Changes from adopted text to adopted text

RemovedArticle 27 – paragraph 3 – subparagraph 2: 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.

RemovedArticle 28 – paragraph 1: 1. By … [18 months after the date of entry into force of the Regulation] the Commission shall establish and maintain a methane transparency database, organised by countries, companies, and quantities of gas, coal and oil imported, containing the information submitted to it pursuant to Article 27 and Articles 12(11), 16(3), 18(4), 20(7), 23(2) and 25(5).

RemovedArticle 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 and whether those measures are sufficient;

RemovedArticle 28 – paragraph 2 – point b – point ii a (new): (iia) whether it has signed the Global Methane Pledge;

RemovedArticle 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, if needed, shall offer technical support to ensure fast remedial actions.

RemovedArticle 30 – paragraph 1: 1. Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented, including the polluter pays principle.

RemovedArticle 30 – paragraph 2 – subparagraph 1 – introductory part: The penalties provided for must be effective, proportionate and dissuasive and shall include:

RemovedArticle 30 – paragraph 2 – subparagraph 1 – point a: (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;

RemovedArticle 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.

RemovedArticle 30 – paragraph 3 – point b a (new): (ba) the operator or undertaking has not submitted a methane emissions report in accordance with Article 12;

RemovedArticle 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;

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 30 – paragraph 5: 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.

RemovedArticle 31 – paragraph 2: 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.

RemovedArticle 31 – paragraph 6: 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.

RemovedArticle 32 – paragraph 1: 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.

RemovedArticle 33 – paragraph 1: 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.

RemovedRegulation (EU) 2019/942

RemovedArticle 34 – paragraph 1, 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, 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].

RemovedAnnex I – subheading 1 a (new): Part 2 Repair and monitoring schedules

RemovedAnnex I – paragraph 2 – point iii: (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.

RemovedAnnex I – paragraph 2 – point iv: (iv) For components found to be emitting, planned repair schedule indicating planned date of repair,

RemovedAnnex I – paragraph 2 – point v: deleted

RemovedAnnex I – paragraph 5 – point iii: (iii) For components found to be emitting, results of monitoring after repair to check if repair was successful

RemovedAnnex I – paragraph 5 – point iv: deleted

RemovedAnnex II – paragraph 1 – point ii: (ii) location, name and type of asset;

RemovedAnnex II – paragraph 1 – point v: (v) measured volume of vented or flared methane;

RemovedAnnex II – paragraph 1 – point v a (new): (va) flaring efficiency and the type of flare used;

RemovedAnnex II – paragraph 1 – point ix: (ix) results of weekly inspections and of continuous monitoring of flare stacks carries out in accordance with Article 17

RemovedAnnex IV – paragraph 1 – introductory part: Pursuant to Article 18, inventories of inactive wells and permanently plugged and abandoned wells must include at least the following information:

RemovedAnnex IV – paragraph 1 – point ii: (ii) name, type and address of well or well site, specifying whether it is an inactive well or a permanently plugged and abandoned well;

RemovedAnnex IV – paragraph 1 – point iv: (iv) results of methane emissions measurements to air and to water.

RemovedAnnex 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.

RemovedAnnex 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.

RemovedAnnex VI – paragraph 1 – point iii: (iii) cause of the venting and/or flaring event; justification for using venting instead of flaring, if applicable;

RemovedAnnex VI – paragraph 1 – point iv: (iv) tonnage of methane vented and flared (or an estimate if quantification or measurement is not possible).

RemovedAnnex VII – Part 1 – paragraph 1 – point v – introductory part: (v) results of source level direct measurement or quantification at the following point emission sources:

RemovedAnnex VII – Part 1 – paragraph 1 – point v – point 2: 2) unused vent pipes, if not part of safety infrastructure

RemovedAnnex VII – Part 1 – paragraph 1 – point v – point 4: deleted

RemovedAnnex VII – Part 1 – paragraph 1 – point v – point 5: deleted

RemovedAnnex VII – Part 2 – paragraph 1 – point ii: (ii) measurements must be performed using an equipment resulting in a methane emissions measurement accuracy of at least 0,5 tonnes per year.

RemovedAnnex VII – Part 3 – paragraph 1 – point iii – introductory part: (iii) methane emissions from all point emission sources outlined in Part 1 including:

RemovedAnnex VII – Part 3 – paragraph 1 – point iii – point 1: 1) type of point emission source

RemovedAnnex VII – Part 3 – paragraph 1 – point iii – point 5: 5) estimates of methane emissions the point emission source

RemovedAnnex VII – Part 4 – paragraph 1 – point i: (i) list of all point emission sources outlined in Part 1;

RemovedAnnex VII – Part 4 – paragraph 1 – point ii: (ii) technical feasibility of mitigation of methane emissions; each point emission source

RemovedAnnex VIII – paragraph 2 – introductory part: 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:

RemovedAnnex 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, 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;

RemovedAnnex VIII – paragraph 2 – point iii: (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;

RemovedAnnex VIII – paragraph 2 – point iv: (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;

RemovedAnnex VIII – paragraph 2 – point v: (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;

RemovedAnnex VIII – paragraph 2 – point vi: (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;

RemovedAnnex 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];