Changes from adopted text to adopted text

RemovedRecital 49: (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.

RemovedRecital 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.

RemovedRecital 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. 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. / 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:2…

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

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

RemovedRecital 57: (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.

RemovedRecital 58: (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.

RemovedRecital 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.

RemovedRecital 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 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.

RemovedRecital 61: (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.

RemovedArticle 1 – paragraph 1: 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.

RemovedArticle 1 – paragraph 2 – point b: (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;

RemovedArticle 1 – paragraph 2 – point c a (new): (ca) petrochemicals.

RemovedArticle 1 – paragraph 3: 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.

RemovedArticle 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 ref…

RemovedArticle 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 venting, incomplete combustion in flares or from other components and leaks;

RemovedArticle 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;

RemovedArticle 2 – paragraph 1 – point 1 b (new): (1b) ‘leak’ means any unintentional methane emission from a component;

RemovedArticle 2 – paragraph 1 – point 7: (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;

RemovedArticle 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;

RemovedArticle 2 – paragraph 1 – point 9 b (new): (9b) ‘site’ means the geographical location of the facility;

RemovedArticle 2 – paragraph 1 – point 10: (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;

RemovedArticle 2 – paragraph 1 – point 12: (12) ‘specific emission factor’ means an emission factor for a type of emission source that is derived from direct measurements;

RemovedArticle 2 – paragraph 1 – point 13: (13) ‘direct measurement’ means measurement of the methane emission at source-level with a measuring device that allows such a measurement;

RemovedArticle 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;

RemovedArticle 2 – paragraph 1 – point 14: (14) ‘site-level methane emissions’ means all sources of emissions within an entire site;

RemovedArticle 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, 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;

RemovedArticle 2 – paragraph 1 – point 17: (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;

RemovedArticle 2 – paragraph 1 – point 18: (18) ‘venting’ means the release of uncombusted methane into the atmosphere intentionally from processes, activities or devices designed for such a purpose;

RemovedArticle 2 – paragraph 1 – point 22: (22) ‘routine flaring’ means flaring during the normal production of oil or fossil gas and in the absence of sufficient facilities or amenable geology to re-inject methane, utilise it on-site, process it, or dispatch it to a market, and excluding flaring caused by an emergency;

RemovedArticle 2 – paragraph 1 – point 24: (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;

RemovedArticle 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;

RemovedArticle 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;

RemovedArticle 2 – paragraph 1 – point 41: (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.

RemovedArticle 3 – paragraph 1: 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.

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

RemovedArticle 4 – paragraph 1 – subparagraph 2: 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.

RemovedArticle 4 – paragraph 2: 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.

RemovedArticle 4 – paragraph 3: 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.

RemovedArticle 5 – paragraph 1: 1. The competent authorities shall take, in performing their tasks, the necessary measures to ensure compliance with this Regulation.

RemovedArticle 5 – paragraph 2: 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.

RemovedArticle 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 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 6 – paragraph 2 – subparagraph 2: 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.

RemovedArticle 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, 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.

RemovedArticle 6 – paragraph 4 – point a: (a) to investigate substantiated complaints referred to in Article 7 and occurrences of non-compliance as soon as possible after the date the competent authorities become aware of such complaints or non-compliance and no later than 6 months after that date;

RemovedArticle 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, including the deadlines for their implementation.

RemovedArticle 6 – paragraph 6: 6. Operators and mine operators shall take without delay all the necessary actions set out in the report referred to in paragraph 5 within the period determined by the competent authorities or any other period agreed with the competent authorities.

RemovedArticle 7 – paragraph 1: 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.

RemovedArticle 7 – paragraph 2: 2. The complaints shall be duly substantiated and contain sufficient evidence of the alleged breach.

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

RemovedArticle 8 – paragraph 1 – introductory part: 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:

RemovedArticle 8 – paragraph 1 – point d: (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.

RemovedArticle 8 – paragraph 2 – subparagraph 1: 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.

RemovedArticle 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.

RemovedArticle 8 – paragraph 2 – subparagraph 2: Verifiers shall conduct announced and unannounced site checks to determine the reliability, credibility and accuracy of the data sources and methodologies used.

RemovedArticle 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.