BETA

102 Amendments of András GYÜRK related to 2021/0423(COD)

Amendment 65 #
Proposal for a regulation
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 operating underground and surface coalmines, closed and abandoned underground coal mines. This regulation must be proportionate to the objective to be achieved and must take into consideration the different starting points of Member States in the energy transition.
2022/10/24
Committee: ENVIITRE
Amendment 79 #
Proposal for a regulation
Recital 9
(9) Compliance with the obligations under this Regulation is likely to require investments by regulated operators and the costs associated with such investments should be taken into account in tariff setting, subject to efficiency principles. Additional support should be made available in form of EU-grants or state aid in order to ease the indirect burdens of consumers.
2022/10/24
Committee: ENVIITRE
Amendment 89 #
Proposal for a regulation
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 Regulation should be able to lodge duly substantiated complaints with the competent authorities in so far as measures applicable in accordance with respective national laws. 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.
2022/10/24
Committee: ENVIITRE
Amendment 93 #
Proposal for a regulation
Recital 15
(15) A robust verification framework can improve the credibility of reported data. In addition, the level of detail and technical complexity of methane emissions measurements requires proper verification of methane emissions data reported by operators and mine operators. While self- verification is possible, third party verification ensures greater independence and transparency. In addition, it allows for a harmonized set of competences and level of expertise that may not be available to all public entities. Verifiers should be accredited by accreditation bodies in accordance with Regulation (EC) 765/2008 of the European Parliament and of the Council20 . Independent accredited verifCompetent authoritiers should thus ensure that emissions reports prepared by operators and mine operators are correct and in compliance with the requirements set out in this Regulation. They should review the data in the emissions reports to assess their reliability, credibility and accuracy against free and publicly available European or international standards developed by independent bodies and made applicable by the Commission. The Commission should thus be empowered to adopt delegated acts for the purpose of incorporating and setting out the applicability of such European or international standards. Verifiers are separate from competent authorities and should be independent from the operators and mine operators, who should provide them with all assistance necessary to enable or facilitate the performance of the verification activities, notably as regards access to the premises and the presentation of documentation or records. _________________ 20 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008).
2022/10/24
Committee: ENVIITRE
Amendment 120 #
Proposal for a regulation
Recital 39
(39) Operators should notify major venting and flaring events without delay to the competent authorities and submit more comprehensive reports on all venting and flaring events. They should also ensure that equipment and devices comply with the standards laid down in Union law.
2022/10/24
Committee: ENVIITRE
Amendment 140 #
Proposal for a regulation
Recital 58
(58) Therefore, importers of fossil energy to the Union should be required to provide Member States with information on measures related to measurement, reporting and mitigation of methane emissions undertaken by exporters, in particular the application of regulatory or voluntary measures to control their methane emissions, including measures such as leak detection and repair surveys or measures to control and restrict venting and flaring of methane. The levels of measurement and reporting set out in the information requirements applied to importers correspond to the ones to be required from Union operators in this Regulation, as outlined in Recitals 24 to 26 and 46. The information on measures to control methane emissions is not more burdensome than that required from Union operators.deleted
2022/10/24
Committee: ENVIITRE
Amendment 149 #
Proposal for a regulation
Recital 67
(67) OFollowing the necessary consultations, operators and competent authorities should be given a reasonable period in order to take the necessary preparatory actions to meet the requirements of this Regulation.
2022/10/24
Committee: ENVIITRE
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules for the accurate measurement, 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.
2022/10/24
Committee: ENVIITRE
Amendment 162 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) gas transmission, distribution networks, underground storage facilities and liquid gas (LNG) terminals operating with fossil and/or renewable (bio-or synthetic) methane;
2022/10/24
Committee: ENVIITRE
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Proposal for a regulation
Article 1 – paragraph 2
(c) operating underground and surface coalmines, closed and abandoned underground coal mines.deleted
2022/10/24
Committee: ENVIITRE
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 3
Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation applies to methane emissions occurring outside the Union in what relates to importer information requirements, to the methane transparency database and to the methane emitters monitoring tool.deleted
2022/10/24
Committee: ENVIITRE
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) ‘source’ means a component or a geological structure that releases methane into the atmosphere whether intentionally or unintentionally, intermittentstructural element or a set of structural elements of the same design or a geological structure that intentionally or accidentally, periodically or persistentlymanently releases methane into the atmosphere;
2022/10/24
Committee: ENVIITRE
Amendment 206 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘asset’ means a business or operating unit, which can be composed of several facilities or sites, including assets under the operational control of the operator (operated assets) and assets which are not under the operational control of the operator (non-operated assets);
2022/10/24
Committee: ENVIITRE
Amendment 215 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Proposal for a regulation
Article 2 – paragraph 1 – point 13
(13) ‘direct measurement’ means direct quantification of the methane emission at source-level with a methane measuring device;
2022/10/24
Committee: ENVIITRE
Amendment 237 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Proposal for a regulation
Article 2 – paragraph 1 – point 24
(24) ‘inactive well’ means an oil or gas well or well site, onshore or offshore, where operations for exploration or production have ceased for at least one year. It shall not include temporarily plugged wells, permanently plugged and abandoned wells, as defined in this Regulation, nor wells drilled in order to establish the existence of a possible hydrocarbons deposit or to acquire information in order to delimit an established deposit, provided no deposit was found to exist;
2022/10/24
Committee: ENVIITRE
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24 a (new)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
(24 a) ‘permanently plugged and abandoned well’ means an oil or gas well or well site, onshore or offshore, which has been plugged and will not be re- entered, where all installations associated with the well have been removed and operations have been terminated and where documentation adequate to demonstrate that there are no methane emissions from that well or well site can be provided.
2022/10/24
Committee: ENVIITRE
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24 b (new)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
(24 b) ‘temporarily plugged well’ means an oil or gas well or well site, onshore or offshore, where primary and secondary well barriers have been installed to isolate allpotential flow zones exposed by the well and where a wellhead is still installed and access to the well is still provided for
2022/10/24
Committee: ENVIITRE
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41
Proposal for a regulation
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 from a third country on the Union market.deleted
2022/10/24
Committee: ENVIITRE
Amendment 271 #
Proposal for a regulation
Article 3 – paragraph 1
Proposal for a regulation
Article 3 – paragraph 1
1. When fixing or approving transmission or distribution tariffs or the methodologies to be used by transmission system operators, distribution system operators, LNG terminal operators or other regulated companies including where applicable underground gas storage operators, regulatory authorities shall take into account the costs incurred and investments made to comply with the obligations under this Regulation, insofar as they correspond to those of an efficient and structurally comparable regulated operator. Additional financial sources should be provided to ease the additional costs incurred on consumers.
2022/10/24
Committee: ENVIITRE
Amendment 273 #
Proposal for a regulation
Article 3 – paragraph 2
Proposal for a regulation
Article 3 – paragraph 2
2. Every three years, the European Union Agency for the Cooperation of Energy Regulators (ACER) in close cooperation with the relevant national authorities shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs linked to measurement, reporting and abatement of methane emissions for comparable projects.
2022/10/24
Committee: ENVIITRE
Amendment 275 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Proposal for a regulation
Article 4 – paragraph 1
Member States shall notify the Commission of the names and contact details of the competent authorities by … [312 months after the date of entry into force of this Regulation]. Member States shall notify the Commission without delay of any changes to the names or contact details of the competent authorities.
2022/10/24
Committee: ENVIITRE
Amendment 288 #
Proposal for a regulation
Article 5 – paragraph 3
Proposal for a regulation
Article 5 – paragraph 3
3. The competent authorities shall cooperate with each other and with the Commission and as necessaroptionally with authorities of third countries, in order to ensure compliance with this Regulation. The Commission may set up a network of competent authorities to foster cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations.
2022/10/24
Committee: ENVIITRE
Amendment 293 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
Where reports are to be made public in accordance with this Regulation, the competent authorities shall make them publicly available free of charge, on a designated website and in freely accessible, downloadable and editable format. National regulations for critical infrastructures must be respected.
2022/10/24
Committee: ENVIITRE
Amendment 297 #
Proposal for a regulation
Article 6 – paragraph 1
Proposal for a regulation
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 … [1830 months after the date of entry into force of this Regulation].
2022/10/24
Committee: ENVIITRE
Amendment 310 #
Proposal for a regulation
Article 6 – paragraph 3
Proposal for a regulation
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 optional appraisal of the environmental risk 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 year.
2022/10/24
Committee: ENVIITRE
Amendment 311 #
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Proposal for a regulation
Article 6 – paragraph 4
4. The competent authorities shall carry out non-routine inspections in so far as measures applicable in accordance with respective national laws):
2022/10/24
Committee: ENVIITRE
Amendment 316 #
Proposal for a regulation
Article 6 – paragraph 6
Proposal for a regulation
Article 6 – paragraph 6
6. Operators and mine operators shall take all the necessary actions set out in the report referred to in paragraph 5 within the period determined by the competent authorities or any other period agreed with the competent authorities.deleted
2022/10/24
Committee: ENVIITRE
Amendment 322 #
Proposal for a regulation
Article 7 – paragraph 1
Proposal for a regulation
Article 7 – paragraph 1
1. Any natural or legal person which considers that it has suffered injury as a result of a breach of the requirements of this Regulation by operators or mine operators, may lodge a written complaint with the competent authorities, in so far as measures applicable in accordance with respective national laws.
2022/10/24
Committee: ENVIITRE
Amendment 343 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Proposal for a regulation
Article 8 – paragraph 1
1. Verifiers, possessing the relevant authorizations and qualifications, 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:
2022/10/24
Committee: ENVIITRE
Amendment 353 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Proposal for a regulation
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 5. 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 emissions.
2022/10/24
Committee: ENVIITRE
Amendment 371 #
Proposal for a regulation
Article 8 – paragraph 5
Proposal for a regulation
Article 8 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to supplement this Regulation by incorporating and setting out the applicability of European or international standards on methane emissions quantification and measurement for the purposes of this Regulation.
2022/10/24
Committee: ENVIITRE
Amendment 373 #
Proposal for a regulation
Article 9 – paragraph 2
Proposal for a regulation
Article 9 – paragraph 2
2. Verifiers shall be accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008. Suitably qualified specialists should also be enabled to perform the verification tasks.
2022/10/24
Committee: ENVIITRE
Amendment 391 #
Proposal for a regulation
Article 12 – paragraph 1
Proposal for a regulation
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 source- level methane emissions estimated using generic but source-specific emission factors for all sources.
2022/10/24
Committee: ENVIITRE
Amendment 418 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
By … [36 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 measurements of source-level methane emissions for operated assets referred to in paragraph 2, complemented by measurements of site- level methane emissions, thereby allowing assessment and verification of the source- level estimates aggregated by site, except the premises of the distribution company.
2022/10/24
Committee: ENVIITRE
Amendment 434 #
Proposal for a regulation
Article 12 – paragraph 4
Proposal for a regulation
Article 12 – paragraph 4
4. By … [36 months from the date of entry into force of this Regulation], undertakings established in the Union shall submit a report to the competent authorities containing direct measurements of source-level methane emissions for non-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 estimation.deleted
2022/10/24
Committee: ENVIITRE
Amendment 442 #
Proposal for a regulation
Article 12 – paragraph 5
Proposal for a regulation
Article 12 – paragraph 5
5. By … [48 months from the date of entry into force of this Regulation] and by 30 March every year thereafter, undertakings established in the Union shall submit a report to the competent authorities containing direct measurements of source-level methane emissions for non-operated assets as set out in paragraph 4, complemented by measurements of site-level methane emissions, thereby allowing assessment and verification of the source-level estimates aggregated by site. Before submission to the competent authorities, undertakings shall ensure that the reports set out in this paragraph are assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.deleted
2022/10/24
Committee: ENVIITRE
Amendment 488 #
Proposal for a regulation
Article 12 – paragraph 8
Proposal for a regulation
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.deleted
2022/10/24
Committee: ENVIITRE
Amendment 505 #
Proposal for a regulation
Article 12 – paragraph 11
Proposal for a regulation
Article 12 – paragraph 11
11. The competent authorities shall make the reports set out in this Article available to the public and the Commission, within three months from submission by operators and in accordance with Article 5(4). National regulations for critical infrastructures must be respected.
2022/10/24
Committee: ENVIITRE
Amendment 516 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
By … [318 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.
2022/10/24
Committee: ENVIITRE
Amendment 537 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
By … [618 months from the date of entry into force of this Regulationthe competent authority accepts the program referred in paragraph 1], 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.
2022/10/24
Committee: ENVIITRE
Amendment 558 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every threwelve months.
2022/10/24
Committee: ENVIITRE
Amendment 572 #
Proposal for a regulation
Article 14 – paragraph 3 Proposal for a regulation
3. In carrying out the surveys, operators shall use devices that allow detection of loss of methane from components of 2 500 parts per million or more.
2022/10/24
Committee: ENVIITRE
Amendment 585 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Operators shall repair or replace all components found to be emitting 500 parts per million or more of methanemethane at a concentration higher than 1 000 parts per million (ppm) according to risk-based consideration.
2022/10/24
Committee: ENVIITRE
Amendment 596 #
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
The operators shall apply gradual reduction of methane leakage based on risk assessment, starting with the repair of methane emissions higher than 10 000 ppm. Within 3 years or when 75% of the methane emissions of the installation fall below 10 000 ppm – whichever occurs first – , the operator shall start the repair and replace of all compounds found to be emitting 1000 ppm or more. 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.
2022/10/24
Committee: ENVIITRE
Amendment 641 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Notwithstanding paragraph 2, operators shall survey components that were found to be emitting 500 parts per million or more of methaneat the concentration set in paragraph 4 during any of the previous surveys 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.
2022/10/24
Committee: ENVIITRE
Amendment 649 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Proposal for a regulation
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 methane, no later than three months after the emissions were detectedthe concentration set in paragraph 4, to check whether the size of loss of methane has changed.
2022/10/24
Committee: ENVIITRE
Amendment 657 #
Proposal for a regulation
Article 14 – paragraph 6
Regulation
Article 14 – paragraph 6
6. Without prejudice to the reporting obligations pursuant to paragraph 7, 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. Operators shall keep the record for at least ten years and shall provide that information to competent authorities upon their request.deleted
2022/10/24
Committee: ENVIITRE
Amendment 664 #
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Within one monthyear after each survey, operators shall submit a report with the results of the survey and a repair and monitoring schedule to the competent authorities of the Member State where the relevant assets are located. The report shall include at least the elements set out in Annex I.
2022/10/24
Committee: ENVIITRE
Amendment 691 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Proposal for a regulation
Article 15 – paragraph 2 –point b
(b) where unavoidable and strictly necessary for the operation, repair, maintenance, commissioning or testing of components or equipment and subject to the reporting obligations set out in Article 16.
2022/10/24
Committee: ENVIITRE
Amendment 742 #
Proposal for a regulation
Article 15 – paragraph 3 – point k a (new)
Proposal for a regulation
Article 15 – paragraph 3 – point k
(k a) in all cases where venting is done to prevent an emergency and protect human life
2022/10/24
Committee: ENVIITRE
Amendment 768 #
Proposal for a regulation
Article 15 – paragraph 5
Proposal for a regulation
Article 15 – paragraph 5
5. Flaring 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 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 marketMethane emission from flaring activity shall be eliminate till 2030.
2022/10/24
Committee: ENVIITRE
Amendment 816 #
Proposal for a regulation
Article 16 – paragraph 2
Proposal for a regulation
Article 16 – paragraph 2
2. Operators shall submit to the competent authorities quarterlyannual reports of all venting and flaring referred to in paragraph 1 and in Article 15 in accordance with the elements set out in Annex II.
2022/10/24
Committee: ENVIITRE
Amendment 818 #
Proposal for a regulation
Article 16 – paragraph 3
Proposal for a regulation
Article 16 – paragraph 3
3. The competent authorities shall make the reports set out in this Article available to the public and the Commission annually and in accordance with Article 5(4).deleted
2022/10/24
Committee: ENVIITRE
Amendment 825 #
Proposal for a regulation
Article 17 – paragraph 2
Proposal for a regulation
Article 17 – paragraph 2
2. Operators shall ensure that all flare stacks or other combustion devices comply with the requirements of paragraph 1 by … [12 months from the date of entry into force of this Regulation]2030.
2022/10/24
Committee: ENVIITRE
Amendment 832 #
Proposal for a regulation
Article 17 – paragraph 3
Proposal for a regulation
Article 17 – paragraph 3
3. Operators shall conduct weekmonthly inspections of flare stacks in accordance with the elements set out in Annex III.
2022/10/24
Committee: ENVIITRE
Amendment 837 #
Proposal for a regulation
Article 18 – paragraph 1 Proposal for a regulation
1. By … [128 months from the date of entry into force of this Regulation], Member States shall establish and make publicly available an inventory of all inactive wells on their territory or under their jurisdiction, including at least the elements set out in Annex IV.
2022/10/24
Committee: ENVIITRE
Amendment 842 #
Proposal for a regulation
Article 18 – paragraph 2
Proposal for a regulation
Article 18 – paragraph 2
2. By … [18 months of the date of entry into force of this Regulation], equipment for measurement ofmethane emissions at inactive wells shall be measured on source-level at least once every 12 months. Where five subsequent measurements [at yearly intervals] of inactive wells prove no methane emissions, they shall be installed on all inactiveconsidered emission-free and no further quantifications and reports weills be required.
2022/10/24
Committee: ENVIITRE
Amendment 846 #
Proposal for a regulation
Article 18 – paragraph 3 Proposal for a regulation
3. Reports containing the measurements referred to in paragraph 2 shall be submitted where relevant to the competent authorities by … [24 months of the date of entry into force of this Regulation] and by 30 March every year thereafter and cover the last available calendar year. Before submission to the competent authorities, the reports set out in this paragraph shall be assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.
2022/10/24
Committee: ENVIITRE
Amendment 860 #
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1 a (new)
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1
Alternatively, Member States shall ensure the measurement of the methane leakage of inactive wells every month for one year. If no leakage is measured, the corresponding well should be considered as closed and the obligation to report further measurements should cease.
2022/10/24
Committee: ENVIITRE
Amendment 862 #
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 2 – point d
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 2 – point d
(d) yearly checks to ensure plugged wells are no longer a source of methane emissions.deleted
2022/10/24
Committee: ENVIITRE
Amendment 881 #
Proposal for a regulation
Article 20 – paragraph 3
Proposal for a regulation
Article 20 – paragraph 3
3. As regards surface coal mines, mine operators shall use deposit-specific coal mine methane emission factors to quantify emissions resulting from mining operations. Mine operators shall establish those emission factors on a quarterlyn annual basis, in accordance with appropriate scientific standards and take into account methane emissions from surrounding strata.
2022/10/24
Committee: ENVIITRE
Amendment 883 #
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1
The measurements and quantification shall be undertaken as referred to in paragraphs 1 to 3 shall be undertaken in accordance with an appropriate European or international standards.
2022/10/24
Committee: ENVIITRE
Amendment 893 #
Proposal for a regulation
Article 20 – paragraph 5
Proposal for a regulation
Article 20 – paragraph 5
5. Mine operators shall estimate where relevant coal post-mining emissions using coal post- mining emission factors, updated annually, based on deposit-specific coal samples and in accordance with appropriate scientific standards.
2022/10/24
Committee: ENVIITRE
Amendment 894 #
Proposal for a regulation
Article 20 – paragraph 6 – subparagraph 1 a (new)
Proposal for a regulation
Article 20 – paragraph 6 – subparagraph 1
If the measurements in the Member States in the first year prove that methane emissions are negligible and this fact is submitted in the certified report, they shall be provided with an exemption from the obligation to report and measure, especially in areas affected by coal phaseout.
2022/10/24
Committee: ENVIITRE
Amendment 895 #
Proposal for a regulation
Article 20 – paragraph 6 – subparagraph 3 a (new)
Proposal for a regulation
Article 20 – paragraph 6 – subparagraph 3 a (new)
If the measurements in the first year show that methane emissions are negligible and this is presented in the certified report, mine operators and drainage station operators shall be exempted from the obligation to report and measure, especially in areas affected by coal removal.
2022/10/24
Committee: ENVIITRE
Amendment 920 #
Proposal for a regulation
Article 24 – paragraph 1 – point c
Proposal for a regulation
Article 24 – paragraph 1 – point c
(c) methane emissions from other well-defined point emission sources as outlined in Part 1 of Annex VII.deleted
2022/10/24
Committee: ENVIITRE
Amendment 926 #
Proposal for a regulation
Article 25 – paragraph 2
Proposal for a regulation
Article 25 – paragraph 2
2. 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. From … [18 months from the date of entry into force of this Regulation], measurement equipment shall be installed on all elements listed in point (v) of Part 1 of Annex VII for closed coal mines and abandoned coal mines where operations have ceased since … [50 years prior to the date of entry into force of this Regulation]. The sensitivity threshold of the measurement equipment used for the measurements referred to in paragraph 2 shall be at least 10,000 parts per million. The measurement equipment must operate for more than 90% of the period for which it is used to monitor the emissions, excluding downtime taken for re-calibration.deleted
2022/10/24
Committee: ENVIITRE
Amendment 957 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2
The mitigation plan shall be submitted to competent authorities by … [36 months from the date of entry into force of this Regulation] if the measurements carried out on the basis of Article 25 showed significant methane leak, that can be eliminated in a cost-effective way and include at least the elements set out in Part 4 of Annex VII.
2022/10/24
Committee: ENVIITRE
Amendment 967 #
Proposal for a regulation
Article 27 – paragraph 1
Proposal for a regulation
Article 27 – paragraph 1
1. By … [9 months from the date of entry into force of the Regulation] and by 31 December every year thereafter, importers shall provide the information set out in Annex VIII to the competent authorities of the importing Member State. The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to supplement this Regulation by amending or adding to the information to be provided by importers.deleted
2022/10/24
Committee: ENVIITRE
Amendment 978 #
Proposal for a regulation
Article 27 – paragraph 2
Proposal for a regulation
Article 27 – paragraph 2
2. By … [12 months from the date of entry into force of the Regulation] and by 30 June every year thereafter, Member States shall submit to the Commission the information provided to them by importers. The Commission shall make the information available in accordance with Article 28.deleted
2022/10/24
Committee: ENVIITRE
Amendment 985 #
Proposal for a regulation
Article 27 – paragraph 3
Proposal for a regulation
Article 27 – paragraph 3
3. By 31 December 2025, or earlier if the Commission considers that sufficient evidence is available, the Commission shall examine the application of this Article, considering in particular: (a) reporting of the available methane emissions data collected in the context of the global methane monitoring tool referred to in Article 29; (b) methane emission data analysis by the IMEO; (c) information on monitoring, reporting, verification and mitigation measures of operators located outside of the Union and from whom energy is imported into the Union; and (d) security of supply and the level playing field implications in case of possible additional obligations, including mandatory measures such as methane emission standards or targets, taking into account the oil, gas and coal sectors separately. Where appropriate and based on the necessary evidence to secure full compliance with the applicable international obligations of the Union, the Commission shall propose amendments to this Regulation to strengthen the requirements applicable to importers with the view to ensure a comparable level of effectiveness with respect to measurement, reporting and verification and mitigation of energy sector methane emissions.deleted
2022/10/24
Committee: ENVIITRE
Amendment 1003 #
Proposal for a regulation
Article 28 – paragraph 2
Proposal for a regulation
Article 28 – paragraph 2
2. In addition to the information referred to in paragraph 1, the database shall include the following information: (a) a list of countries where fossil energy is produced and exported to the Union; (b) for each country referred in point (a) information about the following points: (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; (ii) whether it has signed the Paris Agreement on climate change; (iii) whether it is delivering national inventories in accordance with the requirements of the United Nations Framework Convention on Climate Change, where applicable; (iv) whether the national inventories submitted pursuant to the United Nations Framework Convention on Climate Change include tier 3 reporting of energy methane emissions, where applicable; (v) the amount of energy sector methane emissions according to the national inventories submitted pursuant to the United Nations Framework Convention on Climate Change, where applicable, and whether the data was subject to independent verification. (vi) the list of companies exporting fossil energy into the Union (vii) a list of importers of fossil energy into the Uniondeleted
2022/10/24
Committee: ENVIITRE
Amendment 1025 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Member States shall notify the rules on penalties to the Commission by [312 months from the date of entry into force of the Regulation]. In addition, Member States shall notify any subsequent amendment affecting such rules to the Commission without delay.
2022/10/24
Committee: ENVIITRE
Amendment 1027 #
Proposal for a regulation
Article 30 – paragraph 3
Proposal for a regulation
Article 30 – paragraph 3
3. At least the following infringements shall be subject to penalties: (a) failure of operators or mine operators to provide the competent authorities or the verifiers with the assistance necessary to enable or facilitate the performance of their tasks in accordance with this Regulation; (b) failure of operators or mine operators to carry out the actions set out in the inspections report referred to in Article 6; (c) failure of operators of mine operators to submit the methane emissions reports as required by this Regulation, including the verification statement issued by independent verifiers in accordance with Articles 8 and 9; (d) failure of operators to carry out a leak detection and repair survey in accordance with Article 14; (e) failure of operators to repair or replace components, to continuous survey components and to record leaks in accordance with Article 14; (f) failure of operators to submit a report in accordance with Article 14; (g) venting or flaring by operators or mine operators beyond the situations provided for in Articles 15, 22 and 26, as applicable; (h) routine flaring by operators; (i) failure of operators or mine operators to demonstrate the necessity to opt for venting instead of flaring and to demonstrate the necessity to opt for flaring instead of either re-injection, utilisation on-site or dispatch of the methane to a market, in the case of operators, or utilisation or mitigation, in the case of mine operators, in accordance with Articles 15, 22 and 26; (j) failure of operators or mine operators to notify or report on venting and flaring events in accordance with Articles 16, 23 and 26, as applicable; (k) use of flare stacks or combustion devices in breach of the requirements laid down in Article 17; (l) failure of importers to provide the information required in accordance with Article 27 and Annex VIII.deleted
2022/10/24
Committee: ENVIITRE
Amendment 1037 #
Proposal for a regulation
Article 30 – paragraph 4
Proposal for a regulation
Article 30 – paragraph 4
4. Member States shall take into account at least the following indicative criteria for the imposition of penalties, as appropriate: (a) the duration or temporal effects, the nature and the gravity of the infringement; (b) any action taken by the undertaking, operator or mine operator to timely mitigate or remedy the damage; (c) the intentional or negligent character of the infringement; (d) any previous infringements by the undertaking, operator or mine operator; (e) the financial benefits gained or losses avoided directly or indirectly by the undertaking, operator or mine operator due to the infringement, if the relevant data are available; (f) the size of the undertaking, operator or mine operator; (g) the degree of cooperation with the authority; (h) the manner in which the infringement became known to the authority, in particular whether, and if so to what extent, the operator timely notified the infringement; (i) any other aggravating or mitigating factor applicable to the circumstances of the case.deleted
2022/10/24
Committee: ENVIITRE
Amendment 1039 #
Proposal for a regulation
Article 30 – paragraph 5
Proposal for a regulation
Article 30 – paragraph 5
5. Member States shall publish annually information on the type and the size of the penalties imposed under this Regulation, the infringements and the operators upon which penalties have been imposed.deleted
2022/10/24
Committee: ENVIITRE
Amendment 1044 #
Proposal for a regulation
Article 31 – paragraph 2
Regulation
Article 31 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8(5), 22(3) and 27(1 22(3) shall be conferred on the Commission for an indeterminate period of time5 years from … [date of entry into force of the Regulation].
2022/10/24
Committee: ENVIITRE
Amendment 1045 #
Proposal for a regulation
Article 31 – paragraph 3
Proposal for a regulation
Article 31 – paragraph 3
3. The delegation of power referred to in Articles 8(5), 22(3) and 27(1 22(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2022/10/24
Committee: ENVIITRE
Amendment 1048 #
6. A delegated act adopted pursuant to Articles 8(5), 22(3) and 27(1 22(3) 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.
2022/10/24
Committee: ENVIITRE
Amendment 1050 #
Proposal for a regulation
Article 32 – paragraph 2
Proposal for a regulation
Article 32 – paragraph 2
2. Where reference is made to this paragraph, Article 45 of Regulation (EU) No 182/2011 shall apply.
2022/10/24
Committee: ENVIITRE
Amendment 1052 #
Proposal for a regulation
Article 33 – paragraph 1
Proposal for a regulation
Article 33 – paragraph 1
1. EStarting from 2030, every five years the Commission shall submit a report on the evaluation of this Regulation to the European Parliament and to the Council and shall, if appropriate, submit legislative proposals to amend this Regulation. The reports shall be made public.
2022/10/24
Committee: ENVIITRE
Amendment 1053 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Proposal for a regulation
Article 33 – paragraph 2
2 a. By 31 December 2029, or earlier if the Commission considers that sufficient evidence is available, the Commission shall examine the application of this Article, considering in particular: a) reporting of the available methane emissions data collected in the context of the global methane monitoring tool referred to in Article 29; (b) methane emission data analysis by the IMEO; (c) information on monitoring, reporting, verification and mitigation measures of operators located outside of the Union and from whom energy is imported into the Union;and (d) security of supply and the level playing field implications in case of possible additional obligations, including mandatory measures such as methane emission standards or targets, taking into account the oil, gas and coal sectors separately.
2022/10/24
Committee: ENVIITRE
Amendment 1056 #
Proposal for a regulation
Article 34 – paragraph 1
Regulation (EU) 2019/942
Article 15
In Article 15 of Regulation (EU) 2019/942 of the European Parliament and of the Council the following paragraph 5 is added: ‘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, reporting and abatement 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].’deleted
2022/10/24
Committee: ENVIITRE
Amendment 1059 #
Proposal for a regulation
Annex I – paragraph 2 – point i
Proposal for a regulation
Annex I – paragraph 2 – point i
(i) Inventory and identification of allrelevant components that have been checked
2022/10/24
Committee: ENVIITRE
Amendment 1063 #
Proposal for a regulation
Annex I – paragraph 2 – point iii
(iii) For components found to be emitting 2 500 parts per million or more of methane, 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.
2022/10/24
Committee: ENVIITRE
Amendment 1068 #
Proposal for a regulation
Annex I – paragraph 2 – point iv
Proposal for a regulation
Annex I – paragraph 2 – point iv
(iv) For components found to be emitting 2 500 parts per million or more of methane, planned repair schedule indicating planned date of repair,
2022/10/24
Committee: ENVIITRE
Amendment 1077 #
Proposal for a regulation
Annex I – paragraph 2 – point v
Proposal for a regulation
Annex I – paragraph 2 – point v
(v) For components found to be emitting less than 2 500 parts per million in previous LDAR survey, but found to be emitting 2 500 parts per million or more 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.
2022/10/24
Committee: ENVIITRE
Amendment 1080 #
Proposal for a regulation
Annex I – paragraph 5 – point iii
Proposal for a regulation
Annex I – paragraph 5 – point iii
(iii) For components found to be emitting 2 500 parts per million or more of methane, results of monitoring after repair to check if repair was successful
2022/10/24
Committee: ENVIITRE
Amendment 1085 #
Proposal for a regulation
Annex I – paragraph 5 – point iv
Proposal for a regulation
Annex I – paragraph 5 – point iv
(iv) For components found to be emitting less than 2 500 parts per million of methane, results of post LDAR monitoring to check whether the size of loss of methane has evolved and recommendation on the basis of finding.
2022/10/24
Committee: ENVIITRE
Amendment 1098 #
Proposal for a regulation
Annex II – paragraph 1 – point ix
Proposal for a regulation
Annex II – paragraph 1 – point ix
(ix) results of weekmonthly inspections of flare stacks carries out in accordance with Article 17
2022/10/24
Committee: ENVIITRE
Amendment 1101 #
Proposal for a regulation
Annex III – paragraph 1
Proposal for a regulation
Annex III – paragraph 1
WeekMonthly flare stack inspections must include a comprehensive Audio, Visual and Olfactory (AVO) inspection (including external visual inspection of flare stacks, listening for pressure and liquid leaks and smelling for unusual and strong odours).
2022/10/24
Committee: ENVIITRE
Amendment 1102 #
Proposal for a regulation
Annex III – paragraph 3 – point ii
Proposal for a regulation
Annex III – paragraph 3 – point ii
(ii) In the case of unlit flares: whether the unlit flare has a gas vent or not. If it does have a gas vent, an intervention to remedy it should take place within 6 hours or within 24 hours in the case of bad weout delay, as soon as possible, but not lather or othan during ther nextreme conditions maintenance.
2022/10/24
Committee: ENVIITRE
Amendment 1108 #
Proposal for a regulation
Annex V – Part 2 – paragraph 1 – point v – point 3
Proposal for a regulation
Annex V – paragraph 1 – point v – point 3
3) outline of the experimental method employed to determine methane emissions due to mining activities, including the choice of methodology to account for methane emissions from surrounding strata
2022/10/24
Committee: ENVIITRE
Amendment 1113 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point iv
Proposal for a regulation
Annex VII – paragraph 1 – point iv
(iv) schemes of mine workings and their statusdeleted
2022/10/24
Committee: ENVIITRE
Amendment 1117 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 1
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 1
1) all ventilation shafts utilised by the mine when operating, accompanied by: — shaft coordinates — shaft name (if any) — sealing status and sealing method, if knowndeleted
2022/10/24
Committee: ENVIITRE
Amendment 1118 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 2
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 2
2) unused vent pipesdeleted
2022/10/24
Committee: ENVIITRE
Amendment 1120 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 3
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 3
3) unused gas drainage wellsdeleted
2022/10/24
Committee: ENVIITRE
Amendment 1121 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 4
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 4
4) outcrops;deleted
2022/10/24
Committee: ENVIITRE
Amendment 1123 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 5
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 5
5) identifiable strata fractures at the mine’s territory or linked to its former coal deposit;deleted
2022/10/24
Committee: ENVIITRE
Amendment 1125 #
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 6
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 6
6) other recorded potential point emission sources.deleted
2022/10/24
Committee: ENVIITRE
Amendment 1129 #
Proposal for a regulation
Annex VII – Part 2 – paragraph 1 – point iii
Proposal for a regulation
Annex VII – Part 2 – paragraph 1 – point iii
(iii) measurements must be accompanied by an information on: 1) date of the measurement 2) atmospheric pressure 3) technical details of the equipment used for the measurementdeleted
2022/10/24
Committee: ENVIITRE
Amendment 1136 #
Proposal for a regulation
Annex VIII
Proposal for a regulation
Annex VIII
[...]deleted
2022/10/24
Committee: ENVIITRE