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1 1 1 1 15 55 52 2 (2008) 20 ELM : UK CURRENT SURVEY AND LEGAL UPDATE – GREENWOOD, L’OKEN
Revised Waste Framework Directive on the Carbon Capture and Storage – what next?
horizon
The future of energy technology is on fast-forward, with
A new consolidated Waste Framework Directive the EU and the UK both examining ways in which to
rationalising disparate strands of EU waste legislation legislate for and regulate energy in the field of Carbon
Capture and Storage
The European Parliament passed a legislative resolution
on 17 June to adopt a revised Waste Framework Directive. Carbon Capture and Storage (CCS) is a process whereby
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It will replace the current Waste Framework Directive, the carbon dioxide, emitted when fossil fuels are burned,
Hazardous Waste Directive and the Waste Oils Directive. 8 typically as part of an industrial combustion process, is
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In summary, the Directive will provide Europe’s first ever captured and stored in secure underground spaces such
general waste recycling target, whilst enshrining the five- as geological formations, strata and natural reservoirs.
step waste hierarchy in European legislation. The draft Technically, the process involves the capture of carbon
Directive: 9 dioxide during combustion, and its compression into a
suitable form for transport to a secure storage site.
• Sets out a clear five-step ‘hierarchy’ of waste The UK’s current target for reducing carbon dioxide
management (ie prevent, reuse, recycle, recover and is 60 per cent below 1990 levels by 2050. With this in
dispose) followed by other forms of recovery, with an mind, it is envisaged by government that CCS will play a
indication that safe disposal is to be the last recourse. vital role in achieving this target, the UK being one of
• Clarifies important definitions such as recycling, only three countries which is developing and
recovery and waste. It draws a distinction between demonstrating CCS projects on a commercial scale. Draft
waste and by-products, defining when waste has been legislative provisions underpinning the government’s
successfully recovered (through recycling or other objectives are set out in the Energy Bill (currently making
treatments) for it to cease to be waste. A new its way through Parliament) for the safe and secure storage
definition of ‘by-products’ will also place some of carbon dioxide in UK off-shore areas.
materials outside waste controls. At a European level, a draft directive on the geological
• Strengthens provisions in respect of waste prevention, storage of carbon dioxide was published in January 2008 11
placing an obligation on Member States to develop with a view to developing a legal framework for the
national ‘waste prevention programmes’. operation of CCS throughout Member States, in addition
• Sets new recycling targets for Member States, which to encouraging demonstration plants across Europe.
are to be achieved by 2020, including recycling rates A UK consultation issued in June seeks views on the
of 50 per cent for household and similar waste and draft directive and practical suggestions for how the UK
70 per cent for construction and demolition waste. may in the future implement such a regime. It examines
• Re-brands incinerators that meet certain efficiency issues relevant to ‘carbon capture readiness’, questioning
thresholds as ‘recovery operations’ and not disposal whether or not the UK should make it a requirement for
operations. new combustion plants to be constructed with CCS
• Introduces the concept of extended ‘producer technology in place from the outset, whilst scrutinising
responsibility’ – Member States being able to establish the implications for retrospective fit out of such
manufacture, importer and retailer responsibility for technology. In addition, it looks at the scope of coverage
the costs of treatment and disposal. for such a regime, including the different types of power
stations that are envisaged as falling within its umbrella.
By way of background, the Council of Ministers confirmed The proposals in the draft directive, reiterated in the UK’s
in the ‘Community Strategy for Waste Management’ that consultation, mean that developers will have to address
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waste prevention should be the first priority of waste issues relating to carbon capture readiness during the
management, reuse and recycling being preferred to design process, with similar issues being taken into account
energy recovery of waste (where the best ecological by the government in determining applications for consent.
option). In terms of demonstration projects, the government
announced that four bidders had pre-qualified in their
European Press Release IP/08/1950. carbon capture and storage demonstration competition,
http://ec.europa-eu/environment/waste/strategy-htm. namely: BP Alternative Energy International Limited, EON
UK plc, Peel Power Limited and Scottish Power Generation
Limited. Moving forward, the next phase of the competition
will cover technical, commercial, contractual and financial
issues. The government has indicated that the project is still
on course for projects to be operational by 2014.

BERR ‘Towards Carbon Capture & Storage – A Consultation Document’.
6 2006/12/EC. http://www.berr.gov.uk.
7 91/689/EEC.
8 75/439/EEC.
9 COM(2005)667.
10 OJC 76, 11.3.1997. 11 COM(2008)18.

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