The Application of the European SEA Directive to Carbon Capture and Storage Activities: the Issue of Screening

Abstract: With the introduction of a legislative proposal for the Directive on carbon capture and storage (CCS Proposal) in January 2008, CCS is expected to play an important role in combating climate change and contributing to emission reduction. To introduce this innovative technology into the European Community, numerous legal instruments have been reviewed and ratified in response to legal concerns regarding this technology. In spite of these efforts, a recent European study suggests that it is not completely clear whether a strategic environmental assessment for geological CO2 storage will be a legal requirement under the European Directive on strategic environmental assessment (SEA Directive). The purpose of this article is to provide a clear picture of the implementation of the SEA Directive in CCS–related activities and particularly to improve the screening process by elaborating on criteria for screening in the SEA Directive.