Bundesrat Rejects CCS Law

Today, the Bundesrat (Federal Council) rejected the Bundestag’s (German Parliament’s) proposal for an Act on the Demonstration and Implementation of Technologies for Carbon Capture, Transport and Permanent Storage of C02 (CCS Act). 

As the bill is a so-called Zustimmungsgesetz (“consent law”), consent by the Bundesrat is required under German constitutional law. Hence, the objection by the Bundesrat means that the bill cannot enter into force. Unlike with so-called Einspruchsgesetzen (“objection laws”), a lack of consent cannot be remedied by another Bundestag’s vote in favour of the bill.  In the Bundesrat, the government does not hold a majority.

The Bundestag and the Federal Government now have to decide whether they want to exercise their constitutional right to invoke a mediation procedure to find a mutually agreeable compromise. In light of the obligations under the Directive 2009/31/EC on the geological storage of carbon dioxide, the German legislative bodies need to reach a compromise to avoid infringement procedures for non-implementation of the European law requirements.

Vattenfall AG criticised the decision by the Bundesrat. Vattenfall operates a oxyfuel pilot plant located near its existing lignite fired power plant in Schwarze Pumpe in the state of Brandenburg and is planning to open a larger-scale CCS demonstration power plant in Jänschwalde (also located in Brandenburg), investing EUR 1.5  billion.

Source: Bundesrat, Vattenfall

Related posts: