5.7 Onshore and offshore cross-border transportation and storage

There remain barriers to the transboundary export of CO2 under the London Protocol as such transport is currently prohibited under Article 6 of the London Protocol. In a report dated 3 April 2009, an International Maritime Organisation (IMO) working group noted that the majority of States were of the view that transboundary export of CO2 was prohibited under Article 6 and the London Protocol would need to be amended to allow export (IMO, 2009). The key implication is that until such an amendment is in force it appears that the export of CO2 for sea disposal is prohibited under the London Protocol.

If CO2 which is to be transported across State boundaries falls within the definition of ”hazardous waste” under the Basel Convention this could also preclude the international transport of CO2 to non-parties and to nonOrganisation for Economic Co-operation and Development (OECD) countries for final disposal. The same IMO working group (considering amendments to Article 6 of the London Protocol) also considered whether the Basel Convention applies to such CCS activities. While the majority of respondents were of the view that the Basel Convention does not apply to the transboundary movements of CO2, States such as the Netherlands and groups such as Greenpeace are of the view that the Basel Convention does apply to the transboundary movement of CO2. Until these issues are resolved, CCS activities will likely remain largely confined within national boundaries.