JL report and agreed that further

consideration should be given to it

2004 OSPAR Commission (Reykjavik)welcomed the report as clarifying a complex area and authorised its publication

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OSPAR Convention - Structure I• General obligation in accordance with the

provisions of the Convention to take all possible steps

- to prevent and eliminate pollution and- to protect the North East Atlantic against the adverse effects of human activities

• Obligations to apply the precautionary principle, the “polluter pays” principle, and BAT and BEP

• Adoption of further binding decisions

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OSPAR Convention - Structure IIPollution Prevention and Control

Annex I - Land-Based SourcesAnnex II - DumpingAnnex III - Offshore Installations

Other

Annex IV - Monitoring and AssessmentAnnex V - Ecosystems and Biodiversity

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JL Conclusions on régimes

1. Each annex is a separate régime

2. No overlap between régimes

3. Pollution or not? Thresholds for action and the precautionary principle

4. Spatial aspects - maritime area, sea and seabed

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Placement possibilitiesa. A pipeline pure and simpleb. A pipeline working with a structure in the

maritime area c. Shipment in a vessel for placement from the

vesseld. Placement from a structure in the maritime

area that is neither part of a pipeline system nor an offshore installation

e. Placement from an offshore installation

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Placement purposesa. Scientific experimentb. Facilitating oil or gas productionc. Mitigating climate changed. Other mere disposal

(Placement for the purpose of mitigating climate change is deliberate disposal for the purpose of disposal alone - “mere disposal”)

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Land-Based Sources Régime1. Discharges in the maritime area from land-

based sources are not prohibited, but must be strictly regulated or authorised.

2. “Land-based sources” includea. “sources associated with any deliberate

disposal under the seabed made accessible by a tunnel, pipeline or other means”

b. sources associated with man-made structures placed in the maritime area…other than for the purpose of

offshore activities”

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Further questions on non-offshore installations

1. Can an offshore installation become a non-offshore installation?

2. Can a non-offshore installation be located on an offshore installation?

3. What is the status of a non-offshore installation that does not have a

pipeline link?

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Dumping régime

1. Any CO2 placement classified as “dumping” from a “vessel” is prohibited

2. “Scientific research” is not “dumping”, but placements are subject to regulation

3. “Vessel” can include a man-made, fixed structure

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Offshore régime

Important difference between:

a. CO2 arising from the operation of an offshore installation

b. CO2 arising from other than from offshore activities

“Offshore activities” cover exploration, appraisal and exploitation of liquid and gaseous hydrocarbons

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Offshore régime - offshore arisings

1. Placement for scientific research is not prohibited, but must be in accordance with the Convention

2. Placement for other purposes (improving hydrocarbon production, climate mitigation, other mere disposal) is not prohibited, but must be authorised or regulated

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Offshore régime - other arisings

1. CO2 from other arisings can be brought to an offshore installation and be used

to enhance hydrocarbon production

2. Otherwise, CO2 from other arisings is treated in the same way as in the dumping régime

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Conclusions1. Because of the three separate régimes:

a. Placements with different environmental effects may be treated the same (but

further controls could be developed)b. Placements with the same environmental

effect may be treated differently

2. Further thought is needed on the interrelations between the current legal position, possible physical impacts and the appropriate regulatory approach

3. To this end, an OSPAR workshop on the environmental impact of the placement of

CO2 in the maritime area

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Envoi

See the full JL report on the OSPAR website:

www.ospar.orga. Go to section “Meetings and documents”

b. Go to subsection “Download Summary Records”

c. Go to meeting cycle 2003/2004

d. Go to OSPAR 2004 (first entry) and download record

e. Go to Annex 12

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