What does the Council of State’s ruling on building exemption mean for the important Porthos project?

Lawyer Valentijn Wosten (left), prior to the decision in the case about the Porthos transport and storage of CO2 integration plan.Image ANP

A number of large companies in the port of Rotterdam want to use the Porthos project to capture a total of 2.5 megatonnes of CO2 emissions annually and store them via a pipeline in the bottom of the North Sea. In the end, those CO2 savings add up nicely. In total, Porthos, in which the Port of Rotterdam Authority and Gasunie are also involved, could store 37 megatons. Porthos is already ‘sold out’, the 37 megaton is in principle a guaranteed reduction.

The catch is the nitrogen emissions that arise during the construction phase. 160 tons of nitrogen will be released during the construction of the pipeline and a compressor station. According to those involved in the project, it may be possible to reduce this by a quarter, for example by using electric excavators for construction on land. But no further reduction is possible at sea, because the huge construction ships are not yet electrified and their heavy diesel engines emitted a lot of nitrogen oxides. Because there is often a westerly wind along the Dutch coast, a large part of it blows towards four nearby Natura 2000 areas, which are damaged.

Not off the job

Wednesday’s ruling does not mean the end of the project, the Council of State emphasizes. But Porthos can no longer make use of the construction exemption. Targeted research into nitrogen precipitation during construction is now needed. This investigation has already been done, but Porthos submitted it too late in the proceedings. Environmental organization MOB, which had brought the case, will be given six weeks by the judge to respond to this investigation. After that, the lawsuit about Porthos continues.

Although the CO2 storage project has not been completed, the decision of the Council of State is a major setback. In May, Minister for Climate and Energy Rob Jetten warned that CO2 storage is necessary to achieve the climate goals in 2030. Goals that are already getting further and further out of sight, the Netherlands Environmental Assessment Agency noted on Tuesday. Each year of delay means 2.5 megatons of CO2 that would otherwise have been stored into the atmosphere.

Future uncertain

The future of Porthos is now uncertain. According to the rules that now apply, nature compensation must be carried out in the same area where the damage occurs, with the same biodiversity. In addition, the compensation must be ready at the start of construction. That is not yet there and will take at least a year and a half extra, say those involved. That means 5 megatons more CO2 emissions anyway.

More doom lurks: there is a chance that contractors who have to carry out the project will withdraw. The seagoing vessels needed for the construction of the pipelines are scarce and they are also needed for other jobs at sea for the energy transition. They may not be available in a year and a half, leaving the chance that Porthos will have to join at the back of the line.

Wind farms

It is also not the only project in jeopardy. Jetten warned last spring that the construction of wind farms at sea is also at risk, because the same problems are at play here. After all, the ships that install foundations and wind turbines also run on diesel and therefore emit nitrogen oxides. Among other things, the connection of the Hollandse Kust west beta wind farm near Beverwijk and the construction of IJmuiden Ver alfa and beta wind farms were based on the construction exemption. These projects will almost certainly be delayed.

Grid operator Tennet, which is responsible for, among other things, the connection of offshore wind farms, says that the ruling ‘will have a major impact on the planning of projects for the energy transition’. The construction of some offshore wind projects in which Tennet is involved may be delayed by one to two. The energy transition will also slow down on land, Tennet expects.

The Port of Rotterdam Authority says it is studying the ruling of the Council of State and will respond later today. The ministers involved will also provide an explanation later today.

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