Highlights

• The Regulation designates new areas where underground carbon dioxide storage complexes may be located.
• Any exploration of potential sites will require a decision approving the geological works project, issued by the Minister of Climate and Environment.
• A decision to explore potential sites does not constitute authorisation for underground CO₂ storage – this will be a subsequent stage, at which operators will have to meet a number of safety conditions. 
• These changes form part of the process of establishing a legal framework for technologies that can support the reduction of greenhouse gas emissions in sectors that are difficult to decarbonise.

On 12 June 2026, a regulation amending the provisions concerning areas in which underground carbon dioxide storage complexes may be located has been published in the Journal of Laws The amendment takes into account the growing interest in carbon capture and storage (CCS) technology and the previously limited number of areas available for this type of activity. Until now, the siting of underground CO₂ storage complexes had been permitted in only one location, situated beneath the seabed of the Baltic Sea. The amended regulation expands the list of such areas, designating additional sites – namely 18 areas on land and at sea – within the exclusive economic zone of the Republic of Poland. 

The designated locations relate to selected deep geological structures whose top is situated below 900 metres below mean sea level, such as hydrocarbon reservoirs or highly mineralised groundwater levels, known as brine aquifers. The regulations will also apply to the process of enhanced hydrocarbon recovery combined with underground CO₂ storage.

The sites were selected based on an analysis of geological, hydrogeological, geophysical and environmental data. All selected structures meet key safety criteria and offer potentially suitable geological conditions necessary for the permanent and leak-proof storage of CO₂, minimising the risk of its migration and impact on people and the environment.

Activities involving the prospecting or exploration of underground carbon dioxide storage complexes, as well as underground carbon dioxide storage itself, are regulated by the Act on Geological and Mining Law, which establishes the conditions for conducting such activities whilst maintaining high standards of safety and environmental protection. These provisions take into account the relevant requirements set out in Directive 2009/31/EC on the geological storage of CO₂, which establishes a legal framework for the environmentally safe geological storage of carbon dioxide. 

The signing of the regulation does not determine the location of underground CO₂ storage sites. It merely designates the areas within which the prospecting, exploration and documentation of underground CO₂ storage complexes will be permitted. It will be many months after the amended regulations come into force before it will be possible to confirm that the appropriate conditions for potential CO₂ storage in the future are met.

Before obtaining a licence for underground carbon dioxide storage activities, the following must be done: 

• draw up and approve a plan for geological works to prospect for or explore an underground carbon dioxide storage complex, 
• draw up and approve hydrogeological and geological-engineering documentation, prepared to determine the conditions associated with the intended underground carbon dioxide storage,
• obtain an environmental decision, 
• draw up and approve a management plan for the underground carbon dioxide storage site. 

As mentioned, the geological works project for the prospecting and exploration of potential sites shall be approved by a decision of the Minister of Climate and Environment. This means that it will be necessary to obtain the required administrative consents as early as during the prospecting and exploration phase. In case of the prospecting or exploration of underground carbon dioxide storage complexes on the maritime areas of the Republic of Poland, carried out using boreholes deeper than 100 m or in combination with pilot underground carbon dioxide injection, it will also be necessary to obtain a decision on environmental conditions. Based on an approved geological works plan, it will be possible to conduct detailed investigations to determine whether a given structure is suitable for the safe underground storage of CO₂.

The results of the geological surveys and works, which will enable the characterisation ofthe underground CO₂ storage complex, will be set out in the hydrogeological and geological-engineering documentation, which shall also be approved by decision of the Minister of Climate and Environment. These documents shall include a detailed risk assessment and a comprehensive feasibility study of the proposed project, together with an analysis of risks to public safety and the environment at all stages – from construction, through operation, to decommissioning and the post-closure period of the underground CO₂ storage site, including in emergency situations. The measures adopted are intended to provide adequate control over the safety of CCS projects and effective protection of human health and life, as well as the environment. 

At the same time, the decision to assess a potential site does not constitute approval for underground CO₂ storage. Nor does it pre-determine whether underground carbon dioxide storage will be possible at that site in the future. Projects of this kind will require separate administrative procedures to be completed, including the obtaining of an environmental permit.  This process will be multi-stage, and according to current regulations, public participation will be required. Every potential project will be subject to a detailed assessment in terms of human and environmental safety.

The final granting of a licence for underground carbon dioxide storage will require, inter alia, agreement with the local authority head (mayor, city president), with the director of the relevant maritime authority or the minister in charge of maritime affairs, and, in the case of underground carbon dioxide storage totalling 100 kilotonnes or more, also obtaining the opinion of the European Commission.

A licence for underground carbon dioxide storage activities will be granted on condition that financial security is provided to ensure the proper fulfilment of obligations connected with the operation of the underground carbon dioxide storage site and the decommissioning of the mining facility.

Activities related to the underground storage of carbon dioxide involve at least 20 years of monitoring the storage site. Once such monitoring will be completed, the mining facility will be decommissioned and the long-term stability of the storage site will be confirmed, responsibility for it will be transferred to the National Administrator of Underground Carbon Dioxide Storage Sites. The Administrator will continue monitoring for a period of not less than 30 years. Funding for this purpose will be secured by the operator holding a licence for underground carbon dioxide storage.

The new regulation may contribute to the development of carbon capture and storage technology, which is a key element in strengthening the resilience of Polish industry during the energy and climate transition. The greatest challenge remains in sectors where a significant proportion of emissions are process-related, and where greenhouse gas emissions are difficult to avoid without the use of CO₂ capture technology. The regulation is primarily addressed to the cement, lime, steel, copper, petrochemical and chemical industries. The Polish government sees CCS technology as one of the tools enabling the effective decarbonisation of energy-intensive industries and the achievement of national and EU climate targets. At the same time, in the electricity sector, CCS technology will not compete with the development of renewable energy sources as the current path to decarbonisation.