93 Amendments of Jens GEIER related to 2021/0423(COD)
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 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 102 #
Proposal for a regulation
Recital 25
Recital 25
(25) For measuring and reporting to be effective, oil and gas companies should be required to measure and report methane emissions by source, and via other comparable measurement methods to make aggregated data available to Member States in order for Member States to be able to improve the accuracy of their inventories reporting. In addition, effective verification of company reported data is necessary and, to minimise the administrative burden for operators, reporting should be organised on an annual basis.
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 141 #
Proposal for a regulation
Recital 58
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 orand 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. TheIn addition, methane emissions should already be reduced at the upstream and midstream level, outside the EU. Less methane emissions imply less financial loss for the operator through the loss of their product. Operators have a crucial role in reducing methane emissions and should be encouraged to implement technical solutions for the overall methane reduction. When setting up measure aimed at reducing methane emissions outside of the EU the Commission should examine possible effects on the security of supply in line with relevant legislative provisions, such as Regulation (EU)2017/1938 of the European Parliament and of the Council of 25 October 2017concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (Text with EEA relevance). 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 operators.
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 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 193 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 b (new)
Article 2 – paragraph 1 – point 41 b (new)
(41 b) ‘Site’ means an area restricted by physical or non-physical (functional) boundaries, containing oil, gas, and/or coal installations and equipment has or had specific operational functions such as pressure regulation/measurement station, compressor station etc.
Amendment 200 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘source’ means a component within a process or a geological structure that releases methane into the atmosphere whether intentionally or unintentionally, intermittently or persistently;
Amendment 211 #
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 with an appropriate method such as optical permanent or non- permanent gas Imaging, satellite technology, sensor technology based on measurement with a quantified minimum detection limit or engineering calculation;
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 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 258 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
(41) ‘importer’ means a natural or legal person established in the Union who, in the course of a commercial activity, places fossil energy from a third country on the Union market by means of a declaration for release for free circulation within the meaning of Regulation (EU) 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, or the person on whose behalf this declaration is made.
Amendment 265 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 a (new)
Article 2 – paragraph 1 – point 41 a (new)
(41 a) ‘Energetic utilization’ describes the use of mine gas for energy production;
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 267 #
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 Regulationtaking also into account the costs spent for qualification measurements for skilled workers, insofar as they correspond to those of an efficient and structurally comparable regulated operator.
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 274 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Every three years, the European Union Agency for the Cooperation of Energy Regulators (ACER) shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs linked to measurement, reporting and abatement of methane emissions for comparable projects and neccesssary qualification measurements.
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 286 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The competent authorities shall cooperate with each other and with the Commission and as necessary with authorities of third countries, in order to ensure compliance with this Regulation. The Commission mayshall set up a network of competent authorities to foster cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations.
Amendment 291 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The competent authorities shall cooperate with each other and with the Commission and as necessary with authorities of third countries, in order to ensure compliance with this Regulation. The Commission may set up a network of competent authorities to foster cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations. The contact points established within the competent authorities shall support these activities.
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 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 335 #
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. The damages to be considered shall be specified.
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 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 510 #
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. Measures shall not be taken where this would result in a net increase in direct and indirect greenhouse gas emissions as a result of implementing such measures.
Amendment 551 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every three months or less for surveys complemented by more frequently deployed advanced equipment and monitoring methods that allow detection ensuring no amount of significant methane emissions goes undetected and continue unabated.
Amendment 569 #
Proposal for a regulation
Article 14 – paragraph 3
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 more.one or more devices under point a, b, c
Amendment 573 #
Proposal for a regulation
Article 14 – paragraph 3 – point a (new)
Article 14 – paragraph 3 – point a (new)
(a) devices that allow detection of loss of methane from components of 500 parts per million or more;
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 575 #
Proposal for a regulation
Article 14 – paragraph 3 – point c (new)
Article 14 – paragraph 3 – point c (new)
(c) devices using the alternative methodology which is demonstrated to the competent authority to reduce emissions at least as much as the methodologies in point (a) at their prescribed frequencies. The alternative methodology may be applied at different frequencies than the default ones or may be effectively continuous.
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 608 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3
Article 14 – paragraph 4 – subparagraph 3
Safety and technical considerations that do not allow immediate action, as referred to in the second subparagraph, shall be limited to taking into account safety to personnel and humans in proximity, environmental impacts, concentration of methane loss, accessibility to component, availability of replacement of the component. It shall be possible to perform repair based on the availability of skilled workforce when a greater reduction in the total methane loss from a distribution grid can be achieved by repair measures elsewhere in the grid with the available personnel and technical capabilities. Environmental impact considerations may include instances whereby repair could lead to a higher level of methane emissions than in the absence of the repair.
Amendment 636 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
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. When continuous technologies are used, the repair is determined to be validated if no emissions are detected following the repair.
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 767 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Equipment that vent, for which an alternative that does not vent exists, shall be replaced with the latter within reasonable time but not less than one 5 years after the application of the regulation.
Amendment 928 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
Methane concentration measurements shall be taken in accordance with appropriate scientific standards and at least on an hourly basis from all elements listed in part 1(vi) of Annex VII which were found to emit methane. If measurements on specific emitting areas have shown no methane emissions for 5 consecutive years, an investigation can be conducted to determine under what circumstances further monitoring can be reduced or waived.
Amendment 940 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 4
Article 25 – paragraph 2 – subparagraph 4
The measurement equipment must operate for more than 90% of the period for which it is used to monitor the emissions, excluding downtime taken for re- calibration. The areas were safety-relevant degassing devices, e.g. vent hoods (Protegohaube) are operated may face exceptions in terms of quater annually intervals.
Amendment 945 #
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2
Article 25 – paragraph 3 – subparagraph 2
The reports shall cover the last available calendar year and include the elements set out in Part 3 of Annex VII. If a controlling mechanism with the authority is already successfully established it shall be taken into account its best practice examples.
Amendment 959 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Venting and flaring from equipment referred to in Article 25(2) shall be prohibited from 1 January 2030, unless utilisation or mitigation is not technically feasible or risks endangering environmental safety or safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 25, mine operators or Member States shall demonstrate the necessity to opt for venting or flaring instead of utilisation or mitigation. For closed coal mines:
Amendment 960 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2 a. Capturing methane by degassing shall be possible.
Amendment 961 #
Proposal for a regulation
Article 26 – paragraph 2 b (new)
Article 26 – paragraph 2 b (new)
2 b. The use of safety-relevant degassing devices, e.g. vent hoods (Protegohaube), may continued to be operated.
Amendment 962 #
Proposal for a regulation
Article 26 – paragraph 2 c (new)
Article 26 – paragraph 2 c (new)
2 c. The use of mine gas as an energy resource shall not be affected by the scope of application of the regulation.
Amendment 963 #
Proposal for a regulation
Article 26 – paragraph 2 d (new)
Article 26 – paragraph 2 d (new)
2 d. Impoundment of mine water to reduce methane emissions shall be allowed under the Regulation.
Amendment 971 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 a (new)
Article 27 – paragraph 1 – subparagraph 1 a (new)
Amendment 979 #
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 2
Article 27 – paragraph 2 – subparagraph 2
The Commission shall make the information available in accordance with Article 28 and inform the competent authorities.
Amendment 988 #
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 Article,stablish a performance standard of maximum methane emissions intensity on all fossil gas and oil imports considering in particular:
Amendment 989 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point d
Article 27 – paragraph 3 – subparagraph 1 – point d
(d) the security of supply and the level playing field implications in case of possible additional obligations, including mandatory measures such as methane emission standardssecurity of supply according to the current situation, and by taking into account the relevant legislative provisions such as Regulation (EU)2017/1938 of the European Parliament and orf targets, taking into account the oil, gas and coal sectors separately.he Council of 25 October 2017concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (Text with EEA relevance.);
Amendment 990 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point d a (new)
Article 27 – paragraph 3 – subparagraph 1 – point d a (new)
(d a) the technical level and possibilities of technological support;
Amendment 991 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point d b (new)
Article 27 – paragraph 3 – subparagraph 1 – point d b (new)
(d b) the level playing field implications in case of the additional obligations, including mandatory measures such as methane emission standards or targets, taking into account the oil, gas and coal sectors separately.
Amendment 1002 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. By … [18 months after the date of entry into force of the Regulation] the Commission shall establish and maintain a methane transparency database organised by countries, companies, and quantities of gas, coal and oil imported containing the information submitted to it pursuant to Article 27 and Articles 12(11), 16(3), 18(4), 20(7), 23(2) and 25(5).
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 1012 #
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.:
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 1016 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1 – introductory part
Article 30 – paragraph 2 – subparagraph 1 – introductory part
The penalties provided for must be effective, proportionate and dissuasive, EU-wide comparable and may include:
Amendment 1032 #
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 the ban on routine venting and flaring, in accordance with Article 27 bis;
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.