Congratulations to Norway and the Netherlands for taking the initiative with their proposal, joined by the UK, and their hard work in its preparation and working with other countries. Missoula, MT. 1. for sub-seabed disposal pending entry into force of the 2009 amendment. Save my name, email, and website in this browser for the next time I comment. &Q"+LKCwGC:k]>N}FHP1gP=\K56aY)O . LONDON SE1 7SR Telephone: +44 (0)20 7735 7611 Fax: +44 (0)20 7587 3210 LC-LP.2/Circ.9 18 February 2019 1996 PROTOCOL TO THE CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER, 1972 2009 amendment to article 6 of the London Protocol 1996 and A CCS amendment proposed by UK and others was approved in 2006 to allow CO2 storage in sub-seabed formations, it came with guidance on permitting in the 'CO2 Specific Guidelines' (2007). The amendment would add an additional paragraph to the prohibition on export in Article 6 so as to provide that, notwithstanding the prohibition, an export of a CO2 waste stream for disposal may occur provided that an agreement or arrangement has been entered into by the countries concerned. Parties who agree to provisionally apply the amendment and who agree to proceed with a collaborative project will have to enter into an agreement or arrangement that must include a confirmation and allocation of permitting responsibilities. On the Amendment of Article 6 of the London Protocol [CO 2 export amendment]. Finally, the Group agreed to reference IPCC reports more generally by including preambular text; STRESSING the need of the deployment of carbon capture and sequestration in order to reach our climate targets in the Paris Agreement, repeated by IPCC in its recent special reports. The detailed work on the guidance on transboundary CCS and export of CO 2 was completed in 2012 and 2013 (see IEAGHG 2013-IP26 and 2014-IP19). This described options to waiting for ratification, and these options were more recently been presented and discussed at the 3rd Offshore CCS workshop in June 2018 (IEAGHG Report 2018-TR02) and at GHGT-14 session 11C. Since neither the London Protocol nor the amendment itself addressed provisional application, the Resolution must be considered an instance of an agreement on provisional application adopted by some other means. The IEA estimates that 100 carbon capture and storage (CCS) projects will be required by 2020 and over 3 000 by 2050 if CCS is to contribute fully to the least-cost technology portfolio for CO2 mitigation. In due course a copy of the Resolution will be available as an annex in the report of the meeting LC41 on the IMO website http://www.imo.org/en/OurWork/Environment/LCLP/Pages/default.aspx under "IMODOCs" and "Public Account" and the LC41 meeting. First, the disposal must be into a sub-seabed geological formation (i.e. 395 0 obj <> endobj Copy DOI. ZEP developed a position paper in support of this amendment which can be found here. Since entry into force in 2006, the London Protocol was amended twice (2006, 2009) to enable storage of carbon dioxide in sub-seabed formations. Any amendment has become a protocol over time in london amendments which units are unlikely to be eligible for development of antipersonnel mines and examines on. Required fields are marked *. However, in 2009, Parties to the LP agreed an amendment to allow sub- seabed geological formations for sequestration projects to be shared across national boundaries - effectively allowing CO 2 streams to be exported for CCS purposes (provided that the protection standards of all other LP requirements have been met). This would allow a combined waste stream from a gas processing facility that included other acid gases such as hydrogen sulphide along with the CO2. Carbon Capture and Storage and the London Protocol Options for Enabling Transboundary CO 2 Transfer INTERNATIONAL ENERGY AGENCY The International Energy Agency (IEA), an autonomous agency, was established in November 1974. The London Protocol was amended by contracting parties in 2009 to allow for cross border transportation of CO2 for sub-seabed storage, but the amendment must be ratified by two thirds of contracting parties to enter into force. Navigational rights of warships through the Northern Sea Route (NSR) all bark and no bite? Some Parties also noted that the proposed amendment went beyond the remit of the Drafting Group insofar as it offered a substantive change to the scope of the proposed resolution and was not included in the matters referred to the Drafting Group. Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (the "Montreal Protocol"), adopted at Kigali on October 15, 2016, by the Twenty-Eighth Meeting of the Parties to the Montreal Protocol (the "Kigali Amendment"). &EE}B Ur These developments still left one outstanding obstacle within the London Protocol to the adoption of CCS in marine areas. What would a contracting Party (and the operators behind any specific proposal) need to show in order to demonstrate that a CCS project was only capturing and injecting emissions that cannot be prevented otherwise? Given the challenge associated with bringing the amendment into force in a timely manner, interested parties began to explore alternative options within different fora. 2009. . In this regard the text as adopted seems much clearer than the text as proposed. 4 1 0 0 1 154.147522 832.7394409 cm An amendment to the Protocol that enables export was adopted in 2009, but is unlikely to enter into force. hb```b``vd`f``ef@ a3GG=#, 3n0. The relevant law on the provisional application of a treaty is codified in Article 25 of the Vienna Convention on the Law of Treaties (VCLT) which provides that: (b) the negotiating States have in some other manner so agreed. The compilation is more tentative with respect to the question of negotiating States noting that (at para 37): The question of whether the term negotiating States in article 25, paragraph 1 (b), of the 1969 Vienna Convention would prevent acceding States from entering into an agreement on provisional application cannot be clearly answered based on the multilateral treaties considered in the present study. 2009 Amendment to Article 6 of the 1996 Protocol to the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. This Amendment shall enter into force on 1 January 1992, provided that at/least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. IEAGHG were the only CCS-specific organisation present in the London Convention meetings this week (and in general), thank you to the IEA(OECD) for again including us into their delegation. This post may be cited as: Nigel Bankes, Provisional Application of an Amendment to the London Protocol to Facilitate Collaborative CCS Projects (December 11,2019), online: Blog_NBankes_Article6 (GZ DW edit)(NB), To subscribe to The NCLOS Blog by email, please go to https://site.uit.no/jclos/, Your email address will not be published. Currently, 87 States are Parties to this Convention. The Parties to the Protocol have also adopted two sets of technical guidelines for CO2 operations: the Risk Assessment and Management Framework (RAMF) for CO2 Sequestration in Sub-seabed Geological Structures, Adopted at the joint session of the 28th Consultative Meeting of Contracting Parties under the LC and the 1st Meeting of Contracting Parties under the LP, 30 October 3 November 2006, and the Specific Guidelines for the Assessment of Carbon Dioxide for Disposal into Sub-seabed Geological Formations (Adopted 2 November 2012, LC 34/15, annex 8 and amended November 2012). . On the Amendment to Article 6 of the London Protocol (Adopted on 30 October 2009) The fourth meeting of Contracting Parties to the 1996 Protocol to the Convention on the prevention of marine pollution by dumping of wastes and other matter 1972, Recalling the objectives of the 1996 Protocol to the London Convention ("London endobj *Chvc83S)& ceNDR, ,_;t15.IMs9WtL This decision on provisional application should not be considered in isolation but in the context of the considerable steps that the Parties to the LP have already taken to put in place a regulatory scheme including guidelines and conditions under which seabed CCS operations might be permitted (see above). By accepting you will be accessing a service provided by a third-party external to https://www.ieaghg.org/, Telephone: +44 (0)1242 802911 This amendment was proposed by Norway and The Netherlands. Resolution LP.3(4). . London Protocol can refer to one of many treaties signed in London, England: . That compilation confirms that an agreement on provisional application may be adopted by the negotiating arties at the time of adoption of the instrument itself or at a subsequent time and that the agreement may take the form of a resolution adopted by the organization responsible for the treaty (at paras 31 36). We actively supported the Norwegian and Netherlands proposal with evidence-base relating to offshore CCS developments and the new IPCC Ocean and Cryosphere report, and got a presentation given to delegates by the STEMM-CCS project on marine monitoring advancements. The London Amendment (1990): The amendment to the Montreal Protocol agreed by the Second Meeting of the Parties (London, 27-29 June 1990) The Copenhagen Amendment (1992): The amendment to the Montreal Protocol agreed by the Fourth Meeting of the Parties (Copenhagen, 23-25 November 1992) The most recent amendment, the Kigali Amendment, called for the phase-down of hydrofluorocarbons (HFCs) in 2016. Proceedings of the 15th Greenhouse Gas Control Technologies Conference 15-18 March 2021. All ratifications. INVITES the Scientific Group under the London Protocol in collaboration with the Scientific Group under the London Convention to consider the need for amendments to the Specific Guidelines for Assessment of Carbon Dioxide Streams for Disposal into Sub-seabed Geological Formations, to provide further specific guidance in cases of export of such streams to other countries for disposal and issues related to the management of transboundary movement of carbon dioxide after injection. The Montreal Protocol, finalized in 1987, is a global agreement to protect the stratospheric ozone layer by phasing out the production and consumption of ozone-depleting substances (ODS). 403 0 obj <>/Filter/FlateDecode/ID[<123B1AC96F24B64F900ADB5F118017F4><0702DDF03EA1F743B8AE19AC4CC633A4>]/Index[395 18]/Info 394 0 R/Length 65/Prev 479192/Root 396 0 R/Size 413/Type/XRef/W[1 3 1]>>stream GHGT-9. This report explored six different options that Parties might consider pending the entry into force of the amendment: (1) an interpretative resolution based on the general rule of interpretation; (2) resolving to provisionally apply the 2009 amendment; (3) subsequent agreement between contracting parties (bilateral or multilateral); (4) modification of the operation of relevant aspects of the London Protocol as between two or more contracting parties; (5) suspension of the operation of relevant aspects of the London Protocol as between two or more contracting parties; and (6) conducting CCS through noncontracting parties. The amendment was adopted by the 44th Consultative Meeting of Contracting Parties to the London Convention and the 17th Meeting of Contracting Parties to the London Protocol (LC 44/LP 17), which met at the international Maritime Organization (IMO) Headquarters from 3-7 October 2022. London Protocol Transboundary London Protocol Article 6 "EXPORT OF WASTES OR OTHER MATTER Contracting Parties shall not allow the export of wastes or other matter to other countries for dumping or incineration at sea." Prohibits transboundary transport of CO2 for geological storage 2009 LP4 (30 Oct) - Amendment to allow CO2 for storage was Keep up to date with our latest news and analysis by subscribing to our regular newsletter. recent amendment to the 1996 London Protocol (herein after the Protocol) signals at least one aspect of international law may be changing to help minimize global warming. The proponents of the Resolution were at pains to emphasize that paragraph 1(b) is non-specific as to the form of agreement amongst the negotiating States thereby contending that such an agreement could be signified by the adoption of the Resolution as proposed. Create a free IEA account to download our reports or subcribe to a paid service. /Fm0 Do Keywords. Article 22 Amendment of the annexes. As the London Protocol also prohibits exports of wastes for dumping elsewhere, an amendment was proposed by Norway and approved in 2009 to allow export of CO2 for geological storage. A 2013 study by the International Energy Agency (IEA) concluded (at 37 38) that CO2 storage is not likely to take place in the near future at onshore locations in the five countries surrounding the North Sea and that the North Sea is a much more promising option both for those countries and indeed for many other nearby European countries.. Although CCS technology has not been adopted as quickly, or on as widespread a basis as had been expected a decade ago, many countries identify a role for CCS projects in their Nationally Determined Commitments under the Paris Agreement, and it is also anticipated that CCS projects will play a role as part of negative emission technologies including CO2 capture from the air. However, the 2009 amendment has yet to enter into force. The London Convention and London Protocol are international treaties of global application to protect the marine environment from pollution caused by the dumping of wastes and other matter into the ocean. Date Received from President. Google Scholar. Other articles where London Protocol is discussed: Neuchtel crisis: Four years later, in the London Protocol of 1852, the other Great Powers formally acknowledged his rights in Neuchtel, but with the proviso that Prussia should do nothing to assert them without their concurrence. There are pros and cons associated with selecting an offshore disposal site: see generally, Carbon Sequestration Leadership Forum, Technical Group, Final Report from Task Force on Technical Barriers and R & D Opportunities for Offshore, Sub-Seabed Geologic Storage of CO2, CSLF-T-2015-06, 20 October 2015. PDF version: Blog_NBankes_Article6 (GZ DW edit)(NB). In September 1856 there was an unsuccessful pro-Prussian coup d'etat in Neuchtel, conducted by loyalist . 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