Deliver an individual CO2 injection-capacity contribution for production carried out in a Member State whose permitted, FID-reached storage capacity already exceeds the sum of those contributions.
Authorised oil and gas producers active in a Member State that obtains the exemption must comply, and this is law in force.
Why it matters
This is law in force, not a proposal.
- It is Art. 23(7)-(8), in the Net-Zero Industry Act. as of 2026-08-18
- The act gives its timing as: Application to be submitted before the end of 2027. as of 2026-08-18
- It names 2 industries by name: Carbon capture and storage and Power. as of 2026-08-18
- Compliance is checked by competent authority, one-off. as of 2026-08-18
The rule
the Member State applies before the end of 2027 and its permitted storage capacity exceeds the sum of the individual contributions
Deliver an individual CO2 injection-capacity contribution for production carried out in a Member State whose permitted, FID-reached storage capacity already exceeds the sum of those contributions.
Who is affected
Burden drivers
Source text
By way of derogation from paragraph 1, a Member State may request the Commission to exempt the entities referred to in that paragraph from individual contributions in relation to the production activities that they have carried out on the territory of that Member State from 1 January 2020 to 31 December 2023, provided that: (a) the overall annual injection capacity of all storage sites operated by any entity that has received a storage permit within the meaning of Directive 2009/31/EC and that has reached a final investment decision located on the territory of that Member State exceeds the sum of the individual contributions of the entities referred to in paragraph 1 of this Article in relation to the relevant production activities, and that the annual injection capacities associated with those storage sites corresponds to those mentioned in the storage permits and in the final investment decisions and contributes to the Union-wide target for available CO2 injection capacity set in Article 20 of this Regulation; (b) the application is submitted before the end of 2027.
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