Abstract
This study provides practical guidance for agreements to transport CO2 across national boundaries under the London Protocol, in the form of a guidance handbook. It sets out a process to support Parties in developing agreements for cross-border CO₂ transport under the London Protocol, acting as a neutral handbook rather than a policy prescription, able to be utilised across all regions. This work was undertaken by IOM Law on behalf of IEAGHG.
Key Findings
- The London Protocol provides the international legal basis for offshore carbon capture and storage (CCS), with the 2006 amendment allowing sub-seabed storage, the 2009 amendment creating an export exemption, and the 2019 resolution enabling its provisional application.
- Implementation of the 2009 amendment requires national frameworks, including legislation, permitting, monitoring, and compliance systems. Public and political support are critical to progress.
- Agreements under Article 6.2 are essential for cross-border transport and storage of CO2, confirming permitting responsibilities between Parties and requiring full equivalence with the Protocol when non-Parties are involved.
- Emerging state practice shows a preference for non-binding Memorandum of Understanding (MoUs), especially in Europe, but these must still uphold Protocol standards. More detailed provisions may be needed for monitoring, reporting and verification (MRV), liability and carbon market participation.
- Industry plays a catalytic role in advancing cross-border CCS, often initiating projects and agreements before government-to-government (G2G) agreements.
- Commercial agreements must address liability, CO₂ quality, monitoring, and long-term revenue security to ensure bankable projects.
