CHAPTER III

SPECIAL PROVISIONS FOR COMBUSTION PLANTS

Geological storage of carbon dioxide
Article 36
1
Member States shall ensure that operators of all combustion plants with a rated electrical output of 300 megawatts or more for which the original construction licence or, in the absence of such a procedure, the original operating licence is granted after the entry into force of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide , have assessed whether the following conditions are met:
a
suitable storage sites are available,
b
transport facilities are technically and economically feasible,
c
it is technically and economically feasible to retrofit for carbon dioxide capture.
2
If the conditions laid down in paragraph 1 are met, the competent authority shall ensure that suitable space on the installation site for the equipment necessary to capture and compress carbon dioxide is set aside. The competent authority shall determine whether the conditions are met on the basis of the assessment referred to in paragraph 1 and other available information, particularly concerning the protection of the environment and human health.
OJ L 140, 5.6.2009, p. 114.