Disclaimer - please read
The definitions on this website (and published in our Climate Contract Playbook) have been prepared in good faith on a pro bono basis and are free to download and use. The definitions have been drafted and edited by a variety of lawyers and, as such, the approaches to drafting may not conform to any particular drafting norms. We acknowledge this as a consequence of the collaborative drafting process.
The definitions on this website (and published in our Climate Contract Playbook) are provided on an ‘as is’ basis and without any representation or warranty as to accuracy or that the definitions will achieve the relevant climate goal or any other outcome.
This website (and the Climate Contract Playbook) does not comprise, constitute or provide personal, specific or individual recommendations or advice of any kind, and does not contain legal or financial advice. The definitions are precedents for legal professionals to use, amend and negotiate using their professional skill and judgement and at their own risk.
While care has been taken in the drafting of these definitions, neither The Chancery Lane Project nor any of its contributors owe a duty of care to any party in relation to their preparation and do not accept any liability for any errors or omissions, nor for any loss incurred by any person relying on or using these definitions or any other person. Users should use their own professional judgement in the application of these definitions to any particular circumstance or jurisdiction or seek independent legal advice.
At present, all the definitions are based on the laws of England and Wales. We encourage the conversion of these precedent definitions for use in other jurisdictions.
Carbon Capture Storage (CCS) means the use of technology to safely:
(i) capture waste carbon dioxide at the emissions source;
(ii) transport the captured carbon dioxide; and
(iii) [either use or] permanently store the captured carbon dioxide,
such that the captured carbon dioxide is not released into the atmosphere.
Carbon Capture Storage (CCS)/ [Carbon Capture Usage & Storage (CCUS)] means the [technology for and] process of capturing, transporting [and using or] storing waste carbon dioxide.
The EU’s CCS Directive (2009/31/EC) provides that CCS should not serve as an incentive to increase the share of fossil fuel power plants. Its development should not lead to a reduction of efforts to support energy saving policies, renewable energies and other safe and sustainable low carbon technologies, both in research and financial terms. Lawyers drafting agreements that provide for CCS/CCUS should raise with clients the need for CCS/ CCUS to be a “last resort technology” where there is no viable alternative to producing the waste carbon dioxide.
The definitions above can be expanded to refer to the specific technology used or to the underlying industrial process / burning of fossil fuels necessitating CCS or CCUS. For example:
- the definition could be tailored to specifically mandate the use of a particular type of CCS technology that provides the best net emissions outcome – e.g. ‘pre-combustion capture’ or ‘post-combustion capture’; or
- the definition could be tailored to refer to capturing waste carbon dioxide emitted in the production of cement or in biomass energy production.
Obliging counterparties to engage in CCS/CCUS where there is no viable alternative to producing the waste carbon dioxide (e.g. in the production of cement).
Supply chain clauses, agreements concerning aggregate material production, manufacturing and primary energy production.
Carbon Capture, Carbon Capture Storage (CCS) & Carbon Capture Usage and Storage (CCUS) is used in the following TCLP clauses:
[Evelyn & Ezra’s Clause] Securing Net Zero in Planning Development Projects; and
[Rory’s Clause] Net Zero Land Promotion Agreement.