Activities of Jutta PAULUS related to 2021/0423(COD)
Plenary speeches (3)
Methane emissions reduction in the energy sector (debate)
Methane emissions reduction in the energy sector (debate)
Methane emissions reduction in the energy sector (A9-0162/2023 - Pascal Canfin, Jutta Paulus) (vote)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on methane emissions reduction in the energy sector and amending Regulation (EU) 2019/942
Amendments (150)
Amendment 43 #
Draft legislative resolution
Citation 2
Citation 2
— having regard to Article 294(2) and Article 194(2192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9- 0467/2021),
Amendment 51 #
Proposal for a regulation
Recital 2
Recital 2
(2) On a molecular level, although methane remains in the atmosphere for a shorter periodAlthough methane has a shorter average atmospheric residence time (10 to 12 years) than carbon dioxide (hundreds of years), its greenhouse effect on the climate is over 80 times more significant than carbon dioxide (CO2) over a 20-year period1a and it contributes to ozone formation which is a potent air pollutant that causes serious health problems. The amount of methane in the atmosphere globally has risen sharply over the last decade. _________________ 1a https://www.ercevolution.energy/ipcc- sixth-assessment-report/
Amendment 52 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
Amendment 53 #
Proposal for a regulation
Recital 4
Recital 4
(4) According to the Union’s greenhouse gas (‘GHG’) inventories data, 53 % of anthropogenic methane emissions come from agriculture, 26 % from waste and the energy sector is estimated to be responsible for 19% of methane emissions within the Union. This does not include methane emissions linked to the Union’s fossil energy consumption which are occurring outside the Union. The EU is the world’s largest importer of fossil gas, thus the Union is an important driver of global methane emissions.
Amendment 55 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Given that upstream exploration and production, fossil gas gathering and processing also produces naphtha and natural gas liquids for use in the petrochemical sector and results in methane emissions, the petrochemical sector should be subject to the same measures on monitoring and reporting, leak detection and repair, and limits to venting and flaring as the energy sector.
Amendment 58 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) Similar to pipelines, methane leakage also occurs during shipping of liquefied natural gas.
Amendment 60 #
Proposal for a regulation
Recital 5
Recital 5
(5) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050 at the latest. The European Green Deal Communication14 indicates that the decarbonisation of the gas sector will be facilitated, including by addressing the issue of energy-related methane emissions. The Commission adopted an EU strategy to reduce methane emissions (‘the Methane Strategy’) in October 2020 setting out measures to cut methane emissions in the EU, including in the energy sector, and internationally. In Regulation (EU) 2021/111915 (‘European Climate Law’), the Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest and also established a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55% below 1990 levels by 2030. To achieve that level of GHG emission reductions,he Commission indicates in its accompanying Impact Assessment that 77% of projected methane emissions can be abated at less than the sum of social benefits. A minimum reduction of 80% of methane emissions fromin the energy sector should decrease by around 58% by 2030 compared to 2020by 2030, alongside a decline in the use of fossil fuels, would therefore capture the social benefits of methane mitigation at less than their cost and could lead to a fossil free economy by 2035. This will contribute positively to limiting global warming to 1.5°C and would allow the EU to effectively take the lead in fighting methane emissions and strengthening energy security. _________________ 14 COM(2019) 640 final. 15 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021).
Amendment 63 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Methane emissions associated with fossil fuels can never be fully eliminated. All gas infrastructure is prone to leak and the clearest pathway to reduce methane emissions is by phasing out fossil gas and preventing the development of new fossil gas infrastructure, such as import pipelines and liquefied natural gas (LNG) terminals. Moreover, hydraulic fracturing (fracking) operations are particularly emissive, and the Union should therefore prohibit all new operations and halt all the existing ones. Therefore, Member States should develop comprehensive strategies, including plans with timelines and intermediate targets to reach the objective of a phase-out of fossil gas by 2035. Such plans should be linked to the National Energy and Climate Plan (NECP) framework and, though focused on eliminating demand for non-renewable gas, should seek to align national policies in other frameworks to prevent and unwind fossil gas lock-in.
Amendment 64 #
Proposal for a regulation
Recital 6
Recital 6
(6) Methane emissions are included in the scope of the Union greenhouse gas reduction targets for 2030 set out in the European Climate Law and the binding national emission reduction targets under Regulation (EU) 2018/84216 . However, there is currently no Union level legal framework setting out specific measurestargets and measures covering all sectors, including the energy sector, for the reduction of anthropogenic methane emissions leading the energy sectoro a significant reduction of methane emissions in the EU by 2030, in line with the Paris Agreement. In addition, whilst Directive 2010/7517 on industrial emissions covers methane emissions from the refining of mineral oil and gas, it does not cover other activities in the energy sector. _________________ 16 Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018). 17 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010).
Amendment 66 #
Proposal for a regulation
Recital 7
Recital 7
(7) In this context, this Regulation should apply to the reduction of methane emissions in oil and fossil gas upstream exploration and production, fossil gas gathering and processing, gas transmission, distribution, underground storage and liquiefied fossil gas (LNG) tankers and terminals, as well as toin operating underground and surface coalmines, and closed and abandoned underground coal mines and in the petrochemical sector.
Amendment 74 #
Proposal for a regulation
Recital 8
Recital 8
(8) Rules for accurate measurement, reporting and verification of methane emissions in the oil, gas and coal sectors, as well as for the abatement of those emissions, including through leak detection and repair surveys and restrictions on venting and flaring, should be addressed by an appropriate Union legal framework. Such a framework should contain rules to enhance transparency with regard to fossil energy imports into the Union, thus improving the incentives for a wider uptake of methane mitigation solutions across the globeThe rules laid out in this Regulation should apply to the whole energy supply chain from the point of production, imports included, to delivery to users.
Amendment 77 #
Proposal for a regulation
Recital 9
Recital 9
(9) Compliance with the obligations under this Regulation is likely to require investments by regulated operators and the costs associated with such investments should be taken into account in tariff setting, subjincluding considerations of efficiency relating to capture and use of methane emissions that would otherwise be unexploited through leaks and other emissions. The costs of methane reduction measures are however expected to efficiency principlesbe very low, particularly given the increased market prices for gas, and necessary investments for such measures would be limited, with a short payback period.
Amendment 83 #
Proposal for a regulation
Recital 13
Recital 13
(13) The main mechanism available to the competent authorities should be inspections, including examination of documentation and records, emissions measurements and site checks. Inspections should take place regularly, on the basis of an appraisal of the environmental risk conducted by the competent authorities. Globally, methane emissions from the energy sector are approximately 70% greater than the sum of estimates submitted by national governments1a. For this reason, inspections should be carried out every year to ensure accurate measurement and reporting. In addition, inspections should be carried out to investigate substantiated complaints and occurrences of non-compliance and to ensure that repairs or replacements of components are carried out in accordance with this Regulation. Where they identify a serious breach of the requirements of this Regulation, competent authorities should issue a notice of remedial actions to be taken by the operator. Competent authorities should keep records of the inspections and the relevant information should be made available in accordance with Directive 2003/4/EC of the European Parliament and of the Council19 . _________________ 1a International Energy Agency. Global Methane Tracker: https://www.iea.org/reports/global- methane-tracker-2022/overview and Clean Air Task Force. EU Methane Report: Hundreds of methane sources found across Europe: https://www.catf.us/2021/12/eu-methane- report-2021/). 19 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003).
Amendment 92 #
Proposal for a regulation
Recital 14
Recital 14
(14) In light of the proximity of some methane emission sources to urban or residential areas, natural or legal persons harmed by breaches of this Regulati and their impact on health, environment and climate, natural or legal persons should be able to lodge duly substantiated complaints with the competent authorities. Complainants should be kept informed of the procedure and decisions taken and should receive a final decision within a reasonable time of lodging the complaint.
Amendment 96 #
Proposal for a regulation
Recital 15
Recital 15
(15) Global anthropogenic fossil methane emissions are underestimated by about 25 to 40 per cent1a. A robust verification framework can improve the credibility of reported data. In addition, the level of detail and technical complexity of methane emissions measurements requires proper verification of methane emissions data reported by operators and mine operators. While self- verification is possible, third party verification ensures greater independence and transparency. In addition, it allows for a harmonized set of competences and level of expertise that may not be available to all public entities. Verifiers should be accredited by accreditation bodies in accordance with Regulation (EC) 765/2008 of the European Parliament and of the Council20 . Independent accredited verifiers should thus ensure that emissions reports prepared by operators and mine operators are correct and in compliance with the requirements set out in this Regulation. They should review the data in the emissions reports to assess their reliability, credibility and accuracy against free and publicly available European or international standards developed by independent bodies and made applicable by the Commission. The Commission should thus be empowered to adopt delegated acts for the purpose of incorporating and setting out the applicability of such European or international standards. Verifiers are separate from competent authorities and should be independent from the operators and mine operators, who should provide them with all assistance necessary to enable or facilitate the performance of the verification activities, notably as regards access to the premises and the presentation of documentation or records. _________________ 1a Hmiel, et al., (2020) “Preindustrial 14CH4 indicates greater anthropogenic fossil CH4 emissions”, available at https://www.nature.com/articles/s41586- 020-1991-8 20 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008).
Amendment 100 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The IMEO should play a role in identifying super emitters with an early detection and warning system, and should assist Member States with the identification of emitting closed and abandoned coal mines, thereby reducing administrative burden.
Amendment 105 #
Proposal for a regulation
Recital 27
Recital 27
(27) The OGMP 2.0 framework has five levels of reporting. Source-level reporting begins at level 3, which is considered comparable with UNFCCC tier 3. It allows generic emission factors to be used. OGMP 2.0 level 4 reporting requires direct measurements of source-level methane emissions. It allows the use of specific emission factors. OGMP 2.0 level 5 reporting requires the addition of complementary site-level measurements. In addition, the OGMP 2.0 framework requires companies to report direct measurements of methane emissions within three years of joining OGMP 2.0 for operated assets and within five years for non-operated assets. Building on the approach taken in OGMP 2.0 with regard to source-level reporting and taking into account that a large number of Union companies had already signed up to OGMP 2.0 in 2021, Union operators should be required to deliver direct source-level measurements of their emissions within 124 months for operated assets and within 36 months for non- operating assets. In addition to source level quantification, site- level quantification allows assessment, verification and reconciliation of source- level estimates aggregated by site, thereby providing improved confidence in reported emissions. As in OGMP 2.0, this Regulation requires site-level measurements to reconcile source-level measurements.
Amendment 106 #
Proposal for a regulation
Recital 30
Recital 30
(30) WhileFlaring and venting of methane is typicallyare intentional, resulting from processes or activities and devices designed for that purpose, it can also be unintentional, as in the case of a malfunction.
Amendment 108 #
Proposal for a regulation
Recital 32
Recital 32
(32) More specifically, methane emissions from leaks are most commonly reduced by methane leak detection and repair (‘LDAR’) surveys, carried out to identify leaks and followed by repair of such leakand then repair leaks or replacement of leaking components. Operators should therefore conduct at least periodicmonthly LDAR surveys and these should also cover surveying of components that vent methane, to survey for unintentional venting of methanecheck for malfunctioning equipment.
Amendment 109 #
Proposal for a regulation
Recital 33
Recital 33
(33) For that purpose, a harmonised approach to ensure a level-playing field for all operators in the Union should be set up. That approach should include minimum requirements for LDAR surveys, while leaving an adequate degree of flexibility to Member States and operators. This is essential to allow innovation and the development of new components, LDAR technologies and methods, thus preventing the lock-in of technology, to the detriment of environmental protection. New technologies and detection methods continue to emerge and Member States should encourage innovation in this sector, so that the most leak-free, accurate and cost-effective components, LDAR technologies and methods can be adopted.
Amendment 111 #
Proposal for a regulation
Recital 34
Recital 34
(34) Obligations on LDAR surveys should reflect a number of good practices. LDAR surveys should be primarily aimed at finding and fixing leaks, rather than quantifying them, and those areliminating as quickly as possible leaks with a higher risk of leaks should be checked more freby repair or replacement of the leaking component, rather than queantlyifying them; the frequency of surveys should be guided not only by the need to repair or replace components from which methane is escaping above the methane emission threshold but also by operational considerations, taking into account risks to safety. Thus, where a higher risk to safety or higher risk of methane losses is identified, the competent authorities should be allowed to recommend a higher frequency of surveys for the relevant components, or recommend replacing components with a technology that is more leak tight, with a minimum requirement of monthly inspection for all sites; all leaks irrespective of size should be recorded and monitopaired, as small leaks can develop into larger ones; leak repairs should be followed by confirmation that they have been effective; in order to allow for future, more advanced components or methane emissions detecting technologies to be used, the size of methane loss at or above whminimum requirements for the deviche a repair is warranted should be specified, while allowing operators the choice of detection devicend methodology used for leak detection should be specified, based on their proven efficacy. Where appropriate, continuous monitoring may be used in the context of this Regulation.
Amendment 113 #
Proposal for a regulation
Recital 35
Recital 35
(35) Venting consists of the release of uncombusted methane into the atmosphere either intentionally from processes or activities or devices designed to do it, or unintentionally in the case of a malfunction. In light of its potent GHG emission effect, venting should be banned except in the case of emergencies, malfunction or during certain specific events where some venting is unavoidable. To ensure that operators do not use equipment designed to vent, technology standards should be adopted, by mandating the use of lower-emitting alternatives.
Amendment 114 #
Proposal for a regulation
Recital 36
Recital 36
(36) Flaring is the controlled combustion of methane for the purpose of disposal in a device designed for said combustion. When carried out during the normal production of oil or fossil gas and as a result of insufficient facilities or amenable geology to re-inject methane, utilise it on-site, or dispatch it to a market, it is considered routine flaring. Routine flaring should be banned. Flaring should only be permissible when it is the only alternative to venting and where venting is not prohibited, consequently, when no other choice is available, flaring should always be preferred to venting. However, according to the IEA1a, globally, 143 bcm of fossil gas was flared in 2021 – roughly equivalent to the total volume of natural gas imported into Germany, France and the Netherlands. This resulted in the direct release of 270 Mt of CO2 and nearly 8 Mt of methane (240 Mt CO2-eq). Venting is even more harmful to the environment than flaring as the released gas typically contains high-levels of methane, whereas flaring oxidises most methane into carbon dioxide. Reducing flaring and bringing this gas to market could offer relief to very tight gas markets and, in many cases, could do so faster than exploring new wells. _________________ 1a https://www.iea.org/reports/flaring- emissions - September 2022
Amendment 122 #
Proposal for a regulation
Recital 40
Recital 40
(40) Methane emissions from inactive oil and gas wells pose severe public health, safety and environmental risks in terms of air and groundwater pollution. Therefore, monitoring and reporting obligations should still apply and those wells and well sites should be reclaimed and remediated. In such cases, Member States should have a predominant role, in particular to establish an inventories and mitigation plans.
Amendment 128 #
Proposal for a regulation
Recital 51
Recital 51
(51) The Union is dependent on imports for 70% of its hard coal consumption, 97% of its oil consumption, and 90% of its fossil gas consumption. There is no precise knowledge on the magnitude, origin or nature of methane emissions linked to fossil energy consumed in the Union but occurring in third countries. IEA estimates that in 2020, methane emissions associated with imported oil and gas to the EU represented around 9,000 kilotonnes of methane1a. This compares to 1,033 kilotonnes of methane emissions from oil and gas estimated to have occurred in 2019 in the EU1b. While the share of total global man-made methane emissions emitted in Europe is estimated to be around 6%1c, the consumption of, and import dependency on, fossil fuels produced outside the EU hence adds significant levels of methane emissions that are incurred because of consumption within the EU. In particular, gas extracted through hydraulic fracturing (fracking) techniques or products derived therefrom, including Fracked Natural Gas Liquids (NGL) and Natural Gas Liquids (NGL) products, release large amounts of methane into the atmosphere. _________________ 1a Curtailing methane emissions from fossil fuel operations (2021), IEA: https://iea.blob.core.windows.net/assets/58 5b901a-e7d2-4bca-b477- e1baa14dde5c/CurtailingMethaneEmissio nsfromFossilFuelOperations.pdf in Commission SWD: https://eur- lex.europa.eu/LexUriServ/LexUriServ.do? uri=SWD:2021:0459:FIN:EN:PDF 1b EU 2021 GHG inventory (2019 data) in Commission SWD: https://eur- lex.europa.eu/LexUriServ/LexUriServ.do? uri=SWD:2021:0459:FIN:EN:PDF 1c Van Dingenen, R., Crippa, M., Janssens-Maenhout, G., Guizzardi, D. and Dentener, F., Global trends of methane emissions and their impacts on ozone concentrations, EUR 29394 EN, Publications Office of the European Union, Luxembourg, 2018, ISBN 978-92- 79-96550-0, doi:10.2760/820175, JRC113210 in Commission SWD: https://eur- lex.europa.eu/LexUriServ/LexUriServ.do? uri=SWD:2021:0459:FIN:EN:PDF
Amendment 132 #
Proposal for a regulation
Recital 52
Recital 52
(52) Global warming effects caused by methane emissions are cross-border. Although some fossil energy producing countries are beginning to act domestically to reduce methane emissions from their energy sectors, many exporters are not subject to any regulations in their respective domestic markets. Such operators need clear incentives to act on their methane emission, hence transparent information on methane emissmethane emissions monitoring and mitigations should be made availableconditional to keep or receive access to the EU markets.
Amendment 135 #
Proposal for a regulation
Recital 54
Recital 54
(54) As announced in the Communication on the EU Methane Strategy34 , the Union is committed to working in cooperation with its energy partners and other key fossil energy importing countries to tackle methane emissions globally. Energy diplomacy on methane emissions has already yielded important outcomes. In September 2021, the Union and the United States announced the Global Methane Pledge, which represents a political commitment to take voluntary action to contribute to a collective effort to reduce global methane emissions by 30% by 2030 (from 2020 levels), launched at the UN Climate Change Conference (COP 26) in November 2021 in Glasgow. Over one hundred countries have committed their support, representing nearly half of global anthropogenic methane emissions. The Global Methane Pledge includes a commitment to move towards using best available inventory methodologies to quantify methane emissions, with a particular focus on high emission sources. _________________ 34 COM(2020) 663 final
Amendment 137 #
Proposal for a regulation
Recital 57
Recital 57
(57) In parallel to continuing its successful diplomatic work to achieve such global commitments, the Union is further encouraging significant methane emissions abatement globally, and in particular in the countries supplying fossil energy to the Union, in particular by making methane monitoring and mitigation a condition of access to the EU energy market.
Amendment 143 #
(58) Therefore, importers of fossil energy to the Union should be required to provide Member States with information on measures related to measurement, reporting and mitigation of methane emissions undertaken by exporters, in particular the application of regulatory or voluntary measures to control their methane emissions, including measures such as leak detection and repair surveys or measures to control and restrict venting and flaring of methane. The levels of measurement and reporting set out in the information requirementsthe requirements set out in this Regulation should apply to the whole energy supply chain, up to the point of production, imports included. Importers of fossil energy to the Union should be required to provide Member States with information on the implementation of the requirements on monitoring, reporting and verification, leak detection and repair and limits to venting and flaring set out in this Regulation. The levels of measurement and reporting, leak detection and repair and limits to venting and flaring applied to importers correspond to the ones to be required from Union operators in this Regulation, as outlined in Recitals 24 to 26 and 46. The information on, Recitals 33 to 37 and 46. The measures to cmontrolitor and mitigate methane emissions isare not more burdensome than that required from Union operators.
Amendment 144 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58 a) Importers that demonstrate the implementation of measures throughout the supply chain deemed comparable in effectiveness to the requirements set out in this Regulation, or that provide guarantees of origin and transport in countries deemed to have regulatory equivalence, shall be eligible for derogation, as assessed and granted by the Commission with a view to ensuring trade law compatibility of such derogation.
Amendment 150 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for the accurate measurement, reporting and verification ofIn pursuit of the long-term temperature goal set out in point (a) of Article 2(1) of the Paris Agreement, this Regulation: (a) sets out a binding target of a 80% methane emissions inreduction from the energy sector in the Union, as well as the abatement of those emissions, including through leak detection and repair surveys and restrictions on venting and flaring. This Regulation also lays down rules on tools ensuring transparency of methane emissions from imports of fossil energy into the Union by 2030 compared to 2020 levels, (b) requires Member States to ensure the phase out of its fossil gas consumption by 2035 at the latest, in line with the energy efficiency first principle, the transition towards an energy efficient and fully renewables based economy and the Union net-zero greenhouse gas emissions objective, and (c) lays down rules for the accurate measurement, reporting and verification of methane emissions in the energy sector in the Union, as well as the abatement of those emissions, including through leak detection and repair surveys, repair obligations and restrictions on venting and flaring.
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) gas transmission, distribution, underground storage and liquiefied gas (LNG) tankers and terminals operating with fossil and/or renewable (bio-or synthetic) methane;
Amendment 169 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) petrochemicals.
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation applies equally to methane emissions occurring outside the Union in what relates to importer information requirements, to the methane transparency database and to the methane emitters monitoring toolalong the supply chain outside the Union.
Amendment 177 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Union binding methane emission reduction target 1. Member States shall collectively ensure that methane emissions from the energy sector in the Union are reduced by 80% by 2030 compared to the 2020 levels. 2. Each Member State shall set national targets to meet the binding overall Union target set in paragraph 1 of this Article as part of their integrated national energy and climate plans in accordance with Articles 3 to 5 and 9 to 14 of Regulation (EU)2018/1999. If, on the basis of the assessment of the first update of the integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999, the Commission concludes that the national contributions of the Member States are insufficient for the collective achievement of the binding overall Union target, it shall propose measures and exercise its powers at Union level in order to ensure the collective achievement of the target referred to in paragraph 1.
Amendment 179 #
Proposal for a regulation
Article 1 b (new)
Article 1 b (new)
Amendment 180 #
Proposal for a regulation
Article 1 c (new)
Article 1 c (new)
Article 1 c Placing on the market The placing on the market of gas extracted through hydraulic fracturing (fracking) techniques or products derived therefrom, including Fracked Natural Gas Liquids (NGL) and Natural Gas Liquids (NGL) products, shall be prohibited by 1 January 2025.
Amendment 181 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘methane emissions’ means all direct emissions occurring from all components that are potential sources of methane emissions, whether as a result of intentional or unintentional venting, incomplete combustion in flares or from other components and unintentional leaks;
Amendment 183 #
(1 a) ‘leak’ means any unintentional methane emission from a component;
Amendment 187 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) ‘component’ means a piece of equipment that has the potential to emit fugitive emissions of methane including but not limited to valves, connectors and flanges, open-ended lines, pressure release valves, their hatches, walls of vessels or pipes;
Amendment 214 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘'direct measurement’ means direct quantificationmeasurement of the methane emission at source-level with a methane measuring device with appropriate limit of detection that allows such a measurement;
Amendment 224 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘site-level methane emissions’ means all sources of emissions within an assetentire site;
Amendment 229 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘leak detection and repair survey’ means a survey to identify sources oftect and repair methane emissions, including leaks and other unintentional ventingmethane emissions;
Amendment 230 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘venting’ means the release of uncombusted methane into the atmosphere either intentionally from processes, activities or devices designed for such a purpose, or unintentionally in the case of a malfunction or geological constraints;
Amendment 242 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) ‘inactive well’ means an oil or gas well or well site, onshore or offshore, where operations for exploration or production have ceased for at least one year;. It does not include permanently plugged and abandoned wells.
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24 a (new)
Article 2 – paragraph 1 – point 24 a (new)
(24 a) ‘Permanently plugged and abandoned well’ means an oil or gas well or well site, onshore or offshore, which has been plugged and will not be re- entered, where all installations associated with the well have been removed and operations have been terminated and where adequate documentation to demonstrate that there are no methane emissions from that well or well site can be provided.
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point 39 a (new)
Article 2 – paragraph 1 – point 39 a (new)
(39 a) ‘coal mining equipment in closed or abandoned coal mine’ means any equipment that remains linked to the methane-bearing strata, including but not limited to gob vents and drainage pipes.
Amendment 283 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Operators and, mine operators and importers shall provide the competent authorities with all assistance necessary to enable or facilitate the performance of the tasks of the competent authorities referred to in this Regulation, notably as regards access to the premises and the presentation of documentation or records.
Amendment 287 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The competent authorities shall cooperate with each other and with the Commission and as necessary with authorities of third countries, in order to ensure compliance with this Regulation. The Commission mayshall set up a network of competent authorities to foster cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations.
Amendment 292 #
3 a. The competent authorities shall carry out regular checks to verify compliance of importers with Article [27.3 last subparagraph] by means of documentary check sand independent third-party verification, in conjunction with other methods and technologies at their disposal to verify alleged methane emissions.
Amendment 296 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The competent authorities shall carry out periodicyearly inspections to check the compliance of operators or mine operators with the requirements set out in this Regulation. The first inspection shall be completed by … [18 months after the date of entry into force of this Regulation] and by 30 June every year thereafter.
Amendment 300 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Where an inspection has identified a serious breach of the requirements of this Regulation, the competent authorities shall issue a notice of remedial actions to be undertaken by the operator or mine operator, with clear deadlines for these actions, as part of the report referred to in paragraph 5.
Amendment 306 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. After the firstThe period between inspections referred to in paragraph 1, the competent authorities shall draw up programmes for routine inspections. The period between inspectionsthis Article shall be based on an appraisal of the environmental risk and shall not exceed two year12 months. Where an inspection has identified a serious breach of the requirements of this Regulation, the subsequent inspection shall take place within one yearmaximum six month.
Amendment 313 #
Proposal for a regulation
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) to investigate substantiated complaints referred to in Article 7 and occurrences of non-compliance as soon as possible after the date the competent authorities become aware of such complaints or non-compliance and no later than 6 months after that date;
Amendment 326 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any natural or legal person which considers thamay lodge a written complaint wit has suffered injury as a resulth the competent authorities ofn a possible breach of the requirements of this Regulation by operators or mine operators, may lodge a written complaint with the competent authorities.
Amendment 333 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The complaints shall be duly substantiated and contain sufficient evidence of the alleged breach and of the injury resulting therefrom.
Amendment 345 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Verifiers shall assess the conformity of the emissions reports submitted to them by operators or, mine operators or importers in accordance with this Regulation. They shall assess the conformity of the reports with the requirements laid down in this Regulation and review all data sources and methodologies used in order to assess their reliability, credibility and accuracy, in particular the following points:
Amendment 350 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
In carrying out the verification activities referred to in paragraph 1, verifiers shall use free and publicly available European or international standards for methane emissions quantification as made applicable by the Commission in accordance with paragraph 5. Until such date where the applicability of those standards is determined by the Commission, verifiers shall use existing European or international standards for quantification and verification of greenhouse gas emissions. Where no European or international standards are available, operators, mine operators or importers shall provide information to the verifiers on the standards or methodologies used by the operators, mine operators or importers for the purpose of verification activities.
Amendment 361 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. The verification activities referred to in paragraphs 1 and 2 shall be aligned with current European or international standards and methodologies in order to limit the burden on operators, mine operators or importers and on competent authorities.
Amendment 363 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 3
Article 8 – paragraph 3 – subparagraph 3
Where the assessment concludes that the emissions report does not comply with the requirements of this Regulation, the verifiers shall inform the operator or, the mine operator or the importer thereof and the operator or, the mine operator or the importer shall submit a revised emissions report to the verifier without delay and no later than within two weeks.
Amendment 367 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Verifiers shall further provide an assessment of whether operators and mine operators have used compliance with the requirements of the Regulation to justify new investments or otherwise market their products as beneficial to the climate objectives or energy transition.
Amendment 368 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Operators and, mine operators and importers shall provide the verifiers with all the assistance necessary to enable or facilitate the performance of the verification activities, notably as regards access to the premises and the presentation of documentation or records.
Amendment 379 #
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
(e a) reporting of super-emitters with an early detection and warning system.
Amendment 380 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. The Commission shall seek the strengthening of the IMEO’s role as a science-based institution.
Amendment 382 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The International Methane Emissions Observatory shall assist the Commission and Member States with the identification of inactive wells under Article 18 and closed and abandoned mines under Article 25.
Amendment 394 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By … [12six months from the date of entry into force of this Regulation], operators shall submit a report to the competent authorities containing source- level methane emissions estimated using generic but source-specific emission factors for all sources.
Amendment 400 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. By … [2412 months from the date of entry into force of this Regulation], operators and undertakings established in the Union shall also submit a report to the competent authorities containing direct measurements of source-level methane emissions for operated and non-operated assets. Reporting at such level may involve the use of source- level measurement and sampling as the basis for establishing specific emission factors used for emissions estimation.
Amendment 416 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
By … [3624 months from the date of entry into force of this Regulation] and by 30 March every year thereafter, operators and undertakings established in the Union shall submit a report to the competent authorities containing updated direct measurements of source-level methane emissions for operated and non-operated assets referred to in paragraph 2, complemented by measurements of site- level methane emissions, thereby allowing assessment and verification of the source- level estimates aggregated by site.
Amendment 424 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Before submission to the competent authorities, operators and undertakings shall ensure that the reports set out in this paragraph are assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.
Amendment 438 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 444 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 473 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2
Article 12 – paragraph 6 – subparagraph 2
The Commission shall, by means of implementing acts, lay down a reporting template for the reports under paragraphs 2, 3, 4 and 53. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2). Until the adoption of the relevant implementing acts, operators and undertakings may use the technical guidance documents and reporting templates of the OGMP 2.0 for upstream and for mid and downstream operations.
Amendment 484 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. For site-level measurements referred to in paragraphs 3 and 5, appropriateved quantification technologies shall be used which can provide such measurements, ensuring reliance on the best available technologies.
Amendment 495 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. In the case of significant discrepancies betwthat the site-level measurement is higher than the source- level inventory to a statistically significant degreen, the emissions quantified usingoperator must provide documentation to reconcile the source- level methods and those resulting frominventory and site-level measurements, additional measurements shall be carried out within the same reporting periodnd update its source-level inventory to reflect higher site-level measurements.
Amendment 499 #
Proposal for a regulation
Article 12 – paragraph 8 a (new)
Article 12 – paragraph 8 a (new)
8 a. In the case that the site-level measurement is lower than the source- level inventory to a statistically significant degree, the operator must review the minimum detection limit (MDL) of the site-level measurement devices to confirm that it is sufficiently low to detect expected levels of emissions from individual equipment. If the MDL is not sufficiently low, the operator must remeasure with a device with a sufficiently low MDL within the same calendar year, and compare that result to the source-level inventory. If the MDL is determined to be adequate, the operator must provide documentation to justify the discrepancy.
Amendment 559 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every three months.
Amendment 565 #
3. In carrying out the monthly surveys, operators shall use emissions detection devices that allow detection of loss of methane from components of 500 parts per million or moreusing an optical imaging (OGI) device capable of imaging a methane emission of 17g/hour or, when OGI inspections cannot be performed, a volatile organic compound (VOC) instrument detector capable of detecting a concentration of 10 ppmv. Alternative methodology can be used if they can demonstrate to the competent authority at least similar detection effectiveness.
Amendment 590 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
Operators shall repair or replace all components found to be emitting 500 parts per million or more ofleaking methane.
Amendment 609 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3
Article 14 – paragraph 4 – subparagraph 3
Safety and technical considerations that do not allow immediate action, as referred to in the second subparagraph, shall be limited to taking into accountwhere: (a) there is a serious risk to safety tof personnel and or other humans in proximity, environmental impacts, concentration of methane loss, accessibility to component, availability of to the detected leak, (b) any adverse environmental impacts of taking action would be greater than the environmental benefits of taking action, (c) the relevant component is not accessible, and (d) a replacement of the component is not available. Environmental impact considerations may include instances whereby repair could lead to a higher level of methane emissions than in the absence of the repair.
Amendment 620 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 4
Article 14 – paragraph 4 – subparagraph 4
Where, due to one or more of the conditions in the third subparagraph is applying, a system shutdown is required before the repair or replacement can be undertaken, operators shall minimise the leak within one day of detection and shall repair the leak by the end of the next scheduled system shutdown or within a year, whichever is sooner.
Amendment 640 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Notwithstanding paragraph 2, operators shall re-survey components that were found to be emitting 500 parts per million or more of methane during any of the previous surveys as soon as possible after the repair carried out pursuant to paragraph 4, and no later than 15 days thereafter to ensure that the repair was successful.
Amendment 646 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
Amendment 652 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 3
Article 14 – paragraph 5 – subparagraph 3
Amendment 674 #
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Venting and flaring shall only be allowed in the following situationscase of an emergency and be strictly limited to the following situations only where venting and flaring cannot be completely eliminated:
Amendment 683 #
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
Amendment 688 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
Amendment 700 #
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Venting under point (b) of paragraph 2 shall include the following specific situations where venting cannot be completely eliminated:
Amendment 711 #
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
Amendment 766 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where venting is allowed pursuant to paragraphs 2 and 3, operators shall vent only where flaring is not technically feasible ordue to lack of flammability, inability to sustain a flame, or safety concerns, or when it risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 16, operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.
Amendment 781 #
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. By 12 months from the date of entry into force of this Regulation, operators shall utilise only zero-emitting pneumatic controllers and pumps.
Amendment 789 #
Proposal for a regulation
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5 b. Equipment that vents, for which there is an alternative that does not vent, shall be replaced by 31 December 2025 at the latest. The Commission shall be empowered to adopt a delegated act in accordance with Article 31 to supplement this Regulation by setting out technology standards for equipment that emit by design and implementing the replacement of equipment that vents and for which there is an alternative that does not vent.
Amendment 835 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Inactive wells and permanently plugged and abandoned wells
Amendment 836 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. By … [12six months from the date of entry into force of this Regulation], Member States shall establish and make publicly available an inventory of all inactive wells and permanently plugged and abandoned wells on their territory or under their jurisdiction, including at least the elements set out in Annex IV.
Amendment 841 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. By … [1812 months of the date of entry into force of this Regulation], equipment for measurement of methane emissions shall be installed on all inactivmeasurement of methane emissions to air and water as applicable shall be conducted on all inactive wells and permanently plugged and abandoned wells. Where the competent authorities are provided with reliable evidence that proves that there are no methane emissions from permanently plugged and abandoned wells within the last five years, the obligation for permanently plugged and abandoned wells set out in this paragraph shall not apply to those wells.
Amendment 848 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Reports containing the measurements referred to in paragraph 2 shall be submitted to the competent authorities by … [2418 months of the date of entry into force of this Regulation] and by 30 March every year thereafter and cover the last available calendar year. Before submission to the competent authorities, the reports set out in this paragraph shall be assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.
Amendment 851 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The competent authorities shall make the reports set out in this Article available to the public and the Commission, within three months from submission by operators and in accordance with Article 5(4).
Amendment 857 #
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1
Article 18 – paragraph 6 – subparagraph 1
By 18 months from the date of entry into force of this Regulation, Member States shall develop and implement a mitigation plan to remediate, reclaim and permanently plug inactive wells located in their territory, and implement it by 12 months after the first reports referred to in paragraph 3.
Amendment 873 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. For underground coal mines, mine operators shall perform continuous ventilation airsource level methane direct emissions measurement and quantification on all exhaust ventilation shafts used by the mine operator, using apparatus with a methane conc. Mine operators shall report to the competent authorities methane releases per ventrilation sensitivity threshold of at least 100 parts per millionhaft per year in kt of methane, using equipment resulting in a measurement accuracy with a tolerance of 0,5 kt/year of methane. They shall also take monthly sample-based measurements.
Amendment 877 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Drainage stations operators shall perform continuous direct measurements of volumtotal releases of vented and flared methane, regardless of the reasons for such venting and flaring activity.
Amendment 886 #
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 2
Article 20 – paragraph 4 – subparagraph 2
As regards continuous source level direct measurements referred to in paragraphs 1 and 2, where part of the measuring equipment is not operating for a period, readings taken during periods when the equipment was operating may be used to estimate data on a pro rata basis for the period that the equipment was not operating.
Amendment 889 #
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 3
Article 20 – paragraph 4 – subparagraph 3
The equipment used for continuous source level direct measurements referred to in paragraphs 1 and 2 shall operate for more than 90% of the period for which it is used to monitor an emission, excluding downtime taken for re-calibration.
Amendment 902 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Venting and flarFlaring with a destruction and removal efficiency below 99% and venting of methane from drainage stations shall be prohibited from [1 January 2025], except in the case of an emergency, a malfunction or where unavoidable and strictly necessary for maintenance. In such cases, drainage station operators shall vent only if flaring is not technically feasible or risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 23, drainage station operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.
Amendment 914 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. By … [three years from the date of entry into force of this Regulation] the Commission shall adopt a delegated act in accordance with Article 31 to supplement this Regulation by setting out restrictions on venting methane from ventilation shafts for coking coal minesVenting of methane through ventilation shafts in coking coal mines emitting more than 3 tonnes of methane/kilotonne of coal mined shall be prohibited from 1 January 2027.
Amendment 918 #
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
This Section applies to the following methane emissions from abandoned and closclosed and abandoned underground coal mines where coal production has been discontinued:
Amendment 927 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
Amendment 934 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
From … [18 months from the date of entry into force of this Regulation], measurement equipment shall be installed on all elements listed in point (v) of Part 1 of Annex VII for closed coal mines and abandoned coal mines where operations have ceased since … [50 years prior to the date of entry into force of this Regulation].
Amendment 936 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2 a (new)
Article 25 – paragraph 2 – subparagraph 2 a (new)
The equipment shall perform source level direct measurements taken in accordance with appropriate scientific standards and at least on an hourly basis from all elements listed in part 1(v) of Annex VII which were found to emit methane.
Amendment 939 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3
Article 25 – paragraph 2 – subparagraph 3
Amendment 956 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
On the basis of the inventory referred to in Article 25, Member States shall develop and implement a mitigation plan to address methane emissions from closed and abandoned coal mines.
Amendment 958 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The mitigation plan shall be submitted to competent authorities by … [3618 months from the date of entry into force of this Regulation] and include at least the elements set out in Part 4 of Annex VII.
Amendment 980 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. As of 1January 2025, importers of coal, oil and gas, or products derived therefrom shall ensure compliance with the requirements for the measurement, reporting and verification, leak detection and repair, and venting and flaring established in Chapter 3 and 4 of this Regulation or otherwise meet the requirements for derogations set out in paragraph 2b.
Amendment 981 #
Proposal for a regulation
Article 27 – paragraph 2 b (new)
Article 27 – paragraph 2 b (new)
2 b. Importers that demonstrate the implementation of measures deemed comparable in effectiveness or provide guarantees of origin from countries deemed to have regulatory equivalence shall be subject to a derogation from paragraphs 2a, in accordance with paragraph 2c.
Amendment 982 #
Proposal for a regulation
Article 27 – paragraph 2 c (new)
Article 27 – paragraph 2 c (new)
2 c. Where importers claim a derogation provided for in paragraph 2b, they shall notify the Commission and provide all required information.The Commission shall assess the applicability of a derogation taking into account: (a) the effectiveness of the measures or regulatory requirements compared to those applicable within the Union; (b) the accuracy of the data provided by importers;and (c) penalties for non-compliance and effectiveness of enforcement in the relevant jurisdictions where regulatory equivalence is sought.
Amendment 983 #
Proposal for a regulation
Article 27 – paragraph 2 d (new)
Article 27 – paragraph 2 d (new)
2 d. The Commission shall adopt a delegated act by 31 December 2023 in accordance with Article 31 to supplement this Regulation with the modalities and procedures for importers claiming a derogation and evidentiary and other requirements for demonstrating comparable in effectiveness and regulatory equivalence with respect to measurement, reporting and verification and mitigation of energy sector methane emissions.
Amendment 984 #
Proposal for a regulation
Article 27 – paragraph 2 e (new)
Article 27 – paragraph 2 e (new)
2 e. Member States shall ensure that importers who are placing on the market coal, oil and gas, or the products derived therefrom, comply with this Article within their territory and shall set out progressive penalties for infringements, including the suspension of the authorisation to place oil, gas and coal on the market as referred to in Article 30, taking into account the need for effective deterrence of breaches.
Amendment 986 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1
Article 27 – paragraph 3 – subparagraph 1
Amendment 992 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2
Article 27 – paragraph 3 – subparagraph 2
Where appropriate and based on the necessary evidence to secure full compliance with both the applicable international obligations of the Union, the Commission shall propose amendments to this Regulation to strengthen the requirements applicable to importers wiin particular its long-term temperature goal set out in point (a) of Article 2(1) of the Paris Agreement, as well as the the view to ensure a comparable level of effectiveness with respect to measurement, reporting and verification and mitigation of energy sector methane emissionargets referred to in Articles 1, 1aand 1b, the Commission shall propose amendments to this Article in accordance with Article 33 to strengthen the requirements applicable to importers.
Amendment 1001 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. By … [18 months after the date of entry into force of the Regulation] the Commission shall establish and maintain a methane transparency database containing the information submitted to it pursuant to Article 27 and Articles 12(11), 16(3), 18(4), 20(7), 23(2) and 25(5) and specifying countries, companies, and quantities of gas, coal and oil imported.
Amendment 1011 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The tool shall inform the Commission’s bilateral dialogues with respect to methane emissions policies and measures. Where the tool identifies a new major emission source, the Commission shall alert the relevant country with a view to promoting awareness and, if needed, shall offer technical support to ensure fast remedial actions.
Amendment 1017 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1 – introductory part
Article 30 – paragraph 2 – subparagraph 1 – introductory part
The penalties provided for must be effective, proportionate and dissuasive and mayshall include:
Amendment 1019 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1 – point a
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) fines proportionate to the environmental damage, impact on human safety and public health, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements and gradually increasing the level of such fines for repeated seriousor multiple infringements;
Amendment 1022 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1 – point b a (new)
Article 30 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) suspension of the authorisation to place oil, gas or coal to the market.
Amendment 1030 #
Proposal for a regulation
Article 30 – paragraph 3 – point l a (new)
Article 30 – paragraph 3 – point l a (new)
(l a) failure of importers to ensure monitoring and reporting, leak detection and repair, and respect the ban on routine venting and flaring, in accordance with Article 27.
Amendment 1042 #
Proposal for a regulation
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
5 a. By 12 months from the date of entry into force of this Regulation, the Commission shall, by means of implementing acts, adopt a fee on operators and mine operators for each tonne of methane emitted and set out the modalities for its collection. The revenue generated shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046, and shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration) to cover costs of implementation of this Regulation. The fee shall supplement the penalties from Member States applicable to infringements under paragraph 1. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2).
Amendment 1043 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8(5), 22(3) and 27(1)[list to be completed when all articles will be cleared] shall be conferred on the Commission for an indeterminate period of timefive years from … [the date of entry into force of the Regulation].
Amendment 1049 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall be assisted by the Climate Change Committee and the Energy Union Committee established by Article 44 of Regulation (EU) 2018/1999.
Amendment 1051 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. EBy 1 January 2026 and every fivthree years thereafter, the Commission shall submit a report on the evaluation of this Regulation to the European Parliament and to the Council and shall, if appropriate, submit legislative proposals to amend this Regulationreport to the European Parliament and to the Council on the evaluation of this Regulation. The Commission reports may be accompanied by legislative proposals where appropriate. The reports shall be made public.
Amendment 1057 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Amendment 1061 #
Proposal for a regulation
Annex I – paragraph 2 – point iii
Annex I – paragraph 2 – point iii
(iii) For components found to be emitting 500 parts per million or more of methane, indication of whether repair was undertaken during the LDAR survey and if not why, taking into account the requirements as regards what elements can be taken into account for a delayed repair, as per Article 14, paragraph 4.
Amendment 1067 #
Proposal for a regulation
Annex I – paragraph 2 – point iv
Annex I – paragraph 2 – point iv
(iv) For components found to be emitting 500 parts per million or more of methane, planned repair schedule indicating planned date of repair,
Amendment 1072 #
Proposal for a regulation
Annex I – paragraph 2 – point v
Annex I – paragraph 2 – point v
Amendment 1079 #
Proposal for a regulation
Annex I – paragraph 5 – point iii
Annex I – paragraph 5 – point iii
(iii) For components found to be emitting 500 parts per million or more of methane, results of monitoring after repair to check if repair was successful
Amendment 1084 #
Proposal for a regulation
Annex I – paragraph 5 – point iv
Annex I – paragraph 5 – point iv
Amendment 1092 #
Proposal for a regulation
Annex II – paragraph 1 – point v
Annex II – paragraph 1 – point v
(v) measured or estimated volume of vented or flared natural gasmethane;
Amendment 1095 #
Proposal for a regulation
Annex II – paragraph 1 – point v a (new)
Annex II – paragraph 1 – point v a (new)
(v a) flaring efficiency
Amendment 1103 #
Proposal for a regulation
Annex IV – paragraph 1 – introductory part
Annex IV – paragraph 1 – introductory part
1. Pursuant to Article 18, inventories of inactive wells and permanently plugged and abandoned wells must include at least the following information:
Amendment 1104 #
Proposal for a regulation
Annex IV – paragraph 1 – point ii
Annex IV – paragraph 1 – point ii
(ii) name, type and address of well or well site, specifying whether it is an inactive well or a permanently plugged and abandoned well;
Amendment 1105 #
Proposal for a regulation
Annex IV – paragraph 1 – point iv
Annex IV – paragraph 1 – point iv
(iv) results of any methane concentratemissions measurements to air and to water.
Amendment 1106 #
Proposal for a regulation
Annex IV – paragraph 1 a (new)
Annex IV – paragraph 1 a (new)
Pursuant to Article 18, with respect to permanently plugged and abandoned wells, inventories shall also include: (i) the last known measurements of methane emissions to air and water, if any; (ii) information showing that the relevant competent authority has attested that the well or well site in question fulfils the criteria set out in Article 2(24a); (iii) adequate documentation to demonstrate that there have been no methane emissions from that well or well site for at least the last five years.
Amendment 1107 #
Proposal for a regulation
Annex IV – paragraph 1 b (new)
Annex IV – paragraph 1 b (new)
Pursuant to Article 18, mitigation plans must include at least the following information: (i) the schedule of addressing each inactive well and temporarily plugged well, including the actions to be performed; (ii) name and address of the operator, owner or licensee of the inactive well or temporarily plugged well, where applicable; (iii) projected end date of all remediation, reclamation or plugging of inactive wells and temporarily plugged wells.
Amendment 1109 #
Proposal for a regulation
Annex VI – paragraph 1 – point iii
Annex VI – paragraph 1 – point iii
(iii) cause of the venting and/or flaring event; justification for using venting instead of flaring, if applicable;
Amendment 1110 #
Proposal for a regulation
Annex VI – paragraph 1 – point iv
Annex VI – paragraph 1 – point iv
(iv) tonnage of methane vented and flared (or an estimate if quantification is not possible).
Amendment 1116 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – introductory part
Annex VII – Part 1 – paragraph 1 – point v – introductory part
(v) results of methane concentrationsource level direct measurement at the following elementpoint emission sources:
Amendment 1128 #
Proposal for a regulation
Annex VII – Part 2 – paragraph 1 – point ii
Annex VII – Part 2 – paragraph 1 – point ii
(ii) measurements must be performed using an apparatus with a sensitivity threshold of at least 10.000 ppm, at the closest available distance to the measured emission sourceequipment resulting in a methane emissions measurement accuracy of at least 0,5 tonnes per year.
Amendment 1130 #
Proposal for a regulation
Annex VII – Part 3 – paragraph 1 – point iii – introductory part
Annex VII – Part 3 – paragraph 1 – point iii – introductory part
(iii) methane emissions from all elementpoint emission sources outlined in Article 25(3)Part 1 including:
Amendment 1131 #
Proposal for a regulation
Annex VII – Part 3 – paragraph 1 – point iii – point 1
Annex VII – Part 3 – paragraph 1 – point iii – point 1
1) type of elementpoint emission source
Amendment 1132 #
Proposal for a regulation
Annex VII – Part 3 – paragraph 1 – point iii – point 5
Annex VII – Part 3 – paragraph 1 – point iii – point 5
5) estimates of methane emissions from the elementpoint emission source.
Amendment 1133 #
Proposal for a regulation
Annex VII – Part 4 – paragraph 1 – point i
Annex VII – Part 4 – paragraph 1 – point i
(i) list of all elements covered in Article 25(3)point emission sources outlined in Part 1;
Amendment 1134 #
Proposal for a regulation
Annex VII – Part 4 – paragraph 1 – point ii
Annex VII – Part 4 – paragraph 1 – point ii
(ii) technical feasibility of mitigation of methane emissions from elements outlined in Article 25(3);ach point emission source
Amendment 1135 #
Proposal for a regulation
Annex VII – Part 4 – paragraph 1 – point iii
Annex VII – Part 4 – paragraph 1 – point iii
(iii) timeline of mitigation of methane emissions from elements outlined in Article 25(3).ach point emission sources outlined in Part 1;