Memorandum submitted by the Department
of Energy and Climate Change (GEO 13)
This submission provides written evidence for
the Committee's enquiry into:
The regulation of geo-engineering, particularly,
international regulation and regulation within the UK.
It addresses the three questions contained in
the Terms of Reference for this enquiry.
SUMMARY
Geo-engineering is an emerging policy
area and there are at present no international treaties or institutions
with sufficient mandate to regulate the broad range of possible
geo-engineering activities. Thus there are no regulatory frameworks
in place aimed specifically at controlling geo-engineering activities.
The risk consequently exists that some methods could be deployed
without appropriate international agreement or regulation.
The 2009 Royal Society report has
concluded that, "while it is likely that some existing
national, regional and international mechanisms may apply to either
the activities themselves, or the impacts of geo-engineering,
they have yet to be analysed or tested with this purpose in mind".
We agree with the Royal Society that
appropriate governance mechanisms for regulating the deployment
of geo-engineering methods, whether large-scale or contained (ie
within national boundaries), should be established before they
are needed in practice. Any regulatory framework for geo-engineering
will need to be flexible, so it can be adapted to take account
of new findings and developments in this emerging area of technology.
We therefore consider that there is a
need for international regulation of geo-engineering research
and deployment, in particular for those technologies that have
trans-boundary implications or take place beyond national
jurisdiction, as soon as possible. There is currently insufficient
information to be specific about the tools and regulations that
would need to be implemented. Regulation of some of the technologies
may be feasible by employing or amending existing treaties and
protocols of international law. However, others (such as atmosphere
and space-based methods) may require new international mechanisms.
We suggest that international regulations
should also seek to differentiate between research and deployment
activities, and that regulations concerning research should be
developed first. We agree with the recommendation of the Royal
Society report that a de minimis standard should be established
for regulation of trans-boundary research. The appropriate
level would need to be decided collectively, according to the
type and scale of research.
We do not have a clear view at this stage
as to whether existing national regulatory controls are likely
to be sufficient for geo-engineering technologies where the activities
and their impacts are confined within national boundaries.
DEPARTMENT OF
ENERGY AND
CLIMATE CHANGE
(DECC)
The Department of Energy and Climate Change
(DECC) was created in October 2008, to bring together:
energy policy (previously with BERR,
which is now BISthe Department for Business, Innovation
and Skills), and
climate change mitigation policy (previously
with Defrathe Department for Environment, Food and Rural
Affairs).
This new Department reflects the fact that climate
change and energy policies are inextricably linkedtwo thirds
of our emissions come from the energy we use. Decisions in one
field cannot be made without considering the impacts in the other.
DECC has adopted seven specific objectives to
help focus efforts towards a low carbon future:
to secure global commitments that prevent
dangerous climate change;
to reduce greenhouse gas emissions in
the UK;
to ensure secure energy supplies;
to promote fairness through our climate
and energy policies at home and abroad;
to ensure the UK benefits from the business
and employment opportunities of a low carbon future;
to manage energy liabilities effectively
and safely; and
to develop the Department's capability,
delivery systems and relationships so that we serve the public
effectively.
THE REGULATION
OF GEO-ENGINEERING
1. Geo-engineering[2]
solutions have been proposed as an emergency strategy to cool
the planet. However, it is clear that geo-engineering technologies
are currently incompletely understood, undeveloped and untested,
and at present they remain a long way from being practical solutions
to an urgent problem. It is, however, recognised that geo-engineering
may have a possible role to play in aiding our mitigation efforts
to reduce greenhouse gas emissions in the future. Thus, it is
essential that full and considered investigation of the risks
and feasibility of geo-engineering solutions is performed before
implementation.
2. This submission is informed by the Royal
Society report "Geo-engineering the Climate", published
in September 2009 which represents the most extensive study
of geo-engineering issues to date and provides an initial assessment
of a range of proposed geo-engineering solutions.
Q. Is there a need for international regulation
of geo-engineering and geo-engineering research and, if so, what
international regulatory mechanisms need to be developed?
3. The intended impact of any geo-engineering
technique is, by definition, global and, as such, international
agreement is crucial to ensure clarity and common understanding
of the scientific, legal and ethical issues surrounding geo-engineering.
While there may be benefits, there are also considerable associated
risks. More specifically, there may be significant undesirable
environmental effects of geo-engineering solutions, particularly
solar radiation management techniques or those that interfere
with ecosystems. These factors point to the need for some form
of international regulation of geo-engineering techniques.
4. International coordination is necessary
to develop strategies to ensure that both research and development,
and deployment of technologies are pursued responsibly. The Royal
Society report highlights a number of specific issues of concern
that should be considered in any future discussion of geo-engineering
and with which we agree:
There are a number of proposed geo-engineering
technologies that may be sufficiently low cost that they could
be implemented by a single nation or wealthy individuals and,
therefore, there needs to be agreement on how to guide their activities
and guard against risky and irresponsible action.
Distribution of the environmental impacts
of geo-engineering solutions may not be uniformly beneficial across
the globe and full consideration of unique national or regional
sensitivities to these solutions will need to be made. Some countries
may experience detrimental effects due to geo-engineering solutions
despite net global benefits. The legal and ethical framework for
possible compensation arrangements are unlikely to be straightforward.
A geo-engineering action taken by an
individual country might be seen as an infringement on the territory
of other nations. This may be particularly relevant to techniques
that entail atmospheric manipulations, which affect national airspace
and need to be large-scale to have significant effects.
Regulation of technologies is generally
developed on the basis of existing research and evidence. In this
case, however, knowledge and understanding of the risks of these
technologies is still at a very low level and any research must
be conducted responsibly and with caution. While initial research
on the risks and feasibility of different solutions will focus
on modelling studies and small-scale field or laboratory experiments,
the extent to which these adequately answer questions of unintended
and negative consequences is limited and plans should be in place
to prepare for large-scale experiments.
As geo-engineering technologies are presently
at a very early stage of development, any regulatory framework
must therefore feature flexible characteristics to allow for developments
in light of new knowledge and evidence and evolving social and
political perspectives.
5. Furthermore, different geo-engineering
technologies may need different governance arrangements for research
and deployment. The technologies can be broadly classified into
two groups: Carbon Dioxide Removal (CDR) techniques which seek
to remove CO2 from the atmosphere and solar radiation
management (SRM) techniques which act to reflect sunlight out
of the atmosphere. SRM is likely to offer lower cost options than
CDR where the investment lead-times are longer and the capital
costs are far higher, but SRM entail significant risks and uncertainties.
It is also is particularly subject to issues of reversibility
and termination.
6. To formulate an overarching governance
framework covering all geo-engineering research and deployment
will be challenging. A possible approach is to disaggregate technologies
and take into account the range in approaches, separating those
technologies that focus on CO2 reduction from
SRM solutions, for example. Some solutions, such as injection
of sulphate aerosol into the stratosphere, will require detailed
discussion and development of specific regulations but for others,
existing treaties may be applied, for example the Montreal Protocol.
There are also existing international treaty instruments in place
that may cover the broader issues relating to the trans-boundary
impacts of many geo-engineering approaches, for example, the UN
Framework Convention on Climate Change (UNFCCC) and the UN Law
of the Sea Convention.
7. A specific example of the use of existing
mechanisms to address geo-engineering research or deployment is
the application of the London Convention and its Protocol to ocean
fertilisation. At the October 2008 meeting of contracting
parties (which includes the UK) to the London Convention and Protocol,
a non-binding resolution on the regulation of ocean fertilisation
was adopted. Under the Protocol, the disposal of wastes or other
matter into the sea is considered "dumping" and is regulated.
Where the intention is for a purpose other than mere disposal,
such an activity is considered to be "placement" and
is permitted provided that such placement is not contrary to the
aims of the Protocol.
8. The resolution agreed that the scope
of the London Convention and Protocol includes ocean fertilisation
activities, and that in order to provide for legitimate scientific
research, such research into ocean iron fertilisation should be
regarded as placement of matter for a purpose other than mere
disposal.
9. The resolution also agreed that, given
the present state of knowledge, ocean fertilisation activities
other than legitimate scientific research should not be allowed,
and should be considered as contrary to the London Convention
and Protocol. Contracting parties to the London Convention and
its Protocol are considering all the available options identified,
and have been requested, following the meeting of governing bodies
in October 2009, to deepen understanding of the implications of
legally binding options to enable informed consideration and discussion
on this issue by the governing bodies in 2010. A moratorium has
been placed on large-scale ocean fertilisation research under
the Convention for Biological Diversity while a regulatory agreement
is being developed under the London Convention/Protocol.
10. The UK supports the precautionary approach
towards ocean fertilisation. Any change to the London Protocol
to enable all forms of marine geo-engineering for research purposes
needs careful consideration before certain techniques that might
usually be considered to be "placement" are prohibited
as "dumping". Thought needs to be given to whether the
London Protocol is the right instrument for this purpose (ie to
regulate all forms of marine geo-engineering).
11. There are already many international
bodies that may have an interest in geo-engineering, for example,
the World Meteorological Organisation, and the IPCC. The IPCC's
Fifth Assessment Report will begin to explore the scientific issues
and risks surrounding geo-engineering approaches. While this is
not expected to discuss governance directly, we consider this
work will be a useful contribution in helping to inform international
discussions on the mechanisms and strategies that are needed.
This would also help develop an international framework for consistently
assessing the risks, benefits, costs and feasibility across different
geo-engineering approaches and technologies, as currently individual
studies apply their own assessment criteria.
Q. How should international regulations be
developed collaboratively?
12. We suggest a suitable organisation needs
to be identified, whose mandate would enable it to take the lead
in facilitating the collaborative development of international
regulations.
13. The Royal Society have suggested that
an international consortium is formed to explore the safest and
most effective geo-engineering options while building a community
of researchers and developers, and we consider that this is worth
pursuing. It would also be necessary to address the non-technological
issues surrounding geo-engineering, including the legal, social
and ethical dimensions, and agree a precautionary principle. One
example of a successful group which seeks to address the regulation
of an ethically contentious area is the Human Genome Project.
14. We agree that further research is required
to understand the risks and feasibility of geo-engineering approaches.
We also recognise that this research must be carried out in parallel
with discussions on the legal, social and ethical implications,
and regulation and governance. To this end, DECC proposes to set
up a Working Group to explore and develop proposals for governance
structures relating to geo-engineering research from Spring 2010.
Q. What UK regulatory mechanisms apply to
geo-engineering and geo-engineering research and what changes
will need to be made for the purpose of regulating geo-engineering?
15. The Royal Society report notes that
issues of liability for some contained activities that remain
within State jurisdiction such as air capture or surface albedo
enhancements, under public or private initiatives, could largely
be covered by domestic law. There is a range of existing national
land-use planning and environmental controls that are likely to
be applicable to geo-engineering and geo-engineering research.
16. At this stage, further work is needed
to identify what, if any, existing regulations can be used to
regulate geo-engineering research. This issue will be considered
by the Working Group.
January 2010
2 This submission draws upon Royal Society report published
in September 2009 to define geo-engineering as "the
deliberate large-scale intervention in the Earth's climate system"
in order to moderate global warming. Back
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