As part of its ongoing mission to support the development of carbon capture, transport, storage, and utilisation (CCUS) technologies in Poland, the CCUS Poland Association has submitted an official letter to the Ministry of Climate and Environment.
In this letter, we highlighted key regulatory challenges and proposed specific legislative amendments that could significantly contribute to the advancement of the CCUS sector in Poland.
Necessary Amendments to the Geological and Mining Law
Although the 2023 amendment to the Geological and Mining Law (PGG) marked an important step toward enabling the development of CO₂ storage projects, numerous barriers still hinder investment. CCUS Poland highlights the need for:
- Reducing the cost of accessing geological data – currently, high fees for geological information pose a major obstacle for investors interested in underground CO₂ storage.
- Clarifying the rules for mining usage rights – the lack of transparent rules for concluding agreements between mining companies and the State Treasury can discourage investment in CCUS projects.
The Need to Revise Implementing Regulations
The Association also emphasizes the necessity to update executive regulations concerning underground CO₂ storage. Many of these regulations have not been revised in nearly a decade and may hinder the further development of the sector. We advocate for expanding the list of areas where CO₂ storage complexes can be located, which would enable more comprehensive use of Poland’s geological potential.
CO₂ Transport – Legal Gaps Requiring Action
Current regulations on CO₂ transport, found in the Energy Law, are insufficient and incomplete. We recommend the following key legislative changes:
- Designating a CO₂ transport network operator and establishing clear rules for infrastructure access.
- Allowing CO₂ transport by various means (maritime, land-based, and pipeline) not only for storage purposes, but also for industrial use.
- Introducing specific legal provisions for CO₂ transshipment terminals in Polish ports to facilitate the export of CO₂ to countries with active CCUS operations.
CO₂ Storage Beneath the Baltic Sea
The geological potential of Poland’s section of the Baltic Sea could allow for the storage of up to 1 billion tons of CO₂. However, ambiguous interpretations of the Helsinki Convention by its signatory states raise doubts about the legality of this option. CCUS Poland supports the position of the Polish Government that CO₂ storage beneath the Baltic Sea is compliant with international law. We therefore call for:
- Legal consultations on the interpretation of the Helsinki Convention.
- Consideration of an international initiative to explicitly permit CO₂ storage beneath the Baltic Sea seabed.
Cooperation with Public Administration
CCUS Poland declares its readiness for close cooperation with the Ministry of Climate and Environment. Accordingly, we have submitted a request to include our representative in the Working Group on the Development of CO₂ Capture, Storage, and Utilization Technologies. We believe that our expertise and experience will support more effective coordination of actions necessary for CCUS development in Poland.
As an organization committed to shaping a sound regulatory environment for CCUS technologies, we remain open and available for continued dialogue with public administration, industry, and all interested stakeholders. Together, we can contribute to the decarbonization of the Polish economy and the successful achievement of climate goals.
