Changes from adopted text to adopted text

RemovedArticle 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, 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.

RemovedArticle 8 – paragraph 4: 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.

RemovedArticle 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.

RemovedArticle 10 – paragraph 1 – introductory part: 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:

RemovedArticle 10 – paragraph 1 – point e: (e) reporting of findings on major discrepancies between data sources contributing to build more robust scientific methodologies;

RemovedArticle 10 – paragraph 1 – point e a (new): (e a) reporting of super-emitters identified by way of an early detection and warning system.

RemovedArticle 10 – paragraph 2: 2. The Commission shall submit relevant methane emissions data to the IMEO.

RemovedArticle 10 – paragraph 3: deleted

RemovedArticle 12 – paragraph 1: 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.

RemovedArticle 12 – paragraph 2: 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.

RemovedArticle 12 – paragraph 3 – subparagraph 1: 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:

RemovedArticle 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

RemovedArticle 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).

RemovedArticle 12 – paragraph 3 – subparagraph 2: 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.

RemovedArticle 12 – paragraph 4: deleted

RemovedArticle 12 – paragraph 5 – subparagraph 1: deleted

RemovedArticle 12 – paragraph 5 – subparagraph 2: deleted

RemovedArticle 12 – paragraph 6 – subparagraph 1 – point c: (c) detailed information on the quantification methodologies;

RemovedArticle 12 – paragraph 6 – subparagraph 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.

RemovedArticle 12 – paragraph 7: 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.

RemovedArticle 12 – paragraph 8: 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:

RemovedArticle 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;

RemovedArticle 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.

RemovedArticle 12 – paragraph 9: 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.

RemovedArticle 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/

RemovedArticle 13 – paragraph 1: 1. Operators shall take all appropriate mitigation measures available to them to prevent and minimise methane emissions in their operations.

RemovedArticle 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%.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 14 – paragraph 1 – subparagraph 1: 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.

RemovedArticle 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.

RemovedArticle 14 – paragraph 2 – subparagraph 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.

RemovedAmendments 128 and 270cp1

RemovedArticle 14 – paragraph 2 – subparagraph 2

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

RemovedArticle 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);

RemovedArticle 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);

RemovedArticle 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).

RemovedArticle 14 – paragraph 3: 3. In carrying out the surveys, operators shall use detection devices with a minimum detection limit as follows:

RemovedArticle 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;

RemovedArticle 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;

RemovedArticle 14 – paragraph 3 – point c (new): (c) 500 parts per million or 5 grams per hour of methane for underground components.

RemovedArticle 14 – paragraph 4 – subparagraph 1: Operators shall repair or replace all components found to be leaking methane.

RemovedArticle 14 – paragraph 4 – subparagraph 2: 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.

RemovedArticle 14 – paragraph 4 – subparagraph 3: Safety and technical considerations, as referred to in the second and third subparagraphs, shall be limited to:

RemovedArticle 14 – paragraph 4 – subparagraph 3 – point a (new): (a) safety of personnel and humans in proximity to the detected leak;

RemovedArticle 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;

RemovedArticle 14 – paragraph 4 – subparagraph 3 – point c (new): (c) accessibility of a component, including any access permits; and

RemovedArticle 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.

RemovedArticle 14 – paragraph 4 – subparagraph 4: 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.

RemovedArticle 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.

RemovedArticle 14 – paragraph 5 – subparagraph 1: 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.

RemovedArticle 14 – paragraph 5 – subparagraph 2: deleted

RemovedArticle 14 – paragraph 5 – subparagraph 3: deleted

RemovedArticle 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 regularly survey them and ensure that they are repaired in accordance with paragraph 4.

RemovedArticle 14 – paragraph 7 – subparagraph 1: 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.

RemovedArticle 14 – paragraph 7 – subparagraph 2: deleted

RemovedArticle 14 – paragraph 9: 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.

RemovedArticle 15 – paragraph 2 – introductory part: 2. Venting and flaring shall only be allowed in the following situations: