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3. National legislation of CCS relevance

In the following chapter CCS-relevant legislation in the Nordic Countries will be described.

3.1 Denmark

3.1.1 National context

The first Danish Climate Law was adopted in 2014, with the aim of providing a stable direction and framework for the Danish climate policy. A new Climate Law with binding targets was adopted in 2020. It includes targets to reduce GHG emissions by 70 percent by 2030 and to reach climate neutrality by 2050.
 According to a climate agreement for energy and industry of 2020, CCS constitutes an essential element in achieving the climate policy objectives enshrined in the Climate Act.
 In 2021 a roadmap for capture, transport and storage of CO2 was agreed by a majority of parties in the Danish Parliament. The roadmap includes several initiatives, including agreement to enable CO2 storage in Danish subsoil and CO2 import/export for the purpose of permanent geological storage.
,
 The roadmap also included the establishment of a Danish stakeholder forum for CCUS.
 The political ambition in Denmark is to build an entire CCS value chain and that Denmark should become a European hub for on-/off-shore CO2 storage.
 In January 2022 Denmark acceded to the necessary articles in the London Protocol.
Agreements regarding subsidy schemes for CCUS were made in 2020, 2021, and 2022 with a total budget of 38. billion DKK (in 2023 prices) and a target of reductions and removals of 3.2 Mt CO2 per year in 2030. The subsidies are structured under three separate funds.
 Eligible technologies include CCS applied to fossil and biogenic CO2 as well as DACCS, depending on the specific fund. Subsidy periods span over 2024–2044 and contract periods are between 8 to 20 years. First tranche bids have been invited in an initial tender.
Information about the tender published in the context of a market dialogue can be found at: https://ens.dk/sites/ens.dk/files/CCS/note_regarding_second_round_of_market_dialogue_-_07.03.2022.pdf
 Further tenders are expected to be rolled-out from 2023.
On CO2 storage, potential storage sites and volumes preliminarily been identified by the Geological Survey of Denmark and Greenland. Denmark has a limited number of emitters and ample space for storage. However, many of the potential storage sites are not thoroughly examined and mature for injection. Ongoing projects in the North Sea include the Greensand project, which has been granted a CO2 storage pilot project permit and the Bifrost project.
 In August 2022, Denmark has opened its first tender for CO2 investigation and storage licenses for offshore storage.
 The application window closed October 2022 and two applications were received.
 The first full-scale investigation licences were issued in February 2023 and injection is projected to start in 2025.
The Geological survey of Denmark and Greenland has initiated preliminary seismic studies of further potential storage structures onshore and near the coast. Moreover, a process for strategic Environmental Impact Assessment for onshore storage has been initiated to be followed by a first tender for investigation and storage licenses for onshore storage.
Denmark has transposed the CCS Directive in several national legislative instruments, including the Danish Storage Regulation
Bekendtgørelse om geologisk lagring af CO2 m.v., BEK nr 1425 af 30/11/2016.
 and the Danish Maritime Protection Act
Bekendtgørelse af lov om beskyttelse af havmiljøet, BK nr 1165 af 25/11/2019.
.

3.1.2 Permits for capturing CO2

When transposing the CCS Directive amendments were made to Denmark’s Environmental legislation. The Environmental Protection Act
 regulates when environmental permits are needed. Activities that require permits are specified in separate lists.
 The capturing of CO2 for the purpose of geological storage was included among activities that require an environmental permit in 2011.
 The requirement applies to heat and power plants as well as all major industrial sectors associated with process-related CO2 emissions.
A challenge that has had to be addressed is that much of point CO2 sources are in waste to energy or other thermal power plants. These are all regulated within utility laws for power or heat and it is strictly regulated what they are allowed to do. Carbon capture is not seen as a core business in this respect. It has been necessary to change legislation to make it possible for them to engage financially in and carry out CO2 capture. An overview of permits etc for CO2 capture is being carried out in collaboration between the Energy Agency, the Environmental Protection Agency, Working Environment Authority, Safety Technology Authority and municipalities. CCS is a completely new technology, and thus presents challenges from a regulatory point of view.
In December 2022 new legislation was adopted, which entered into force 1 January 2023, that enables the state granting financial support for CCUS activities and companies regulated within utility laws for power and heat to commit financially to CCUS.
 Such companies are subject to constraints concerning what is considered to be “core business” (and thus permitted economic activity).

3.1.3 Permits for transporting CO2 streams and intermediate storage of CO2

On CO2 transportation, part of necessary acts and regulations are in place, but it has also been identified that new legislation is needed in particular regarding responsibilities in relation to pipelines. Pipelines with a diameter above 800 mm and length above 40 km for the transportation of CO2 intended for geological storage require permits on the basis of an environmental impact assessment.
 How to secure access to pipeline infrastructure (private or state owned) is an issue that needs to be resolved. In 2021 the Danish government asked 6 regional clusters to come up with recommendations on CCUS infrastructure. Recommendations from the clusters were given in January 2023 and will be taken into account as the Danish government puts forward regulatory recommendations.
In September 2022, Denmark and Flanders, Belgium signed a bilateral arrangement (in accordance with the London Protocol) to allow for cross-border CO2 transport for the purpose of offshore storage (as already mentioned in section 2.1).

3.1.4 Permits for permanent storage of CO2

Since its inception in 1981, the Danish Marine Environment Act has prohibited dumping of materials and substances in the sea, in the seabed and under the seabed, and the transport of materials and substances for dumping, including geological storage of CO2 under the seabed. In 2021 a change of the Marine Environment Act was adopted which authorizes the Minister of Environment to exempt storage of CO2 below the subsurface from the prohibition against dumping.
 Legislation exempting geological storage and transport of CO2 from prohibitions against dumping in the Marine Environment Act entered into force in 2022.
The current rules on geological storage of CO2 are found in the Act on Use of the Danish Subsoil
 (the Subsoil Act) with later amendments and in the CCS Order.
 When the CCS Directive was implemented in the Subsoil Act in 2011
 and subsequently in the CCS Order
, Denmark chose not to distinguish between geological storage of CO2 of less than 100 kilotonnes for the purpose of research, development or testing of new products and processes and other geological storage of CO2. Legislation introducing a less comprehensive approval process for geological storage of CO2 of less than 100 kilotonnes to promote the necessary research and development in the field of geological storage of CO2 was introduced in 2022.
Moreover, a process for strategic Environmental Impact Assessment for onshore and near-shore storage has been initiated and at the time of writing this report it was expected that a first tender for investigation and storage licenses for onshore storage will open Q4 2023.

3.2 Finland

3.2.1 National context

The revised Finnish Climate Act (423/2022) entered into force in July 2022. Its key objective is to ensure that Finland will achieve carbon neutrality by 2035 at the latest. The Act includes an updated emission reduction target for 2050 and new emission reduction targets to be reached by 2030 and 2040, respectively (60 percent reduction by 2030, 80 percent by 2040 and 90 percent by 2050 with a view to reach 95 percent reduction).
Plans include a Medium-term Climate Change Plan, a Climate plan for the land use sector, a National Climate Change Adaptation Plan and a Long-term Climate Plan. In addition, a Climate and Energy Strategy has been prepared every parliamentary term.
There are around 70 large facilities emitting CO2 in Finland (including CO2 of both fossil and biogenic origin). These are located at coastal as well as inland sites.
Ongoing CCUS-related activities in Finland include:
  • The Sustainable Growth Programme for Finland allocated EUR 150 million to hydrogen and carbon capture and utilisation projects.
  • E-fuels will be included in the transport fuel distribution obligation from the beginning of 2023.
  • CCUS technologies to reduce CO2 emissions caused by waste incineration will be piloted.
  • A strategic research project for carbon use and removals by the Finnish government has been carried out.

As mentioned in section 2.5, the CCS Directive allows Member States to choose not to permit storage within their territory. Finland has chosen to do so, only allowing storage that does not exceed 100 000 tonnes for the purpose of research or the development and testing of new products and processes.
3 § laki hiilidioksidin talteenottamisesta ja varastoinnista/ lag om avskiljning och lagring av koldioxid (416/2012) 29/06/2012 (Act (416/2012)).
 In the Government Bill on implementation of the CCS Directive, it is explained that the prohibition of storage of CO2 in Finnish territory is due to that there are no known geological formations appropriate for storage.
Regeringens proposition till riksdagen med förslag till lag om avskiljning och lagring av koldioxid och till lagar om ändring av miljöskyddslagen och 7 § i havsskyddslagen samt om godkännande av ändringarna i bilagorna II och III till konventionen för skydd av den marina miljön i Nordostatlanten och med förslag till lag om sättande i kraft av de bestämmelser i ändringarna som hör till området för lagstiftningen (RP 36/2012 rd). https://www.finlex.fi/sv/esitykset/he/2012/20120036.pdf
 However, it is further stated in the Government Bill that the prohibition can be revaluated in the future in light of new CCS technology and new investigations on the possibility of geological storage of CO2 within Finland's territory or in its economic zone.
RP 36/2012 rd p. 1.

3.2.2 Permits for capturing CO2

When transposing the CCS Directive amendments were made to Finland’s Environmental Protection Act
Laki ympäristönsuojelulain muuttamisesta/Lag om ändring av miljöskyddslagen (417/2012) 29/06/2012.
 which regulates when environmental permits are needed. Permits are needed inter alia for activities which entail a risk of pollution of the environment, and which are specified in annex 1 to the Act.
27 § ympäristönsuojelulaki/miljöskyddslag (527/2014) (27/6/2014).
 The capturing of CO2 streams from facilities require a permit when the captured CO2 is going to be geologically stored.
Annex 1, tabel 1, 3.b. ympäristönsuojelulaki/miljöskyddslag (527/2014) (27/6/2014).
The Act states that permits regarding CO2 capture shall be combined with the necessary conditions to ensure compliance with the Finnish quality requirements for CO2 streams and obligations relating to CO2 capture.
56 § ympäristönsuojelulaki/miljöskyddslag (527/2014) (27/6/2014) & 5–6 §§ laki hiilidioksidin talteenottamisesta ja varastoinnista/lag om avskiljning och lagring av koldioxid (416/2012) 29/06/2012.
 The quality requirements of CO2 streams come across as a direct implementation of those in the CCS Directive.
The capturing process and permits for capturing facilities are not directly regulated in the CCS Directive. Finland has set out several requirements regarding the obligations relating to CO2 capture. Firstly, an actor separating CO2 must ensure that an analysis of the composition of the CO2 stream, including corrosive substances, and a risk assessment is carried out.
6 § laki hiilidioksidin talteenottamisesta ja varastoinnista/lag om avskiljning och lagring av koldioxid (416/2012) 29/06/2012.
 Secondly, CO2 may only be captured if the CO2 stream's content of substances according to the risk assessment will not exceed the level specified in the quality requirements mentioned above.
6 § laki hiilidioksidin talteenottamisesta ja varastoinnista/lag om avskiljning och lagring av koldioxid (416/2012) 29/06/2012.
 Thirdly, an actor separating CO2 must keep a record of the quantity, properties and composition of the CO2 streams delivered for geological storage.
6 § laki hiilidioksidin talteenottamisesta ja varastoinnista/lag om avskiljning och lagring av koldioxid (416/2012) 29/06/2012.

3.2.3 Permits for transportation and intermediate storage of CO2

The Finnish Energy Authority can, under certain conditions and after an application, authorise an actor capturing CO2 access to a transport network not operated by that actor, if the operator of the network and the actor are unable to agree on access.
7 § laki hiilidioksidin talteenottamisesta ja varastoinnista/lag om avskiljning och lagring av koldioxid (416/2012) 29/06/2012.
 The Authority can also, after the application of the actor, order the owner of the transport network to make the necessary changes to the network due to the actor joining the network or to the fact that the demand of transport has risen.
8 § laki hiilidioksidin talteenottamisesta ja varastoinnista/lag om avskiljning och lagring av koldioxid (416/2012) 29/06/2012.
 This is a direct implementation of the CCS Directive. If the transport network in part runs in another state’s territory a special provision applies.
10 § laki hiilidioksidin talteenottamisesta ja varastoinnista/lag om avskiljning och lagring av koldioxid (416/2012) 29/06/2012.
CO2 that has been captured within Finland can be handed over for storage in a location that is in its entirety situated within the territory, exclusive economic zone, or contented shelf of an EU Member State.
4 § Act (416/2012) & 7 § merensuojelulaki/havsskyddslag (1415/1994) 29/12/1994 (Act (1415/1994)).
The building of a transport network shall be based on a so-called binding plan.
”Plan med rättsverkningar”
,
11 § laki hiilidioksidin talteenottamisesta ja varastoinnista/lag om avskiljning och lagring av koldioxid (416/2012) 29/06/2012.
 The provisions of the Land Use and Building Act
Markanvändnings- och bygglag (132/1999).
 are applicable on the planning and building of the transport network.
Special regulation is in place in Finland for pressure-bearing arrangements in the Act on Pressure-Bearing Arrangements (869/1999)
 which applies to cisterns, pipe systems and other technical assemblies, including pipelines and cisterns that transport or intermediately store compressed CO2 at elevated pressure.

3.3 Iceland

3.3.1 National context

Iceland has a target to reduce GHG emissions at least 55 percent by 2030 compared to 1990 to be achieved by acting jointly with EU Member States and Norway. There is also a target to reach climate neutrality no later than 2040, which has been written into the climate act, and that Iceland shall be fossil fuel-free by 2040.
Iceland first implemented the CCS Directive in their Climate Law. The storage of CO2 on industrial scale in Iceland was forbidden at the first implementation.
 The political agenda however changed, and storage in Iceland was later allowed. Amendments to the legislation were made 2021 to enable CO2 storage at industrial scale. Before those amendments only research projects were permitted. The imple­men­tation is now being carried out in the Health and Pollution Prevention Act.
Iceland has special geological circumstances. Since 2012, the company Carbfix develops a unique technology for CO2 storage. It involves dissolving CO2 in water and the subsequent injection into basaltic layers, where it solidifies through mineralisation in less than two years.
Carbfix. Available at: http://www.carbfix.com (last viewed 2023-01-16).
 So-far, Carbfix has been operated as what would be classified as a research project according to the CCS Directive. However, the storage activities are approaching the upper limit for research of 100 kilotonnes CO2.
In 2019 a declaration of intent was signed between the government, Carbfix and 5 other companies. The parties of the declaration agree to investigate if the Carbfix method is suitable for reducing CO2 emissions from heavy industry in Iceland. The work is still in progress.
There is one demonstration plant (ORCA) for DACCS in Iceland. The heat and electricity required to run the direct air capture process is supplied by the Hellisheidi Geothermal Power Plant and the captured CO2 is injected by Carbfix.
Carbfix is planning to build a CO2 storage hub with a terminal that would enable import of CO2 to Iceland via ships, e.g., from European industry. The project recently received a large grant from the EU Innovation fund. The methodology and implementation will be verified by DNV.
Iceland is currently looking further into regulations and legal frameworks, including issues related to CO2 import and the EU ETS.
Storage activities so far have been onshore but there are plans to start looking at dissolving CO2 in salt water offshore where there are large areas with large potential for storage.

3.3.2 Permits for capturing CO2

The transposition of the CCS Directive was made with amendments to Iceland’s Health and Pollution Prevention Act
 (No 7/1998) which regulates when operating permits are needed. The capture of CO2 streams for the purpose of geological storage in accordance with the CCS Directive from facilities listed in Annexes of the Health and Pollution Prevention Act require a permit.

3.3.3 Permits for transporting and intermediate storage of CO2

No permits for transportation and intermediate storage of CO2 have been issued in Iceland. Such permits will be issued according to the Health and Pollution Control Act.
 Operators should grant third party access to transportation systems unless denial can be justified, and disputes are subject to decision by the Environmental Agency.
Potential users must have access to the carbon dioxide transmission system and/or the operator's injection area, for the purpose of transporting and/or injecting carbon dioxide there for permanent storage. The operator is allowed to charge for that fee.

3.3.4 Permits for permanent storage of CO2

The Icelandic climate change act of 2012 was amended in 2016 whereby the geological storage of CO2 in Iceland was prohibited with the exception of projects for research, development or testing purposes where the intention is to store less than a total of 100 kilotonnes of CO2.
 At the time geological storage of CO2 was not considered a viable option in Iceland due to the geological conditions.
Since then, however, the development of the Carbfix method advanced significantly. In 2021 a legislation that transposes the CCS Directive into Icelandic legislation was passed by the parliament of Iceland, as required by the terms of the EEA Agreement.
 According to the Act on Health and Pollution Control, as amended in 2022, it is permitted to geologically store CO2 in Icelandic territory, its exclusive economic zone and in its continental shelf.
 The legislation authorises the Environmental Agency to issue permit for injection for a certain period of time, upon receipt of a satisfactory application and according to the rules stipulated by law. Notably, the CCS Directive is adopted to the specific conditions in Iceland in that it distinguishes between two storage strategies – mineral storage of CO2 (the Carbfix method) and the more “conventional” supercritical storage of CO2 in geological formations for which the CCS Directive was originally developed. The legislation considers that for the former method, it is not assumed that CO2 is stored in strata underground at supercritical pressure, as stipulated in the CCS Directive, where there is a risk that CO2 will leak and find its way to the surface. While the provisions of the CCS Directive envisage extensive monitoring for 30 years for possible leaks, those provisions are not considered to apply to mineral storage of CO2, since the most important thing is to observe the sequestration of CO2 in the beginning immediately after it is pumped down and to confirm the mineralisation of the carbon dioxide.
Iceland has yet not granted permits for capture or storage of CO2 at industrial scale. At the time of the writing of this report there was one application for a CO2 storage permit which was being processed within the system of the Environment Agency of Iceland and other agencies.

3.4 Norway

3.4.1 National context

Norway has 26 years of experience of CCS including CO2 storage under the seabed in the Sleipner and Snöhvit fields outside its coast. There is a great potential for CO2 storage beneath the seabed in the North Sea.
National targets for CCS in Norway are closely linked to targets for the Longship project. In this project CO2 will be captured in a waste incineration plant
It was announced April 2023 that the project has been paused for a year amid projections of large cost overruns. During the 12-month hiatus ways to reduce costs will be sought, which would delay the project from its initially planned 2026 commissioning date.
 and a cement plant, respectively, in the Oslo fjord area, transported by ship to a terminal on the west coast, then transported in pipeline to the injection site. The CO2 will be injected to geological formations 2600 meters under the seabed. The transport and storage component of the Langship project is called Northern Lights. Two-thirds of the cost of the first phase is covered by the Norwegian state.
With this project, Norway aims to contribute to the development of technology for CCS and facilitate a cost-effective solution for full-scale CCS in Norway, which will contribute to technological development in an international perspective. The aim includes demonstrating that CCS is safe and feasible, to facilitate learning and cost reduction in subsequent projects, development of infrastructure with additional capacity that other project developers can utilise, hence lowering the threshold for establishing new CCS projects. At the time of writing this report, the first capture projects and the storage project were 30–40 percent finished. There is significant interest in utilising the Longship infrastructure. The first commercial agreement has been signed with fertiliser company Yara regarding storage of CO2 which will be transported from the Netherlands to Northern Lights.
Northern Lights is planning the next phase which involves an investment decision to expand the capacity with 5 million tonnes CO2 stored annually. The permit is expected to be issued in 2023. Two more storage licenses have been awarded and one more is in the pipeline. Equinor and Wintershall Dea announced a cooperation including a 900 km long pipeline for CO2 transport which will provide European CO2 emitters with access to offshore storage sites on the Norwegian Continental Shelf.
Future CCS projects will have to compete for grants and state aid from general funding schemes, like the Norwegian climate funding instrument and the EU Innovation fund. The Norwegian state will not engage in direct negotiations with individual stakeholders. The government of Norway expects that additional storage will be developed by third parties that are not funded by the Norwegian state. No new instruments targeting CCS are planned. The main obstacle that needs to be addressed going forward is the lack of coherent support mechanisms for negative emissions.
The CCS Directive has been implemented in Norway through one new regulation and two additions and amendment in two other regulations.
Fogstad Vold, S. (2020). “CCS Legislation in Norway: The EU CCS Directive and its Implementation into Norwegian Law”. In: European Energy Law Report XIII, Roggenkamp, M., Banet C. (ed.), 2020, p. 369-386.
 The new act is the Storage Regulation.
Forskrift om utnyttelse av undersjøiske reservoarer p å kontientalsokkelen til lagring av CO2 og om transport av CO2 p å kontientalsokkelen, forskrift 5 desember 2014 nr. 1517 (Lagringsforskriften).
 New chapters have been added to the Petroleum Regulation
Forskrift 27 juni 1997 nr. 653 (Petroleumsforskriften).
 and the Pollution Regulation.
Forskrift 1 juni 2004 nr. 931 (Forurensninsforskriften).
The Storage Regulation was inspired by the existing petroleum regulation. It has the purpose of contributing to sustainable energy and industrial production, by laying the groundwork for the utilisation of underwater reservoirs on the continental shelf for the environmentally safe storage of CO2 as a measure to counteract climate change.
Article 1 Storage Regulation.
 A permitting system is established through the Regulation for exploration and exploitation.
Fogstad Vold, S. (2020) p. 383.
 The new chapter in the Petroleum Regulation, chapter 4A, was added to meet the CCS Directives requirements relating to resource management not covered by the existing provisions in the Regulation. The provisions in the new chapter 5 of the Storage Regulation are largely the same as the new chapter 4A.
Fogstad Vold, S. (2020) p. 384.
 The new chapter in the Pollution Regulation implements the environmental aspects of the CCS Directive.
The regulation of CCS, including CO2 capture, transport, and storage activities in conjunction with petroleum activities is regulated in the Petroleum Regulation. CCS activities in conjunction with all other activities is regulated in the Storage Regulation.
Storage Regulation 1-3 §.
 The Norwegian regulation concerning CCS is therefore split in two parts. The Pollution Regulation however concerns all CCS activity. The reasoning behind the split in the regulation was that possible challenges could arise if petroleum activity and CCS in conjunction with petroleum activity were regulated in different legal frameworks.
Fogstad Vold, S. (2020), p. 381.
The CCS regulatory system is permit-based, where all exploitation or exploration requires a permit as the resources belong to the state. The same process regarding permits in used in the three regulations to make the permitting system as similar as possible for operators.

3.4.2 Permits for capturing CO2 and intermediate storage of CO2

It is set out in the Norwegian Pollution Act that permits are required for some activities that can cause pollution.
Pollution Act Ch. 3.
 The Pollution Regulation contains closer provisions regarding such permits. The capture of CO2 streams for the purpose of geological storage in accordance with the CCS Directive from facilities listed in Annex I to chapter 36 of the Pollution Regulation require a permit.
Pollution Regulation § 36-1 & Appendix 1 6.9.
 These facilities include facilities within the energy industry and the mineral industry such as cement production. Moreover, for all incineration plants with installed electrical power at least 300 MW, where the Pollution Control Authority determines that it is technically and economically feasible to carry out the capture and compression of CO2, conditions shall be stipulated in the permit to ensure that sufficient space is allocated at the plant for the necessary retrofitting of equipment for this.
Pollution Regulation § 36-12. See also § 36.4. This applies only to incineration plants where the first building permit or first operating permit is granted after entry into force of Chapter 35 of the Pollution Regulation which is the chapter added to the Regulation due to the CCS Directive.
The Ministry of Petroleum and Energy can give special permits for the transportation of CO2. From the interviews it has been indicated that no new or specific regulation regarding intermediate storage of CO2 has been implemented in the Norwegian legal order. The application processes for such storage facilities are regulated within the relevant legislation already in place, such as planning and building regulation.

3.4.3 Permits for permanent storage of CO2

Norway’s implementation of the CCS Directive only allows for offshore geological storage below the seabed within the continental shelf.
Storage Regulation 1-3 §, Petroleum Regulation § 1 & Pollution Regulation § 1–3.
 The limitation in the geological scope is due to the results of geological assessments of suitable areas.
Fogstad Vold, S. (2020), p. 382.
The Pollution Regulation sets out that any entity that injects and stores CO2 in geological formations must have a permit to do so. Before a permit is given by the Norwegian Environment Agency, the ESA must be given the chance to comment.
Pollution Regulation § 35–4.
 An exploration permit, an exploitation permit, and an injection permit are required by for any CCS activity. There is therefore no single storage permit as stated in the CCS Directive, but the requirements set out by the Directive are covered by the aforementioned permits.
Fogstad Vold, S. (2020), p. 382.
The Storage Regulation sets out that no one other than the State can carry out exploration or exploitation of underwater reservoirs on the continental shelf for the storage of CO2 and/or transport CO2 on the continental shelf without the permits, approvals and consents required in accordance with the Storage Regulation.
Storage Regulation § 1-4.

3.5 Sweden

3.5.1 National context

The Swedish Climate Act from 2017 includes a target to reach net-zero GHG emissions no later than 2045 and negative emissions thereafter. GHG emissions shall be reduced by at least 85 percent by 2045 compared to 1990. This means that, in order to attain net-zero emissions the remaining emissions, approximately 11 million tonnes CO2e, have to be counterbalanced through so-called “complementary measures”.
There is no formal CCS strategy, however a Preparation Committee focused on “complementary measures” and a brief plan for implementation of CCS in Sweden was given.
Government of Sweden (2020).
 In this context, BECCS is one of three “complementary measures” that can be used for counterbalancing residual emissions, the other two being forest carbon sinks and some other measures in the land use sector, and international investments through Article 6 (of the Paris Agreement). The Committee provided three main recommendations that resulted in government policy of relevance for BECCS: Firstly, the creation of a support scheme for negative emissions in the form of reverse auctions. Secondly the preparation of a proposal for a treaty with Norway according to the amendment of the London Protocol to enable Swedish export of CO2 for storage. In early 2022, the prime ministers of Norway and Sweden announced that work is ongoing and that it is important that the work is finalised. Thirdly, the creation of a national centre for CCS to be part of the Swedish Energy Agency.
The Preparation Committee also pointed out the need for R&D in the area of CCS. The programme for R&D related to CCS is already in place and it is called the “Industrial leap programme”. It runs over 2018 through 2030 with a budget of 1 354 MSEK.
The Swedish Energy Agency has been assigned to develop the support scheme for BECCS and is currently developing the design of the planned reverse auctions. 36 billion SEK have been allocated for the programme for the years 2026–2046. It has been communicated that the scheme has a target of up to 2 million tonnes biogenic CO2 stored annually by 2030. This is to be achieved through 1 to 3 reverse auctions between 2023 and 2026. The support period per project should be up to 15 years.

3.5.2 Permits for capturing CO2

As mentioned above, the capturing of CO2 is not directly regulated in the CCS Directive. In Sweden CO2 capture is regulated in the Regulation on Geological Storage of CO2
Förordning (2014:21) om geologisk lagring av koldioxid.
 (Storage Regulation). A permit is required for the capturing of CO2 streams for geological storage from facilities.
Miljöprövningsförordnigen (2013:251) 29 kap. 62–63 §§.
 When adding a capturing facility to an existing operating permit two situations could arise. Either the entire existing permit is to be reassessed or only the capturing facility is to go through a permit application process in the form of an amendment permit.
16 kap. 2 a § MB.
 Operators have expressed that to save time and costs the ideal solution would be to only have to apply for an amendment permit.
Romson, Å., Steen, L. (2021). ”Miljötillstånd i kedjan för bio-CCS”. In: Löfblad, E., et al. (2021). ”Samverkan kring infrastruktur för transport och lagring av koldioxid”. Energiforsk rapport 2022:838, Annex B.

3.5.3 Permits for transporting CO2 streams and intermediate storage of CO2

Concessions need to be granted to draw and use pipelines longer than 20 km for the transportation of CO2 for geological storage.
Lag (1978:160) om vissa rörledningar 1 §.
 Such a concession can be valid for a maximum of 40 years and the validity can subsequently be prolonged for 40 years at a time.
Lag (1978:160) om vissa rörledningar 5–5 a §§.
 When pipelines stretch over property that is not owned by the pipeline operator, a pipeline easement
Swedish ”ledningsrätt”.
 is needed.
Ledningsrättslagen (1973:1144) 2 § 4 p.
 Such an easement can be granted if it satisfies a public need, benefits business activities or communication facilities of national importance or a certain area, or causes only minor intrusions comparted to the benefits.
Ledningsrättslagen (1973:1144) 2 § 4 p.
In the Swedish legal system, captured CO2 is seen as waste but is in certain circumstances exempt from the Waste Regulation. During intermediate storage however, CO2 is not exempt from the Swedish Waste Regulation based on the wording of the regulation. This means that the intermediate storage of CO2 is seen as storage of non-harmful waste. Such activity requires a permit if the quantity stored exceeds 10 000 tonnes or a compulsory registration if the quantity is up to 10 000 tonnes.
Miljöprövningsförordningen (2013:251) 29 kap. 48–49 §§.

3.5.4 Permits for permanent storage of CO2

Sweden has allowed the geological storage of CO2 for volumes larger than 100 000 tonnes within the exclusive economic zone and areas in the territorial sea within one nautical miles (nm) from the baseline and excluding property.
Förordning (2014:21) om geologisk lagring av koldioxid 10 §.
 The government has however opened for the storage of CO2 on land in the future.
Prop. 2011/12:125 p. 104.
 For the exploration of a location to assess if it is suitable for storage compulsory registration of the activity is needed.
Miljöprövningsförordnigen (2013:251) 29 kap. 64 §§.
 So far, Sweden has not carried out a closer mapping of potential storage spaces which means that storage in Sweden is a matter for the future. Sweden’s regulation on storage permits has been accepted by the EU.
Nordic Council of Ministers I www.norden.org/publications I pub@norden.org