Texts adopted - Methane emissions reduction in the energy sector

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Document selected : A9-0162/2023
Texts tabled : A9-0162/2023		Debates : PV 08/05/2023 - 11 CRE 08/05/2023 - 11		Votes : PV 09/05/2023 - 9.8 CRE 09/05/2023 - 9.8 Explanations of votes PV 10/04/2024 - 21.15		Texts adopted : P9_TA(2023)0127 P9_TA(2024)0190

Texts adopted

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Tuesday, 9 May 2023 - Strasbourg

Methane emissions reduction in the energy sector

P9_TA(2023)0127

A9-0162/2023

Amendments(1) adopted by the European Parliament on 9 May 2023 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 (COM(2021)0805 – C9-0467/2021 – 2021/0423(COD))(2)

(Ordinary legislative procedure: first reading)

Text proposed by the Commission

Amendment

Amendment 1
Proposal for a regulation
Recital 1

(1) Methane, the main component of natural gas, is second only to carbon dioxide in its overall contribution to climate change and is responsible for approximately a third of current warming.

(1) Methane 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 the finding that deep reductions in anthropogenic methane emissions are needed by 2030 to stay below 1,5° C.

Amendment 2
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.

(2) Although methane has a shorter average atmospheric residence time (10 to 12 years) than carbon dioxide (hundreds of years), its greenhouse effect on the climate is over 80 times1a more significant than carbon dioxide (CO2) over a 20-year period. The amount of methane in the atmosphere globally has risen sharply over the last decade.

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1a According to IPCC, 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. IPCC Sixth Assessment Report (AR6, Table 7.15 at https://www.ipcc.ch/report/ar6/wg1/downloads/report/IPCC_AR6_WGI_FullReport.pdf)

Amendment 3
Proposal for a regulation
Recital 2 a (new)

(2a) Methane is a precursor gas for harmful ground-level ozone and contributes to air pollution, with ground-level ozone contributing to nearly 20 000 premature deaths every year1a. Tackling methane emissions will address not only environment and climate but also improve protection of the health in line with the One Health approach.

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1a European Environment Agency, Air quality in Europe – 2020 report, p. 7.

Amendment 4
Proposal for a regulation
Recital 3 a (new)

(3a) The resolution of the European Parliament of 21 October 2021 on an EU strategy to reduce methane emissions1a, calls on the Commission to analyse the implications for policies and measures of using a 20-year time horizon for global warming potential, as a complement to the 100-year timeframe currently used in accordance with the United Nations Framework Convention on Climate Change (UNFCCC) guidelines on greenhouse gas inventories. It further notes that more transparency about the short-term global warming implications of methane emissions would help to better inform Union climate policies and stresses that the use of such a complementary metric should by no means be used to delay necessary action to also drastically and rapidly reduce CO2 emissions.

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1a https://www.europarl.europa.eu/doceo/document/TA-9-2021-0436_EN.html - Spyraki report

Amendment 5
Proposal for a regulation
Recital 4

(4) According to the Union’s greenhouse gas (‘GHG’) inventories data, the energy sector is estimated to be responsible for 19% of methane emissions within the Union. This does not include methane emissions linked to the Union’s fossil energy consumption which are occurring outside the Union.

(4) According to the Union’s greenhouse gas (‘GHG’) inventories data, 53 % of anthropogenic methane emissions come from agriculture, 26 % from waste and the energy sector is estimated to be responsible for 19% of methane emissions within the Union. This does not include methane emissions linked to the Union’s fossil energy consumption which are occurring outside the Union. The Union is the world’s largest importer of fossil gas, thus the Union is an important driver of global methane emissions.

Amendment 6
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. 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 and also established a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55% below 1990 levels by 2030. To achieve that level of GHG emission reductions, methane emissions from the energy sector should decrease by around 58% by 2030 compared to 2020.

(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. 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 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. The Commission indicates in its accompanying impact assessment to this Regulation that 77% of total projected methane emissions over and above the baseline can be abated in 2030 at less than the sum of the social and environmental benefits15a This will contribute positively to limiting global warming to 1.5°C and would allow the Union to effectively take the lead in fighting methane emissions and strengthening energy security.

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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).

15a https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2021:0459:FIN:EN:PDF (p. 67)

Amendment 7
Proposal for a regulation
Recital 6

(6) Methane emissions are included in the scope of the Union greenhouse gas reduction targets for 2030 set out in the European Climate Law and the binding national emission reduction targets under Regulation (EU) 2018/84216 . However, there is currently no Union level legal framework setting out specific measures for the reduction of anthropogenic methane emissions in the energy sector. In addition, whilst Directive 2010/7517 on industrial emissions covers methane emissions from the refining of mineral oil and gas, it does not cover other activities in the energy sector.

(6) Methane emissions come from a wide range of sectors, including agriculture, waste, waste water and energy. Methane emissions are included in the scope of the Union greenhouse gas reduction targets for 2030 set out in the European Climate Law and the binding national emission reduction targets under Regulation (EU) 2018/84216. However, there is currently no Union level legal framework setting out specific targets and measures covering all sectors for the reduction of anthropogenic methane emissions leading to a significant reduction of methane emissions in the Union by 2030, in line with the Paris Agreement. In addition, whilst Directive 2010/7517 on industrial emissions covers methane emissions from the refining of mineral oil and gas, it does not cover other activities in the energy sector.

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16 Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018).

17 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010).

Amendment 8
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.

(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 liquefied fossil gas (LNG) terminals, as well as to petrochemicals, operating underground and surface coalmines, closed and abandoned underground coal mines.

Amendment 9
Proposal for a regulation
Recital 7 a (new)

(7a) Given that upstream exploration and production, oil and fossil gas gathering and processing also yield naphtha and natural gas liquids for use in the petrochemical sector and result 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 similar to those in the energy sector.

Amendment 10
Proposal for a regulation
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.

(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, while ensuring the protection of workers from methane emissions, should be addressed by an appropriate Union legal framework. The rules laid down in this Regulation should enhance transparency with regard to fossil energy imports into the Union and lead towards wider uptake of methane emissions mitigation solutions across the globe.

Amendment 11
Proposal for a regulation
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.

(9) Compliance with the obligations under this Regulation is likely to require investments by regulated operators and the additional costs associated with such investments should be taken into account in tariff setting, subject to efficiency principles. According to the International Energy Agency (IEA), methane abatement measures are very cost-effective in the oil and gas sectors, particularly given the increased market prices for gas, and necessary investments for such measures would be limited, with a short payback period1a. The necessary costs should not result in a disproportionate financial burden on end users and consumers. Costs associated with investments in above zero net costs methane emission reduction measures should therefore be taken into account in tariff setting. Vulnerable households should be protected from disproportionate financial burdens of this Regulation. Appropriate measures taken by the operators to prevent and minimise methane emissions should be those in which the resulting societal impact of the emission is larger than the societal impact of the mitigation measure.

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1a https://www.iea.org/reports/global-methane-tracker-2023 - February 2023

Amendment 12
Proposal for a regulation
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.

(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 State and should take all the necessary measures to ensure compliance with 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 13
Proposal for a regulation
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 regularly monitor the situation of the sector to detect any possible delay in the application of this Regulation due to a shortage of skilled workers and technologies.

Amendment 14
Proposal for a regulation
Recital 12 a (new)

(12a) According to Regulation (EC) No 1367/2006 of the European Parliament and of the Council1a and Directive 2003/4/EC of the European Parliament and of the Council 1b emissions into the environment are environmental information. Any grounds for refusal of information by the authorities of the Member States or Union institutions, bodies, offices or agencies regards access to information are therefore to be interpreted in a restrictive way, taking into account the public interest served by disclosure and whether the information requested relates to emissions into the environment.

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1a Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Union institutions and bodies (OJ L 264, 25.9.2006, p. 13).

1b 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, p. 26).

Amendment 15
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. 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 .

(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 available to the competent authorities should be taken into account. Best practice examples should be identified 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 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 .

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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 16
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 Regulation 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.

(14) In light of the proximity of some methane emission sources to urban or residential areas and their impact on health, environment and climate, natural or legal persons should be able to lodge duly substantiated complaints with the competent authorities of possible breaches of this Regulation. In this context, the European Justice Portal should enable the submission of complaints and provide access to competent 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 17
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. 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.

(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. The verification activities should be conducted in line with current European or international standards and methodologies and taking due account of the nature of the operator's activities. The verifiers 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 should conduct announced and 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.

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20 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008).

Amendment 18
Proposal for a regulation
Recital 16

(16) The information in the emission reports submitted to the competent authorities should be provided to the Commission in view of a verification role to be attributed to the International Methane Emissions Observatory (IMEO), in particular with regards to methodologies for data aggregation and analysis and verification of methodologies and statistical processes employed by companies to quantify their emissions reported data. The reference criteria in that respect may include the OGMP standards and guidance documents. The information produced by the IMEO should be made available to the public and the Commission should use such information to address any identified shortcomings with regards to the measurement, reporting and verification of methane emissions data.

(16) In performing their obligations and exercising their powers under this Regulation, verifiers, the competent authorities and the Commission should consider the information made available internationally, for example by the International Methane Emissions Observatory (IMEO), in particular with regards to methodologies for data aggregation and analysis and verification of methodologies and statistical processes employed by operators and mine operators to quantify their emissions reported data. The reference criteria in that respect may include the Oil and Gas Methane Partnership (OGMP) reporting framework, templates and guidance documents.

Amendment 19
Proposal for a regulation
Recital 17

(17) The IMEO was set up in October 2020 by the Union in partnership with the United Nations Environmental Programme, the Climate and Clean Air Coalition and the International Energy Agency, and launched at the G20 Summit in October 2021. The IMEO has been tasked with collecting, reconciling, verifying and publishing anthropogenic methane emissions data at a global level. The IMEO is part of the United Nations Environment Programme, which concluded a Memorandum of Understanding with the European Union. Its role is crucial for verification of methane emissions data in the energy sector and appropriate relations should be established in order to put into effect the entrustment of verification tasks. As the IMEO is not a Union body and is not subject to Union law, it is essential to provide that IMEO takes appropriate measures to ensure the protection of the interests of the Union and its Member States.

Amendment 20
Proposal for a regulation
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 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.

(25) For quantification and reporting to be effective, oil and gas companies should be required to quantify and report methane emissions by source, and 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 21
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 24 months for operated assets and within 36 months for non-operating assets. In addition to source level quantification, site-level quantification allows assessment, verification and reconciliation of source-level estimates aggregated by site, thereby providing improved confidence in reported emissions. As in OGMP 2.0, this Regulation requires site-level measurements to reconcile source-level measurements.

(27) The latest 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 12 months for operated assets and within 24 months for non-operating assets. In addition to source level quantification, site-level quantification allows assessment, verification and reconciliation of source-level estimates aggregated by site, thereby providing improved confidence in reported emissions. As in OGMP 2.0, this Regulation requires site-level measurements to reconcile source-level quantification.

Amendment 22
Proposal for a regulation
Recital 30

(30) While venting of methane is typically intentional, resulting from processes or activities and devices designed for that purpose, it can also be unintentional, as in the case of a malfunction.

(30) Flaring and venting of methane are intentional, resulting from processes or activities and devices designed for that purpose.

Amendment 23
Proposal for a regulation
Recital 31 a (new)

(31a) The member companies of Oil and Gas Climate Initiative (OGCI), including many with headquarters in Europe, have committed to lower methane intensity to 0,2% by 2025 and have begun deploying mitigation efforts. The OGCI member companies met their initial 2025 upstream methane intensity level already in 2020 and reached 0,17% in 2021. Several major European producers report to have reached a methane intensity for its upstream and midstream intensity level well-below the level. The Commission should therefore study the possibility of introducing an ambitious upstream methane emission intensity performance standard at below or equal to 0,2% and come up with a metric and provisions to implement the appropriate performance standard.

Amendment 24
Proposal for a regulation
Recital 32

(32) More specifically, methane emissions from leaks are most commonly reduced by methane leak detection and repair (‘LDAR’) surveys, carried out to identify leaks and followed by repair of such leaks. Operators should therefore conduct at least periodic LDAR surveys and these should also cover surveying of components that vent methane, to survey for unintentional venting of methane.

(32) More specifically, methane emissions from leaks are most commonly reduced by methane leak detection and repair (‘LDAR’) surveys, carried out to identify and then repair leaks or replacement of leaking components. Operators should therefore conduct at least periodic LDAR surveys and these should also cover surveying of components that vent methane, to check for malfunctioning equipment.

Amendment 25
Proposal for a regulation
Recital 33

(33) For that purpose, a harmonised approach to ensure a level-playing field for all operators in the Union should be set up. That approach should include minimum requirements for LDAR surveys, while leaving an adequate degree of flexibility to Member States and operators. This is essential to allow innovation and the development of new LDAR technologies and methods, thus preventing the lock-in of technology, to the detriment of environmental protection. New technologies and detection methods continue to emerge and Member States should encourage innovation in this sector, so that the most accurate and cost-effective methods can be adopted.

(33) For that purpose, a harmonised approach to ensure a level-playing field for all operators in the Union should be set up. That approach should include minimum requirements for LDAR surveys, while leaving an adequate degree of flexibility to Member States and operators. This is essential to allow innovation and the development of new components, LDAR technologies and methods, thus preventing the lock-in of technology, to the detriment of environmental protection. New technologies and detection methods continue to emerge and Member States should encourage innovation in this sector, so that the most leak-free, accurate and cost-effective components, LDAR technologies and methods can be adopted.

Amendment 26
Proposal for a regulation
Recital 33 a (new)

(33a) A harmonised approach benefits from standardised specifications to identify or detect methane releases using different instruments and technologies and which may be based or set by means of European standards or, in the absence of such standards, international standards. In the absence of suitable European standards, the Commission should consider requesting the relevant European standardisation organisations to adopt such standards in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council. The Commission should thus be empowered to adopt delegated acts for the purpose of establishing such specifications.

Amendment 27
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; 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 be specified, while allowing operators the choice of detection device. Where appropriate, continuous monitoring may be used in the context of this Regulation.

(34) Obligations on LDAR surveys should reflect a number of good practices. LDAR surveys should be primarily aimed at finding and eliminating as quickly as possible leaks by repair or replacement of the leaking component, rather than quantifying them; the frequency of surveys should be guided by the need to repair or replace components with a technology that is more leak tight; all leaks irrespective of size should be repaired, as small leaks can develop into larger ones; leak repairs should be followed by confirmation that they have been effective; in order to allow for future, more advanced components or methane emissions detecting technologies to be used, the minimum requirements for the device and methodology used for leak detection should be specified, based on their proven efficacy.

Amendment 28
Proposal for a regulation
Recital 34 a (new)

(34a) Many leaks today are due to old technologies and poor maintenance. Those technologies should be rapidly replaced by new innovative solutions. The leak detection and repair programme should therefore outline how the operator intends to map components which are at a high risk of methane leaks and set out how it intends to replace all of these components with new innovative technologies that ensure long-term protection against future leaks.

Amendment 29
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.

(35) Venting consists of the release of uncombusted methane into the atmosphere intentionally from processes or activities or devices designed to do it. In light of its potent GHG emission effect, venting should be banned except in the case of emergencies, malfunction or during certain specific events where some venting is unavoidable. To ensure that operators do not use equipment designed to vent, technology standards should be adopted that allow for the use of zero-emitting alternatives.

Amendment 30
Proposal for a regulation
Recital 36

(36) Flaring is the controlled combustion of methane for the purpose of disposal in a device designed for said combustion. When carried out during the normal production of oil or fossil gas and as a result of insufficient facilities or amenable geology to re-inject methane, utilise it on-site, or dispatch it to a market, it is considered routine flaring. Routine flaring should be banned. Flaring should only be permissible when it is the only alternative to venting and where venting is not prohibited, consequently, where no other choice is available, flaring should always be preferred to venting. However, according to the IEA1a, globally, 143 bcm of fossil gas was flared in 2021 – roughly equivalent to the total volume of natural gas imported into Germany, France and the Netherlands. This resulted in the direct release of 270 Mt of CO2 and nearly 8 Mt of methane (240 Mt CO2-eq). Venting is more harmful to the environment than flaring as the released gas typically contains high-levels of methane, whereas flaring oxidises methane into carbon dioxide. According to the IEA, reducing flaring, venting and methane leaks would offer more immediate relief to gas markets than investing in new supply. The IEA1b estimated that nearly 210 billion cubic metres (bcm) of natural gas could be made available to gas markets by a global effort to eliminate non-emergency flaring and reduce methane emissions from oil and gas operations.

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1a https://www.iea.org/reports/flaring-emissions - September 2022

1b https://iea.blob.core.windows.net/assets/9414ec9a-bbba-4592-b005-4af05c894bdc/Theenergysecuritycasefortacklinggasflaringandmethaneleaks.pdf - June 2022

Amendment 31
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. Use of pilot burners, which give more reliable ignition as they are not affected by wind, should also be required.

(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. Use of auto-igniter or continuous pilot burners, which give more reliable ignition as they are not affected by wind, should also be required.

Amendment 32
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.

Amendment 33
Proposal for a regulation
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.

Amendment 34
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.

Amendment 35
Proposal for a regulation
Recital 49

(49) For operating underground coal mines, mitigation of methane emissions should be implemented through a phase out of venting and flaring. For closed or abandoned underground coal mines, while flooding the mine can prevent methane emissions, this is not systematically done and has environmental risks. Venting and flaring in these mines should also be phased out. As geological constraints and environmental considerations prevent a one-size-fits-all approach to mitigate methane emissions from abandoned underground coal mines31 , Member States should establish their own mitigation plan, taking into consideration those constraints and the technical feasibility of AMM mitigation.

(49) For operating underground coal mines, mitigation of methane emissions should be implemented through a phase out of venting and flaring with an efficiency of less than 99%. For closed or abandoned underground coal mines, while flooding the mine can prevent methane emissions, this is not systematically done and has environmental risks. Venting and flaring with an efficiency below 99% in these mines should also be phased out. As geological constraints and environmental considerations prevent a one-size-fits-all approach to mitigate methane emissions from abandoned underground coal mines31 , Member States should establish their own mitigation plan, taking into consideration those constraints and the technical feasibility of AMM mitigation.

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31 Best Practice Guidance for Effective Methane Recovery and Use from Abandoned Mines (UNECE, 2019)

Amendment 36
Proposal for a regulation
Recital 49 a (new)

(49a) In order to decrease methane emissions from operating coal mines the Union should support systems of incentives for the reduction of emission of methane. Those systems may in particular incentivise investments into methane capture and injection to the grid, decrease of methane emission from ventilations shafts and from flaring. The Union should take decisive action to mobilise Union financial resources aimed at investments into methane reduction technologies in all operating and abandoned mines. Where Union support is not sufficient to support this goal dedicated systems of fees and charges, which are clearly structured to facilitate investments into methane reductions inter alia as part of State aid programmes aimed at the decommissioning of coal production capacities should be encouraged.

Amendment 37
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.

(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. The IEA estimates that in 2020, methane emissions associated with imported oil and gas to the Union represented around 9,000 kilotonnes of methane1a. This compares to 1,033 kilotonnes of methane emissions from oil and gas estimated to have occurred in 2019 in the Union1b. While the share of total global man-made methane emissions emitted in Europe is estimated to be around 6%1c, the consumption of, and import dependency on, fossil fuels produced outside the Union hence adds significant levels of methane emissions that are incurred because of consumption within the Union.

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1a in Commission 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: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2021:0459:FIN:EN:PDF

1b in Commission 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: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2021:0459:FIN:EN:PDF

1c in Commission 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: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2021:0459:FIN:EN:PDF

Amendment 38
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 markets.

(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 the need for this Regulation to cover the whole supply chain.

Amendment 39
Proposal for a regulation
Recital 54

(54) As announced in the Communication on the EU Methane Strategy34 , the Union is committed to working in cooperation with its energy partners and other key fossil energy importing countries to tackle methane emissions globally. Energy diplomacy on methane emissions has already yielded important outcomes. In September 2021, the Union and the United States announced the Global Methane Pledge, which represents a political commitment to 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.

(54) As announced in the Communication on the EU Methane Strategy34 , the Union is committed to working in cooperation with its energy partners and other key fossil energy importing countries to tackle methane emissions globally. Energy diplomacy on methane emissions has already yielded important outcomes. In September 2021, the Union and the United States announced the Global Methane Pledge, which represents a political commitment to take voluntary action to contribute to a collective effort to reduce global methane emissions by 30% by 2030 (from 2020 levels), launched at the UN Climate Change Conference (COP 26) in November 2021 in Glasgow. Over one hundred countries have committed their support, representing nearly half of global anthropogenic methane emissions. The Global Methane Pledge includes a commitment to move towards using best available inventory methodologies to quantify methane emissions.

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34 COM(2020) 663 final

Amendment 40
Proposal for a regulation
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.

(57) In parallel to continuing its diplomatic work to achieve global commitments for significant methane reductions, the Union should further advance all efforts related to significant methane emissions abatement globally, and in particular in the countries supplying fossil energy to the Union, by regulating imports.

Amendment 41
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 operators.

(58) Therefore, importers of fossil energy to the Union should be submitted to the rules that are similar to those for producers within the Union on monitoring, reporting and verification, leak detection and repair and limits to venting and flaring.

Amendment 42
Proposal for a regulation
Recital 58 a (new)

(58a) Where an importer demonstrates the implementation of measures throughout the supply chain deemed comparable in effectiveness to the requirements set out in this Regulation, or provides guarantees of origin and transport in countries deemed to have regulatory equivalence, that importer should be eligible for a derogation, The Commission should assess and grant the derogation with a view to ensuring its trade law compatibility.

Amendment 43
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 efforts 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.

(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 measures 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.

Amendment 44
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 methane mitigation solutions across the globe. 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.

(61) In combination, the measures referred to in Recitals 58 to 60 should enhance transparency for buyers, and facilitate the examination of full compliance with Union 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. The Commission should 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. 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.

Amendment 45
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.

1. This Regulation lays down rules for the accurate measurement, quantification, monitoring, reporting and verification of methane emissions in the energy sector in the Union, as well as the abatement of those emissions, including through leak detection and repair surveys, repair obligations and restrictions on venting and flaring. This Regulation also lays down rules on tools ensuring transparency of methane emissions from imports of fossil energy into the Union.

Amendment 46
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;

(b) gas transmission, distribution, (excluding metering systems at final consumption points) underground storage and liquefied gas terminals operating with fossil and/or renewable (bio-or synthetic) methane;

Amendment 47
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)

(ca) petrochemicals.

Amendment 48
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 tool.

3. This Regulation applies to methane emissions occurring outside the Union in what relates to importer requirements, to the methane transparency database and to the methane emitters monitoring tool.

Amendment 49
Proposal for a regulation
Article 1 a (new)

Article 1a

Union methane emission reduction target

1. Pursuant to the long-term temperature goal set out in Article 2(1), point (a) of the Paris Agreement, the target of net zero greenhouse gas emissions at the latest by 2050 set out in Article 2(1) of Regulation (EU) 2021/1119 and the Global Methane Pledge goal of cutting global anthropogenic methane emissions by at least 30% by 2030 from 2020 levels, the Commission shall propose, by 31 December 2025 and based on an impact assessment, a 2030 Union binding methane emission reduction target covering all relevant emitting sectors.

2. Pursuant to paragraph 1, Member States shall collectively ensure that methane emissions from the energy sector in the Union are reduced, by 2030, to a level that will capture the social benefits of methane mitigation at less than their costs.

3. Each Member State shall set national methane emissions reduction targets as part of their integrated national energy and climate plans in accordance with Articles 3, 4, 5 and 9 to 14 of Regulation (EU)2018/1999. If, on the basis of the assessment of the first update of the integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999, the Commission concludes that the national contributions of the Member States are insufficient for the collective achievement of the Union target, it shall propose measures and exercise its powers at Union level in order to ensure the collective achievement of the target referred to in paragraph 2 of this Article.

Amendment 50
Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) ‘methane emissions’ means all direct emissions occurring from all components that are potential sources of methane emissions, whether as a result of intentional or unintentional venting, incomplete combustion in flares or from other components and unintentional leaks;

(1) ‘methane emissions’ means all direct emissions occurring from all components that are potential sources of methane emissions, whether as a result of venting, incomplete combustion in flares or from other components and leaks;

Amendment 51
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

(1a) ‘component’ means any single piece of technical equipment that has the potential to emit fugitive emissions of methane or volatile organic compounds;

Amendment 52
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)

(1b) ‘leak’ means any unintentional methane emission from a component;

Amendment 53
Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) ‘verifier’ means a legal person different from the competent authorities appointed in accordance with Article 4 of this Regulation which carries out verification activities and which is accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008 or a natural person otherwise authorised, without prejudice to Article 5(2) of that Regulation, at the time a verification statement is issued;

(7) ‘verifier’ means a legal person which carries out verification activities and which is accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008 or a natural person otherwise authorised, without prejudice to Article 5(2) of that Regulation, at the time a verification statement is issued;

Amendment 54
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)

(9a) ‘facility’ means one or more installations on the same site that are operated by the same natural or legal person;

Amendment 55
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)

(9b) ‘site’ means the geographical location of the facility;

Amendment 56
Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) ‘emission factor’ means a coefficient that quantifies the emissions or removals of a gas per unit activity, which is often based on a sample of measurement data, averaged to develop a representative rate of emission for a given activity level under a given set of operating conditions;

(10) ‘emission factor’ means a coefficient that quantifies the emissions of a gas per unit of activity, which is often based on a sample of measurement data, averaged to develop a representative rate of emission for a given activity level under a given set of operating conditions;

Amendment 57
Proposal for a regulation
Article 2 – paragraph 1 – point 12

(12) ‘specific emission factor’ means an emission factor derived from direct measurements;

(12) ‘specific emission factor’ means an emission factor for a type of emission source that is derived from direct measurements;

Amendment 58
Proposal for a regulation
Article 2 – paragraph 1 – point 13

(13) ‘direct measurement’ means direct quantification of the methane emission at source-level with a methane measuring device;

(13) ‘direct measurement’ means measurement of the methane emission at source-level with a measuring device that allows such a measurement;

Amendment 59
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)

(13a) ‘quantification’ means operations to determine the quantity of methane emissions, based on direct measurements or, where direct measurements are not feasible, based on detailed engineering calculations or simulation tools, and based on advanced equipment and monitoring methods;

Amendment 60
Proposal for a regulation
Article 2 – paragraph 1 – point 14

(14) ‘site-level methane emissions’ means all sources of emissions within an asset;

(14) ‘site-level methane emissions’ means all sources of emissions within an entire site;

Amendment 61
Proposal for a regulation
Article 2 – paragraph 1 – point 15

(15) ‘site-level measurement’ means a top-down measurement and typically involves the use of sensors mounted on a mobile platform, such as vehicles, drones, aircrafts, boats and satellites or other means to capture a complete overview of emissions across an entire site;

(15) ‘site-level measurement’ means a top-down measurement and typically involves the use of sensors mounted on a mobile platform, such as vehicles, drones, aircrafts, boats, satellites, the use of fixed sensors, such as continuous point sensor networks, or other means to capture a complete overview of emissions across an entire site;

Amendment 62
Proposal for a regulation
Article 2 – paragraph 1 – point 17

(17) ‘leak detection and repair survey’ means a survey to identify sources of methane emissions, including leaks and unintentional venting;

(17) ‘leak detection and repair survey’ means a survey with an instrument or other advanced technology with a minimum detection limit and confidence bound, to identify and detect sources of methane emissions leaks and other unintentional methane emissions, and to repair or replace the leaking components;

Amendment 63
Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘venting’ means the release of uncombusted methane into the atmosphere either intentionally from processes, activities or devices designed for such a purpose, or unintentionally in the case of a malfunction or geological constraints;

(18) ‘venting’ means the release of uncombusted methane into the atmosphere intentionally from processes, activities or devices designed for such a purpose;

Amendment 64
Proposal for a regulation
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, or dispatch it to a market;

Amendment 65
Proposal for a regulation
Article 2 – paragraph 1 – point 24

(24) ‘inactive well’ means an oil or gas well or well site where operations for exploration or production have ceased for at least one year;

(24) ‘inactive well’ means an oil or gas well or well site, that is onshore or offshore, where operations for exploration or production have ceased for at least one year;.it does not include permanently plugged and abandoned wells;

Amendment 66
Proposal for a regulation
Article 2 – paragraph 1 – point 24 a (new)

(24a) ‘permanently plugged and abandoned well’ means an oil or gas well or well site, that is onshore or offshore, which has been plugged and will not be re-entered, in which all installations associated with the well have been removed and operations have been terminated and where documentation can be provided that is adequate to demonstrate in accordance with Annex IV that there are no methane emissions from that well or well site;

Amendment 67
Proposal for a regulation
Article 2 – paragraph 1 – point 39 a (new)

(39a) ‘coal mining equipment in closed or abandoned coal mine’ means any equipment that remains linked to the methane-bearing strata, including but not limited to gob vents and drainage pipes;

Amendment 68
Proposal for a regulation
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.

(41) ‘importer’ means a natural or legal person who, in the course of a commercial activity, places fossil gas, oil or coal from a third country on the Union market including any natural person established in the Union who is appointed to carry out actions required under Article 27.

Amendment 69
Proposal for a regulation
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, insofar as they correspond to those of an efficient and structurally comparable regulated operator.

1. When fixing or approving 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 additional costs incurred and investments made to comply with the obligations under this Regulation, insofar as they correspond to those of an efficient and structurally comparable regulated operator. The unit investment costs referred to in paragraph 2 may be used by regulatory authorities to benchmark the costs incurred by the operators.

Amendment 70
Proposal for a regulation
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.

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, monitoring, reporting, verification and abatement of emissions, including from venting and flaring, of methane emissions for comparable projects.

Amendment 71
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2

Member States shall notify the Commission of the names and contact details of the competent authorities by … [3 months after the date of entry into force of this Regulation]. Member States shall notify the Commission without delay of any changes to the names or contact details of the competent authorities.

Member States shall notify the Commission of the names and contact details of the competent authorities by … [6 months after the date of entry into force of this Regulation]. Member States shall notify the Commission without delay of any changes to the names or contact details of the competent authorities.

Amendment 72
Proposal for a regulation
Article 4 – paragraph 2

2. The Commission shall make a list of the competent authorities publicly available and shall regularly update that list.

2. The Commission shall make a list of the competent authorities publicly available and shall regularly update that list upon receipt of a notification of any change from a Member State.

Amendment 73
Proposal for a regulation
Article 4 – paragraph 3

3. Member States shall ensure that the competent authorities have adequate powers and resources to perform the obligations set out in this Regulation.

3. Member States shall ensure that the competent authorities establish a contact point, have adequate powers and resources including human resources to perform the obligations set out in this Regulation.

Amendment 74
Proposal for a regulation
Article 5 – paragraph 1

1. The competent authorities shall take the necessary measures to ensure compliance with the requirements set out in this Regulation.

1. The competent authorities shall take, in performing their tasks, the necessary measures to ensure compliance with this Regulation.

Amendment 75
Proposal for a regulation
Article 5 – paragraph 2

2. Operators and mine operators 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.

2. Operators, mine operators and importers, insofar as those importers are required pursuant to Article 27, shall provide the competent authorities with all assistance necessary to enable or facilitate the performance of the tasks of the competent authorities referred to in this Regulation, notably as regards access to the premises and the presentation of documentation or records.

Amendment 76
Proposal for a regulation
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.

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 shall 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 those activities.

Amendment 77
Proposal for a regulation
Article 5 – paragraph 3 a (new)

3a. The competent authorities shall carry out regular checks to verify compliance by importers with Article 27 (2a), insofar as those importers are required pursuant to Article 27, by means of documentary checks and independent third party verification, in conjunction with other methods and technologies at their disposal to verify the existence of methane emissions.

Amendment 78
Proposal for a regulation
Article 5 – paragraph 3 b (new)

3b. The competent authorities shall review and approve the mitigation plan referred to in Article 18(6) to address methane emissions submitted by the operators.

Amendment 79
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1

Where reports are to be made public in accordance with this Regulation, the competent authorities shall make them publicly available free of charge, on a designated website and in freely accessible, downloadable and editable format. The data collected shall ensure the confidentiality of commercially sensitive information of companies.

Amendment 80
Proposal for a regulation
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 available to the competent authorities shall be taken into account. Competent authorities shall identify best practices.

Amendment 81
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.

Where an inspection has identified a 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 those actions, as part of the report referred to in paragraph 5.

Amendment 82
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 two years. Where an inspection has identified a serious breach of the requirements of this Regulation, the subsequent inspection shall take place within one year.

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, including assessment of cumulative impacts of all methane emissions as a pollutant, and shall not exceed 16 months. Where an inspection has identified a serious breach of the requirements of this Regulation, the subsequent inspection shall take place within a maximum period of nine months.

Amendment 83
Proposal for a regulation
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;

Amendment 84
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1

Following each inspection, the competent authorities shall prepare a report describing the legal basis for the inspection, the procedural steps followed, the relevant findings and recommendations for the further action by the operator or mine operator.

Amendment 85
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 authorities.

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 86
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.

1. Any natural or legal person may lodge a written complaint with the competent authorities on a possible breach of the requirements of this Regulation by operators or mine operators. In addition, the European Justice Portal shall act as a contact point for the purpose of the submission of complaints to the competent authorities concerned.

Amendment 87
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.

2. The complaints shall be duly substantiated and contain sufficient evidence of the alleged breach.

Amendment 88
Proposal for a regulation
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 of the reasons for their decision not to pursue an investigation.

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 within a reasonable time but no later than one month of the reasons for their decision not to pursue an investigation.

Amendment 89
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 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:

1. Verifiers shall assess the conformity of the emissions reports submitted to them by operators, mine operators or importers, insofar as those importers are required pursuant to Article 27, in accordance with this Regulation. They shall assess the conformity of the reports with the requirements laid down in this Regulation and review all data sources and methodologies used in order to assess their reliability, credibility and accuracy, in particular the following points:

Amendment 90
Proposal for a regulation
Article 8 – paragraph 1 – point d

(d) any quality control or quality assurance systems applied by the operators or mine operators.

(d) any quality control quality assurance systems applied by the operators, mine operators or importers, insofar as those importers are required pursuant to Article 27.

Amendment 91
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

In carrying out the verification activities referred to in paragraph 1, verifiers shall use free and publicly available European or international standards for methane emissions quantification as made applicable by the Commission in accordance with paragraph 5. Until such date where the applicability of those standards is determined by the Commission, verifiers shall use existing European or international standards for quantification and verification of greenhouse gas emissions.

In carrying out the verification activities referred to in paragraph 1, verifiers shall use publicly available European or international standards for methane emissions quantification as made applicable by the Commission in accordance with this Regulation, in particular with paragraph 5. Until such date where the applicability of those standards is determined by the Commission, verifiers shall use existing European or international standards for quantification and verification of greenhouse gas emissions.

Amendment 92
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)

Where no European or international standards are available, operators or mine operators shall provide information to the verifiers on the standards or methodologies used by the operators, mine operators or importers for the purpose of verification activities.

Amendment 93
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2

Verifiers may conduct site checks to determine the reliability, credibility and accuracy of the data sources and methodologies used.

Verifiers shall conduct announced and unannounced site checks to determine the reliability, credibility and accuracy of the data sources and methodologies used.

Amendment 94
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2 a (new)

The verification activities referred to in paragraph 1 of this Article and in this paragraph shall be aligned with current European or international standards and methodologies in order to limit the burden on operators, mine operators or importers, insofar as those importers are required pursuant to Article 27, and on competent authorities and take due account of the nature of the operator's activities.

Amendment 95
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 thereof and the operator or the mine operator shall submit a revised emissions report to the verifier without delay.

Where the assessment concludes that the emissions report does not comply with the requirements of this Regulation, the verifiers shall inform the operator, the mine operator or the importer, insofar as the importer is required pursuant to Article 27, thereof and the operator, the mine operator or importer, insofar as the importer is required pursuant to Article 27, shall submit a revised emissions report to the verifier without delay and no later than within three weeks.

Amendment 96
Proposal for a regulation
Article 8 – paragraph 4

4. Operators and mine operators 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.

4. Operators, mine operators and importers insofar as those importers are required pursuant to Article 27, 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 97
Proposal for a regulation
Article 8 – paragraph 5 a (new)

5 a. The costs incurred from the activities referred to in this Article shall be taken into account as referred to in Article 3.

Amendment 98
Proposal for a regulation
Article 10 – paragraph 1 – introductory part

1. Provided the interest of the Union is protected, the International Methane Emissions Observatory shall be attributed a verification role with respect to methane emissions data, in particular with regard to the following tasks:

1. In performing their obligations and exercising their powers under this Regulation, verifiers, the competent authorities and the Commission shall consider the information made available to the public by the International Methane Emissions Observatory (IMEO), in particular with regard to the following:

Amendment 99
Proposal for a regulation
Article 10 – paragraph 1 – point e

(e) reporting of findings on major discrepancies between data sources.

(e) reporting of findings on major discrepancies between data sources contributing to build more robust scientific methodologies;

Amendment 100
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)

(e a) reporting of super-emitters identified by way of an early detection and warning system.

Amendment 101
Proposal for a regulation
Article 10 – paragraph 2

2. The Commission may submit methane emissions data to the International Methane Emissions Observatory, as made available to it by the competent authorities in accordance with this Regulation.

2. The Commission shall submit relevant methane emissions data to the IMEO.

Amendment 102
Proposal for a regulation
Article 10 – paragraph 3

3. The information produced by the International Methane Emissions Observatory shall be made available to the public and the Commission.

deleted

Amendment 103
Proposal for a regulation
Article 12 – paragraph 1

1. By … [12 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.

1. By … [10 months from the date of entry into force of this Regulation], operators shall submit a report to the competent authorities containing the quantification of source-level methane emissions estimated using at least generic emission factors for all sources. Operators may choose to submit simultaneously a report in accordance with the requirements set out in paragraph 2.

Amendment 104
Proposal for a regulation
Article 12 – paragraph 2

2. By … [24 months from the date of entry into force of this Regulation], operators shall also submit a report to the competent authorities containing direct measurements of source-level methane emissions for operated assets. Reporting at such level may involve the use of source-level measurement and sampling as the basis for establishing specific emission factors used for emissions estimation.

2. Operators and undertakings established in the Union shall submit a report to the competent authorities containing quantification of source-level methane emissions:

(a) for operated assets by...[12 months from the date of entry into force of this Regulation], and

(b) for non-operated assets by...[24 months from the date of entry into force of this Regulation], provided these assets have not been reported by an operator pursuant to the obligation under point (a).

Reporting at such level shall involve the use of source-level direct measurement and sampling as the basis for establishing specific emission factors used for emissions quantification.

Amendment 105
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1

By … [36 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 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.

Operators and undertakings established in the Union shall submit a report to the competent authorities containing quantification of source-level methane emissions, complemented by measurements of site-level methane emissions, thereby allowing assessment and verification of the source-level estimates aggregated by site:

Amendment 106
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point a (new)

(a) for operated assets by...[24 months from the date of entry into force of this Regulation] and by 31 May every year thereafter; and

Amendment 107
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b (new)

(b) for non-operated assets by...[42 months from the date of entry into force of this Regulation] and by 31 May every year thereafter, provided those have not been reported by an operator pursuant to point (a).

Amendment 108
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2

Before submission to the competent authorities, operators shall ensure that the reports set out in this paragraph are assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.

Before submission to the competent authorities, operators and undertakings shall ensure that the reports set out in this paragraph are assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.

Amendment 109
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

Amendment 110
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

Amendment 111
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2

Before submission to the competent authorities, undertakings shall ensure that the reports set out in this paragraph are assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.

deleted

Amendment 112
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point c

Amendment 113
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 5. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2).

The Commission shall, by means of implementing acts, lay down a reporting template for the reports under this Article taking into account the national inventory reports already in place. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2). Until the adoption of those implementing acts, operators and undertakings shall use the technical guidance documents and reporting templates of the OGMP 2.0, for upstream and for mid and downstream operations, as applicable.

Amendment 114
Proposal for a regulation
Article 12 – paragraph 7

7. For site-level measurements referred to in paragraphs 3 and 5, appropriate quantification technologies shall be used which can provide such measurements.

7. For site-level measurements referred to in paragraph 3 approved emissions quantification technologies developed by the appropriate European or international standardisation bodies, shall be used. Until such standards are established, operators and undertakings, as applicable, shall use the technical guidance documents of the OGMP 2.0 and follow state of the art industry practices and best available technologies for methane emissions measurements.

Amendment 115
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.

8. In the case of significant discrepancies between the emissions at source-level and those at site-level measurement, the reports referred to in paragraph 3 shall include the reasons for the discrepancy. Where the discrepancy is not due to the uncertainty of the quantification technology used, the following additional measures shall be carried out within the same reporting period:

Amendment 116
Proposal for a regulation
Article 12 – paragraph 8 – point (a) new

(a) where the site-level measurement is higher than that in the source-level inventory to a statistically significant degree, the operator shall include documentation in the report to reconcile the source-level inventory with site-level measurement, and shall update its source-level inventory to reflect the higher site-level measurements;

Amendment 117
Proposal for a regulation
Article 12 – paragraph 8 – point (b) new

(b) where the site-level measurement is lower than the source-level inventory to a statistically significant degree, the operator shall review the minimum detection limit (MDL) of the site-level measurement devices to confirm that the MDL is sufficiently low to detect expected levels of emissions from individual component; where the MDL is not sufficiently low enough, the operator shall repeat the measurement using devices with a sufficiently low enough MDL within the same calendar year, and shall compare that result to the source-level inventory; where the MDL is determined to be adequate, the operator shall include documentation in the report which sets out the reasons for the discrepancy.

Amendment 118
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.

9. By … [9 months from the date of entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 31 to supplement this Regulation by laying down the specifications applicable to direct measurements and quantification of methane emissions. Those specifications shall apply to standardisation requests issued by the Commission for the purposes of this Article.

Amendment 119
Proposal for a regulation
Article 12 – paragraph 11 a (new)

11 a. Monitoring and reporting shall refer to the global warming potential, which is on a 100-year time scale 29,8 times greater than carbon dioxide and 82,5 times more potent than carbon dioxide on a 20-year time scale1a.

__________________

1a IPCC Sixth Assessment Report Global Warming Potentials - https://www.ercevolution.energy/ipcc-sixth-assessment-report/

Amendment 120
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.

1. Operators shall take all appropriate mitigation measures available to them to prevent and minimise methane emissions in their operations.

Amendment 121
Proposal for a regulation
Article 13 – paragraph 1 a (new)

1a. By...[ six months after the date of entry into force of this Regulation], the Commission shall submit a report to the Parliament and to the Council on the impact of introducing an ambitious upstream performance standard for methane emissions intensity for the oil and gas imported into or extracted within the Union. The Commission shall specifically assess the setting of a methane intensity standard below or equal to 0,2%.

Amendment 122
Proposal for a regulation
Article 13 – paragraph 1 b (new)

1b. Prior to adopting the delegated act referred to in paragraph 1c, the Commission shall carry-out an impact assessment, evaluating in particular the implications for both the climate and the security of energy supply of the Union, in full respect of Regulation (EU) 2021/1119.

Amendment 123
Proposal for a regulation
Article 13 – paragraph 1 c (new)

1c. By ...[18 months after 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 a performance standard as referred to in paragraph 1a implementing a methane emission intensity level for the upstream sector to be reached by...[3 years of the date of entry into force of this Regulation] and the methodology to clearly define a robust methane emission intensity metric.

Amendment 124
Proposal for a regulation
Article 13 – paragraph 1 d (new)

1d. The Commission shall adopt delegated acts in accordance with Article 31 to supplement this Regulation by setting out the emission intensity level for the midstream and downstream sectors to be reached.

Amendment 125
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

By … [3 months from the date of entry into force of this Regulation], operators shall submit a leak detection and repair programme to the competent authorities which shall detail the contents of the surveys to be carried out in accordance with the requirements in this Article.

By … [6 months from the date of entry into force of this Regulation], operators shall submit a leak detection and repair programme to the competent authorities which shall detail the contents of the surveys and activities to be carried out in accordance with the requirements in this Article.

Amendment 126
Proposal for a regulation
Article 14 – paragraph 1 a (new)

1a. Without prejudice to Regulation (EU) No 1025/2012, the Union shall pursue the timely development by the appropriate standardisation organisations of European standards containing the technical specifications in respect of leak detection and repair surveys and activities for the purpose of this Article.

The Commission is empowered to adopt delegated acts in accordance with Article 31 to supplement this Regulation in order to require compliance with the technical specifications referred to in the first subparagraph, to update the references to those European standards and to lay down technical specifications in respect of leak detection and repair surveys where appropriate. Until such specifications are established, operators shall use practices, technologies, processes and level of expertise which would be expected from a leading service provider to fulfil the obligations set out in this Article and, where requested, shall provide competent authorities and verifiers with information on the standards or methodologies used.

Amendment 127
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1

By … [6 months from the date of entry into force of this Regulation], operators shall carry out a survey of all relevant components under their responsibility in accordance with the leak detection and repair programme referred in paragraph 1.

By … [9 months from the date of entry into force of this Regulation], operators shall carry out a survey of all relevant components under their responsibility in accordance with the leak detection and repair programme referred in paragraph 1.

Amendments 128 and 270cp1
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2

Thereafter, leak detection and repair surveys shall be repeated every three months.

Thereafter, leak detection and repair surveys shall be carried out with the following frequencies:

Amendment 129
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 – point a (new)

(a) once every two months for all aboveground components using detection devices with the minimum detection limit referred to in paragraph 3, point (a);

Amendment 130
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 – point b (new)

(b) once every four months for all aboveground components using detection devices with the minimum detection limit referred to in paragraph 3, point (b);

Amendment 131
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 – point c (new)

(c) once every five months, or at the frequency levels set in Part 1 of Annex I, for all underground components using detection devices with the minimum detection limit referred to in paragraph 3, point (c).

Amendment 132
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 more.

3. In carrying out the surveys, operators shall use detection devices with a minimum detection limit as follows:

Amendment 133
Proposal for a regulation
Article 14 – paragraph 3 – point a (new)

(a) 17 grams per hour of methane at standard temperature and pressure;.the survey shall be undertaken at the level of each individual potential emission source;

Amendment 134
Proposal for a regulation
Article 14 – paragraph 3 – point b (new)

(b) 50 parts per million in volume of methane or 1 gram per hour;.the survey shall be undertaken at the contact of each individual potential emission source for aboveground components;

Amendment 135
Proposal for a regulation
Article 14 – paragraph 3 – point c (new)

Amendment 136
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 methane.

Operators shall repair or replace all components found to be leaking methane.

Amendment 137
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2

The repair or replacement of the components referred to in the first subparagraph shall take place immediately after detection, or as soon as possible thereafter but no later than five days after detection, provided operators can demonstrate that safety or technical considerations do not allow immediate action and provided operators establish a repair and monitoring schedule.

The repair or replacement of the components referred to in this paragraph, shall take place immediately after detection, or as soon as possible for a first attempt but no later than five days after detection. Repairs or replacements referred to in this paragraph shall use state-of-the-art technologies and materials that provide long-term protection against future leakage.

Where operators can demonstrate that the repair referred to in this paragraph is not successful or possible within five days due to safety or technical considerations, the operators shall provide evidence for the delay to the competent authorities and shall establish a repair and monitoring schedule no later than 5 days after detection. The repair and monitoring schedule referred to in this subparagraph shall be set so that the found leakages are repaired within 30 days after detection.

Amendment 138
Proposal for a regulation
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. Environmental impact considerations may include instances whereby repair could lead to a higher level of methane emissions than in the absence of the repair.

Safety and technical considerations, as referred to in the second and third subparagraphs, shall be limited to:

Amendment 139
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3 – point a (new)

(a) safety of personnel and humans in proximity to the detected leak;

Amendment 140
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3 – point b (new)

(b) any adverse environmental impacts of taking action if it can be demonstrated that those impacts would be greater than the environmental benefits of taking action, such as where a repair could lead to a higher overall level of methane emissions than would be the case in the absence of the repair;

Amendment 141
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3 – point c (new)

Amendment 142
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3 – point d (new)

(d) unavailability of replacement parts necessary for the repair of the component or components necessary for the replacement.

Amendment 143
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 4

Where a system shutdown is required before the repair or replacement can be undertaken, operators shall minimise the leak within one day of detection and shall repair the leak by the end of the next scheduled system shutdown or within a year, whichever is sooner.

Where, due to one or more of the conditions set out in points (a)-(d) applying, a system shutdown is required before the repair or replacement can be undertaken, operators shall minimise the leak within one day of detection and shall repair the leak by the end of the next scheduled system shutdown or within a year, whichever is sooner.

Amendment 144
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 4 a (new)

Operators shall establish, maintain and make fully available to the competent authorities, a record of all decisions to delay repair pursuant to this Article, including all necessary evidence justifying each decision and the corresponding repair and monitoring schedules. Operators shall enter that information in the record without delay. The competent authorities may require the operator to amend the repair schedule taking into account the requirements of this Regulation.

Amendment 145
Proposal for a regulation
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.

Notwithstanding paragraph 2, operators shall post-repair survey components that were found to be leaking methane immediately after the repair carried out pursuant to paragraph 4, and no later than 30 days thereafter to ensure that the repair was successful.

Amendment 146
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2

Notwithstanding paragraph 2, operators shall survey components that were found to be emitting below 500 parts per million of methane, no later than three months after the emissions were detected, to check whether the size of loss of methane has changed.

deleted

Amendment 147
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 3

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

Amendment 148
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 1

Without prejudice to the reporting obligations pursuant to paragraph 7, operators shall record all identified leaks, irrespective of their size, and shall continually survey them to ensure that they are repaired in accordance with paragraph 4.

Without prejudice to the reporting obligations pursuant to paragraph 7, operators shall record all identified leaks, irrespective of their size, and shall regularly survey them and ensure that they are repaired in accordance with paragraph 4.

Amendment 149
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1

Within one month after each survey, operators shall submit a report with the results of the survey and a repair and monitoring schedule to the competent authorities of the Member State where the relevant assets are located. The report shall include at least the elements set out in Annex I.

Every year, operators shall submit a report summarising the results of all the surveys completed and all corresponding repair and monitoring schedules during the previous year to the competent authorities of the Member State where the relevant assets are located. The report shall include at least the elements set out in Annex I.

Amendment 150
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 2

The competent authorities may require the operator to amend the report or the repair and monitoring schedule taking into account the requirements of this Regulation.

deleted

Amendment 151
Proposal for a regulation
Article 14 – paragraph 9

9. Member States shall ensure that certification, accreditation schemes or equivalent qualification schemes, including suitable training programmes, are available for service providers with respect to the surveys.

9. Member States shall ensure that certification, accreditation schemes or equivalent qualification schemes, including suitable training programmes, are available to service providers and to operators with respect to the surveys.

Amendment 152
Proposal for a regulation
Article 15 – paragraph 2 – introductory part

2. Venting shall only be allowed in the following situations:

2. Venting and flaring shall only be allowed in the following situations:

Amendment 153
Proposal for a regulation
Article 15 – paragraph 2 – point a

(a) in case of an emergency or malfunction; and

(a) in case of an emergency or malfunction.

Amendment 154
Proposal for a regulation
Article 15 – paragraph 2 – point b

(b) where unavoidable and strictly necessary for the operation, repair, maintenance or testing of components or equipment and subject to the reporting obligations set out in Article 16.

deleted

Amendment 155
Proposal for a regulation
Article 15 – paragraph 3 – introductory part

3. Venting under point (b) of paragraph 2 shall include the following specific situations where venting cannot be completely eliminated:

3. In addition to paragraph 2, point (a), venting and flaring shall only be allowed in the following specific situations where venting or flaring, as applicable, cannot be completely eliminated or is necessary for safety reasons:

Amendment 156
Proposal for a regulation
Article 15 – paragraph 3 – point a

(a) during normal operations of certain components, provided that the equipment meets all the specified equipment standards and it is properly maintained and regularly inspected to minimise methane losses;

(a) during normal operations of pneumatic devices and pumps, dry gas seals, compressors, atmospheric pressure storage tanks, or other components designed to vent, provided that the equipment meets all the specified equipment standards established pursuant to paragraph 5b, and is properly maintained and regularly inspected to minimise methane losses;

Amendment 157
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 established pursuant to paragraph 5b;

Amendment 158
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;

(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 established pursuant to paragraph 5b;

Amendment 159
Proposal for a regulation
Article 15 – paragraph 3 – point e

(e) during repair and maintenance, including blowing down and depressurizing equipment to perform repair and maintenance;

(e) during repair, maintenance, test procedures and decommissioning, including blowing down and depressurizing equipment to perform repair and maintenance;

Amendment 160
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 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.

4. Where venting is allowed pursuant to paragraph 2, operators shall vent only where flaring is not technically feasible due to lack of flammability, inability to sustain a flame, safety concerns, when the environmental or climate impact of mitigation measures is higher than the benefit, or when it risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 16, operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.

Amendment 161
Proposal for a regulation
Article 15 – paragraph 4 a (new)

4a. Where non-emitting alternative equipment is available to the equipment that vents, it shall replace that equipment by 31 December 2026, provided that the non-venting equipment meets the standards established pursuant to paragraph 5b.

Amendment 162
Proposal for a regulation
Article 15 – paragraph 5

5. Flaring shall only be allowed where either re-injection, utilisation on-site 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.

5. In addition to the conditions set out in paragraph 2, 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 market.

Amendment 163
Proposal for a regulation
Article 15 – paragraph 5 a (new)

5a. Where a site is built, replaced or refurbished, in whole or in part, operators shall utilise only zero-emitting pneumatic controllers and pumps on that site.

Amendment 164
Proposal for a regulation
Article 15 – paragraph 5 b (new)

5b. By... [24 months from the date of entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 31 to supplement this Regulation by incorporating and setting out the applicability of technology standards for venting, zero-emitting and flaring equipment. The Commission shall be empowered to revise such delegated acts in line with technological developments.

Amendment 165
Proposal for a regulation
Article 15 – paragraph 5 c (new)

5c. Where the implementation of this Article requires a permit or any other administrative approval from relevant authorities, or where the lack of available venting or flaring equipment causes an exceptional delay in actions necessary for that implementation, operators shall provide the competent authorities with a detailed schedule for that implementation. Operators shall proceed to implement without delay. The competent authorities may request modifications of the schedule.

Amendment 166
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a

(a) caused by an emergency or a malfunction;

(a) caused by an emergency, a malfunction or;

Amendment 167
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 only combustion devices with an auto-igniter or continuous pilot and a complete destruction removal efficiency for hydrocarbons.

1. Operators shall install all flare stacks that uses combustion devices with an auto-igniter or continuous pilot and at least 99% destruction and removal efficiency for hydrocarbons by ...[18 months from the date of entry into force of this Regulation].

Amendment 168
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

Amendment 169
Proposal for a regulation
Article 17 – paragraph 3

3. Operators shall conduct weekly inspections of flare stacks in accordance with the elements set out in Annex III.

3. Operators shall conduct weekly inspections of flare stacks in accordance with the elements set out in Annex III. As an alternative to weekly inspections of a flare stack, operators may use remote or automated continuous monitoring devices, if approved by competent authorities, to collect the observations of the flare stack referred to in points (i) and (ii) of the third subparagraph of Annex III. Where irregularities are detected, operators shall investigate the cause of the irregularity and remedy it within 6 hours or, in the case of bad weather or other extreme conditions, within 24 hours.

Amendment 170
Proposal for a regulation
Article 18 – paragraph 1

1. By … [12 months from the date of entry into force of this Regulation], Member States shall establish and make publicly available an inventory of all inactive wells on their territory or under their jurisdiction, including at least the elements set out in Annex IV.

1. By...[ six months from the date of entry into force of this Regulation], Member States shall establish and make publicly available an inventory of all inactive wells and permanently plugged and abandoned wells on their territory or under their jurisdiction, including at least the elements set out in Annex IV.

Amendment 171
Proposal for a regulation
Article 18 – paragraph 2

2. By … [18 months of the date of entry into force of this Regulation], equipment for measurement of methane emissions shall be installed on all inactive wells.

deleted

Amendment 172
Proposal for a regulation
Article 18 – paragraph 3

3. Reports containing the measurements referred to in paragraph 2 shall be submitted to the competent authorities by … [24 months of the date of entry into force of this Regulation] and by 30 March every year thereafter and cover the last available calendar year. Before submission to the competent authorities, the reports set out in this paragraph shall be assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.

3. Reports containing information on quantification of methane emissions to air and water, as applicable, from all wells referred to in paragraph 1 shall be submitted to the competent authorities by … [18 months of the date of entry into force of this Regulation] and by 30 March every year thereafter and cover the last available calendar year.

Where the competent authorities are provided with reliable evidence that proves that there are no methane emissions from permanently plugged and abandoned wells within the last five years, the reporting obligation set out in this paragraph shall not apply to that well.

Before submission to the competent authorities, the reports set out in this paragraph shall be assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.

Amendment 173
Proposal for a regulation
Article 18 – paragraph 4

4. The competent authorities shall make the reports set out in this Article available to the public and the Commission, within three months from submission by operators and in accordance with Article 5(4).

4. The competent authorities shall make the reports set out in this Article available to the public and the Commission, within three months from submission and in accordance with Article 5(4).

Amendment 174
Proposal for a regulation
Article 18 – paragraph 5

5. Member States shall be responsible for fulfilling the obligations laid down in paragraphs 2 and 3, except where a responsible party can be identified, in which case that party shall bear responsibility.

5. Member States shall be responsible for fulfilling the obligations laid down in paragraphs 2, except where a responsible party can be identified, in which case that party shall bear responsibility.

Amendment 175
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.

By ...[12 months from the date of entry into force of this Regulation] Member States or the responsible party shall develop a mitigation plan to remediate, reclaim and permanently plug inactive wells located in their territory, and implement it by... [24 months from the date of entry into force of this Regulation].

Amendment 176
Proposal for a regulation
Article 18 – paragraph 6 a (new)

6 a. When identifying inactive, permanently plugged and abandoned wells, Member States shall undertake a robust and objective assessment based on the most up to date scientific findings, including data from IMEO).

Amendment 177
Proposal for a regulation
Article 19 – paragraph 2 – point c

Amendment 178
Proposal for a regulation
Article 20 – paragraph 1

1. For underground coal mines, mine operators shall perform continuous ventilation air methane emissions measurement and quantification on all exhaust ventilation shafts used by the mine operator, using apparatus with a methane concentration sensitivity threshold of at least 100 parts per million. They shall also take monthly sample-based measurements.

1. For underground coal mines, mine operators shall perform continuous source level methane direct emissions measurement and quantification on all exhaust ventilation shafts. Mine operators shall report to the competent authorities methane releases per ventilation shaft per year in kilotonne (kt) of methane, using equipment and methodologies resulting in a measurement accuracy with a tolerance of 0,5 kt/year of methane or of 5% of the reported amount. They shall also take monthly sample-based measurements.

Amendment 179
Proposal for a regulation
Article 20 – paragraph 2

2. Drainage stations operators shall perform continuous measurements of volumes of vented and flared methane, regardless of the reasons for such venting and flaring activity.

2. Drainage stations operators shall perform continuous source level direct emissions measurements and quantification of total releases of vented and flared methane, regardless of the reasons for such venting and flaring activity.

Amendment 180
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 2

As regards continuous measurements referred to in paragraphs 1 and 2, where part of the measuring equipment is not operating for a period, readings taken during periods when the equipment was operating may be used to estimate data on a pro rata basis for the period that the equipment was not operating.

As regards continuous source level direct measurements and quantification referred to in paragraphs 1 and 2, where part of the measuring equipment is not operating for a period, readings taken during periods when the equipment was operating may be used to estimate data on a pro rata basis for the period that the equipment was not operating.

Amendment 181
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 3

The equipment used for continuous measurements referred to in paragraphs 1 and 2 shall operate for more than 90% of the period for which it is used to monitor an emission, excluding downtime taken for re-calibration.

The equipment used for continuous source level direct measurements and quantification referred to in paragraphs 1 and 2 shall operate for more than 90% of the period for which it is used to monitor an emission, excluding downtime taken for re-calibration.

Amendment 182
Proposal for a regulation
Article 20 – paragraph 5

5. Mine operators shall estimate coal post-mining emissions using coal post-mining emission factors, updated annually, based on deposit-specific coal samples and in accordance with appropriate scientific standards.

5. Where relevant, mine operators shall estimate coal post-mining emissions using coal post-mining emission factors, updated annually, based on deposit-specific coal samples and in accordance with appropriate scientific standards.

Amendment 183
Proposal for a regulation
Article 22 – paragraph 1

1. Venting and flaring of methane from drainage stations shall be prohibited from 1 January 2025, except in the case of an emergency, a malfunction or where unavoidable and strictly necessary for maintenance. In such cases, drainage station operators shall vent only if flaring is not technically feasible or risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 23, drainage station operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.

1. Flaring with a destruction and removal design efficiency below 99% and venting of methane from drainage system shall be prohibited from 1 January 2025, except in the case of an emergency or where unavoidable and strictly necessary for maintenance. In such cases, drainage station operators shall vent only if flaring is not technically feasible or risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 23, drainage station operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.

Amendment 184
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.

2. Venting of methane through ventilation shafts in coal mines emitting more than five tonnes of methane/kilotonne of coal mined , other than coking coal mines, shall be prohibited from 1 January 2027, except where it would pose a direct threat to the health and life of working miners and would increase the work-safety risk in mining plants.

Venting of methane through ventilation shafts in coal mines emitting more than three tonnes of methane/kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 2031.

These thresholds shall apply per year per mine and per operator, if one entity operates several mines.

Amendment 185
Proposal for a regulation
Article 22 – paragraph 3 a (new)

3a. Where Member States intend to implement a dedicated system of incentives to reduce methane emissions, they may use fees, charges or penalties as referred to in Article 30 as an instrument of guaranteeing the compliance of operators of existing mines with the obligations in paragraphs 1 and 2 of this Article.

Amendment 186
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – introductory part

From 1 January 2025, drainage station operators shall notify the competent authorities of all venting and flaring events:

From 1 January 2025, drainage station operators shall notify the competent authorities of all venting events and flaring events with a destruction and removal design efficiency below 99%.

Amendment 187
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – point a

(a) caused by an emergency or a malfunction,

(a) caused by an emergency,

Amendment 188
Proposal for a regulation
Article 24 – paragraph 1 – introductory part

This Section applies to the following methane emissions from abandoned and closed underground coal mines where coal production has been discontinued:

This Section applies to the following methane emissions from closed and abandoned and closed underground coal mines where coal production has been discontinued:

Amendment 189
Proposal for a regulation
Article 25 – paragraph 1

1. By … [12 months from the date of entry into force of this Regulation] Member States shall set up and make publicly available an inventory of all closed coal mines and abandoned coal mines in their territory or under their jurisdiction, in accordance with the methodology and including at least the elements set out in Part 1 of Annex VII.

1. By … [12 months from the date of entry into force of this Regulation] Member States shall set up and make publicly available an inventory of all underground and abandoned coal mines in their territory or under their jurisdiction, in accordance with the methodology and including at least the elements set out in Part 1 of Annex VII.

Amendment 190
Proposal for a regulation
Article 25 – paragraph 1 a (new)

1a. 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 from the IMEO when available;

Amendment 191
Proposal for a regulation
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.

deleted

Amendment 192
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2

From … [18 months from the date of entry into force of this Regulation], measurement equipment shall be installed on all elements listed in point (v) of Part 1 of Annex VII for closed coal mines and abandoned coal mines where operations have ceased since … [50 years prior to the date of entry into force of this Regulation].

From … [18 months from the date of entry into force of this Regulation], measurement equipment shall be installed on all elements listed in point (v) of Part 1 of Annex VII which were found to emit above 0,5 tonnes of methane per year based on the inventory referred to in paragraph 1 of this Article for closed coal mines and abandoned coal mines.

Amendment 193
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2 a (new)

The equipment shall perform source level direct measurements or quantifications taken in accordance with appropriate scientific standards and, if possible on an hourly basis, and of sufficient quality to allow for a representative estimation of yearly methane emissions from all elements listed in Part 1, point (v) of Annex VII which were found to emit methane.

Amendment 194
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3

The sensitivity threshold of the measurement equipment used for the measurements referred to in paragraph 2 shall be at least 10,000 parts per million.

deleted

Amendment 195
Proposal for a regulation
Article 25 – paragraph 2 a (new)

2a. If the observed annual methane release of an element listed in Part 1, point (v) of Annex VII is below 1 tonne of methane for six consecutive years in the case of flooded mines or 12 consecutive years in the case of dry mines, no further monitoring and reporting shall be taken for that specific element.

Amendment 196
Proposal for a regulation
Article 25 – paragraph 4

4. Mine operators shall be responsible for the requirements referred to in paragraphs 2 and 3 as regards closed mines. Member States shall be responsible for the requirements referred to in paragraphs 2 and 3 as regards abandoned mines.

4. Mine operators, asset operators or Member States shall be responsible for the requirements referred to in paragraphs 2 and 3 as regards closed mines. Member States shall be responsible for the requirements referred to in paragraphs 2 and 3 as regards abandoned mines.

Amendment 197
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1

On the basis of the inventory referred to in Article 25, Member States shall develop and implement a mitigation plan to address methane emissions from abandoned coal mines.

On the basis of the inventory referred to in Article 25, Member States shall develop and implement a mitigation plan to address methane emissions from closed and abandoned underground coal mines.

Amendment 198
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2

The mitigation plan shall be submitted to competent authorities by … [36 months from the date of entry into force of this Regulation] and include at least the elements set out in Part 4 of Annex VII.

The mitigation plan shall be submitted to competent authorities by … [18 months from the date of entry into force of this Regulation] and include at least the elements set out in Part 4 of Annex VII. The Member States shall implement it by... [2 years from the date of entry into force of this Regulation].

Amendment 199
Proposal for a regulation
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.

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 human safety, including that of the personnel, or public health. 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.

Amendment 200
Proposal for a regulation
Article 26 – paragraph 2 a (new)

2a. For closed coal mines:

(a) capturing methane by degassing shall be possible;

(b) the use of safety-relevant degassing devices, e.g. vent hoods (Protegohaube), may continued to be operated;

(d) impoundment of mine water to reduce methane emissions shall be allowed under this Regulation.

Amendment 201
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 2

The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to supplement this Regulation by amending or adding to the information to be provided by importers.

The Commission shall adopt a delegated act by 31 December 2025 in accordance with Article 31 to supplement this Regulation by amending or adding to the information to be provided by importers.

Amendment 202
Proposal for a regulation
Article 27 – paragraph 2 a (new)

2a. As of 1 January 2026, importers of coal, oil and gas, shall demonstrate that exporters of coal, oil and gas into the Union comply with the requirements for the measurement, monitoring, reporting and verification, leak detection and repair, and venting and flaring established in Chapters 3 and 4 of this Regulation or otherwise meet the requirements for derogations set out in paragraph 2b of this Article.

Amendment 203
Proposal for a regulation
Article 27 – paragraph 2 b (new)

2b. Importers that demonstrate the implementation of measures deemed comparable in effectiveness or provide guarantees of origin from countries deemed to have regulatory equivalence shall be subject to a derogation from paragraphs 2a, in accordance with paragraph 2c.

Amendment 204
Proposal for a regulation
Article 27 – paragraph 2 c (new)

2c. Where importers claim a derogation provided for in paragraph 2b, they shall notify the Commission and provide all required information. The Commission shall assess the applicability of a derogation taking into account:

(a) the effectiveness of the measures or regulatory requirements compared to those applicable within the Union;

(b) the accuracy of the data provided by importers; and

(c) penalties for non-compliance and effectiveness of enforcement in the relevant jurisdictions where regulatory equivalence is sought.

Amendment 205
Proposal for a regulation
Article 27 – paragraph 2 d (new)

2d. The Commission shall adopt a delegated act by 31 December 2025 in accordance with Article 31 to supplement this Regulation with both the modalities and the procedures for importers claiming a derogation under paragraph 2c, and the specific requirements for demonstrating comparable in effectiveness and regulatory equivalence, including establishing the necessary role of IMEO to ensure the quality control, referred to in paragraph 2b.

Amendment 206
Proposal for a regulation
Article 27 – paragraph 2 e (new)

2e. Member States shall ensure that importers who place on the market coal, oil and gas, comply with this Article within their territory. Member States shall set out progressive penalties for infringements, including the suspension of the authorisation to place oil, gas and coal on the market as referred to in Article 30, taking into account the need for effective deterrence of breaches.

Amendment 207
Proposal for a regulation
Article 27 – paragraph 2 f (new)

2f. Where importers fail to provide the information referred to in paragraphs 1, 2a and 2b, but can demonstrate to the competent authorities of the importing Member States that all reasonable endeavours have been undertaken to acquire such information, Member States may consider reducing or not imposing penalties on importers as referred to in paragraph 2e.

Amendment 208
Proposal for a regulation
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, considering in particular:

By 31 December 2025, or earlier if the Commission considers that sufficient evidence is available, the Commission shall propose amendments to this Regulation to strengthen the requirements applicable to importers with a view to implementing upstream performance standards for methane emissions on all fossil gas and oil imports equivalent to the methane emissions intensity referred to in Article 13 and a commensurate standard for coal imports.

Amendment 209
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point a

(a) reporting of the available methane emissions data collected in the context of the global methane monitoring tool referred to in Article 29;

deleted

Amendment 210
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point b

(b) methane emission data analysis by the IMEO;

deleted

Amendment 211
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c

(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

deleted

Amendment 212
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point d

(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.

(d) When proposing amendments to this Regulation as referred to in the first subparagraph, the Commission shall particularly assess the implications for the climate, the security of supply of the Union and the level playing field. implications in case of possible additional obligations, including mandatory measures such as methane emission standards or targets. The Commission may also take taking into account the oil, gas and coal sectors separately.

Amendment 213
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2

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.

Where appropriate and based on the necessary evidence to secure full compliance with both the applicable international obligations of the Union, including its long-term temperature goal set out in Article 2(1), point (a) of the Paris Agreement, the Commission shall propose amendments to this Article in accordance with Article 33 to strengthen the requirements applicable to importers.

Amendment 214
Proposal for a regulation
Article 28 – paragraph 1

1. By … [18 months after the date of entry into force of the Regulation] the Commission shall establish and maintain a methane transparency database containing the information submitted to it pursuant to Article 27 and Articles 12(11), 16(3), 18(4), 20(7), 23(2) and 25(5).

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 215
Proposal for a regulation
Article 28 – paragraph 2 – point b – point i

(i) whether it has mandatory regulatory measures in place on energy sector methane emissions, covering the elements set out in this Regulation regarding measurement, reporting and verification and mitigation of energy sector methane emissions;

Amendment 216
Proposal for a regulation
Article 28 – paragraph 2 – point b – point ii a (new)

(iia) whether it has signed the Global Methane Pledge;

Amendment 217
Proposal for a regulation
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.

Amendment 218
Proposal for a regulation
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.

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 219
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1 – introductory part

The penalties provided for must be effective, proportionate and dissuasive and may include:

The penalties provided for must be effective, proportionate and dissuasive and shall include:

Amendment 220
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 serious infringements;

(a) fines proportionate to the environmental damage, impact on safety and health, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements and gradually increasing the level of such fines for repeated serious or multiple infringements;

Amendment 221
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1 a (new)

In addition to the penalties laid down in points (a) and (b) of this paragraph, Member States shall consider suspension of the authorisation to place oil, gas or coal to the market in case of serious or repeated breaches of this Regulation taking into consideration the security of energy supply.

Amendment 222
Proposal for a regulation
Article 30 – paragraph 3 – point b a (new)

(ba) the operator or undertaking has not submitted a methane emissions report in accordance with Article 12;

Amendment 223
Proposal for a regulation
Article 30 – paragraph 3 – point l a (new)

(la) failure of importers, insofar as they are required pursuant to Article 27, to demonstrate that exporters of coal, oil and gas have complied with the requirements on monitoring, reporting and verification, on leak detection and repair, and on routine venting and flaring, in accordance with Article 27;

Amendment 224
Proposal for a regulation
Article 30 – paragraph 3 – point l b (new)

(lb) failure of importers, insofar as they are required pursuant to Article 27, to provide the information required in accordance with an independent assessment of compliance conducted by a verification body.

Amendment 225
Proposal for a regulation
Article 30 – paragraph 3 a (new)

3a. Where the conditions set out in Article 15(5d) are fulfilled, Member States shall consider reducing or not imposing penalties on operators for the implementation period deemed necessary by the competent authorities.

Amendment 226
Proposal for a regulation
Article 30 – paragraph 3 b (new)

3b. Paragraph 3, points (l), (la), (lb) shall not apply to importers where importers fail to provide the information set out in Annex VIII, and can demonstrate to the competent authorities of the importing Member States that all reasonable endeavours have been undertaken to acquire such information.

Amendment 227
Proposal for a regulation
Article 30 – paragraph 5

5. Member States shall publish annually information on the type and the size of the penalties imposed under this Regulation, the infringements and the operators upon which penalties have been imposed.

5. Member States shall publish annually information on the type and the size of the penalties imposed under this Regulation and in line with the penalties as set out in the [amended Protection of the environment through criminal law], the infringements and the operators upon which penalties have been imposed.

Amendment 228
Proposal for a regulation
Article 31 – paragraph 2

2. The power to adopt delegated acts referred to in Articles 8(5), 22(3) and 27(1) shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of the Regulation].

2. The power to adopt delegated acts referred to in Articles 8(5), [...] shall be conferred on the Commission for a period of five years from the date of entry into force of the Regulation.

Amendment 229
Proposal for a regulation
Article 31 – paragraph 6

6. A delegated act adopted pursuant to Articles 8(5), 22(3) and 27(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6. A delegated act adopted pursuant to Articles 8(5), [...] shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 230
Proposal for a regulation
Article 32 – paragraph 1

1. The Commission shall be assisted by the Energy Union Committee established by Article 44 of Regulation (EU) 2018/1999.

1. The Commission shall be assisted by the Climate Change Committee and the Energy Union Committee established by Article 44 of Regulation (EU) 2018/1999.

Amendment 231
Proposal for a regulation
Article 33 – paragraph 1

1. Every five years the Commission shall submit a report on the evaluation of this Regulation to the European Parliament and to the Council and shall, if appropriate, submit legislative proposals to amend this Regulation. The reports shall be made public.

1. By 1 January 2027 and every four years thereafter, the Commission shall report to the European Parliament and to the Council on the evaluation of this Regulation. The Commission reports may be accompanied by legislative proposals where appropriate. The reports shall be made public.

Amendment 232
Proposal for a regulation
Article 34 – paragraph 1
Regulation (EU) 2019/942
Article 15 – paragraph 5

5. Every three years 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. It shall issue recommendations on indicators and reference values for unit investment costs for complying with the obligations under [this Regulation] pursuant to Article 3 of [this Regulation].

5. Every three years 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, monitoring, reporting, verification and abatement, including venting and flaring of methane emissions for comparable projects. It shall issue recommendations on indicators and reference values for unit investment costs for complying with the obligations under [this Regulation] pursuant to Article 3 of [this Regulation].

Amendment 233
Proposal for a regulation
Annex I – title

Text proposed by the Commission
Leak detection repair and monitoring schedules
Amendment
Part 1: Leak detection and repair surveys
Notwithstanding the leak detection and repair surveys as set out in Article 14.2 (c), for all underground components listed in this Annex, leak detection and repair surveys must be carried-out as per the following minimum frequencies:
Asset	Material	Frequency
[...]	[...]	[...]

Amendment 234
Proposal for a regulation
Annex I – subheading 1 a (new)

Part 2 Repair and monitoring schedules

Amendment 235
Proposal for a regulation
Annex I – paragraph 2 – point iii

(iii) For components found to be emitting 500 parts per million or more of methane, indication of whether repair was undertaken during the LDAR survey and if not why, taking into account the requirements as regards what elements can be taken into account for a delayed repair, as per Article 14, paragraph 4.

(iii) For components found to be emitting, indication of whether repair was undertaken during the LDAR survey and if not why, taking into account the requirements as regards what elements can be taken into account for a delayed repair, as per Article 14, paragraph 4.

Amendment 236
Proposal for a regulation
Annex I – paragraph 2 – point iv

(iv) For components found to be emitting 500 parts per million or more of methane, planned repair schedule indicating planned date of repair,

(iv) For components found to be emitting, planned repair schedule indicating planned date of repair,

Amendment 237
Proposal for a regulation
Annex I – paragraph 2 – point v

(v) For components found to be emitting less than 500 parts per million in previous LDAR survey, but found to be emitting 500 parts per million or more of methane during post LDAR monitoring to check whether the size of loss of methane has evolved, indication whether repair was undertaken immediately and if not, why not (as per iii), and planned repair schedule indicating planned date of repair.

deleted

Amendment 238
Proposal for a regulation
Annex I – paragraph 5 – point iii

(iii) For components found to be emitting 500 parts per million or more of methane, results of monitoring after repair to check if repair was successful

(iii) For components found to be emitting, results of monitoring after repair to check if repair was successful

Amendment 239
Proposal for a regulation
Annex I – paragraph 5 – point iv

(iv) For components found to be emitting less than 500 parts per million of methane, results of post LDAR monitoring to check whether the size of loss of methane has evolved and recommendation on the basis of finding.

deleted

Amendment 240
Proposal for a regulation
Annex II – paragraph 1 – point ii

(ii) name and type of asset;

(ii) location, name and type of asset;

Amendment 241
Proposal for a regulation
Annex II – paragraph 1 – point v

(v) measured or estimated volume of vented or flared natural gas;

(v) measured volume of vented or flared methane;

Amendment 242
Proposal for a regulation
Annex II – paragraph 1 – point v a (new)

(va) flaring efficiency and the type of flare used;

Amendment 243
Proposal for a regulation
Annex II – paragraph 1 – point ix

(ix) results of weekly inspections of flare stacks carries out in accordance with Article 17

(ix) results of weekly inspections and of continuous monitoring of flare stacks carries out in accordance with Article 17

Amendment 244
Proposal for a regulation
Annex IV – paragraph 1 – introductory part

Pursuant to Article 18, inventories of inactive wells must include at least the following information:

Pursuant to Article 18, inventories of inactive wells and permanently plugged and abandoned wells must include at least the following information:

Amendment 245
Proposal for a regulation
Annex IV – paragraph 1 – point ii

(ii) name, type and address of well or well site;

(ii) name, type and address of well or well site, specifying whether it is an inactive well or a permanently plugged and abandoned well;

Amendment 246
Proposal for a regulation
Annex IV – paragraph 1 – point iv

(iv) results of any methane concentration measurements.

(iv) results of methane emissions measurements to air and to water.

Amendment 247
Proposal for a regulation
Annex IV – paragraph 1 a (new)

Pursuant to Article 18, with respect to permanently plugged and abandoned wells, inventories shall also include:

(i) the last known measurements of methane emissions to air and water, if any;

(ii) information showing that the relevant competent authority has attested that the well or well site in question fulfils the criteria set out in Article 2(24a);

(iii) adequate documentation to demonstrate that there have been no methane emissions from that well or well site for at least the last five years.

Amendment 248
Proposal for a regulation
Annex IV – paragraph 1 b (new)

Pursuant to Article 18, mitigation plans must include at least the following information:

(i) the schedule of addressing each inactive well, including the actions to be performed;

(ii) name and address of the operator, owner or licensee of the inactive well, where applicable;

(iii) projected end date of all remediation, reclamation or plugging of inactive wells.

Amendment 249
Proposal for a regulation
Annex VI – paragraph 1 – point iii

(iii) cause of the venting and/or flaring event;

(iii) cause of the venting and/or flaring event; justification for using venting instead of flaring, if applicable;

Amendment 250
Proposal for a regulation
Annex VI – paragraph 1 – point iv

(iv) tonnage of methane vented and flared (or an estimate if quantification is not possible).

(iv) tonnage of methane vented and flared (or an estimate if quantification or measurement is not possible).

Amendment 251
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – introductory part

(v) results of methane concentration measurement at the following elements:

(v) results of source level direct measurement or quantification at the following point emission sources:

Amendment 252
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 2

2) unused vent pipes

2) unused vent pipes, if not part of safety infrastructure

Amendment 253
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 4

4) outcrops;

deleted

Amendment 254
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 5

5) identifiable strata fractures at the mine’s territory or linked to its former coal deposit;

deleted

Amendment 255
Proposal for a regulation
Annex VII – Part 2 – paragraph 1 – point ii

(ii) measurements must be performed using an apparatus with a sensitivity threshold of at least 10.000 ppm, at the closest available distance to the measured emission source.

(ii) measurements must be performed using an equipment resulting in a methane emissions measurement accuracy of at least 0,5 tonnes per year.

Amendment 256
Proposal for a regulation
Annex VII – Part 3 – paragraph 1 – point iii – introductory part

(iii) methane emissions from all elements outlined in Article 25(3) including:

(iii) methane emissions from all point emission sources outlined in Part 1 including:

Amendment 257
Proposal for a regulation
Annex VII – Part 3 – paragraph 1 – point iii – point 1

1) type of element

1) type of point emission source

Amendment 258
Proposal for a regulation
Annex VII – Part 3 – paragraph 1 – point iii – point 5

5) estimates of methane emissions from the element

5) estimates of methane emissions the point emission source

Amendment 259
Proposal for a regulation
Annex VII – Part 4 – paragraph 1 – point i

(i) list of all elements covered in Article 25(3);

(i) list of all point emission sources outlined in Part 1;

Amendment 260
Proposal for a regulation
Annex VII – Part 4 – paragraph 1 – point ii

(ii) technical feasibility of mitigation of methane emissions from elements outlined in Article 25(3);

(ii) technical feasibility of mitigation of methane emissions; each point emission source

Amendment 261
Proposal for a regulation
Annex VIII – paragraph 2 – introductory part

Pursuant to Article 27, importers must provide the following information:

Pursuant to Article 27, importers must provide a report with the following information for each site from which the import to the Union has taken place, including upstream oil and fossil gas production, fossil gas gathering, processing and transmission, and liquefied natural gas terminals:

Amendment 262
Proposal for a regulation
Annex VIII – paragraph 2 – point ii

(ii) country and regions corresponding to the Union nomenclature of territorial units for statistics (NUTS) level 1 where the energy was produced and countries and corresponding to the Union nomenclature of territorial units for statistics (NUTS) level 1 through which the energy was transported until it was placed on the Union market;

(ii) country and regions corresponding to the Union nomenclature of territorial units for statistics (NUTS) level 1 where the energy was produced, countries and regions corresponding to the Union nomenclature of territorial units for statistics (NUTS) level 1 through which the energy was transported until it was placed on the Union market;

Amendment 263
Proposal for a regulation
Annex VIII – paragraph 2 – point iii

(iii) as regards oil and fossil gas, whether the exporter is undertaking measurement and reporting of its methane emissions, either independently or as part of commitments to report national GHG inventories in line with United Nations Framework Convention on Climate Change (UNFCCC) requirements, and whether it is in compliance with UNFCCC reporting requirements or in compliance with Oil and Gas Methane Partnership 2.0 standards. This must be accompanied by a copy of the latest report on methane emissions, including, where available, the information referred to in Article 12(6). The method of quantification (such as UNFCCC tiers or OGMP levels) employed in the reporting must be specified for each type of emissions;

(iii) as regards oil and fossil gas, information specifying the exporter’s, or where relevant, the producer’s direct measurements of site-level methane emissions, conducted by independent service provider, in the last available calendar year period including data per detailed, individual, emission source type and detailed information on the quantification methodologies employed to measure methane emissions; measurement and reporting of its methane emissions, either independently or as part of commitments to report national GHG inventories in line with United Nations Framework Convention on Climate Change (UNFCCC) requirements, and whether it is in compliance with UNFCCC reporting requirements or in compliance with Oil and Gas Methane Partnership 2.0 standards. This must be accompanied by a copy of the latest report on methane emissions, including, where available, the information referred to in Article 12(6), where provided in such report. The method of quantification (such as UNFCCC tiers or OGMP levels) employed in the reporting be specified for each type of emissions;

Amendment 264
Proposal for a regulation
Annex VIII – paragraph 2 – point iv

(iv) as regards oil and gas, whether the exporter applies regulatory or voluntary measures to control its methane emissions, including measures such as leak detection and repair surveys or measures to control and restrict venting and flaring of methane. This must be accompanied by a description of such measures, including, where available, reports from leak detection and repair surveys and from venting and flaring events with respect to the last available calendar year;

(iv) as regards oil and gas, information specifying the exporter’s, or where relevant, the producer’s regulatory or voluntary measures to control its methane emissions, including measures such as leak detection and repair surveys or measures to control and restrict venting and flaring of methane; leak detection and repair surveys and programmes conducted within the last two calendar years and information on all venting; and flaring events within the last two calendar years. This must be accompanied by a description of such measures, including, where available, reports from leak detection and repair surveys and from venting and flaring events with respect to the last available calendar year;

Amendment 265
Proposal for a regulation
Annex VIII – paragraph 2 – point v

(v) as regards coal, whether the exporter is undertaking measurement and reporting of its methane emissions, either independently or as part of commitments to report national GHG inventories in line with United Nations Framework Convention on Climate Change (UNFCCC) requirements, and whether it is in compliance with UNFCCC reporting requirements or in compliance with an international or European standard for monitoring, reporting and verification of methane emissions. This must be accompanied by a copy of the latest report on methane emissions, including, where available the information referred to in Article 20(6). The method of quantification (such as UNFCCC tiers or OGMP levels) employed in the reporting must be specified for each type of emissions;

(v) as regards coal, information specifying the exporter’s source-level methane emissions data measured for ventilation air methane emissions, calculated and quantified in accordance with the methodology described in Part 1 of Annex V; measurement and reporting of its methane emissions, either independently or as part of commitments to report national GHG inventories in line with United Nations Framework Convention on Climate Change (UNFCCC) requirements, and whether it is in compliance with UNFCCC reporting requirements or in compliance with an international or European standard for monitoring, reporting and verification of methane emissions. This must be accompanied by a copy of the latest report on methane emissions, including, where available the information referred to in Article 20(6). The method of quantification (such as UNFCCC tiers or OGMP levels) employed in the reporting must be specified for each type of emissions;

Amendment 266
Proposal for a regulation
Annex VIII – paragraph 2 – point vi

(vi) as regards coal, whether the exporter applies regulatory or voluntary measures to control its methane emissions, including measures to control and restrict venting and flaring of methane. This must be accompanied by a description of such measures, including, where available, reports from venting and flaring events with respect to the last available calendar year;

(vi) as regards coal, information specifying the exporter’s regulatory or voluntary measures to control its methane emissions, including measures to control and restrict venting and flaring of methane; volumes of vented and flared methane calculated in each production site during the last two calendar years; and venting and flaring mitigation plans in force in the production site. This must be accompanied by a description of such measures, including, where available, reports from venting and flaring events with respect to the last available calendar year;

Amendment 267
Proposal for a regulation
Annex VIII – paragraph 2 – point vi a (new)

(vi a) a reference to its own methane reduction action plan according to Article 15 of [corporate sustainability due diligence];

(1)	* References to ‘cp’ in the headings of adopted amendments shall be understood as the corresponding part of those amendments.
(2)	The matter was referred back for interinstitutional negotiations to the committees responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0162/2023).

Last updated: 11 October 2023

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