Activities of Günther SIDL related to 2021/0423(COD)
Shadow 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 (124)
Amendment 45 #
Proposal for a regulation
Recital 1
Recital 1
(1) Methane (CH4), the main component of naturafossil gas, is second only to carbon dioxide in its overall contribution to climate change and is responsible for approximately a third of current warming. The Intergovernmental Panel on Climate Change (IPCC) published in its Sixth Assessment Report (AR6) the finding that deep reductions in anthropogenic methane emissions are needed by 2030 to stay below 1.5 degrees Celsius.
Amendment 46 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 47 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) Methane emissions come from a wide range of sectors, namely agriculture, waste and energy, and that, once in the atmosphere, methane blends well with other gases, making it difficult to measure and report it; whereas uncertainty about methane emissions data is typically much greater compared to CO2 emissions when excluding forest and other land-use- related emissions; whereas recent studies have estimated that global anthropogenic fossil methane emissions are underestimated by about25 to 40 % 3a _________________ 3a Hmiel, B., Petrenko, V.V., Dyonisius, M.N. et al, ‘Preindustrial14CH4 indicates greater anthropogenic fossil CH4 emissions’, Nature, Vol. 578,2020, pp. 409-412, among others.)
Amendment 48 #
Proposal for a regulation
Recital 2
Recital 2
(2) On a molecular level, although methane remains in the atmosphere for a shorter period (10 to 12 years) than carbon dioxide (hundreds of years), its greenhouse effect on the climate is more significant 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. On a100-year timescale, methane has 29,8 times greater global warming potential than carbon dioxide and is 82,5 times more potent on a 20-year timescale. Methane emissions are therefore highly relevant to 2050 climate objectives. Therefore, in order to adequately capture the short-term climate forcing effects of methane, and thus accurately account for the climate impact, the use of a Global Warming Potential (GWP) value of methane over a 20-year time horizon(GWP20) is considered more appropriate than over a 100-year time. The amount of methane in the atmosphere globally has risen sharply over the last decade4a . _________________ 4a IPCC Sixth Assessment Report (AR6, Table 7.15 at https://www.ipcc.ch/report/ar6/wg1/downl oads/report/IPCC_AR6_WGI_FullReport. pdf.
Amendment 70 #
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 liquid fossil gas (LNG) ships and terminals, as well as to operating underground and surface coalmines, closed and abandoned underground coal mines.
Amendment 72 #
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 globe. According to latest studies, not 98 % but only 91,1 % of methane is converted to carbon dioxide during flaring, .
Amendment 73 #
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 and the protection of workers, including possible rules as regards, occupational exposure limits for methane gas, 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 globe.
Amendment 76 #
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, subject to efficiency principles. Investments should support and speed-up the environmental goals according to the Green Deal and are as well part of energy security to safeguard critical infrastructure. The required costs should not result in a disproportionate financial burden on end users and consumers. Vulnerable households should be protected from disproportionate financial burdens of the regulation. The application of the regulation should not lead to unproportional financial burden for consumers.
Amendment 78 #
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, subject to efficiency principles. The required costs should not result in a disproportionate financial burden on end users and consumers. The measures set should take into account the principle of cost efficiency. Vulnerable households should be protected from disproportionate financial burdens of the regulation.
Amendment 80 #
Proposal for a regulation
Recital 10
Recital 10
(10) Each Member State should appoint at least one competent authority to oversee that operators effectively comply with the obligations laid down in this Regulation and should notify the Commission about such appointment and any changes thereof. The competent authorities appointed should take all the necessary measures to ensure compliance with the requirements set out in this Regulation. Taking into account the cross-border character of energy sector operations and methane emissions, competent authorities should cooperate with each other and the Commission. In this context, the Commission and the competent authorities of the Member States should form together a network of public authorities applying this Regulation to foster close cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations. They should coordinate and publish at the website of the European Commission by 30 April of each year a consolidated activity report including recommendations for the previous calendar year.
Amendment 81 #
Proposal for a regulation
Recital 10
Recital 10
(10) Each Member State should appoint at least one competent authority to oversee that operators effectively comply with the obligations laid down in this Regulation and should notify the Commission about such appointment and any changes thereof. The competent authorities appointed should be provided with sufficient financial and human resources by the Member States and should take all the necessary measures to ensure compliance with the requirements set out in this Regulation. The competent authority should establish a contact point. Taking into account the cross-border character of energy sector operations and methane emissions, competent authorities should cooperate with each other and the Commission. In this context, the Commission and the competent authorities of the Member States should form together a network of public authorities applying this Regulation to foster close cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations.
Amendment 82 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure the performance of their tasks, operators should provide the competent authorities with all assistance necessary. In addition, operators should take all the necessary actions identified by the competent authorities within the period determined by the competent authorities or any other period agreed with the competent authorities. Member States should implement an early warning system to detect any possible delay of the implementation of the measures of this directive due to a shortage of skilled workers. To improve the necessary skills of the workforce a fund could be set up by the Member states. Any such delay should be counted as exemption with regard to the application of possible penalties for delays of the non-application of the measurements of the Regulation.
Amendment 84 #
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. Already established controlling mechanisms with the authorities should be taken into account. Best practice examples should be identified. 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 digital and non digital 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 . _________________ 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 86 #
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. 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 . _________________ 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 87 #
(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 Regulation should be able to lodge duly substantiated complaints with the competent authorities. In this context, the European Justice Portal should enable the submission of complaints and provide access to national authorities as well as information. 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 88 #
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 Regulation should be able to lodge duly substantiated complaints with the competent authorities. In this context, the European Justice Portal should enable the submission of complaints and provide access and information to national 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 101 #
Proposal for a regulation
Recital 24
Recital 24
(24) Against this background, it is necessary to improve the measurement and quality of reported data of methane emissions, including on the main sources of methane emissions associated with energy produced and consumed within the Union. Moreover, the availability of source-level data and robust quantification of emissions should be ensured, thereby increasing the reliability of reporting as well as the scope for appropriate measures for mitigation. Research activity to improve measurement technology should be promoted in EU's funding programmes such as Horizon Europe.
Amendment 125 #
Proposal for a regulation
Recital 44
Recital 44
(44) Once production is halted and a mine is closed or abandoned, it continues to release methane, referred to as abandoned mine methane (AMM). These emissions typically occur at well-defined point sources, such as ventilation shafts or pressure-relief vents. With increased climate ambition and shifting energy production to less carbon-intensive energy sources, AMM emissions are likely to increase in the Union. It is estimated that even 10 years after mining is ceased, methane from non-flooded mines continues to be emitted at levels attaining approximately 40% of emissions recorded at the time of closure25 . Moreover, treatment of AMM remains fragmented due to different ownership and exploitation rights across the EU. Member States should thus establish inventories of closed and abandoned coal assets and, either them or the identified responsible party, should be required to install devices for measurement of methane emissions. Best practice examples should be identified and integrated in possible guidelines for the treating of AAM. _________________ 25 (2020) N. Kholod et al Global methane emissions from coal mining to continue growing even with declining coal production, Journal of Cleaner Production, Volume 256, 120489
Amendment 134 #
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 and at European, national, regional and local level. 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 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. The European Commission should establish by 31 December 2025 a European Methane Reduction Roadmap including an impact assessment in order to reduce methane emissions by30 % by 2030 at EU and Member States level and to achieve methane neutrality by2050 at the latest for the EU energy, agriculture, waste and waste water sectorin line with the European Climate Law _________________ 34 COM(2020) 663 final
Amendment 136 #
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. As 75 to 90% of the methane emissions associated with the EU energy consumption are emitted outside of the EU borders, European Commission should make allfossil fuel imports into the Union conditional on their compliance with EU regulations on MRV and LDAR and the rules on venting and flaring, applicable to the entire fossil fuels supply chain, up to and including production. This should be taken into account when developing and discussing new energy import contracts.
Amendment 155 #
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 of methane emissions in the energy sector for all the fossil energy consumed 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 reductions and transparency of methane emissions from imports of fossil energy into the Union.
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) gas transmission, distribution, underground storage and liquified gas (LNG) ships and terminals operating with fossil and/or renewable (bio-or synthetic) methane;
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) petrochemicals.
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) production of petrochemicals , steel and cement;
Amendment 171 #
Proposal for a regulation
Article 1 – paragraph 2 – point c b (new)
Article 1 – paragraph 2 – point c b (new)
(c b) energy from waste production insofar methane emissions are involved;
Amendment 175 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation applies to methane emissions occurring outside the Union across the value chain and up to the point of production in line with the [corporate sustainability due diligence] in what relates to importer information requirements, to the methane transparency database and to the methane emitters monitoring tool.
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. 4 new This Regulation shall aim as part of the Global Methane Pledge, which represents a political commitment to reduce global methane emissions by 30% by 2030 (from 2020 levels), to reduce methane emissions. Therefore, the European Commission shall provide by 31 December 2025a European Methane Reduction Roadmap including an impact assessment in order to reduce methane emissions by a binding target of 30% by 2030 as well at EU and Member States level and to achieve methane neutrality by 2050 at the latest for the EU energy, agriculture, waste and waste water sector in line with the European Climate Law.
Amendment 182 #
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 186 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 a (new)
Article 2 – paragraph 1 – point 41 a (new)
(41 a) ‘leak’ means the release of gas from a compoment thatis abnormal or out of the limits of its design.
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 b (new)
Article 2 – paragraph 1 – point 41 b (new)
(41 b) ‘component’ means a piece of equipment that has the potential to emit fugitive emissions of methane or volatile organic compounds (VOC)including but not limited to a valve, fitting, flange, threaded-connection, process drain, stuffing box, pressure-vacuum, valve, pipe, seal fluid system, diaphragm, hatch, sight-glass, meter, open-ended line, continuous bleed and intermittent-vent fossil gas powered pneumatic device, fossil gas powered pneumatic pump, centrifugal compressor wet seal, or reciprocating compressor rod packing or seal, combustion devices and vapor recovery systems.
Amendment 208 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘emission factor’ means a coefficient that quantifies the emissions or removals of a gas per unit activity, which is often based on a sample of measurement data, averaged to develop a representative rate of emission for a given activity level under a given set of operating conditions;
Amendment 209 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘generic emission factor’ means a standardised emission factor for each type of emission source which is typically derived from inventories or databases, but in any case not verified through direct measurementsdirect measurement and used in inventories or databases, but based on direct measurements of a specific operator or facility;
Amendment 213 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘specific emission factor’ means an emission factor derived from direct measurements from a specific operator or facility;
Amendment 225 #
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 with the whole spectrum of suitable advanced technology and in the future developed innovative technology with a quantified minimum detection limit and confidence bound to identify sources of methane emissions, including leaks and unintentional venting;
Amendment 227 #
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 with an instrument, such as an optical gas imaging camera or other advanced technology and with a quantified minimum detection limit and confidence bound, to identify sources of methane emissions, including leaks and unintentional ventingmalfunction;
Amendment 232 #
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 236 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘routine flaring’ means flaring during the normal production of oil or fossil gas and in the absence of sufficient facilities or amenable geology to re-inject methane, utilise it on-site, process the gas, or dispatch it to a market;
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 c (new)
Article 2 – paragraph 1 – point 41 c (new)
(41 c) ‘polluter pays principle’ means as defined in Article 2 2 [amended Protection of the environment through criminal law
Amendment 268 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. When fixing or approving transmission or distribution tariffs or the methodologies to be used by transmission system operators, distribution system operators, LNG terminal operators or other regulated companies including where applicable underground gas storage operators, regulatory authorities shall take into account the costs incurred and investments made to comply with the obligations under this Regulation including the polluter pays principle, insofar as they correspond to those of an efficient and structurally comparable regulated operator.
Amendment 279 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the competent authorities have adequate powers and reestablish a contact point, have adequate powers and resources including human ressources to perform the obligations set out in this Regulation.
Amendment 298 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The competent authorities shall carry out periodic 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]. Already established controlling mechanisms with the authorities and best practice examples should be identified and taken into account when carrying out the inspection.
Amendment 299 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The competent authorities shall carry out periodic 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]. Already established controlling mechanisms with the authorities should be taken into account. Best practice examples should be identified.
Amendment 301 #
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 304 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. AfteWithin one month after the due date for the first inspection referred to in paragraph 1, theeach competent authoritiesy shall draw up a programmes for routine inspections. The period between inspections shall be based on an appraisal of the environmental risk, taking into account the cumulative climate impact of all methane emissions, and shall not exceed two years. Where an inspection has identified a serious breach of the requirements of this Regulation, the subsequent inspection shall take place within one6 months. Otherwise, each subsequent inspection shall take place within 2 years..
Amendment 312 #
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 such date;
Amendment 318 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Operators and mine operators shall take without delay all the necessary actions set out in the report referred to in paragraph 5 within the period determined by the competent authorities or any other period agreed with the competent authorities.
Amendment 319 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6 a. Operators and mine operators shall take all the necessary actions to ensure a high level of actions and reporting regarding the health and safety of workers.
Amendment 320 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any natural or legal person which considers that it has suffered injury as a result of a breach of the requirements of this Regulation by operators or mine operators, may lodge a written complaint with the competent authorities. In this context, the European Justice Portal should next to the competent authorities enable the submission of complaints and provide access to national authorities as well as information.
Amendment 321 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any natural or legal person which considers that it has suffered injury as a result of a breach of the requirements of this Regulation by operators or mine operators, may lodge a written complaint with the competent authorities. In this context, the European Justice Portal shall together with the competent authorities enable the submission of complaints and provide access and information to national authorities.
Amendment 325 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any natural or legal person which considers that it has suffered injury as a result of a breach of the requirements of this Regulation by operators or mine operatorsholds provisional evidence, may lodge a written complaint with the competent authorities.
Amendment 332 #
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 336 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where it becomes apparent that the complaint does not provide sufficient evidence to justify pursuing an investigation, the competent authorities shall inform the complainant ofwithin a reasonable time but no later than one month. the reasons for their decision not to pursue an investigation.
Amendment 338 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Without prejudice to the rules applicable pursuant to national law, the competent authorities shall keep the complainant informed of the steps taken in the procedure and, where applicable, inform them of appropriate alternative forms of redress, such as recourse to national courts or any other national or international complaints procedure. A progress report should be accessible at the European Justice Portal.
Amendment 339 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Without prejudice to the rules applicable pursuant to national law, the competent authorities shall keep the complainant informed of the steps taken in the procedure and, where applicable, inform them of appropriate alternative forms of redress, such as recourse to national courts or any other national or international complaints procedure. A progress report shall be accessible at the European Justice Portal.
Amendment 347 #
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 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 348 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) any quality control or quality assurance systems applied by the operators or, mine operators or importers.
Amendment 349 #
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 international or European standards are available, operators, mine operators and importers shall provide information to the verifiers on the standards or methodologies used by the operators, mine operators and importers, for the purpose of verification activities.
Amendment 359 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Verifiers may conduct announced site checks to determine the reliability, credibility and accuracy of the data sources and methodologies used.
Amendment 364 #
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 importer thereof and the operator or the, mine operator or importer shall submit a revised emissions report to the verifier without delay and no later than within a week. .
Amendment 370 #
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 376 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) aggregation of methane emissions data in accordance with appropriate statistical methods, notably on specific fossil gas supply chains into the Union to identify those where leakage potentially exceeds 3%;
Amendment 377 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) reporting of findings on major discrepancies between data sources, contributing to build more robust scientific methodologies.
Amendment 378 #
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
(e a) assistance to Member States with the identification andmonitoring of methane emissions from inactive wells and closed and abandoned underground coal mines
Amendment 392 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By … [12 months from the date of entry into force of this Regulation], ] and by 30 March every year thereafter, operators shall submit a report to the competent authorities containing direct measurements of source- level methane emissions estimated using generic but source-specific emission factors for all sourcesfor operated and non-operated assets, complemented by measurements of site-level methane emissions, thereby allowing assessment and verification of the source-level estimates aggregated by site.
Amendment 401 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. By … [24 months from the date of entry into force of this Regulation], operators shall also submit a report to the competent authorities containing direct measurements of source-level methane emissions for 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. Measurement must include appropriate quantification of episodic or periodic emission sources to allow accurate calculation of annual emission from these sources.
Amendment 417 #
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 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 of every site within their operation, thereby allowing assessment and verification of the source- level estimates aggregated by site.
Amendment 426 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
The samples used under paragraphs 2 and 3 shall be of adequate size and representative, including adequate representation of episodic or periodic emissions events. By the 31 December 2023, the Commission shall adopt a delegated act in accordance with Article 31 to supplement this Regulation by setting out the requirement for sampling methodology.
Amendment 429 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 b (new)
Article 12 – paragraph 3 – subparagraph 2 b (new)
The site-level measurement under paragraphs 2 and 3 shall take place every 6 months in the 2 years following the date of entry into force of this Regulation and every 3 months after that.
Amendment 437 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 441 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 446 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1
Article 12 – paragraph 5 – subparagraph 1
Amendment 455 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
Amendment 464 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point d
Article 12 – paragraph 6 – subparagraph 1 – point d
(d) all methane emissions for operated and non-operated assets;
Amendment 465 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point e
Article 12 – paragraph 6 – subparagraph 1 – point e
Amendment 470 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point f
Article 12 – paragraph 6 – subparagraph 1 – point f
Amendment 486 #
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7 a. In the case that the site-level measurement is higher than the source- level inventory to a statistically significant degree, the operator must provide documentation to reconcile the source- level inventory and site-level measurements, and update its source-level inventory to reflect higher site-level measurements.
Amendment 487 #
Proposal for a regulation
Article 12 – paragraph 7 b (new)
Article 12 – paragraph 7 b (new)
7 b. 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 507 #
Proposal for a regulation
Article 12 – paragraph 11 a (new)
Article 12 – paragraph 11 a (new)
11 a. Monitoring and reporting shall refer to the global warming potential (GWP), which is on a 100-year time scale 29,8 times greater than carbon dioxide and 82,5 times more potent on a 20-year time scale.
Amendment 508 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Operators shall take all measures available to them to prevent and minimise methane emissions in their operations. in order to reach, for oil and gas assets, a performance standard of 0.2% methane emissions intensity (ofoverall quantities of oil and gas imported into or extracted within the EU)within three years of the date of entry into force of this Regulation and in full respect of the European Climate Law.
Amendment 524 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
By … [3 months from the date of entry into force of this Regulation], operators shall submit a leak detection and repair programme to the competent authorities which shall detail the contents of the surveys to be carried out in accordance with the requirements in this Article to ensure environmental, economic and security benefits including for critical infrastructure.
Amendment 549 #
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 monthsmonth. Depending on the leakage susceptibility of the material the pipelines are made of, leak detection and repair surveys may be repeated every three months for lower risk infrastructure, as specified by the Commission. The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to supplement this Regulation by specifying the characteristics and standards for lower risk infrastructure.
Amendment 561 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 a (new)
Article 14 – paragraph 2 – subparagraph 2 a (new)
Alternative methodology which is demonstrated to the competent authority to reduce emissions at least as muchas the methodologies in point (a) and (b) at their prescribed frequencies. The alternative methodology may be applied ata different frequency than the default methodologies or may be effectively continuous..[---1] [-- -1]Note: In the alternative, this could be the subject of a delegated act and, in this way, ensure that the regulation is not stuck on particular technologies and otherwise allow for technical progress.
Amendment 571 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In carrying out the surveys, operators shall use devices that allow detectiat least one of loss of methane from components of 500 partthe following methodologies as sper million or more.cified:
Amendment 574 #
Proposal for a regulation
Article 14 – paragraph 3 – point b (new)
Article 14 – paragraph 3 – point b (new)
(b) devices with the whole spectrum of suitable advanced technology and in the future developed innovative technology with a quantified minimum detection limit and confidence bound. such as optical permanent or non-permanent gas imaging, satellite technology, sensor, technology, trucks drones or engineers calculation;
Amendment 576 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Monthly Optical Gas Imagining(OGI) inspections. By 31 December 2023 the Commission shall adopt a Delegated Act in accordance with Article 31 to establish the modalities of the OGI monthly inspections. Operators shall repair all components found to be emitting by OGI inspections, besides for the exceptions defined in paragraph 4.
Amendment 577 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Research capacities to develop more precise technology to detect methane leakage and to reduce deployment of human ressources and costs for the operators or the third party service provider shall be encouraged with financial incentives and the emphasis of current EU-research programmes such as Horizon Europe.
Amendment 578 #
Proposal for a regulation
Article 14 – paragraph 3 b (new)
Article 14 – paragraph 3 b (new)
3 b. If OGI inspections cannot be performed, monthly inspections with a volatile organic compound (VOC) instrument detector capable of detecting a concentration of 50 ppmv. For VOC instrument detector, any emissions causing readings over 500 ppmv must be repaired.
Amendment 591 #
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 of methane.
Amendment 605 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
The repair or replacement of the components referred to in the firstis subparagraph shall take place immediately after detection, or as soon as possible thereafter but no later than five days after detection, provided operators can demonstrate that safety or technical considerations do not allow immediate action and provided operators establish a repair and monitoring schedule.
Amendment 635 #
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 ofleaking 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. Competent authorities can consider the leaks repaired when an infra-red camera does not detect emissions or when an instrument does not detect a concentration of hydrocarbons above 500 ppm.
Amendment 648 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
Notwithstanding paragraph 2, operators shall survey components that were found to be emitting below 500 parts per million of methane17 gram per hour of methane, and were not repaired due to application of an exception listed in paragraph 4, no later than three months after the emissions were detected, to check whether the size of loss of methane has changed.
Amendment 662 #
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Within one month after each survey, operators shall submit a report with the results of the survey and asummarising the leaks that could not be repaired and the corresponding repair and monitoring schedule to the competent authorities of the Member State where the relevant assets are located. The report shall include at least the elements set out in Annex I.
Amendment 670 #
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Member States shall ensure that certification, accreditation schemes or equivalent qualification schemes, including suitable training programmes, and qualified instructors are available for service providers with respect to the surveys.
Amendment 673 #
Proposal for a regulation
Article 14 – paragraph 9 a (new)
Article 14 – paragraph 9 a (new)
9 a. Member States may consider non- compliance with this Article as an offence according to the Protection of the environment through criminal law.
Amendment 678 #
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 situations:
Amendment 705 #
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Venting and flaring under point (b) of paragraph 2 shall includebe limited to the following specific situations only where venting and flaring cannot be completely eliminated:
Amendment 717 #
Proposal for a regulation
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) during gauging or sampling a storage tank or other low-pressure vessel, provided that the tank or vessel meets the standards set out in accordance with paragraph 7;
Amendment 782 #
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. Where any site is built, replaced or refurbished, in whole or in part, operators shall utilise only zero-emitting pneumatic controllers and pumps.
Amendment 790 #
Proposal for a regulation
Article 15 – paragraph 5 c (new)
Article 15 – paragraph 5 c (new)
5 c. 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 may adopt a delegated act to implement the replacement by the 31 December 2023.
Amendment 793 #
Proposal for a regulation
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5 b. The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to supplement this Regulation by defining and setting out the applicability of standards for pneumatic devices and pumps, compressors, storage vessels, or other components designed to vent for the purposes of this Regulation.
Amendment 830 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Operators shall conduct continuous monitoring and at least weekly inspections of flare stacks in accordance with the elements set out in Annex III.
Amendment 847 #
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 856 #
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1
Article 18 – paragraph 6 – subparagraph 1
By [12 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 [24 months from the date of entry into force of this Regulation].
Amendment 970 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
By … [912 months from the date of entry into force of the Regulation] and by 31 December every year thereafter, importers shall provide the information set out in Annex VIII to the competent authorities of the impin Article 12(2) of this Regulation and by [24 months from the date of entry into force of the Regulation] the information required in Article 12(3) to the competent authoritinges of any Member State importing fossil gas.
Amendment 973 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to supplement this Regulation by amending or adding to the information to be provided by importers, to get a complete overview of the methane pollution levels of the imported gas, oil and coal and in line with the obligations regarding the value chain as set out in [corporate sustainability due diligence].
Amendment 987 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
By 31 December 2025, or earlier if the Commission considers that sufficient evidence is available, the Commission shall examine the application of this Articleissue a proposal for a legislative instrument establishing a performance standard of 0.2 % methane emissions intensity on allfossil gas and oil imports and a commensurate standard for coal imports, considering in particular:
Amendment 998 #
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Amendment 1005 #
Proposal for a regulation
Article 28 – paragraph 2 – point b – point ii a (new)
Article 28 – paragraph 2 – point b – point ii a (new)
(ii a) whether it has signed the Global Methane Pledge;
Amendment 1008 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
By … [two years after the date of entry into force of the Regulation], the Commission shall establish a global methane monitoring tool based on satellite data and input from several certified data providers and services, including the Copernicus component of the EU Space Programme and the European Environment Agency.
Amendment 1009 #
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 remedial actions. , if needed, shall offer technical support to ensure fast remedial actions. The alert shall be published and linked with follow-up actions on the European Commission website.
Amendment 1010 #
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 remedial actions. It shall offer technical support to ensure fast remedial actions when needed.
Amendment 1013 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented including the polluter pays principle.
Amendment 1014 #
Proposal for a regulation
Article 30 – paragraph 1 – point a (new)
Article 30 – paragraph 1 – point a (new)
(a) lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented.
Amendment 1015 #
Proposal for a regulation
Article 30 – paragraph 1 – point b (new)
Article 30 – paragraph 1 – point b (new)
(b) guarantee that national regulatory authorities (NRAs) have adequate access to methane emissions data, preferably direct unlimited access to all data reported to the IMEO or at least to all data referring to entities operating in their legal domain of responsibility. In providing such access, data must be traceable, trustworthy, attributable to pathways, flows, and entities, internationally consistent and timely.
Amendment 1033 #
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 limits on venting and flaring, in accordance with Article 27 (new).
Amendment 1040 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. Member States shall publish annually information on the type and the size of the penalties imposed under this Regulation and in line with the penalties as set out in the [amended Protection of the environment through criminal law], the infringements and the operators upon which penalties have been imposed.
Amendment 1054 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. A database with the the whole range of suitable advanced technology with a quantified minimum detection limit and confidence bound to identify sources of methane emissions, including leaks and unintentional venting should be created by the Commission until the 31. December 2024. This Database should basis and be extended to in the future developed innovative technology and updated and published annually.
Amendment 1055 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33 a 2a. A database with the the whole range of suitable advanced technology with a quantified minimum detection limit and confidence bound to identify sources of methane emissions, including leaks and unintentional venting should be created by the Commission until the 31. December 2024. This Database shall be extended to upcoming developed innovative technology and it shall be updated and published annually.
Amendment 1062 #
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 million17 gram per hour 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 1069 #
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 million17 gram per hour or more of methane, planned repair schedule indicating planned date of repair,
Amendment 1076 #
Proposal for a regulation
Annex I – paragraph 2 – point v
Annex I – paragraph 2 – point v
(v) For components found to be emitting less than 500 parts per million in previous LDAR survey, but found to be emitting 500 parts per million17 gram per hour or more of methane during post LDAR monitoring to check whether the size of loss of methane has evolved, indication whether repair was undertaken immediately and if not, why not (as per iii), and planned repair schedule indicating planned date of repair.
Amendment 1081 #
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 million17 gram per hour or more of methane, results of monitoring after repair to check if repair was successful
Amendment 1087 #
Proposal for a regulation
Annex I – paragraph 5 – point iv
Annex I – paragraph 5 – point iv
(iv) For components found to be emitting less than 500 parts per million17 gram per hour of methane, results of post LDAR monitoring to check whether the size of loss of methane has evolved and recommendation on the basis of finding.
Amendment 1148 #
Proposal for a regulation
Annex VIII – paragraph 2 – point vii a (new)
Annex VIII – paragraph 2 – point vii a (new)
(vii a) a reference to its own methane reduction action plan according to Article 15 of [corporate sustainability due diligence]