BETA

Activities of Mick WALLACE related to 2021/0423(COD)

Plenary speeches (1)

Methane emissions reduction in the energy sector (debate)
2023/05/08
Dossiers: 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
2023/04/28
Committee: ENVIITRE
Dossiers: 2021/0423(COD)
Documents: PDF(425 KB) DOC(198 KB)
Authors: [{'name': 'Jutta PAULUS', 'mepid': 197466}, {'name': 'Pascal CANFIN', 'mepid': 96711}]

Amendments (92)

Amendment 49 #
Proposal for a regulation
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. Air pollution is the single biggest environmental health risk in Europe 1a, with ground-level ozone contributing to nearly 20 000 premature deaths every year 1b. Tackling methane emissions is therefore not only an environmental and climate priority but also necessary to protect the health of EU citizens. The amount of methane in the atmosphere globally has risen sharply over the last decade. _________________ 1a World Health Organization, Ambient air pollution: a global assessment of exposure and burden of disease, 2016. 1b European Environment Agency, Air quality in Europe – 2020 report, p. 7
2022/10/24
Committee: ENVIITRE
Amendment 56 #
Proposal for a regulation
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 measures on monitoring and reporting, leak detection and repair, and limits to venting and flaring as the energy sector.
2022/10/24
Committee: ENVIITRE
Amendment 57 #
Proposal for a regulation
Recital 4 b (new)
(4 b) According to the International Energy Agency, petrochemicals account for 14% and 8% of total primary demand for oil and fossil gas, respectively, and will become the world’s biggest driver of oil demand – ahead of trucks, aviation and shipping.1a _________________ 1a International Energy Agency. The Future of Petrochemicals: Towards More Sustainable Plastics and Fertilizers. Pages 11 and 27
2022/10/24
Committee: ENVIITRE
Amendment 59 #
Proposal for a regulation
Recital 4 c (new)
(4 c) Similar to pipelines, methane leakage also occurs during shipping of liquified natural gas.
2022/10/24
Committee: ENVIITRE
Amendment 61 #
Proposal for a regulation
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 achieGiven that level of GHG emission reductions, methane emissions from the energy sector should decrease by around 58% by 2030 compared to 2020. _________________ the International Energy Agency has found that methane emissions from the energy sector must be reduced by 75% by 2030 to stay within 1.5C1a, the Regulation should set a binding reduction objective of 75% by 2030. This will ensure that the objectives set in the European Climate Law are reached and capture the economic, environmental and social benefits of methane abatement. _________________ 1a International Energy Agency Net Zero by 2050 A Roadmap for the Global Energy Sector report 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).
2022/10/24
Committee: ENVIITRE
Amendment 67 #
Proposal for a regulation
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) terminals and ships, as well as to operating underground and surface coalmines, closed and abandoned underground coal mines, in the energy and petrochemical sectors.
2022/10/24
Committee: ENVIITRE
Amendment 68 #
Proposal for a regulation
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) terminals, as well as to operating underground and surface coalmines, closed and abandoned underground coal mines, and heavy industrial end users.
2022/10/24
Committee: ENVIITRE
Amendment 85 #
Proposal for a regulation
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. ITo limit underreporting and accurately grasp the scale of methane emissions, inspections should take place regularlyevery year, 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).
2022/10/24
Committee: ENVIITRE
Amendment 91 #
Proposal for a regulation
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 the environment and climate system, 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.
2022/10/24
Committee: ENVIITRE
Amendment 97 #
Proposal for a regulation
Recital 15
(15) 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. To ensure the accuracy of the data, verifiers may conduct unannounced site checks. 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. _________________ 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).
2022/10/24
Committee: ENVIITRE
Amendment 99 #
Proposal for a regulation
Recital 16 a (new)
(16 a) The most up to date data collected by the IMEO should be used by operators when identifying super-emitting events, with an early detection and warning system, and should be used by Member States when identifying inactive wells, and closed mines and abandoned coal mines. In addition, the most up to date data collected by the IMEO should be used by the Commission and Member States to monitor specific supply chains of gas into the Union, focusing on those where leakage exceeds 3% since as little as 3% leakage along the supply chain of gas can cancel out any climate benefit of gas compared to coal in power generation due to the higher global warming potential of methane;
2022/10/24
Committee: ENVIITRE
Amendment 103 #
Proposal for a regulation
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- operatinged 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. The Commission should define the ways measurements should be applied.
2022/10/24
Committee: ENVIITRE
Amendment 107 #
Proposal for a regulation
Recital 31 a (new)
(31 a) While measures to mitigate methane emissions associated with fossil fuels are essential, the clearest pathway to reduce methane emissions is by phasing out fossil gas. For this reason, Member States should therefore develop comprehensive plans to reach the objective of a phase-out by 2035. Such plans should be linked to the National Energy and Climate Plan (NECP) framework and, though focused on eliminating demand for methane, should seek to align national policies in other frameworks to prevent and unwind fossil gas lock-in.
2022/10/24
Committee: ENVIITRE
Amendment 110 #
Proposal for a regulation
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 areas with a higher risk of leaks should be checked more frequently; the frequency of surveys should be guided not only by the need to repair 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; the frequency of surveys should be monthly to ensure the highest efficiency; all leaks irrespective of size should be recorded and monitored, 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 methane emissions detecting technologies to be used, the size of methane loss at or above which a repair is warranted should not be specified, while allowing operators the choice of detection device. Where appropriate, continuous monitoring may be used in the context of this Regulation.
2022/10/24
Committee: ENVIITRE
Amendment 112 #
Proposal for a regulation
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. Venting by design at production sites is happening continuously and equipment that can be replaced by non-venting equipment should be replaced as a matter of urgency;
2022/10/24
Committee: ENVIITRE
Amendment 115 #
Proposal for a regulation
Recital 37
(37) Using flaring as an alternative to venting requires that flaring devices are efficient at combusting methane. For that reason, a combustion efficiency requirement should also be included for the cases in which flaring is admissible. Operators should therefore install all flare stacks with combustion devices with an auto-igniter or continuous pilot and a complete destruction removal efficiency for hydrocarbons. Use of pilot burners, which give more reliable ignition as they are not affected by wind, should also be required.
2022/10/24
Committee: ENVIITRE
Amendment 116 #
Proposal for a regulation
Recital 37 a (new)
(37 a) To ensure that operators do not use equipment designed to vent, technology standards should be adopted, by mandating the use of lower-emitting alternatives.
2022/10/24
Committee: ENVIITRE
Amendment 121 #
Proposal for a regulation
Recital 39 a (new)
(39 a) Super-emitting events can occur throughout the oil and fossil gas supply chain and can be either chronic, episodic or due to a malfunction. They have been observed in the world at many different scales and from different sites and can account for major methane emissions. To avoid the persistence of these events, operators should submit plans to the competent authorities to address them.
2022/10/24
Committee: ENVIITRE
Amendment 123 #
Proposal for a regulation
Recital 40
(40) Methane emissions from inactive oil and gas wells pose public health, safety and environmental risks. 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 within clear deadlines set by the Commission.
2022/10/24
Committee: ENVIITRE
Amendment 126 #
Proposal for a regulation
Recital 48
(48) Underground mines are either thermal or coking coal mines. Thermal coal is used primarily as an energy source and coking coal is used as a fuel and as a reactant in the process of steelmaking. Both coking coal and thermal coal mines should be subject to measuring, reporting and verification of methane emissions and methane mitigation measures.
2022/10/24
Committee: ENVIITRE
Amendment 131 #
Proposal for a regulation
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. , which contributes around 9000 kilotonnes of methane emissions each year1a _________________ 1a European Commission (2021). Impact Assessment Report Accompanying the Proposal for a Regulation of the European Parliament and of the Council on Methane Emissions Reduction in the Energy Sector. Page 6
2022/10/24
Committee: ENVIITRE
Amendment 133 #
Proposal for a regulation
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 emissions should be made available to the marketshe need for the Regulation to cover the whole supply chain.
2022/10/24
Committee: ENVIITRE
Amendment 138 #
Proposal for a regulation
Recital 57
(57) In parallel to continuing its successful diplomatic work to achieve such global commitments for significant methane reductions, the Union ishould further encouraginge significant methane emissions abatement globally, and in particular in the countries supplying fossil energy to the Union, by regulating imports.
2022/10/24
Committee: ENVIITRE
Amendment 139 #
Proposal for a regulation
Recital 57 a (new)
(57 a) The Union should examine the impact of its sanctions regime and in particular measures taken that impact energy sectors of certain countries and examine whether these restrict abatement actions, obstruct MRV and LDAR, or have other wider environmental impacts.
2022/10/24
Committee: ENVIITRE
Amendment 142 #
Proposal for a regulation
Recital 58
(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 requirements 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 measures to control methane emissions is not more burdensome than that required from Union operatorssubmitted to the same rules as producers within the EU on monitoring, reporting and verification, leak detection and repair and limits to venting and flaring.
2022/10/24
Committee: ENVIITRE
Amendment 145 #
Proposal for a regulation
Recital 59
(59) Member States should communicate that information to the Commission. On the basis of that information, the Union should set up and manage a transparency database for fossil energy imports into the Union, detailing whether the exporting companies have signed up to the OGMP for oil and gas companies and to the extent that it is set up, an equivalent, internationally or Union recognised standard for coal companies. Such information should demonstrate the degree of commitment of companies in exporting countries to measure, report and have verified their methane emissions according to tier 3 methods of UNFCCC reporting. Such a transparency database would serve as a source of information for the purchasing decisions of importers of fossil energy to the Union as well as for other stakeholders and the public. The transparency database should also reflect the effortmeasures undertaken by companies in the Union and companies exporting fossil energy to the Union to measure and report as well as reduce their methane emissions. It should also include information on the measurement, reporting and mitigation regulatory actions by countries where fossil energy is produced.
2022/10/24
Committee: ENVIITRE
Amendment 146 #
Proposal for a regulation
Recital 61
(61) In combination, the measures referred to in Recitals 58 to 60 should enhance transparency for buyers, enabling them to make informed sourcing decisions and improve the possibility of wider uptake of methand facilitate the examination of full compliance mwitigation solutions across the globeh EU regulation for imports. In addition, they should further incentivise international companies to sign up to international methane measurement and reporting standards such as OGMP or to adopt effective measurement, reporting and mitigation measures. These measures are designed as the basis for a stepwise approach to increase the level of stringency of the measures applicable to imports. The Commission should thus be empowered to amend or add to the reporting requirements of importers. Furthermore, the Commission should evaluate the implementation of those measures and, if it deems appropriate, submit proposals for review to impose more stringent measures on importers and to ensure a comparable level of effectiveness of measures applicable in third countries to monitor, report, verify and mitigate methane emissions. The evaluation should take into account the work undertaken by the IMEO, including the Methane Supply Index, the transparency database and the global methane emitter monitoring tool. Should the Commission find it appropriate to increase the level of stringency of the measures applicable to imports, it is of particular importance that the Commission carries out appropriate consultations during its preparatory work including consulting relevant third countries.
2022/10/24
Committee: ENVIITRE
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation 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 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.
2022/10/24
Committee: ENVIITRE
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules for the accurate measurement, reporting and verification of methane emissions in the energy and petrochemical sectors 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.
2022/10/24
Committee: ENVIITRE
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) gas transmission, distribution, underground storage and liquid gas (LNG) terminals operating with fossil and/or renewable (bio-or synthetic) methane, heavy industrial end users;
2022/10/24
Committee: ENVIITRE
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) gas transmission, distribution, underground storage and liquid gas (LNG) terminals and ships, operating with fossil and/or renewable (bio-or synthetic) methane;
2022/10/24
Committee: ENVIITRE
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
(c a) imported oil, gas and coal.
2022/10/24
Committee: ENVIITRE
Amendment 174 #
Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation applies 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 toolmonitoring, reporting and verification, leak detection and repair and limits to venting and flaring.
2022/10/24
Committee: ENVIITRE
Amendment 178 #
Proposal for a regulation
Article 3 a (new)
Article 3 a Emissions Reduction Target This Regulation sets out a binding Union target of a 75% methane emissions reduction from the energy sector by 2030 compared to 2020 levels in furtherance of the long-term temperature goal set out in Article 2(1), point (a) of the Paris Agreement and the climate-neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119.
2022/10/24
Committee: ENVIITRE
Amendment 264 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 a (new)
(41 a) ‘heavy industrial end users’ means a final consumer of fossil gas during the production of petrochemicals, steel or cement.
2022/10/24
Committee: ENVIITRE
Amendment 282 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
1 a. The competent authorities shall engage with operators and mine operators to prepare roadmaps with respective commitments to achieve the binding Union target set out in Article [3a]. The Commission shall monitor the development of the roadmaps and ensure their collective methane emission reductions are sufficient, and shall further facilitate dialogue and the sharing of best practices at the Union level.
2022/10/24
Committee: ENVIITRE
Amendment 284 #
Proposal for a regulation
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.
2022/10/24
Committee: ENVIITRE
Amendment 303 #
Proposal for a regulation
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, as part of the report referred to in paragraph 5.
2022/10/24
Committee: ENVIITRE
Amendment 307 #
Proposal for a regulation
Article 6 – paragraph 3
3. After the first inspection referred to in paragraph 1, the competent authorities shall draw up programmes for routine inspections. The period between inspections shall be based on an appraisal of the environmental risk and shall not exceed twoone years. Where an inspection has identified a serious breach of the requirements of this Regulation, the subsequent inspection shall take place within one yearsix months.
2022/10/24
Committee: ENVIITRE
Amendment 317 #
Proposal for a regulation
Article 6 – paragraph 6
6. Operators and mine operators shall take 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 authorities6 months of the release of this report.
2022/10/24
Committee: ENVIITRE
Amendment 324 #
Proposal for a regulation
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.
2022/10/24
Committee: ENVIITRE
Amendment 331 #
Proposal for a regulation
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.
2022/10/24
Committee: ENVIITRE
Amendment 346 #
Proposal for a regulation
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 this Regulation and review all data sources and methodologies used in order to assess their reliability, credibility and accuracy, in particular the following points:
2022/10/24
Committee: ENVIITRE
Amendment 358 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Verifiers may conduct unannounced site checks to determine the reliability, credibility and accuracy of the data sources and methodologies used.
2022/10/24
Committee: ENVIITRE
Amendment 366 #
Proposal for a regulation
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 importer shall submit a revised emissions report to the verifier without delay.
2022/10/24
Committee: ENVIITRE
Amendment 369 #
Proposal for a regulation
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.
2022/10/24
Committee: ENVIITRE
Amendment 375 #
Proposal for a regulation
Article 9 a (new)
Article 9 a Certification 1. By … [two years after the date of entry into force of the Regulation), the Commission shall adopt a delegated act in accordance with Article 31 to supplement this Regulation by establishing a certification framework to support compliance and enforcement. 2. The certification framework shall recognise certification schemes that can be relied upon to demonstrate compliance with this Regulation, and shall meet the requirements as established by the Commission, including: (a) regularly evaluate and verify compliance with relevant articles; (b) take appropriate action in the event of failure by an operator, mine operator or importer to comply with its obligations, including notification of competent authorities in the event of infringements; (c) have legal personality and be legally established within the Union; (d) have appropriate expertise and the capacity to exercise these functions; and; (e) ensure the absence of any conflict of interest in carrying out its functions. The Commission shall adopt a delegated act in accordance with Article 31 to supplement this Regulation with the modalities and procedures for claiming a derogation and the specific evidentiary and other requirements for demonstrating comparable ineffectiveness and regulatory equivalence. 3. The Commission shall establish and maintain a list of recognised certification schemes under this Regulation.
2022/10/24
Committee: ENVIITRE
Amendment 381 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
2 a. The Commission and Member States shall regularly monitor specific fossil gas supply chains into the EU, identifying those where leakage potentially exceeds 3%, using the most up to date data from the International Methane Emissions Observatory;
2022/10/24
Committee: ENVIITRE
Amendment 383 #
Proposal for a regulation
Article 11 – paragraph 1
This ChapterArticle 14, 15, 16 and 17 applies to the activities referred to in points (a), (b) and (d) in Article 1(2). Article 18 applies to the activities referreed to in points (a) and (b) of Article 1(2).
2022/10/24
Committee: ENVIITRE
Amendment 393 #
Proposal for a regulation
Article 12 – paragraph 1
1. By … [126 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.
2022/10/24
Committee: ENVIITRE
Amendment 403 #
Proposal for a regulation
Article 12 – paragraph 2
2. By … [124 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 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.
2022/10/24
Committee: ENVIITRE
Amendment 419 #
Proposal for a regulation
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 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.
2022/10/24
Committee: ENVIITRE
Amendment 430 #
Proposal for a regulation
Article 12 – paragraph 4
4. By … [36 months from the date of entry into force of this Regulation], undertakings established in the Union shall submit a report to the competent authorities containing direct measurements of source-level methane emissions for 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.deleted
2022/10/24
Committee: ENVIITRE
Amendment 448 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1
By … [48 months from the date of entry into force of this Regulation] and by 30 March every year thereafter, undertakings established in the Union shall submit a report to the competent authorities containing direct measurements of source-level methane emissions for non- operated assets as set out in paragraph 4, complemented by measurements of site- level methane emissions, thereby allowing assessment and verification of the source- level estimates aggregated by site.deleted
2022/10/24
Committee: ENVIITRE
Amendment 477 #
Proposal for a regulation
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).
2022/10/24
Committee: ENVIITRE
Amendment 483 #
Proposal for a regulation
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.
2022/10/24
Committee: ENVIITRE
Amendment 496 #
Proposal for a regulation
Article 12 – paragraph 8
8. In the case of significant discrepancies between the emissions quantified using source-level methods and those resulting from site-level measurement, additional measurements shall be carried out within the same reporting period. A discrepancy shall be considered significant if it is 10% or greater.
2022/10/24
Committee: ENVIITRE
Amendment 500 #
Proposal for a regulation
Article 12 – paragraph 9
9. Methane emissions measurements for gas infrastructure shall be conducted according to appropriate European (CEN) or international (ISO) standards for methane emissions quantification.deleted
2022/10/24
Committee: ENVIITRE
Amendment 506 #
Proposal for a regulation
Article 12 – paragraph 11 a (new)
11 a. By … [12 months 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 the instruments and methodologies for direct measurements of source-level methane emissions and measurements of site-level methane emissions referred to in paragraphs 3 and 5 as well as the additional measurements referred to in paragraph 6.
2022/10/24
Committee: ENVIITRE
Amendment 511 #
Proposal for a regulation
Article 13 – paragraph 1
Operators shall take all measures available to them to prevent and minimise methane emissions in their operations. This shall include a methane intensity target of well below 0.2%.
2022/10/24
Committee: ENVIITRE
Amendment 548 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every three months. occur at the following frequencies: (1) at least once every month, as required by this legislation, if using an optical gas imaging camera or any other device that has a similar state of the art detection limit (17g/hr); or (2) according to the frequencies set forth in an alternative fugitive emissions management program determined by the competent authority. Operators may use alternative fugitive emissions management programs, provided the operators can document to the competent authorities that such programs will reduce emissions as effectively as a program of monthly OGI inspections and approve its use in the context of the leak detection and repair programme referred to in paragraph 1 and in accordance with the elements set out in Part 1 of Annex I.
2022/10/24
Committee: ENVIITRE
Amendment 568 #
Proposal for a regulation
Article 14 – paragraph 3
3. In carrying out the surveys, operators shall use devices that allow detection of loss of methane from components of 500 parts per million or morebest available technologies.
2022/10/24
Committee: ENVIITRE
Amendment 584 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Operators shall repair or replace all components found to be emitting 500 parts per million or more of methaneleaking. As soon as the technology becomes commercially available, operators shall deploy continuous emissions monitoring.
2022/10/24
Committee: ENVIITRE
Amendment 633 #
Proposal for a regulation
Article 14 – paragraph 5
5. Notwithstanding paragraph 2, operators shall 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. Notwithstanding paragraph 2, operators shall survey components that were found to be emitting below 500 parts per million of methane, no later than three months after the emissions were detected, to check whether the size of loss of methane has changed. Where a higher risk to safety or a higher risk of methane losses is identified, the competent authorities may recommend that surveys of the relevant components take place more frequently.deleted
2022/10/24
Committee: ENVIITRE
Amendment 701 #
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
3. Venting and flaring under point (b) of paragraph 2 shall includebe limited to the following specific situations where venting or flaring, as applicable, cannot be completely eliminated:
2022/10/24
Committee: ENVIITRE
Amendment 712 #
Proposal for a regulation
Article 15 – paragraph 3 – point a
(a) during normal operations of certain componentspneumatic devices and dry gas seals, and pumps, compressors, atmospheric pressure storage tanks, or other components designed to vent, provided that the equipment meets all the specified equipment standards set out in accordance with paragraph 7 of this article, and it is properly maintained and regularly inspected to minimise methane losses;
2022/10/24
Committee: ENVIITRE
Amendment 718 #
Proposal for a regulation
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;
2022/10/24
Committee: ENVIITRE
Amendment 719 #
Proposal for a regulation
Article 15 – paragraph 3 – point d
(d) during loading out liquids from a storage tank or other low-pressure vessel to a transport vehicle in compliance with applicable standards, provided that the tank or vessel meets the standards set out in accordance with paragraph 7;
2022/10/24
Committee: ENVIITRE
Amendment 726 #
Proposal for a regulation
Article 15 – paragraph 3 – point e
(e) during repair and, maintenance and decommissioning, including blowing down and depressurizing equipment to perform repair and maintenance;
2022/10/24
Committee: ENVIITRE
Amendment 735 #
Proposal for a regulation
Article 15 – paragraph 3 – point k
(k) during pigging, blow-down to repair, decommissioning or purging a gathering pipeline for repair or maintenance, and only where the gas cannot be contained or redirected into an unaffected portion of the pipeline.
2022/10/24
Committee: ENVIITRE
Amendment 765 #
Proposal for a regulation
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 due to lack of flammability, inability to sustain a flame, or safety concerns, or when it or 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.
2022/10/24
Committee: ENVIITRE
Amendment 773 #
Proposal for a regulation
Article 15 – paragraph 5
5. Flaring shall only be allowed where either re-injection, utilisation on-site, gas processing, or dispatch of the methane to a market are not feasible for reasons other than economic considerations. 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 flaring instead of either re-injection, utilisation on- site or dispatch of the methane to a market.
2022/10/24
Committee: ENVIITRE
Amendment 783 #
Proposal for a regulation
Article 15 – paragraph 5 a (new)
5 a. Where a site is built, replaced or refurbished, in whole or in part, operators shall utilise only zero-emitting pneumatic controllers and pumps
2022/10/24
Committee: ENVIITRE
Amendment 792 #
Proposal for a regulation
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.
2022/10/24
Committee: ENVIITRE
Amendment 796 #
Proposal for a regulation
Article 15 – paragraph 5 c (new)
5 c. Equipment that can be replaced by non-venting equipment shall be replaced by the 31 December 2025 at the latest. The Commission shall adopt a delegated act to implement the replacement by the 31 December 2023.
2022/10/24
Committee: ENVIITRE
Amendment 823 #
Proposal for a regulation
Article 17 – paragraph 1
1. Where a facility is built, replaced or refurbished, or where new flare stacks or other combustion devices are installed, operators shall install onlyOperators shall install all flare stacks with combustion devices with an auto-igniter or continuous pilot and a complete destruction removal efficiency for hydrocarbons by …[18 months from the date of entry into force of this Regulation].
2022/10/24
Committee: ENVIITRE
Amendment 824 #
Proposal for a regulation
Article 17 – paragraph 2
2. Operators shall ensure that all flare stacks or other combustion devices comply with the requirements of paragraph 1 by … [12 months from the date of entry into force of this Regulation].deleted
2022/10/24
Committee: ENVIITRE
Amendment 833 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
3 a. 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 leak or emit by design.
2022/10/24
Committee: ENVIITRE
Amendment 834 #
Proposal for a regulation
Article 17 a (new)
Article 17 a Super emitting events 1. By … [12months from the date of entry into force of this Regulation], operators shall submit a programme to the competent authorities containing measures and protocols to detect and address super-emitting events, notably by using the latest data from the International Methane Emissions Observatory;
2022/10/24
Committee: ENVIITRE
Amendment 854 #
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1
Member States shall develop and implement a mitigation plan to remediate, reclaim and permanently plug inactive wells located in their territory remediate, reclaim and permanently plug inactive wells located in their territory by … [12 months from the date of entry into force of this Regulation] and implement it by … [24 months from the date of entry into force of this Regulation].
2022/10/24
Committee: ENVIITRE
Amendment 861 #
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1 a (new)
When identifying inactive wells, Member States shall undertake a robust and objective assessment based on the most up to date scientific findings, including data of the International Methane Emissions Observatory (IMEO).
2022/10/24
Committee: ENVIITRE
Amendment 863 #
Proposal for a regulation
Article 19 – paragraph 1
1. This Section applies to operating underground and surface coal mines, in the Union and to importers.
2022/10/24
Committee: ENVIITRE
Amendment 906 #
Proposal for a regulation
Article 22 – paragraph 2
2. Venting of methane through ventilation shafts in coal mines emitting more than 0.5 tonnes of methane/kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 2027.
2022/10/24
Committee: ENVIITRE
Amendment 925 #
1 a. When identifying closed mines and abandoned coal mines, Member States shall undertake a robust and objective assessment based on the most up to date scientific findings, including data of the International Methane Emissions Observatory (IMEO);
2022/10/24
Committee: ENVIITRE
Amendment 966 #
Proposal for a regulation
Article 27
1. By … [9 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 importing Member State. 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. 2. By … [12 months from the date of entry into force of the Regulation] and by 30 June every year thereafter, Member States shall submit to the Commission the information provided to them by importers. The Commission shall make the information available in accordance with Article 28. 3. By 31 December 2025, or earlier if the Commission considers that sufficient evidence is available, the Commission shall examine the application of this Article, considering in particular: (a) reporting of the available methane emissions data collected in the context of the global methane monitoring tool referred to in Article 29; (b) methane emission data analysis by the IMEO; (c) information on monitoring, reporting, verification and mitigation measures of operators located outside of the Union and from whom energy is imported into the Union; and (d) security of supply and the level playing field implications in case of possible additional obligations, including mandatory measures such as methane emission standards or targets, taking into account the oil, gas and coal sectors separately. Where appropriate and based on the necessary evidence to secure full compliance with the applicable international obligations of the Union, the Commission shall propose amendments to this Regulation to strengthen the requirements applicable to importers with the view to ensure a comparable level of effectiveness with respect to measurement, reporting and verification and mitigation of energy sector methane emissions.Article 27 deleted Importer requirements
2022/10/24
Committee: ENVIITRE
Amendment 999 #
Article 27 a Importers 1. Operators exporting oil and gas into the EU shall demonstrate that they: (a) monitor and report as set out in Article 12; (b) take all measures available to them to prevent and minimise methane emissions in their operations as set out Article 13; (c) apply a leak detection and repair programme as set out in Article 14; (d) apply limits to venting and flaring as set out in Article 15; (e) take all measures available to them to prevent and minimise methane emissions in their operation with a view to achieving a methane intensity target of well below 0.20%; 2. Importers of oil, gas and coal shall comply with the measures applicable to operators and mine operators set out in Chapters 3 and 4. 3. Importers that can prove alternative measures equal in effectiveness or operation in jurisdictions with regulatory equivalence shall be eligible for a derogation upon approval by the Commission. 4. The Commission shall adopt a delegated act in accordance with Article 31 to supplement this Regulation with the eligibility criteria, evidentiary requirements and modalities for a derogation under paragraph 2.
2022/10/24
Committee: ENVIITRE
Amendment 1007 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
4 a. No later than [12 months after the entry into force of the Regulation], the Commission shall publish a report assessing all available data to quantify emissions across individual supply chains for gas consumed in the Union, as a percentage of gas supplied, including for imports, from the point of production through consumption
2022/10/24
Committee: ENVIITRE
Amendment 1020 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) fines proportionate to the environmental damage, 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;
2022/10/24
Committee: ENVIITRE
Amendment 1021 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1 – point b
(b) periodic penalty payments to compel operators to put an end to an infringement, comply with a decision ordering remedial actions or corrective measures, supply information or submit to an inspection, as applicable.; and
2022/10/24
Committee: ENVIITRE
Amendment 1023 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) suspension of the authorisation to place oil, gas or coal on the market.
2022/10/24
Committee: ENVIITRE
Amendment 1029 #
Proposal for a regulation
Article 30 – paragraph 3 – point l
(l) failure of importers to provide the information required in accordance with Article 27 and Annex VIIIcomply with Chapters 3 and 4.
2022/10/24
Committee: ENVIITRE
Amendment 1058 #
Proposal for a regulation
Annex I – subheading 1 a (new)
2022/10/24
Committee: ENVIITRE