1. Each entity holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC shall be subject to an individual contribution to the Union-wide target for available CO2 injection capacity set in Article 20 of this Regulation. Those individual contributions shall be calculated pro-rata on the basis of each entity’s share in the Union’s crude oil and natural gas production from 1 January 2020 to 31 December 2023 and shall consist of CO2 injection capacity in a storage site permitted in accordance with Directive 2009/31/EC and available to the market by 2030. Entities with crude oil and natural gas production below the threshold set in accordance with a delegated act pursuant to paragraph 12 of this Article, shall be excluded from this calculation and shall not be subject to a contribution.
2. By 30 September 2024, Member States shall identify and report to the Commission the entities referred to in paragraph 1 and their volumes in crude oil and natural gas production from 1 January 2020 to 31 December 2023.
3. Following the receipt of the reports submitted pursuant to Article 21(2), the Commission, after consulting Member States and interested parties, shall specify the contributions to the Union CO2 injection capacity objective by 2030 from entities referred to in paragraph 1 of this Article.
4. By 30 June 2025, the entities referred to in paragraph 1 shall submit to the Commission a plan specifying in detail how they intend to meet their contribution to Union CO2 injection capacity objective by 2030. Those plans shall:
(a)
confirm the entity's contribution, expressed in terms of targeted volume of new CO2 storage and injection capacity commissioned by 2030;
(b)
specify the means and the milestones for reaching the targeted volume.
5. In order to meet their targeted volumes of available injection capacity, the entities referred to in paragraph 1 may:
(a)
invest in, or develop, CO2 storage projects alone or in cooperation;
(b)
enter into agreements with other entities referred to in paragraph 1;
(c)
enter into agreements with third-party storage project developers or investors to fulfil their contribution.
6. By 30 June 2026 and every year thereafter, the entities referred to in paragraph 1 shall submit a report to the Commission detailing their progress towards meeting their contribution. The Commission shall make those reports public.
7. 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.
8. Provided that the conditions laid down in paragraph 7 are fulfilled, the Commission shall adopt a decision exempting the entities concerned from their individual contribution in relation to the production activities they have carried out on the territory of the Member State submitting the request.
9. Entities exempted pursuant to paragraph 8 may enter into agreements in accordance with paragraph 5, points (b) and (c), only in respect of any injection capacity exceeding the individual contribution from which they are exempted and the sum of the individual contributions that have been exempted.
10. One year after the exempting decision and every year thereafter, the Member State shall submit a report to the Commission specifying in detail the progress of the entities exempted pursuant to paragraph 8 towards meeting their contribution to the Union-wide target for available CO2 injection capacity set in Article 20. The Commission shall make those reports public.
11. By 31 December 2028, the Commission shall, on the basis of the reports referred to in Article 42(1), point (c), and Article 42(8), assess the relationship between the demand for injection capacity from CO2 capture projects and the main infrastructure needed for the transport of CO2 in progress or planned to be operational by 2030 and the sum of the individual contributions of the entities referred to in paragraph 1 of this Article in relation to the production activities on the territory of a given Member State. In the case of a substantial imbalance, the Member State concerned may exceptionally ask the Commission for a derogation regarding the date by which the individual contributions are to be fulfilled.
12. The Commission is empowered to adopt delegated acts in accordance with Article 44 to supplement this Regulation with regard to:
(a)
the rules concerning the identification of entities subject to a contribution pursuant to paragraph 1, including the threshold below which entities are exempt from contribution;
(b)
the arrangements whereby agreements between entities referred to in paragraph 1 and investments in storage capacity held by third parties are taken into account to meet their individual contribution under paragraph 5, points (b) and (c);
(c)
the content of the reports referred to in paragraph 6;
(d)
the detailed conditions under which the Commission may grant an exemption or a derogation to entities under paragraph 7, 8 or 11.
13. No later than 30 June 2026, Member States shall lay down penalties by means of administrative procedures, legal proceedings, or both, applicable to infringements by entities referred to in paragraph 1 with regard to their obligations under paragraph 3. Those penalties shall be effective, proportionate and dissuasive.