17 Sep 2024

From vision to reality: A regulatory guide to carbon capture, usage and storage in Europe

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Policymakers in Europe are increasingly focusing on the developmentof carbon capture, usage and storage (CCUS) value-chains, driven by decarbonisation and energy security considerations.

We are actively advising some of the first CCUS projects in our respective jurisdictions and have firsthand experience of the challenges and opportunities arising as CCUS moves from vision to reality. We are seeing projects and ventures proliferate in some markets, with developers and investors increasingly looking to commit substantial capital in the context of significant regulatory flux. Meanwhile, in other markets, policymakers are beginning to lay the groundwork for the development of the industry.

In this guide, we examine the status of the European CCUS sector, and explore the emerging regulatory landscape across the value-chain in 7 jurisdictions:

France
Germany
Italy
Netherlands
Portugal
Spain
United Kingdom

This guide is intended to assist developers, investors, lenders, policymakers and other market participants to navigate:

the evolving regulatory frameworks for CCUS across the value-chain; and
the interface between CCUS and other policy considerations such as carbon markets and e- fuels.

By providing a comprehensive introduction of the current state of the regulatory landscape for CCUS in the jurisdictions reviewed, we hope the guide will become a valuable resource for stakeholders committed to driving forward the CCUS agenda in Europe, and will support the identification of the challenges to be faced and the opportunities to be seized in making CCUS a cornerstone of Europe’s sustainable energy future.

This guide is a collaboration between our Best Friends firms, consisting of BonelliErede in Italy, Bredin Prat in France, De Brauw Blackstone Westbroek in the Netherlands, Hengeler Mueller in Germany, Slaughter and May in the United Kingdom, and Uria Menéndez in Portugal and Spain. Each is a market leader in its respective jurisdiction, each has a formidable international reputation, and all are authorities in cross-jurisdictional best practice.

We regularly work together on energy and infrastructure matters and are actively engaged on CCUS mandates in all the jurisdictions mentioned in this guide.

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