59 Amendments of Martin HOJSÍK related to 2021/0423(COD)
Amendment 69 #
Proposal for a regulation
Recital 7
Recital 7
(7) In this context, this Regulation should apply to the reduction of methane emissions in oil and fossil gas upstream exploration and production, fossil gas gathering and processing, gas transmission, distribution, underground storage and liquid fossil gas (LNG) terminals, as well as to petrochemicals, operating underground and surface coalmines, closed and abandoned underground coal mines.
Amendment 90 #
Proposal for a regulation
Recital 14
Recital 14
(14) In light of the proximity of some methane emission sources to urban or residential areas, natural or legal persons harmed by breaches of this Regulati and the impacts of the methane emissions on the climate and air quality, natural or legal persons should be able to lodge duly substantiated complaints of possible breaches of this Regulation with the competent authorities. Complainants should be kept informed of the procedure and decisions taken and should receive a final decision within a reasonable time of lodging the complaint.
Amendment 104 #
Proposal for a regulation
Recital 27
Recital 27
(27) The OGMP 2.0 framework has five levels of reporting. Source-level reporting begins at level 3, which is considered comparable with UNFCCC tier 3. It allows generic emission factors to be used. OGMP 2.0 level 4 reporting requires direct measurements of source-level methane emissions. It allows the use of specific emission factors. OGMP 2.0 level 5 reporting requires the addition of complementary site-level measurements. In addition, the OGMP 2.0 framework requires companies to report direct measurements of methane emissions within three years of joining OGMP 2.0 for operated assets and within five years for non-operated assets. Building on the approach and timeline taken in OGMP 2.0 with regard to source-level reporting and taking into account that a large number of Union companies had already signed up to OGMP 2.0 in 2021, Union operators should be required to deliver direct source-level measurements of their emissions within 124 months for operated assets and within 36 months for non-operating assets. In addition to source level quantification, site- level quantification allows assessment, verification and reconciliation of source- level estimates aggregated by site, thereby providing improved confidence in reported emissions. As in OGMP 2.0, this Regulation requires site-level measurements to reconcile source-level measurements.
Amendment 129 #
Proposal for a regulation
Recital 51
Recital 51
(51) The Union is dependent on imports for 70% of its hard coal consumption, 97% of its oil consumption, and 90% of its fossil gas consumption, therefore most methane emissions associated with EU´s consumption of fossil fuels occur outside the EU. There is no precise knowledge on the magnitude, origin or nature of methane emissions linked to fossil energy consumed in the Union but occurring in third countries. The Methane Regulation therefore provides for set up of robust independent methodology to assess the compliance or regulatory equivalence of imports with EU requirements in the future.
Amendment 147 #
Proposal for a regulation
Recital 61
Recital 61
(61) In combination, the measures referred to in Recitals 58 to 60 should enhance transparency for buyers, enabling them to make informed sourcing decisions and improve the possibility of wider uptake of methane mitigation solutions across the globe. In addition, they should further incentivise international companies to sign up to international methane measurement and reporting standards such as OGMP or to adopt effective measurement, reporting and mitigation measures. These measures are designed as the basis for a stepwise approach to increase the level of stringency of the measures applicable to imports. The Commission should thus be empowered to amend or add to the reporting requirements of importers. Furthermore, the Commission should evaluate the implementation of those measures and, if it deems appropriate, submit proposals for reviewby 36 months submit proposals of implementing acts to impose more stringent measures on importers and to ensure a comparable level of effectiveness of measures applicable in third countries to monitor, report, verify and mitigate methane emissions. The evaluation should take into account the work undertaken by the IMEO, including the Methane Supply Index, the transparency database and the global methane emitter monitoring tool. Should the Commission find it appropriate to increase the level of stringency of the measures applicable to imports, it is of particular importance that the Commission carries out appropriate consultations during its preparatory work including consulting relevant third countries.
Amendment 158 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for the accurate measurement, 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 and restrictions on venting and flaring. This Regulation also lays down rules on tools ensuring transparency of methane emissions from imports of fossil energy into the Union.
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) petrochemicals
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18 a) ‘leak’ means the unintended release of methane from a piece of equipment that is not designed to emit methane or that is abnormal, including release caused by malfunction of a component;
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 b (new)
Article 2 – paragraph 1 – point 18 b (new)
(18 b) ‘component’ means a piece of equipment that has the potential to emit emissions of methane or VOC;
Amendment 210 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘generic emission factor’ means a standardised emission factor for each type of emission source which is derived from inventories or databases, but in any case not verified through direct measurements at specific facility;
Amendment 226 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘leak detection and repair survey’ means a survey with an instrument, such as optical gas imaging camera, continuous point sensing or other advanced technology and with a quantified minimum detection limit and confidence bound, to identify sources of methane emissions, including leaks and unintentional ventingmalfunction;
Amendment 231 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘venting’ means the release of uncombusted methane into the atmosphere either intentionally from processes, activities or devices designed for such a purpose, or unintentionally in the case of a malfunction or geological constraints;
Amendment 278 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Commission shall make a list of the competent authorities publicly available and shall regularly update that list upon receiving a notification of any changes from Member States.
Amendment 285 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The competent authorities shall cooperate with each other and with the Commission and as necessary with authorities of third countries, in order to ensure compliance with this Regulation. The Commission mayshall set up a network of competent authorities to foster cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations.
Amendment 302 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Where an inspection has identified a serious breach of the requirements of this Regulation, the competent authorities shall issue a notice of remedial actions to be undertaken by the operator or mine operator within a set deadline, as part of the report referred to in paragraph 5.
Amendment 305 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. After the first inspection referred to in paragraph 1, the competent authorities shall draw up programmes for routine inspections. The period between inspections shall be based on an appraisal of the environmental risk, including assessment of cumulative impacts of all methane emissions as a pollutant, and shall not exceed two years. Where an inspection has identified a serious breach of the requirements of this Regulation, the subsequent inspection shall take place within one year6 months.
Amendment 314 #
Proposal for a regulation
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) to investigate substantiated complaints referred to in Article 7 and occurrences of non-compliance as soon as possible and no later than 3 months after the date the competent authorities become aware of such complaints or non- compliance;
Amendment 323 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any natural or legal person which considers that ito hasve suffered injury as a resulticient evidence of a breach of the requirements of this Regulation by operators or mine operators, may lodge a written complaint with the competent authorities.
Amendment 334 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The complaints shall be duly substantiated and contain sufficient evidence of the alleged breach and of the injury resulting therefrom.
Amendment 340 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Without prejudice to the rules applicable pursuant to national law and on the basis of comparable procedures, the competent authorities shall establish and make publicly available indicative periods to take a decision on complaints, consistently with the objective of giving the public concerned wide access to justice and in conformity with the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.
Amendment 360 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Verifiers mayshall conduct site checks to determine the reliability, credibility and accuracy of the data sources and methodologies used.
Amendment 365 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 3
Article 8 – paragraph 3 – subparagraph 3
Where the assessment concludes that the emissions report does not comply with the requirements of this Regulation, the verifiers shall inform the operator or the mine operator thereof and the operator or the mine operator shall submit a revised emissions report to the verifier without delay and no later than within a month.
Amendment 384 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By … [12 months from the date of entry into force of this Regulation], and by 30 March every year thereafter, operators shall submit a report to the competent authorities containing direct measurement of source- level methane emissions estimated using generic but source-specific emission factors for allfor operated and non-operated assets complemented by measurements of site- level methane emissions, thereby allowing assessment and verification of the source- level estimates aggregated by site. Reporting at such level may involve the use of source-level measurement and sampling as the basis for establishing specific emission factors used for emissions estimation. Measurements referred to in this article must include quantification of intermittent or persistent emission sources in order to ensure accurate calculation of annual emissions from the sources.
Amendment 397 #
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] and by 30 March every year thereafter, operators shall also submit a report to the competent authorities containing updated direct measurements of source-level methane emissions for operated assets. Reporting at such level may involve the usend non-operated assets referred to in paragraph 2, complemented by measurements of sourcite- level measurement and sampling as the basis for establishing specific emission factors used for emissions estimationthane emissions of every site within their operation, thereby allowing assessment and verification of the source- level estimates aggregated by site.
Amendment 407 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 427 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
The Commission shall, as appropriate, set out the requirements for sampling methodology referred to in paragraphs 1 and 2 by the 31 December 2023.
Amendment 428 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 b (new)
Article 12 – paragraph 3 – subparagraph 2 b (new)
Amendment 431 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 445 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 476 #
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, 41 and 52. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2).
Amendment 485 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. For site-level measurements referred to in paragraphs 3 and 52, appropriate quantification technologies shall be used which can provide such measurements.
Amendment 494 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. In the case of significant discrepancies between the emissions quantified using source-level methods and those resulting from site-level measurement, additional measurements shall be carried out within the same reporting period, including where appropriate by a device with lower detection limit. The source-level inventory shall be updated accordingly.
Amendment 509 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Operators shall take all measures available to them to prevent and minimise methane emissions in their operations. The oil and gas assets should reach within 3 years of the date of entry into force of this Regulation performance standard of 0,2 % methane emissions intensity of overall quantities of oil and gas imported into or extracted within the EU.
Amendment 523 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
By … [3 months from the date of entry into force of this Regulation], operators shall submit a leak detection and repair programme to the competent authorities which shall detail the contents of the surveys to be carried out in accordance with the requirements in this Article. For the underground gas distribution line, the operator can upon agreement with the competent authorities, provided that the methane emissions leak is negligible and accessibility do not allow to follow the provisions of this Article, agree on a different frequency of the leak detection and repair programme.
Amendment 562 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 588 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
Operators shall repair or replace all components found to be emitting 500 parts per million or more of methane.
Amendment 604 #
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 firstis subparagraph shall take place immediately after detection, or as soon as possible thereafter but no later than five days after detection, provided operators can demonstrate that safety or technical considerations do not allow immediate action and provided operators establish a repair and monitoring schedule.
Amendment 634 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Notwithstanding paragraph 2, operators shall re-survey components that were found to be emitting 500 parts per million or more of methane during any of the previous surveysleaking methane as soon as possible after the repair carried out pursuant to paragraph 4, and no later than 15 days thereafter to ensure that the repair was successful. Competent authorities can consider the leaks repaired when an infra-red camera does not detect emissions or when an instrument does not detect a concentration of hydrocarbons above 500 ppm. When continuous point sensing technologies are used, the repair is determined to be validated if no emissions are detected following the repair.
Amendment 647 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
Notwithstanding paragraph 2, operators shall survey components that were found to be emitting below 500 parts per million of methaneand were not repaired due to application of an exception listed in paragraph 4, no later than three months after the emissions were detected, to check whether the size of loss of methane has changedtuation has changed. Where a higher risk to safety or a higher risk of methane losses is identified, the competent authorities may recommend that surveys of the relevant components take place more frequently.
Amendment 655 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 3
Article 14 – paragraph 5 – subparagraph 3
Where a higher risk to safety or a higher risk of methane losses is identified, the competent authorities may recommendshall request that surveys of the relevant components take place more frequently.
Amendment 676 #
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 710 #
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 includebe limited to the following specific situations where ventingit cannot be completely eliminated:
Amendment 713 #
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) during normal operations of certain components designed to vent, such as pneumatic devices and pumps, compressors, atmospheric pressure storage tanks or other components designed to vent, provided that the equipment meets all the specified equipment standards and it is properly maintained and regularly inspected to minimise methane losses;
Amendment 774 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Flaring shall only be allowed where either re-injection, utilisation on-site, gas processing, or dispatch of the methane to a market are not feasible for reasons other than economic considerations. In such a situation, as part of the reporting obligations set out in Article 16, operators shall demonstrate to the competent authorities the necessity to opt for flaring instead of either re-injection, utilisation on- site or dispatch of the methane to a market.
Amendment 775 #
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. By [12 months from the date of entry into force of this Regulation], the Commission shall adopt, and regularly update, delegated acts in accordance with Article 31 to supplement this Regulation by setting out technology standards for equipment in order to reduce methane emissions from venting and flaring. The regular update should ensure replacement of equipment that vents by non-venting alternatives as soon as possible.
Amendment 784 #
Proposal for a regulation
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5 b. Where a site is built, replaced or refurbished in whole or in a part, operators shall utilise only zero-emitting pneumatic controllers and pumps.
Amendment 843 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. By … [18 months of the date of entry into force of this Regulation], equipment for measurement of methane emissions shall be installed on all inactive wells, except those that have been permanently plugged in accordance with regulatory requirements of the relevant competent authorities.
Amendment 855 #
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1
Article 18 – paragraph 6 – subparagraph 1
Member States shall develop and implementby [12 months from the date of entry into force of this Regulation] a mitigation plan to remediate, reclaim and permanently plug inactive wells located in their territory. The implementation should take place by [24 months from the date of entry into force of this Regulation].
Amendment 952 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
On the basis of the inventory referred to in Article 25, Member States shall develop and implementby [1 years from the date of entry into force of this Regulation] a mitigation plan to address methane emissions from abandoned coal mines. The Member States shall implement it by [2 years from the entry into force of this Regulation].
Amendment 993 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2
Article 27 – paragraph 3 – subparagraph 2
Amendment 1000 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. By … [18 months after the date of entry into force of the Regulation] the Commission shall establish and maintain a methane transparency database, organised at least by countries, companies and quantities of gas, coal and oil imported, containing the information submitted to it pursuant to Article 27 and Articles 12(11), 16(3), 18(4), 20(7), 23(2) and 25(5).
Amendment 1006 #
Proposal for a regulation
Article 28 – paragraph 2 – point b – point iii a (new)
Article 28 – paragraph 2 – point b – point iii a (new)
(iii a) whether it has signed the Global Methane Pledge
Amendment 1060 #
Proposal for a regulation
Annex I – paragraph 2 – point iii
Annex I – paragraph 2 – point iii
(iii) For components found to be emitting 500 parts per million or more of methaneat or above the thresholds set out in Article 14, indication of whether repair was undertaken during the LDAR survey and if not why, taking into account the requirements as regards what elements can be taken into account for a delayed repair, as per Article 14, paragraph 4.
Amendment 1066 #
Proposal for a regulation
Annex I – paragraph 2 – point iv
Annex I – paragraph 2 – point iv
(iv) For components found to be emitting 500 parts per million or more of methaneat or above the thresholds set out in Article 14, planned repair schedule indicating planned date of repair,
Amendment 1073 #
Proposal for a regulation
Annex I – paragraph 2 – point v
Annex I – paragraph 2 – point v
(v) For components found to be emitting less than 500 parts per millionbelow the thresholds set ou in Article 14 in previous LDAR survey, but found to be emitting 500 parts per million or moreat or above such shtresholds of methane during post LDAR monitoring to check whether the size of loss of methane has evolved, indication whether repair was undertaken immediately and if not, why not (as per iii), and planned repair schedule indicating planned date of repair.
Amendment 1078 #
Proposal for a regulation
Annex I – paragraph 5 – point iii
Annex I – paragraph 5 – point iii
(iii) For components found to be emitting 500 parts per million or more of methaneat or above the thresholds set out in Article 14, results of monitoring after repair to check if repair was successful
Amendment 1086 #
Proposal for a regulation
Annex I – paragraph 5 – point iv
Annex I – paragraph 5 – point iv
(iv) For components found to be emitting less than 500 parts per million of methanebelow the thresholds set out in Article 14, results of post LDAR monitoring to check whether the size of loss of methane has evolved and recommendation on the basis of finding.
Amendment 1090 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Approval of continuous monitoring For the purposes of the approval by the competent authorities of the use of continuous monitoring systems according to Article 14 of this Regulation, operators must provide the following: (i) the continuous monitoring device manufacturer information; (ii) the leak detection capabilities, reliability, and limitations of the continuous monitoring system, including, but not limited to, the ability to identify specific leaks or locations, detection limits, and any restrictions on use, as well as supporting data; (iii) a description of where, when, and how the continuous monitoring system will be used; (iv) documentation adequate to demonstrate the continuous monitoring system is as effective at reducing emissions as the quarterly surveys set out in Article 14.
Amendment 1091 #
Proposal for a regulation
Annex II – paragraph 1 – point ii
Annex II – paragraph 1 – point ii
(ii) location, name and type of asset;