97 Amendments of Massimiliano SALINI related to 2021/0423(COD)
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5 a) 'site' means the geographical location of the facility;
Amendment 192 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5 b) 'facility' means a collection of components within an area/space restricted by physical boundaries of an operating unit with some relation to one another as a subdivision of an asset;
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
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;
Amendment 204 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘de minimis source’ means negligible sources defined in OGMP2.0 general TGD, which are out of scope of reporting.
Amendment 205 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 b (new)
Article 2 – paragraph 1 – point 8 b (new)
(8 b) ‘material emissions’ (according to OGMP2.0 for reporting at level 4) means: - Prioritise more complete coverage of Level 4 measurements at assets that account for a larger share of operator- level emissions. - For a given asset, rank all sources of emissions based on best available data(minimum L3). - PerformL4 on sources that account for a minimum of 70% of the methane emissions from each asset with a justification as to why >90% is not reached. The percentages described above are applied to selected base year and this base year can be reassessed if there are significant changes in operations/methodology (e.g., 20% change of emissions within 3 years)
Amendment 216 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13 a) ‘quantification’ means operations to determine the value of the quantity of methane emissions. Quantification can be based on direct measurements, engineering estimations, or models using ambient measurements and meteorological data, and should be based on advanced equipment and monitoring methods. Quantities of methane emissions are expressed in mass per time (e.g.kilograms per hour) or volume per time (e.g. standard cubic meters per hour);
Amendment 217 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
Amendment 221 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
Article 2 – paragraph 1 – point 13 b (new)
Amendment 223 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
Article 2 – paragraph 1 – point 13 b (new)
Amendment 239 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
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 and which does not comply with the regulatory requirements of the relevant authorities on being permanently unplugged and abandoned;
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24 a (new)
Article 2 – paragraph 1 – point 24 a (new)
(24 a) 'temporarily plugged well' means an oil or gas well or well site, onshore or offshore, where well barriers have been installed to isolate all potential flow zones exposed by the well and where a wellhead is still installed and access to the well is still provided for;
Amendment 253 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
(41) ‘importer’ means a natural or legal person established in the Union who, in the course of a commercial activity, places fossil energy or renewable methane from a third country on the Union market. by means of a declaration for release for free circulation within the meaning of Regulation (EU) No. 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, or the person on whose behalf this declaration is made.
Amendment 260 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 a (new)
Article 2 – paragraph 1 – point 41 a (new)
(41 a) 'representative’ means any person appointed by another person to carry out the acts and formalities required under this Regulation. A representative shall be established within the customs territory of the Union.
Amendment 272 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
Public support, incentives or funds for monitoring, reporting and verification and mitigation measures of methane emissions should also support the efforts taken by non- regulated operators (transmission system operators, distribution system operators, LNG terminal operators and underground gas storage operators).
Amendment 295 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The competent authorities shall carry out periodic inspections to check the compliance of operators or mine operators with the requirements set out in this Regulation. The first inspection shall be completed by … [18 months after the date of entry into force of this Regulation]. This is not necessary if a control mechanism has already been established with the competent authorities.
Amendment 344 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. VeThe competent authoriftiers 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:
Amendment 354 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
In carrying out the verification activities referred to in paragraph 1, vethe competent authoriftiers 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, vethe competent authoriftiers shall use existing European or international standards for quantification and verification of greenhouse gas emissions.
Amendment 357 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 362 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 387 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By … [128 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 generic but source-specific emission factors fat least generic emission factors for all sources not considered as de minimis for operated assets. Operators may choose to submit at that stage a report all sourcesccording to the requirements set in paragraph 2.
Amendment 388 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By … [128 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 generic but source-specific emission factors fat least generic emission factors for all sources not considered as de minimis of operated assets. Operators may choose to submit at that stage a report all sourcesccording to the requirements in paragraph 2.
Amendment 405 #
Proposal for a regulation
Article 12 – paragraph 2
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 measurementsquantification 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 estimationsources not considered as de minimis for operated assets. When emission factors are used, the quantification shall involve specific emission factors.
Amendment 406 #
Proposal for a regulation
Article 12 – paragraph 2
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 estimationsources not considered as de minimis for operated assets. When emission factors are used, the quantification shall involve specific emission factors.
Amendment 408 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
By … [3642 months from the date of entry into force of this Regulation] and by 301 Marchy every year thereafter, operators shall submit a report to the competent authorities containing direct measurements ofquantification of material source-level methane emissions for non de minimis sources operated assets referred to in paragraph 2, complemented by measureassessments of site- level methane emissions, if thereby allowing assessment and verification of the source- level estimates aggregated by sitese are material, confirmed by a representative sample of an alternative quantification method described by CEN standards for operated facilities with methane emissions exceeding [100 tonnes per year] according the reporting of the previous year. As long as no CEN standards provide adequate methodologies allowing such emission assessment methods, they can be performed on a voluntary basis. The competent authority shall authorize the assessment's scope and frequency, which should be based on prior experience with a risk-based methodology or a comparable approach.
Amendment 422 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 a (new)
Article 12 – paragraph 3 – subparagraph 1 a (new)
Operated assets listed in paragraph 2 with methane emissions above 100 tonnes per year shall be subject to the reporting obligation.
Amendment 423 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 b (new)
Article 12 – paragraph 3 – subparagraph 1 b (new)
To verify, support, and improve source- level quantification and the methods employed, source-level measurements at representative sources shall be included in the site-level evaluations.
Amendment 432 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 435 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 449 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1
Article 12 – paragraph 5 – subparagraph 1
Amendment 450 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1
Article 12 – paragraph 5 – subparagraph 1
Amendment 459 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point b
Article 12 – paragraph 6 – subparagraph 1 – point b
(b) data per detailed, individual, emission source type;
Amendment 461 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point c
Article 12 – paragraph 6 – subparagraph 1 – point c
(c) detailed information on the quantification methodologies employed to measure methane emissions;
Amendment 467 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point e
Article 12 – paragraph 6 – subparagraph 1 – point e
(e) share of ownership and metshanre emissions fromof non-operated assets multiplied by the share of ownership(percentage of ownership) in non- operated assets;
Amendment 474 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2
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 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).
Amendment 479 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 489 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. In the case of significant discrepancies, which cannot be attributed to the technologies, procedures, or environmental factors, between the emissions quantified using source-level methods and those resulting from site-level measurement, assessment and those resulting from alternative quantification methods, operators shall provide justification for the discrepancy,additional measurements shall be carried out within the same reporting period. or as soon as possible in the following reporting period.
Amendment 503 #
Proposal for a regulation
Article 12 – paragraph 9
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.
Amendment 513 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Operators shall take all measures available to themappropriate and reasonable mitigation measures to prevent and minimisze methane emissions in their operations.
Amendment 519 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
By … [36 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 surveysactivity to be carried out in accordance with the requirements in this Article and the CEN standard referred in [new] paragraph 1 or the corresponding Technical Specification document.
Amendment 530 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
The competent authorities may require the operator to amend the programme taking into account the requirements of this Regulation and the CEN standard or the corresponding CEN Technical specification document.
Amendment 536 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. To develop technical specifications, European standards, or harmonised European standards on leak detection and repair instruments and procedures, the Commission shall issue a mandate to the competent European standardization authority. Harmonized standards or parts of them that have had their references published in the European Union's Official Journal are assumed to be in compliance with this Article's requirements.
Amendment 541 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
By … [612 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.
Amendment 547 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every three months. in mid-stream sector will be for compressor station, underground storage LNG-Terminal every 6 months for a minimum leak size searched for of 400g/h and every 12 months of 20g/h. This latter case also applies to the regulating and metering station. For valve stations, leak detection and repair surveys in mid- stream sector will be every 24 months for a minimum leak size searched for of 20g/h. The leak detection and repair program for Distribution System Operators is designed using a performance-based methodology based on the leakage sensitivity of the material the pipelines are made of. Therefore, the surveys shall be repeated every 6 months in the case of grey cast iron, every 12 months in the case of asbestos, every 24 months in the case of ductile cast iron, every 36 months in the case of non protected steel and every 60 months in the case of polyethylene, PVC or protected steel (<= 16 bar). The inspection intervals described above represent the minimum for LDAR campaigns.The CEN standard will further specify and modify methodology for establishing inspection intervals, which can only result in shorter times between inspections than those listed above. Operators may use continuous monitoring systems instead of or in addition to leak detection and repair surveys if the competent authorities approve their use in the context of the leak detection and repair programme mentioned in paragraph 1 and in accordance with the elements outlined in Part 1 of Annex I.Through national/local pipeline integrity management regulations and guidelines, such as those defined in EN 1594, procedures are in place to prevent any leakage for protected steel > 16 bar. Incident related emissions such as third party damage are detected on occurence and repaired as soon as possible.
Amendment 564 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In carrying out the surveys, operators shall use devices that allow detection of loss of methane from components of 500 parts per million or morperiodic surveys or in using continuous monitoring, operators shall use detecting devices with the capability to detect the leak size corresponding to the relevant leaks searched for in the mid-stream table and [20g/h] for the downstream table. The type of equipment and methods to detect the associated leak size that must be collected shall be defined by the CEN standard. The competent authorities must validate the detecting devices included in the submitted LDAR program before the standard is available.
Amendment 594 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
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 operatorbut no later than thirty days. Where the repair referred to in the first subparagraph is not successful or possible due to safety, administrative, or technical considerations, the operators shall establish a repair and monitoring schedule for leaks above [20 g/h] no later than [30] days after detection. The repair and monitoring schedule referred to in the second subparagraph shall be set so that the found leakages are repaired without unnecessary delays can demonstrate that safety or technical considerations do not allow immediate action and provided operators establish a repair and monitoring scheduled the environmental impact is minimized, while respecting the safety, administrative and technical considerations. The detailed procedures to do so will be described in the CEN standard or corresponding technical specification document referred in [new paragraph 1].
Amendment 612 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3
Article 14 – paragraph 4 – subparagraph 3
Safety, administrative and technical considerations that do not allow immediate action, as referred to in the secondprevious subparagraphs, shall be limited to taking into account safety to personnel and, humans and objects in proximity, environmental impacts, concentration of methane loss, accessibility to component, availability of replacement of the component. Environmentalscheduled maintenance, significant deterioration of the gas supply, disproportionate impact considerations may include instances whereby repair could lead to a higher level of methane emissions than in the absence of the gas supply to end users, permitting processes requirement or required administrative authorization, accessibility to component, availability of parts necessary for the repair.
Amendment 622 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 4
Article 14 – paragraph 4 – subparagraph 4
Amendment 637 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Notwithstanding paragraph 2, operators shall surveycheck for leakage 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 outrepaired or replaced pursuant to paragraph 4, immediately and no later than 15 days thereafter to ensure that the repair was successfule months.
Amendment 667 #
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Amendment 680 #
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Venting and flaring shall only be allowed in the following situations:
Amendment 685 #
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) in case of an emergency, incidents or malfunction or where impacting safety or security of supply; and
Amendment 693 #
Proposal for a regulation
Article 15 – paragraph 2 – point b a (new)
Article 15 – paragraph 2 – point b a (new)
(b a) if the implementation of the corresponding mitigation measures is not prioritized in the mitigation plan described in article 13.
Amendment 695 #
Proposal for a regulation
Article 15 – paragraph 2 – point b b (new)
Article 15 – paragraph 2 – point b b (new)
(b b) If vents are smaller than 50kg of methane per vent;
Amendment 698 #
Proposal for a regulation
Article 15 – paragraph 2 – point b c (new)
Article 15 – paragraph 2 – point b c (new)
(b c) environmental impact of mitigation measures is higher than the benefit.
Amendment 707 #
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Venting and flaring under point (b) of paragraph 2 shall include the following specific situations where venting or flaring cannot be completely eliminated:
Amendment 721 #
Proposal for a regulation
Article 15 – paragraph 3 – point d
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 and storage tank breathers;
Amendment 725 #
Proposal for a regulation
Article 15 – paragraph 3 – point e
Article 15 – paragraph 3 – point e
(e) during repair and maintenance, test procedures including blowing down, purging and depressurizing equipment to perform repair and maintenance;
Amendment 729 #
Proposal for a regulation
Article 15 – paragraph 3 – point i
Article 15 – paragraph 3 – point i
Amendment 732 #
Proposal for a regulation
Article 15 – paragraph 3 – point j
Article 15 – paragraph 3 – point j
(j) during (re)commissioning of pipelines, facility equipment or facilitiegas storage wells, only for as long as necessary to purge introduced impurities from the pipeline or equipment;
Amendment 738 #
Proposal for a regulation
Article 15 – paragraph 3 – point k a (new)
Article 15 – paragraph 3 – point k a (new)
(k a) Vents from isolation valves used for segmentation of pipelines or compressor station isolation and emergency shutdown system.
Amendment 743 #
Proposal for a regulation
Article 15 – paragraph 3 – point k a (new)
Article 15 – paragraph 3 – point k a (new)
(k a) during work on a borehole/well during surveys or safety test;
Amendment 744 #
Proposal for a regulation
Article 15 – paragraph 3 – point k b (new)
Article 15 – paragraph 3 – point k b (new)
(k b) Vents for elimination of blockage by gas hydrates in storage facilities.
Amendment 747 #
Proposal for a regulation
Article 15 – paragraph 3 – point k b (new)
Article 15 – paragraph 3 – point k b (new)
(k b) during work for well (re-) completions;
Amendment 748 #
Proposal for a regulation
Article 15 – paragraph 3 – point k c (new)
Article 15 – paragraph 3 – point k c (new)
(k c) for the operation of a hydraulic workover unit at a borehole;
Amendment 749 #
Proposal for a regulation
Article 15 – paragraph 3 – point k d (new)
Article 15 – paragraph 3 – point k d (new)
(k d) for safeguarding hazardous areas for test and safety reasons;
Amendment 750 #
Proposal for a regulation
Article 15 – paragraph 3 – point k e (new)
Article 15 – paragraph 3 – point k e (new)
(k e) for the dissolution of hydrate plugs;
Amendment 751 #
Proposal for a regulation
Article 15 – paragraph 3 – point k f (new)
Article 15 – paragraph 3 – point k f (new)
(k f) produced water degassing and the release of dissolved hydrocarbon gas in produced water as the pressure is reduced from separator operating conditions to atmospheric pressure;
Amendment 752 #
Proposal for a regulation
Article 15 – paragraph 3 – point k g (new)
Article 15 – paragraph 3 – point k g (new)
(k g) venting of hydrocarbon gas at the export meter from the gas chromatograph, which is required to ensure compliance with pipeline export specifications and transport agreements);
Amendment 753 #
Proposal for a regulation
Article 15 – paragraph 3 – point k h (new)
Article 15 – paragraph 3 – point k h (new)
(k h) produced water, condensate or hydrocarbon gas sampling which requires some venting activity to ensure a representative sample, or to ensure that the sample is at atmospheric pressure for safe transport;
Amendment 754 #
Proposal for a regulation
Article 15 – paragraph 3 – point k i (new)
Article 15 – paragraph 3 – point k i (new)
(k i) MEG storage tanks which hold returning fluid from the hydrocarbon systems or compressor secondary seals;
Amendment 755 #
Proposal for a regulation
Article 15 – paragraph 3 – point k j (new)
Article 15 – paragraph 3 – point k j (new)
(k j) periodic or continuous venting from gas annuli in the event of corrosion / loss of containment of the well annuli to ensure the pressure remains below design conditions until well intervention work can be completed;
Amendment 756 #
Proposal for a regulation
Article 15 – paragraph 3 – point k k (new)
Article 15 – paragraph 3 – point k k (new)
(k k) flaring and venting by depressurization of pipeline for unplanned shutdowns, where required to avoid hydrate formation (if hydrates are allowed to form, the only means of removing the hydrate from the pipeline is to depressurize the system either by flaring, if available, or venting);
Amendment 757 #
Proposal for a regulation
Article 15 – paragraph 3 – point k l (new)
Article 15 – paragraph 3 – point k l (new)
(k l) when a gas mixture is vented or flared that is off specifications, as a result of the gas processing;
Amendment 758 #
Proposal for a regulation
Article 15 – paragraph 3 – point k m (new)
Article 15 – paragraph 3 – point k m (new)
(k m) vents from isolation valves used for segmentation of pipelines or compressor station isolation and emergency shutdown system;
Amendment 759 #
Proposal for a regulation
Article 15 – paragraph 3 – point k n (new)
Article 15 – paragraph 3 – point k n (new)
(k n) during activities under cessation and decommissioning;
Amendment 760 #
Proposal for a regulation
Article 15 – paragraph 3 – point k o (new)
Article 15 – paragraph 3 – point k o (new)
(k o) in all justified situations to be reported to and agreed by the competent authority;
Amendment 761 #
Proposal for a regulation
Article 15 – paragraph 4
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, where risks endangering safety of operations or personnel, where recovery of the gas into the process and flare systems leads to more GHG emissions, where flaring is not technically feasible, where risks endangering safety of operations or personnel, where the venting operations result in less than X kg methane emissions per year, when the competent authority requires venting as opposed to flaring in view of nature protection (e.g. bird migration), when flaring is not allowed by other legal obligations. 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 770 #
5. Flaring shall only be allowed where either re-injection, or utilisation on-site or dispatch of the methane are not technically feasible or risks endangering safety of operations or personnel or security of supply. In specific case of routine flaring in production sites, it 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 situations, as part of the reporting obligations set out in Article 16.2, 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.
Amendment 776 #
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. Where implementing venting or flaring provisions leads to an abatement efficiency lower than the reference values set by ACER as per Article 34 of this Regulation, the operators must minimize the vented emissions by available efficient means and include the justification in the report according to Article 17.
Amendment 785 #
Proposal for a regulation
Article 15 – paragraph 5 c (new)
Article 15 – paragraph 5 c (new)
5 c. Where a site is built, replaced in whole or in part or refurbished, the new or renovated equipment or components should be installed to avoid/minimise venting and flaring according to relevant technology European Standards.
Amendment 786 #
Proposal for a regulation
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
Amendment 801 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a
Article 16 – paragraph 1 – subparagraph 1 – point a
(a) of more than [5000 kg] of methane caused by an incident, emergency or a malfunction;
Amendment 804 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
Article 16 – paragraph 1 – subparagraph 1 – point b
Amendment 812 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The notification referred to in the first subparagraph shall be made without delay after the event and at the latest within 48 hours from the start of the event. The requirements applicable for this notification will be in accordance to national or local legislation regarding notification of incidents, emergencies or othe moment the operator became aware of it. r unusual occurrences, when already existing.
Amendment 819 #
Proposal for a regulation
Article 17 – paragraph 1
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 hydrocarbonsmeant to replace flares are installed, replaced or refurbished, operators shall install only combustion devices with at least 98% destruction removal efficiency for hydrocarbons or applicable national standard appropriate to the situation.
Amendment 880 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. As regards sSurface coal mines, mine operators shall use deposit-specific coal mine methane emission factors to quantify emissions resulting from mining operations. Mine operatcomply with the requirements of this chapter by applying deposit-specific, average national emission factors according to national reports shall establish those emission factors on a quarterly basis, in accordance with appropriate scientific standards and take into acprepared for the UNFCCC. These factors shall be based on maximum methane count methane emissions from surrounding strataent levels of the coal.
Amendment 931 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
Methane concentration measurements shall be taken in accordance with appropriate scientific standards and at least on an hourly basis from all elements listed in part 1(vi) of Annex VII which were found to emit methane. If measurements do not show any emissions for three consecutive years, no further action shall be taken.
Amendment 946 #
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2
Article 25 – paragraph 3 – subparagraph 2
The reports shall cover the last available calendar year and include the elements set out in Part 3 of Annex VII. This is not necessary if a control mechanism has already been established with the competent authorities.
Amendment 947 #
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 3
Article 25 – paragraph 3 – subparagraph 3
Amendment 972 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 a (new)
Article 27 – paragraph 1 – subparagraph 1 a (new)
When importers fail to provide the information requested in Annex VIII, they shall prove to the importing Member States' competent authorities that every effort was made to obtain the information.
Amendment 997 #
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3 a. The importer may use a representative to carry out the obligations listed in paragraph 1; however, if the importer is not based on the Union's customs territory, the appointment of a representative is required.
Amendment 1119 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 2
Annex VII – Part 1 – paragraph 1 – point v – point 2
2) unused vent pipes , if not part of safety infrastructure.
Amendment 1122 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 4
Annex VII – Part 1 – paragraph 1 – point v – point 4
Amendment 1124 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 5
Annex VII – Part 1 – paragraph 1 – point v – point 5
Amendment 1139 #
Proposal for a regulation
Annex VIII – paragraph 2 – point i
Annex VIII – paragraph 2 – point i
(i) Where exporters or producers can be clearly identified, the name and address of exporter and, if different from exporter, name and address of producer;
Amendment 1144 #
Proposal for a regulation
Annex VIII – paragraph 2 – point iii
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), where provided in such report. The method of quantification (such as UNFCCC tiers or OGMP levels) employed in the reporting must should be specified for each type of emissions;
Amendment 1147 #
Proposal for a regulation
Annex VIII – paragraph 2 – point iv
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, relevant reports from leak detection and repair surveys and from venting and flaring events with respect to the last available calendar year;