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Carbon dioxide storage and transport law passed

On 5 November 2025, the German Parliament (Bundestag) passed the Carbon Dioxide Storage and Transport Act (KSpTG). The Act is intended to enable the commercial storage and transport of carbon dioxide on an industrial scale.

What does the Carbon Dioxide Storage and Transport Act regulate?

The KSpTG extends the previous scope of the Carbon Dioxide Storage Act (KSpG) from purely research and demonstration projects to commercial use on an industrial scale. It creates a uniform approval regime for the transport of CO₂ through carbon dioxide pipelines, which is based on the planning approval procedure for pipeline projects under the Energy Industry Act. The construction of carbon dioxide storage facilities for commercial use on an industrial scale is also to be made possible, taking into account existing uses and ecological criteria.

Where can CO2 be stored?

CO₂ storage generally takes place offshore in the exclusive economic zone (EEZ) and on the continental shelf, i.e. at a distance of between 12 and 200 nautical miles from the coast, particularly under the North Sea. The federal states have the option of allowing storage on the mainland through state law (known as the ‘opt-in clause’), but this depends on the consent of the local authorities.

How should the Carbon Dioxide Storage and Transport Act be assessed?

The creation of a uniform legal framework for the transport and storage of CO2 was long overdue and is particularly important for emissions that are difficult or impossible to avoid. The rapid creation of infrastructure and development of existing storage potential is also necessary to achieve national, European and international climate protection targets. The uniform legal framework for pipeline projects is to be welcomed, but on the other hand, the opt-in clause for storage threatens to lead to inconsistent state regulations.

Where can I find more information about the Carbon Dioxide Storage and Transport Act?

The adopted draft bill and further materials on the legislative process can be found here (in German) on the Bundestag website.

Mirjam Büsch
Rechtsanwältin | Associate

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