In Europe, the regulatory framework for Carbon Capture and Utilisation and Storage (CCU/S) is defined through various legal acts at both national and EU levels. Different regulations apply to CCU/S across individual EU and EEA member states, as well as at the EU level.
The primary regulation for Carbon Capture and Storage (CCS) in the EU is the "Directive on the Geological Storage of Carbon Dioxide" (EU-CCS Directive) of 2009. This directive includes provisions for the operation, monitoring, and post-closure obligations of storage sites. The implementation of the CCS Directive has led to amendments in other directives to comprehensively address CCS aspects. For example, the Environmental Liability Directive (2004/35/EC) was revised to cover liability for environmental damage caused by CCS, and the Water Framework Directive (2000/60/EC) was updated to permit CO2 injection into saline aquifers for geological storage.
Other relevant EU-level regulations include the Trans-European Networks for Energy (TEN-E) Regulation, the EU Emissions Trading System (ETS), the Renewable Energy Directive (RED), the EU Taxonomy for Sustainable Finance, and the Guidelines on State Aid for Environmental Protection and Energy (CEEAG).
In Germany, the implementation of the EU-CCS Directive is governed by the "Act on the Demonstration of the Permanent Storage of Carbon Dioxide" (Carbon Dioxide Storage Act – KSpG). Currently, this law applies only to the testing and demonstration of permanent CO2 storage in underground geological formations and is not yet geared towards large-scale industrial use of CCU/S.
Recent EU legislative initiatives include plans for sustainable carbon cycles. A proposed EU regulatory framework aims to establish certification for CO2 removal. The draft Net Zero Industry Act (NZIA) seeks to create a simplified framework for investments in sustainable energy infrastructure, recognising CCS as a "Net-Zero Technology." This act is intended to improve access to funding and streamline permitting processes for CCS technologies and facilities, as well as to set fixed targets for CO2 storage in Europe.