66 Amendments of Simona BALDASSARRE related to 2021/0423(COD)
Amendment 184 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9 b) ‘site’ means the geographical location of the facility;
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ’component’ means any single technical equipment or device of an asset at a site/facility;
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 c (new)
Article 2 – paragraph 1 – point 9 c (new)
(9 c) ‘facility’ means one or more installations on the same site that are operated by the same natural or legal person;
Amendment 207 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘emission factor’ means a coefficient that quantifies the average emissions or removals of a gas per unit activity, which is often based on a sample of measurement data, averaged to develop a representative rate of emission for a given activity level under a given set of operating conditions;
Amendment 212 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘specific emission factor’ means an emission factor derived from direct measurementsfor a type of emission source based on direct measurements, sampling or detailed quantification methods specific to the type of emission source;
Amendment 218 #
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 228 #
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 to identify sources ofprogramme’ means activities of an operator of assets to detect unplanned methane emissions, including, leaks and unintentional venting, and to repair and/or replace leaking components;
Amendment 254 #
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 262 #
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 355 #
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, verifiers shall use free and publicly available European or international standards for methane emissions quantification as made applicable by the Commission in accordance with paragraph 5this Regulation. Until such date where the applicability of those standards is determined by the Commission, verifiers shall use existing European or international standards for quantification and verification of greenhouse gas emissionsindustry best practices and guidelines for methane emissions quantification.
Amendment 390 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 402 #
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 412 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
By … [36 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 measurementsquantification of source-level methane emissions for non-de-minimis sources operated assets referred to in paragraph 2, complemented by measurements of site- level methane emissions,nfirmed by a representative sample of an alternative/different quantification method described by CEN standards for operated facilities with methane emissions exceeding [100 tonnes per year] according the reby allowing assessment and verification of the source- level estimates aggregated by site. porting 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 assessment scope and frequency shall be based on experience using a risk-based approach or similar and shall be approved by the competent authority.
Amendment 433 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 447 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1
Article 12 – paragraph 5 – subparagraph 1
Amendment 454 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
Amendment 460 #
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 463 #
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 466 #
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 469 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point f
Article 12 – paragraph 6 – subparagraph 1 – point f
Amendment 472 #
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). [Until the adoption of the relevant implementing acts, operators shall use the technical guidance documents and reporting templates of the Oil and Gas Methane Partnership 2.0, for upstream and for mid and downstream operations, as applicable.]
Amendment 481 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 514 #
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 minimise methane emissions in their operations.
Amendment 521 #
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 533 #
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 535 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. The Commission shall issue a mandate to the European standardisation body concerned to establish technical specifications, European standards or harmonised European standards on leak detection and repair instruments and methodologies. Harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in this Article.
Amendment 545 #
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 outinitiate a survey of all relevant components under their responsibility in accordance with the leak detection and repair programme referred in paragraph 1.
Amendment 546 #
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. will be conducted on the basis of sectoral differentiation, with frequencies and minimum detection thresholds different for the upstream, midstream and downstream gas sector. In midstream sector: a) compressor stations, underground storage LNG-terminals will be surveyed every 6 months, searching for a minimum leak size of 400g/h and every 12 months for a minimum leak size of 20 g/h. b) regulating and metering stations will be surveyed every 12 months searching for a minimum leak size of 20 g/h. c) valve stations will be surveyed every 24 months searching for a minimum leak size of 20g/h. LDAR campaigns at the distribution level will follow a performance-based approach setting inspection intervals consistent with the sensitivity to leakage of the material that constitute the network: a) grey cast iron networks will be surveyed every 6 months; b) asbestos networks will be surveyed every 12 months; c) ductile cast iron networks will be surveyed every 24 months; d) non protected steel networks will be surveyed every 36 months; e) polyethylene, PVC or protected steel (<=16 bar) networks will be surveyed every 60 months. These inspection frequencies represent the minimum for LDAR campaigns.The CEN will further specify and adopt the methodologies for inspection intervals, eventually reducing the periods between inspections. Operators may use continuous monitoring systems instead of or in addition to LDAR investigations if the competent authorities approve their use in the context of the LDAR 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 occurrence and repaired as soon as possible.
Amendment 563 #
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 moreperiodic surveys or in using continuous monitoring, operators shall use dectecting 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 CEN standard should define the type of device and methodology to detect the related leak size that has to be captured as mentioned in the tables above. Before the standard is available, the competent authorities shall validate the detection devices within the submitted LDAR program.
Amendment 587 #
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 595 #
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 operators can demonstrate that safety or technical considerations do not allow immediate action and provided operators establish a repair and monitoring schedule. for a first attempt but 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 and 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 607 #
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 second and third subparagraph, shall be limited to taking into account: (a) safety to personnel and humans in proximity, environmental impacts, concentration of methane loss,humans and objects in proximity; (b) scheduled maintenance; (c) significant deterioration of the gas supply; (d) disproportionate impact on the gas supply to end users; (e) permitting processes requirement or required administrative authorization; (f) accessibility to component,; (g) availability of replacement of the componentparts necessary for the repair. Environmental impact considerations may include instances whereby repair could lead to a higher level of methanegreenhouse gas emissions than in the absence of the repair.
Amendment 621 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 4
Article 14 – paragraph 4 – subparagraph 4
Amendment 639 #
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 45, andimmediately if possible but no later than 15 days thereafter to ensure that the repair was successfule months.
Amendment 645 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
Amendment 654 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 3
Article 14 – paragraph 5 – subparagraph 3
Amendment 660 #
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 1
Article 14 – paragraph 6 – subparagraph 1
Without prejudice to the reporting obligations pursuant to paragraph 78, operators shall record all identified leaks, irrespective of their size, and shall continually survey them to ensure that they are repaired in accordance with paragraph 4.
Amendment 665 #
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Amendment 677 #
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 687 #
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 696 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. c) if vents are smaller than 50 kg of methane per event;
Amendment 699 #
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. environmental impact of mitigation measures is higher than the benefit.
Amendment 703 #
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, as applicable, cannot be completely eliminated:
Amendment 715 #
(a) during normal operations of certain components including but not limited to pneumatic controllers, sampling for measurement devices and dry gas seals, provided that the equipment meets all the specified equipment standards and it is properly maintained and regularly inspected to minimise methane losses;
Amendment 720 #
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 727 #
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 731 #
Proposal for a regulation
Article 15 – paragraph 3 – point i
Article 15 – paragraph 3 – point i
(i) (i) where methane does not meet the gathering pipeline specifications, provided the operator analyses methane samples twice per week to determine whether the specifications have been achieved and routes the methane into a gathering pipeline as soon as the pipeline specifications are metn a mixture is vented that is off specifications, as a result of the gas processing;
Amendment 734 #
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 740 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. (m) vents from isolation valves used for segmentation of pipelines or compressor station isolation and emergency shutdown system;
Amendment 746 #
Proposal for a regulation
Article 15 – paragraph 3 b (new)
Article 15 – paragraph 3 b (new)
3 b. vents for elimination of blockage by gas hydrates in storage facilities.
Amendment 763 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where venting is allowed pursuant to paragraphs 2 (b) and 3, operators shall vent only in the following cases: (a) where flaring is not technically feasible or; (b) where risks endangering safety of operations or personnel.; (c) 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 771 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
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 777 #
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 Article34 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 787 #
Proposal for a regulation
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5 b. Where implementing venting or flaring provisions requires an approval of relevant authorities, permitting, procuring, sufficient availability of appropriate equipment on the market and installing new equipment, operators shall proceed at the fastest possible schedule. The competent authorities may request the details of the schedule and request modifications. For venting and flaring events that happen during the implementation period the competent authorities shall waive the penalties arising from Article 30.
Amendment 791 #
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 802 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a
Article 16 – paragraph 1 – subparagraph 1 – point a
(a) of more than [5,000 kg] of methane caused by an incident, emergency or a malfunction;
Amendment 805 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
Article 16 – paragraph 1 – subparagraph 1 – point b
Amendment 811 #
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 any unnecessary 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 itr unusual occurrences, when already existing.
Amendment 815 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Operators shall submit to the competent authorities quarterly reports of allinformation on venting and flaring events referred to in paragraph 1 and in Article 15 in accordance with the elements set out in Annex II, as part of each report referred to in Article 12.
Amendment 901 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Venting and flaring with a destruction and removal efficiency below 98% of methane from drainage stations shall be prohibited from [1 January 2025], except in the case of an emergency, risks to safety, a malfunction or where unavoidable and strictly necessary for maintenance. In such cases, drainage station operators shall vent only if flaring is not technically feasible or risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 23, drainage station operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.
Amendment 907 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Venting of methane through a mine ventilation shafts in coal mines emitting of more than 0.58 tonnes of methane/kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 2027.
Amendment 915 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. By … [tThree years from the date of entry into force of this Regulation]when coking coal is not classified as a critical raw material, the Commission shall adopt a delegated act in accordance with Article 31 to supplement this Regulation by setting out restrictions on venting methane from ventilation shafts for coking coal mines.
Amendment 1137 #
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 1141 #
Proposal for a regulation
Annex VIII – paragraph 2 – point ii
Annex 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 and, only for imports by pipelines, countries and 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;
Amendment 1143 #
Proposal for a regulation
Annex VIII – paragraph 2 – point iii
Annex VIII – paragraph 2 – point iii
(iii) as regards oil and fossil gas, and if the importer has access to this information, 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, including 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 1146 #
Proposal for a regulation
Annex VIII – paragraph 2 – point iv
Annex VIII – paragraph 2 – point iv
(iv) as regards oil and gas, and if the importer has access to this information, 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;