Regulation (EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024 on the reduction of methane emissions in the energy sector and amending Regulation (EU) 2019/942 (Text with EEA relevance)

Type Regulation
Publication 2024-06-13
Last updated 2026-04-15
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 38
Reform history JSON API

(f) a list of the entities with operational control of the non-operated assets.

The Commission shall, by means of implementing acts, lay down a reporting template for the reports provided for in this Article, taking into account the national inventory reports already in place and the latest technical guidance documents and reporting templates of the OGMP. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 35(2).

Until the adoption of the relevant implementing acts, operators and undertakings shall use the technical guidance documents and reporting templates for upstream and mid- and downstream operations, as applicable, of the OGMP 2.0.

5.

The measurements and quantifications referred to in this Article shall be carried out in accordance with the standards and technical prescriptions, as applicable, established under Article 32. Until the date of application of those standards or technical prescriptions, operators and undertakings shall follow state-of-the-art industry practices and use the best technologies available for the measurement and quantification of methane emissions. In that context, operators and undertakings established in the Union may use the latest OGMP 2.0 technical guidance documents approved by 4 August 2024 for such purposes.

Operators and undertakings shall provide competent authorities and verifiers with information on the standards, including European or other international standards, or methodologies used.

6.

Operators and undertakings established in the Union shall compare source-level quantification of methane emissions and site-level measurement of methane emissions. If there are statistically significant discrepancies between the source-level quantification and the site-level measurement of methane emissions, operators and undertakings shall:

(a) notify without delay the competent authorities before the end of the reporting period;

(b) carry out a reconciliation process as soon as possible and inform the competent authority about the results of the reconciliation process, including any evidence and supporting documents as necessary, no later than the next reporting period.

The reconciliation process shall address possible reasons for the discrepancies, including at least the accuracy and appropriateness of the technologies and the methods used for source-level quantification and site-level measurement of methane emissions, or any data uncertainties in the results due to the selected methods, technologies or extrapolation of results.

For the purposes of the reconciliation process, the operators and undertakings shall consider additional source-level quantification or site-level measurements in order to provide the necessary evidence to explain the reasons for the discrepancies. Based on the results of the reconciliation process, operators and undertakings shall implement subsequent adjustments in numerical terms in source-level quantification or site-level measurements, where appropriate.

If the competent authorities consider that the information provided by the operator or undertaking pursuant to point (b) of the first subparagraph does not adequately explain the reasons for the discrepancies, the competent authorities may request the operator or undertaking to provide additional information or to take additional action.

7.

Where information is confidential in accordance with Directive (EU) 2016/943 of the European Parliament and of the Council (24), the operators or undertakings concerned shall indicate in the report the type of information that is withheld and the reasons therefor.

8.

The competent authorities shall make the reports referred to in this Article available to the public and the Commission in accordance with Article 5(4), within 3 months from their submission by the relevant operators or undertakings.

Article 13
General mitigation obligation

Operators shall take all appropriate mitigation measures to prevent and minimise methane emissions in their operations.

Article 14
Leak detection and repair
1.

By 5 May 2025 for existing sites and within 6 months from the date of start of operations for new sites, operators shall submit a leak detection and repair programme (‘LDAR programme’) to the competent authorities.

The LDAR programme shall include a detailed description of the LDAR surveys and activities, including specific timelines, to be carried out in accordance with this Article, Parts 1 and 2 of Annex I and the relevant standards and technical prescriptions, as applicable, established under Article 32. If any changes to the LDAR programme are made, operators shall submit an updated LDAR programme to the competent authorities as soon as possible.

Until the date of application of the standards or technical prescriptions established under Article 32, operators shall follow state-of-the-art industry practices and the best technologies that are commercially available for LDAR surveys. Operators shall provide competent authorities and verifiers with information on the standards, including international standards, or methodologies used.

The competent authorities may require the operator to amend the LDAR programme taking into account the requirements of this Regulation.

2.

Operators shall initiate the first type 2 LDAR survey of all components under their responsibility in accordance with the LDAR programme as soon as possible from 4 August 2024.

In any event, operators shall carry out the first type 2 LDAR survey by 5 August 2025 for existing sites. Without prejudice to the frequencies established in Part 1 of Annex I, type 2 LDAR surveys carried out between 3 August 2022 and 4 August 2024 may be considered by operators as the first type 2 LDAR survey.

Within 9 months from the date of start of operations of new sites, operators shall carry out the first type 2 LDAR survey of all components under their responsibility in accordance with the LDAR programme.

After carrying out the first type 2 LDAR survey, operators shall carry out type 1 and type 2 LDAR surveys with the following frequencies:

(a) for aboveground and underground components, excluding distribution and transmission networks, in accordance with the minimum frequencies set out in Part 1, point 1, of Annex I;

(b) for components of distribution and transmission networks, in accordance with the minimum frequencies set out in Part 1, point 2, of Annex I;

(c) for all offshore components, in accordance with the minimum frequencies set out in Part 1, point 3, of Annex I;

(d) for all other components, in accordance with the minimum frequencies set out in Part 1, point 4, of Annex I.

3.

Without prejudice to the obligation to carry out type 2 LDAR surveys in accordance with this Article, when a type 1 LDAR survey is required, operators may choose to carry out a type 2 LDAR survey instead of a type 1 LDAR survey.

4.

As part of the LDAR surveys, operators may use advanced detection technologies, provided that:

(a) the competent authorities approve their use in the context of the LDAR programme;

(b) the measurement is undertaken at the level of each individual potential emission source; and

(c) the advanced detection technologies comply with the requirements set out in paragraphs 7 and 8 and are in accordance with the requirements set out in Part 2 of Annex I.

5.

By way of derogation from the fourth subparagraph of paragraph 2 of this Article, where operators that produce or process oil or natural gas provide evidence, on the basis of measurements from the 5 preceding years which have been reported by the operators in accordance with Article 12 and assessed by a verifier, that less than 1 % of all their components and subcomponents in each site are leaking and that the aggregated methane emissions associated with those leaks represent less than 0,08 % of the total volume of gas or 0,015 % of the total mass of oil processed or extracted, different LDAR survey frequencies for components at sites where no leaks were identified may be applied, subject to the approval of the competent authorities and provided that:

(a) for all components at processing locations, type 1 LDAR surveys are carried out at least every 12 months;

(b) for at least 25 % of all components at processing locations, type 2 LDAR surveys are carried out every 12 months, with all components being checked at least every 48 months;

(c) for all components at production locations, type 1 LDAR surveys are carried out at least every 36 months;

(d) for all components at production locations, type 2 LDAR surveys are carried out at least every 60 months.

If, following the LDAR surveys carried out in accordance with the first subparagraph of this paragraph, 1 % or more of all the components and subcomponents in each site are leaking or the aggregated methane emissions associated with those leaks represent more than 0,08 % of the total volume of gas or 0,015 % of the total mass of crude oil processed or extracted, the operator concerned shall be subject to the obligations under paragraph 2 in that site.

The competent authority shall notify to the Commission the derogations granted pursuant to this paragraph and shall carry out non-routine inspections as referred to in Article 6 (4).

6.

The LDAR surveys shall be carried out with detection devices that allow to identify leaks as follows, for each type of component:

(a) at a level as close as possible to each individual potential emission source for aboveground components and components above the sea level;

(b) at the interface between ground and atmosphere for underground components as a first step and, where a leak is detected as specified in the implementing act adopted in accordance with paragraph 7, as close as possible to the emission source as a second step;

(c) applying the best detection techniques that are commercially available for offshore components below the sea level or below the seabed.

7.

By 5 August 2025, the Commission shall, by means of an implementing act, specify:

(a) the minimum detection limits and detection techniques to be employed for the different detection devices used for meeting the requirements for all components in paragraph 8;

(b) the thresholds applicable to the first step of the LDAR surveys to be used for meeting the requirements for underground components in paragraph 8.

Those minimum detection limits, techniques and thresholds shall be based on the best available technologies and the best available detection techniques, taking into account the different types of components and LDAR surveys. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 35(3).

Until the adoption of that implementing act, in order to meet the requirements of paragraph 8, operators shall use the best available technologies and the best available detection techniques, in compliance with the manufacturer specifications for operation and maintenance.

8.

Operators shall repair or replace all components found to be emitting methane at or above the following levels at standard temperature and pressure and using detection devices in accordance with the manufacturer specifications for operation and maintenance:

(a) for type 1 LDAR surveys: 7 000 parts per million in volume of methane or 17 grams per hour of methane;

9.

The repair or replacement of the components referred to in paragraph 8 shall take place immediately after detection. If the repair cannot be carried out immediately after detection, it shall be attempted as soon as possible and no later than 5 days after detection and shall be completed within 30 days after detection.

Where an operator can demonstrate that the repair or replacement would not be successful or possible within 5 days for a first attempt or where the operator expects that a complete repair would not be possible within 30 days due to safety, administrative or technical considerations, the operator shall notify the competent authorities and provide them with evidence thereof together with the repair and monitoring schedules containing at least the elements set out in Annex II no later than 12 days from the date of detection.

Those repair and monitoring schedules shall include all the necessary evidence justifying any delay. They shall ensure that the environmental impact is minimised, while respecting the relevant safety, administrative and technical considerations. The competent authorities may require the operator to amend the repair and monitoring schedules taking into account the requirements of this Regulation. In any event, the repair or replacement shall be carried out as soon as possible.

The operators shall prioritise repairs of larger leaks.

Repairs or replacements referred to in this paragraph shall use the best technologies that are commercially available and that provide long-term protection against future leaks.

Safety, administrative and technical considerations, as referred to in this paragraph, shall be limited to:

(a) the safety of personnel and other persons in proximity to the detected leak;

(b) any adverse environmental impact if the operator can demonstrate that that impact would be greater than the environmental benefits, for example where a repair could lead to a higher overall level of methane emissions than would be the case in the absence of the repair;

(c) accessibility of a component, including scheduled maintenance, permitting process requirements or required administrative authorisation;

(d) unavailability of replacement parts necessary for the repair of the component or of replacement components; and

(e) significant deterioration of the gas supply situation likely to lead to a crisis level as referred to in Article 11(1) of Regulation (EU) 2017/1938 of the European Parliament and of the Council (25).

10.

Where one or more of the conditions set out in paragraph 9, sixth subparagraph, points (a) to (e), apply and a shutdown is required before the repair or replacement can be undertaken, operators shall minimise the leak within 24 hours of detection and shall repair the leak by the end of the next scheduled shutdown or within a year, whichever is sooner, unless carrying out an earlier repair could reasonably be expected to lead to a situation whereby the amount of methane vented during repair operations would very likely be significantly higher than the amount of methane that would leak in the absence of a repair, or unless carrying out an earlier repair could reasonably be expected to lead to security of supply issues in small connected systems as defined in Directive (EU) 2019/944.

An operator shall, without delay, provide all the necessary evidence justifying its decision to delay repair to the competent authorities.

A decision to delay repair due to safety, administrative and technical considerations shall be subject to approval by the competent authorities and shall be included in the repair and monitoring schedules. The competent authorities may require the operator concerned to amend the repair and monitoring schedules taking into account the requirements of this Regulation.

11.

Operators shall establish without delay, keep updated and make fully available to the competent authorities a record of all decisions to delay repair pursuant to this Article, including all necessary evidence justifying each decision and the corresponding repair and monitoring schedules.

12.

Notwithstanding paragraph 2, operators shall survey components that were found to be emitting:

(a) at levels of methane equal to or higher than the thresholds set out in paragraph 8 at standard temperature and pressure during a previous LDAR survey, immediately after the repair carried out pursuant to paragraph 9 and no later than 45 days thereafter, to ensure that the repair was successful; and

(b) at levels of methane lower than the thresholds set out in paragraph 8 at standard temperature and pressure, no later than 3 months from the date on which the emissions were detected, to check at least once whether the size of methane loss has changed and whether a repair is necessary.

Where a higher safety risk or a higher risk of methane leaks is identified, the competent authorities may recommend that LDAR surveys of the relevant components take place more frequently.

13.

Without prejudice to the reporting obligations pursuant to paragraph 14, operators shall record all identified leaks, irrespective of their size, and shall regularly survey them and ensure that they are repaired in accordance with paragraph 9.

Operators shall keep the record for at least 10 years and shall provide that information to competent authorities upon their request.

14.

Every year, operators shall submit all repair and monitoring schedules and a report summarising the results of all LDAR surveys completed during the previous year to the competent authorities of the Member State where the relevant assets are located.

The competent authorities may require operators to amend the report or the repair and monitoring schedules taking into account the requirements of this Regulation.

15.

Operators may delegate any of the tasks set out in this Article. Delegated tasks shall not affect the responsibility of operators and shall not impact the effectiveness of supervision by the competent authorities.

16.

Member States shall ensure that certification, accreditation schemes or equivalent qualification schemes, including suitable training programmes, are available to LDAR service providers and to operators with respect to the LDAR surveys.

17.

Without prejudice to Directives 2008/56/EC (26) and 2013/30/EU (27) of the European Parliament and of the Council, the competent authorities may decide to exempt offshore oil and gas components located in their territory at a water depth greater than 700 metres from the requirements under this Article if the operator concerned can provide robust evidence that the impact on the climate of potential methane emissions from those components is highly likely to be negligible.

Article 15
Restrictions on venting and flaring
1.

Venting shall be prohibited except in the circumstances provided for in this Article. Routine flaring shall be prohibited.

2.

Venting or flaring shall be allowed only in case of an emergency or malfunction.

3.

Notwithstanding paragraph 2, venting or flaring shall be allowed where unavoidable and strictly necessary and subject to the reporting obligations set out in Article 16.

Venting and flaring shall be deemed to be unavoidable and strictly necessary in the following specific situations where venting or flaring, as applicable, cannot be completely eliminated or is necessary for safety reasons:

(a) during normal operations of pneumatic devices, compressors, atmospheric pressure storage tanks, sampling and measuring devices and dry gas seals, or other components designed to vent, provided that such equipment meets the standards or technical prescriptions established under Article 32 and is properly maintained to minimise methane losses;

(b) to unload or clean-up liquid holdup in a well to atmospheric pressure;

(c) during gauging or sampling a storage tank or other low-pressure vessel, provided that the tank or vessel meets the standards or technical prescriptions established under Article 32;

(d) during transferring liquids from a storage tank or other low-pressure vessel to a transport vehicle provided that the tank or vessel meets the standards or technical prescriptions established under Article 32;

(e) during repair, maintenance, test procedures and decommissioning, including blowing down and depressurising equipment to carry out repair and maintenance;

(f) during a bradenhead test;

(g) during a packer leakage test;

(h) during a production test lasting less than 24 hours;

(i) where methane does not meet the gathering pipeline specifications, provided that 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 met;

(j) during commissioning of pipelines, equipment or facilities, only for as long as necessary to purge introduced impurities from the pipeline or equipment;

(k) during pigging, blow-down to repair, decommissioning or purging a pipeline for repair or maintenance, and only where the gas cannot be contained or redirected into an unaffected portion of the pipeline.

4.

Where venting is allowed pursuant to paragraphs 2 and 3, operators shall vent only where flaring is not technically feasible due to lack of flammability or inability to sustain a flame, risks endangering safety of operations or personnel or where it would have a worse environmental impact in terms of emissions. In such a situation, as part of the reporting obligations set out in Article 16, operators shall notify and provide evidence to the competent authorities of the necessity to use venting instead of flaring.

5.

Equipment that vents shall be replaced by non-emitting alternatives where those are commercially available and if they meet the standards or technical prescriptions for components designed to vent established under Article 32.

6.

In addition to the conditions set out in paragraphs 2 and 3, flaring shall be allowed only where either re-injection, utilisation on-site, storage for later use or dispatch of 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 use flaring instead of either re-injection, utilisation on-site, storage for later use or dispatch of methane to a market.

7.

Where a site is built, replaced or refurbished in whole, operators shall install and use only commercially available zero-emitting pneumatic devices, compressors, atmospheric pressure storage tanks, sampling and measuring devices and dry gas seals. Where a site is replaced or refurbished in part, operators shall install and use in that part only commercially available zero-emitting pneumatic devices, compressors, atmospheric pressure storage tanks, sampling and measuring devices and dry gas seals.

8.

Operators shall comply with this Article without delay and, in any case, not later than 5 February 2026 for existing sites and not later than 12 months from the date of start of operations for new sites. Where operators are unable to comply with this Article due to exceptional delay caused by the need to obtain a permit or any other administrative authorisation from the relevant authorities or the unavailability of venting or flaring equipment, they shall provide the competent authorities with a detailed implementation schedule. That schedule shall include sufficient evidence of the fulfilment of the conditions laid down in this paragraph. The competent authorities may require modifications to that schedule.

Article 16
Reporting of venting events and flaring events
1.

Operators shall notify the competent authorities of venting events and flaring events:

(a) caused by an emergency or a malfunction; or

(b) lasting a total of 8 hours or more within a 24-hour period from a single event.

The notification referred to in the first subparagraph shall be made without delay after the event and at the latest within 48 hours from the start of the event or the moment the operator became aware of it, in accordance with the elements set out in Annex III.

By derogation from the first subparagraph, controlled flaring that occurs during shutdowns, shall be reported in the annual report.

2.

Operators shall submit to the competent authorities annual reports on all venting events and flaring events, referred to in paragraph 1 of this Article and in Article 15, in accordance with the elements set out in Annex III and as part of the relevant report referred to in Article 12.

Article 17
Flaring efficiency requirements
1.

Where a site is built, replaced or refurbished in whole or in part, or where new flare stacks or other combustion devices are installed, operators shall install only flare stacks or combustion devices with an auto-igniter or continuous pilot burner and with a destruction and removal efficiency by design level of at least 99 %.

2.

Operators shall ensure that all flare stacks or other combustion devices comply with the requirements of paragraph 1 by 5 February 2026.

3.

Operators shall inspect flare stacks or other combustion devices every 15 days in accordance with Annex IV, except where they are not used on a regular basis. Where flare stacks or other combustion devices are not used on a regular basis, operators shall inspect them before each use.

As an alternative to regular inspections, subject to the approval of the competent authorities, operators may use remote or automated monitoring systems, as specified in accordance with points (1) and (2) of Annex IV.

Where irregularities are detected, operators shall investigate the cause of the irregularity and remedy it within 6 hours or, in the case of severe weather events or other extreme conditions, within 6 hours after the conditions return to normal.

4.

Where auto-igniters or continuous pilot burners are used, operators shall use flame supervision equipment to constantly monitor the main flare flame or the pilot flame to ensure that venting does not occur due to a flame-out condition.

Article 18
Inactive wells, temporarily plugged wells and permanently plugged and abandoned wells
1.

By 5 August 2025, Member States shall establish and make publicly available an inventory of all inactive wells, temporarily plugged wells and permanently plugged and abandoned wells on their territory or under their jurisdiction that are recorded or where information or evidence on their location is available or where their location can be identified with all reasonable efforts. That inventory shall include at least the elements set out in Part 1 of Annex V.

Member States shall maintain and keep up to date that inventory, including by taking all reasonable efforts to locate and document all identified inactive wells, temporarily plugged wells and permanently plugged and abandoned wells located on their territory or under their jurisdiction, based on a robust assessment taking into account the most up-to-date scientific findings and best available techniques.

2.

By way of derogation from paragraph 1, Member States that notify to the Commission evidence of the existence on their territory or under their jurisdiction of 40 000 or more recorded inactive wells, temporarily plugged wells and permanently plugged and abandoned wells combined may adopt a plan for completing the inventory referred to in paragraph 1 and the quantification of methane emissions or the demonstration that there are no methane emissions, as applicable, in relation to those wells, including at least the elements set out in Part 1 of Annex V, and make it publicly available, provided that:

(a) by 5 August 2025, at least 20 % of those wells are included in the inventory with priority being given to inactive wells and temporary plugged wells;

(b) by 5 August 2026, at least 40 % of those wells are included in the inventory;

(c) every 12 months after 5 August 2026, at least an additional 15 % of those wells are included in the inventory;

(d) all wells are included into the inventory by 5 August 2030.

That plan shall be subject to approval of the competent authorities.

3.

Without prejudice to paragraph 4, reports containing information on quantification of methane emissions and, where pressure monitoring equipment exists, information on pressure monitoring from all inactive wells and temporarily plugged wells shall be submitted to the competent authorities by 5 May 2026 and by 31 May every year thereafter.

Those reports shall include quantification of methane emissions to air and to water and information on pressure monitoring, where applicable, using the standards or technical prescriptions established under Article 32. Until the date of application of those standards or technical prescriptions, operators and Member States, as applicable, shall follow state-of-the-art industry practices and use the best available technologies for the measurement and quantification of methane emissions.

Where operators or Member States report methane emissions within the framework of international or regional agreements to which the Union or the relevant Member State is a party, the reports referred to in this paragraph may include information reported within the framework of such agreements.

Reports concerning inactive wells and temporarily plugged wells located in Member States with 40 000 or more inactive wells, temporarily plugged wells and permanently plugged and abandoned wells combined shall be submitted by 12 months from the inclusion of each of the wells in the inventory and by 31 May every year thereafter.

4.

Where the competent authorities are provided with quantification of methane emissions and, where pressure monitoring equipment exists, pressure monitoring data that prove that there have been no methane emissions from an onshore temporarily plugged well during the last 5 years, paragraph 3 shall cease to apply to that well.

Where the competent authorities are provided with quantification of methane emissions and, where pressure monitoring equipment exists, pressure monitoring data that prove that there have been no methane emissions from an offshore inactive well or offshore temporarily plugged well during the last 3 years, paragraph 3 shall cease to apply to that well.

5.

Where the competent authorities are provided with reliable evidence of material amounts of methane emissions in an offshore inactive well or in a temporarily plugged well after the period referred to in paragraph 4, or in a permanently plugged and abandoned well and where that evidence has been confirmed by an independent third party, the competent authorities shall decide on the application to that well of the obligations set out in this Article in relation to temporarily plugged wells.

6.

Where methane emissions are detected in inactive wells, temporarily plugged wells or permanently plugged and abandoned wells, Member States or the party responsible pursuant to paragraph 8 shall take all the necessary measures available to them for remediating, reclaiming and permanently plugging that well, as applicable, where technically feasible and taking into account the environmental impact of the necessary works in view of the associated reduction of the methane emissions.

7.

Before submission to the competent authorities, the reports referred to in paragraph 3 of this Article shall be assessed by a verifier and shall include a verification statement issued in accordance with Article 8.

8.

Member States shall ensure that operators fulfil the obligations laid down in paragraphs 3 to 7 and paragraph 9. Where an operator, owner, licensee or a party otherwise responsible for the well under national law provides to the competent authority adequate and reliable evidence to demonstrate that it does not have the adequate financial means to fulfil those obligations or where the party responsible cannot be identified, the Member State shall bear responsibility for those obligations.

9.

By 5 August 2026, Member States or the party responsible pursuant to paragraph 8, shall prepare a mitigation plan to remediate, reclaim and permanently plug inactive wells and temporarily plugged wells including at least the elements set out in Part 2 of Annex V, and implement it within 12 months from the submission of the first report referred to in paragraph 3.

By way of derogation from the first subparagraph, where a Member State or the party responsible pursuant to paragraph 8 can demonstrate that the implementation of that mitigation plan is not possible within that deadline due to safety, administrative or technical considerations, they may delay its implementation. The mitigation plan shall include all the necessary evidence justifying such a decision. In such cases, the implementation shall be carried out as soon as possible ensuring that the end date for the mitigation actions for each well does not exceed 3 years from the submission of the first report referred to in paragraph 3.

The competent authorities may require the party responsible to amend the mitigation plan taking into account the requirements of this Regulation.

Member States or the party responsible pursuant to paragraph 8 shall regularly update the mitigation plan, in line with the inventory referred to in paragraph 1 and the reports referred to in paragraph 3 and any changes or new information derived therefrom, and based on a robust assessment taking into account the most up-to-date scientific findings and best available techniques.

Mitigation plans shall use the inventory referred to in paragraph 1 and the reports referred to in paragraph 3 to determine priority for activities, including:

(a) remediating, reclaiming and permanently plugging wells;

(b) reclaiming related access roads or the surrounding soil under water, as applicable;

(c) restoring land, water, seabed and habitat impacted by wells and the prior operations;

(d) monitoring to ensure plugged wells are not a source of methane emissions in accordance with this Article.

10.

The competent authorities shall review and make the reports and mitigation plans referred to in this Article available to the public and the Commission in accordance with Article 5(4), within 3 months from their submission by an operator or the completion of a mitigation plan by a Member State.

11.

Without prejudice to Directives 2008/56/EC and 2013/30/EU, the competent authorities may decide to exempt offshore oil and gas wells located at a water depth greater than 700 metres from the requirements under paragraph 3 or 9 of this Article, if robust evidence can be provided that the impact on the climate of potential methane emissions from those wells is highly likely to be negligible.

12.

Without prejudice to Directives 2008/56/EC and 2013/30/EU, and subject to the approval of the competent authorities, offshore temporarily plugged wells and permanently plugged and abandoned wells located at water depth between 200 and 700 metres may be exempted from the requirements under paragraph 3 or 9 of this Article, where the operator can demonstrate that the impact on the climate of potential methane emissions from those wells is highly likely to be negligible by a reference to an environmental impact assessment conducted before drilling or after accidents during operations.

CHAPTER 4

METHANE EMISSIONS IN THE COAL SECTOR

Section I

Monitoring and reporting in active coal mines

Article 19
Scope
1.

This Section applies to active underground and surface coal mines.

2.

Methane emissions resulting from active underground coal mines include the following emissions:

(a) methane emissions from all ventilation shafts in use by the mine operator;

(b) methane emissions from drainage stations and from the methane drainage system, whether occurring as a result of intentional or unintentional venting, or incomplete combustion from flaring;

(c) methane emissions occurring during post-mining activities and within the area of the coal mine.

3.

Methane emissions resulting from active surface coal mines include the following emissions:

(a) methane emissions occurring at the coal mine during the mining process;

(b) methane emissions occurring during post-mining activities and within the area of the coal mine.

Article 20
Monitoring and reporting
1.

For underground coal mines, mine operators shall take continuous source-level direct measurements and quantification on all exhaust ventilation shafts. Mine operators shall report to the competent authorities methane emissions per ventilation shaft per year in kilotonne of methane, using equipment and methodologies resulting in a measurement accuracy with a tolerance of 0,5 kilotonne of methane per year or of 5 % of the reported amount, whichever value is lower.

2.

Drainage station operators shall take continuous source-level direct measurements and quantification of total releases of vented and flared methane, regardless of the reasons for such venting and flaring.

3.

For surface coal mines, mine operators shall use deposit-specific coal mine methane emission factors to quantify methane emissions resulting from mining operations. Mine operators shall establish those emission factors on a quarterly basis, in accordance with appropriate scientific standards and taking into account methane emissions from surrounding strata.

4.

The measurements and quantification referred to in paragraphs 1, 2 and 3 shall be undertaken in accordance with the applicable standards or technical prescriptions established pursuant to Article 32. Until the date of application of those standards or technical prescriptions, mine operators shall follow state-of-the-art industry practices and use the best available technologies for the measurement and quantification of methane emissions. Mine operators shall provide competent authorities and verifiers with information on the standards, including international standards, or methodologies used.

As regards continuous source-level direct measurements and quantification referred to in paragraphs 1 and 2, where part of the measuring equipment is not operating for a certain period, readings taken during periods when the equipment was operating may be used to estimate data on a pro rata basis for the period that the equipment was not operating.

The equipment used for continuous source-level direct measurements and quantification referred to in paragraphs 1 and 2 shall operate for more than 90 % of the period for which it is used to monitor methane emissions, excluding downtime taken for re-calibration and repairs.

5.

Where relevant, mine operators shall estimate coal post-mining methane emissions using coal post-mining emission factors, updated annually, based on deposit-specific coal samples and in accordance with appropriate scientific standards.

6.

By 5 August 2025 and by 31 May every year thereafter, mine operators and drainage station operators shall submit a report to the competent authorities containing data on yearly source-level methane emissions in accordance with this Article.

That report shall cover the last available calendar year period and include the elements set out in Part 1 of Annex VI for active underground coal mines, Part 2 of Annex VI for active surface coal mines and Part 3 of Annex VI for drainage stations.

Before submission to the competent authorities, mine operators and drainage station operators shall ensure that the reports referred to in this paragraph are assessed by a verifier and include a verification statement issued in accordance with Article 8.

7.

The competent authorities shall make the reports referred to in this Article available to the public and the Commission in accordance with Article 5(4), within 3 months from submission by mine operators.

Section II

Mitigation of methane emissions resulting from active underground coal mines

Article 21
Scope

This Section applies to methane emissions from underground coal mines referred to in Article 19(2).

Article 22
Mitigation measures
1.

Flaring with a destruction and removal efficiency by design level below 99 % and venting of methane from drainage systems shall be prohibited from 1 January 2025, except in the case of an emergency or a malfunction, or where unavoidable and strictly necessary for maintenance and except venting in accordance with paragraph 2. 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 of venting instead of flaring.

2.

Venting of methane through ventilation shafts in coal mines emitting more than 5 tonnes of methane per kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 2027, except in the case of an emergency.

Venting of methane through ventilation shafts in coal mines emitting more than 3 tonnes of methane per kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 2031, except in the case of an emergency.

Those thresholds shall apply per year, per mine and per operator, if one entity operates several coal mines.

Measures taken in accordance with this paragraph shall not lead to the deterioration of the safety of workers.

3.

By 5 August 2027, the Commission shall adopt a delegated act in accordance with Article 34 to supplement this Regulation by setting out restrictions on venting methane from ventilation shafts for coking coal mines.

4.

Without prejudice to Articles 107 and 108 of the Treaty on the Functioning of the European Union (TFEU), Member States may use a system of incentives to reduce methane emissions based on fees, charges or penalties, as referred to in Article 33, in order to ensure that operators of existing coal mines comply with the obligations, set out in paragraphs 1 and 2 of this Article.

Article 23
Reporting of venting events and flaring events
1.

From 1 January 2025, drainage station operators shall notify the competent authorities of all venting events and all flaring events with a destruction and removal efficiency by design level below 99 %:

(a) caused by an emergency or a malfunction,

(b) occurring unavoidably, due to maintenance of the drainage system.

That notification shall be made in accordance with Annex VII, without delay after the event and at the latest within 48 hours from the start of the event or the moment the operator became aware of it.

2.

The competent authorities shall make the information submitted to them pursuant to this Article available to the public and the Commission on an annual basis in accordance with Article 5(4).

Section III

Methane emissions from closed underground coal mines and abandoned underground coal mines

Article 24
Scope

This Section applies to the following methane emissions from closed underground coal mines and abandoned underground coal mines where coal production ceased after 3 August 1954:

(a) methane emissions from all ventilation shafts which continue to emit methane;

(b) methane emissions from coal mining equipment the use of which has been discontinued;

(c) methane emissions from other well defined point emission sources as specified in Part 1 of Annex VIII.

Article 25
Monitoring and reporting
1.

By 5 August 2025, Member States shall set up and make publicly available an inventory of all closed underground coal mines and abandoned underground coal mines in their territory or under their jurisdiction where operations ceased after 3 August 1954, in accordance with the methodology and including at least the elements set out in Part 1 of Annex VIII.

2.

From 5 May 2026, methane emissions shall be measured in all closed underground coal mines and abandoned underground coal mines where operations ceased after 3 August 1954.

Measurement equipment shall be installed on all elements listed in Part 1, point 1.5, of Annex VIII which were found to emit above 0,5 tonnes of methane per year based on the inventory in paragraph 1 of this Article. That measurement equipment shall take source- level direct measurements or perform source-level quantification in accordance with the applicable standards or technical prescriptions established under Article 32, at least on an hourly basis and of sufficient quality to allow for a representative estimation of annual methane emissions from all elements listed in Part 1, point 1.5, of Annex VIII which were found to emit methane. Until the date of application of those standards or technical prescriptions, mine operators shall follow state-of-the-art industry practices and use the best available technologies for the measurement and quantification of methane emissions. Mine operators shall provide competent authorities and verifiers with information on the standards, including European or other international standards, technical prescriptions or methodologies used.

The measurement equipment shall operate for more than 90 % of the period for which it is used to monitor methane emissions, excluding downtime taken for re-calibration and repair.

3.

If the observed annual methane emissions from an element listed in Part 1, point 1.5, of Annex VIII is below 1 tonne of methane for 6 consecutive years in the case of flooded underground coal mines or 12 consecutive years in the case of non-flooded underground coal mines, no further monitoring and reporting shall be taken for that specific element.

4.

Upon request from the responsible party, competent authorities may exempt closed underground coal mines and abandoned underground coal mines from the requirements of paragraphs 2 and 3 of this Article and Part 1, point 1.5, of Annex VIII where the responsible party demonstrates that those mines have been fully flooded for at least 10 years prior to the date of the request.

That request shall be accompanied by a report from the responsible party. That report shall demonstrate the stabilisation of the hydrogeological conditions as well as the absence of material amounts of methane emissions from the relevant coal mine. The competent authorities shall make that report publicly available in accordance with national law.

5.

Where the competent authorities receive reliable evidence of material amounts of methane emissions from a closed underground coal mine or abandoned underground coal mine as referred to in paragraph 4, the obligations set out in paragraphs 2 and 3 shall apply to that coal mine.

6.

Reports containing estimates of yearly source-level methane emissions data shall be submitted to the competent authorities by 5 August 2026 and by 31 May every year thereafter.

Those reports shall cover the last available calendar year and include the elements set out in Part 2 of Annex VIII.

Before submission to the competent authorities, the reports referred to in this paragraph shall be assessed by a verifier. They shall include a verification statement issued in accordance with Article 8.

7.

Mine operators or Member States shall be responsible for the compliance with the requirements referred to in paragraphs 2 to 6 of this Article as regards closed underground coal mines. Member States shall be responsible for the compliance with the requirements referred to in paragraphs 2 to 6 of this Article as regards abandoned underground coal mines. In the case of alternative uses of abandoned underground coal mines, the permit holder referred to in Article 26(3) shall be responsible for the compliance with the requirements referred to in paragraphs 2, 3 and 6 of this Article.

8.

The competent authorities shall make the reports referred to in this Article available to the public and the Commission, in accordance with Article 5(4), within 3 months from submission by the party responsible.

Article 26
Mitigation measures
1.

On the basis of the inventory referred to in Article 25, Member States shall develop and implement a mitigation plan to address methane emissions from closed underground coal mines and abandoned underground coal mines where operations ceased after 3 August 1954.

That mitigation plan shall be submitted to the competent authorities by 5 February 2027. It shall include key milestones for its implementation and at least the elements set out in Part 3 of Annex VIII.

2.

Venting and flaring from equipment referred to in Article 25(2) shall be prohibited from 1 January 2030, unless utilisation of methane or reduction of methane emissions is not technically feasible or risks endangering environmental safety, human safety, including that of the personnel, or health. In such a situation, as part of the reporting obligations set out in Article 25, mine operators or Member States shall demonstrate the necessity of venting or flaring instead of utilisation of methane or reduction of methane emissions.

3.

Alternative use of abandoned underground coal mines shall be allowed following a permitting procedure adapted to the specific type of alternative use of the abandoned underground coal mine. The applicant shall provide to the competent authorities a detailed plan of measures to avoid methane emissions. The permit holder shall comply with the monitoring, reporting and mitigation obligations under Article 25 and this Article.

4.

Without prejudice to the applicable sector-specific Union law, for closed underground coal mines, existing best mitigation practices to reduce methane emissions shall be allowed.

CHAPTER 5

METHANE EMISSIONS OF CRUDE OIL, NATURAL GAS AND COAL PLACED ON THE UNION MARKET

Article 27
Requirements applying to importers
1.

By 5 May 2025 and by 31 May every year thereafter, importers shall provide the information set out in Annex IX to the competent authorities of the Member State in which they are established. Where importers fail to provide that information, in whole or in part, they shall provide sound justification to those competent authorities for such failure and set out the actions that they have undertaken to obtain that information.

The Commission is empowered to adopt delegated acts in accordance with Article 34 to amend this Regulation by modifying the information required to be provided by importers.

2.

By 5 August 2025 and by 31 August every year thereafter, Member States shall submit to the Commission the information provided by importers.

The Commission shall make that information available in accordance with Article 30.

Article 28
Equivalence of monitoring, reporting and verification measures
1.

From 1 January 2027, importers shall demonstrate, and report in accordance with Article 27(1), to the competent authorities of the Member State in which they are established that the contracts concluded or renewed on or after 4 August 2024 for the supply of crude oil, natural gas or coal produced outside the Union cover only crude oil, natural gas or coal that is subject to monitoring, reporting and verification measures applied at the level of the producer that are equivalent to those set out in this Regulation.

2.

For contracts concluded before 4 August 2024 for the supply of crude oil, natural gas or coal produced outside the Union, importers shall undertake all reasonable efforts to require that crude oil, natural gas or coal is subject to monitoring, reporting and verification measures applied at the level of the producer that are equivalent to those set out in this Regulation. Those efforts may include the amendment of those contracts.

From 1 January 2027, importers shall annually inform the competent authorities of the Member State in which they are established of the results of such efforts, as part of the information to be provided pursuant to in Article 27(1) and, in case of failure, provide sound justification to those competent authorities for such failure and set out the actions that they have undertaken as part of those efforts.

3.

The Commission shall issue recommendations containing optional model clauses related to the information to be provided for the purposes of paragraphs 1 and 2, to be used by importers placing crude oil, natural gas and coal on the Union market in the process of modifying or renewing existing contracts or signing new contracts for the supply of crude oil, natural gas and coal.

4.

The competent authorities of the Member States shall protect the confidentiality of the information received from importers under this Article, in accordance with Union law. The competent authorities shall provide that information to the Commission which shall protect the confidentiality of such information, in accordance with Union law.

5.

For the purposes of this Article, monitoring, reporting and verification measures shall be considered to be equivalent to those set out in this Regulation in the following cases:

(b) the third country has in place and applies to producers and exporters established in that third country and supplying crude oil, natural gas or coal to the Union market a regulatory framework on monitoring, reporting and verification that is at least equivalent to that applied in the Union; in particular, the third country has demonstrated that those monitoring and reporting requirements ensure at least source- and site-level quantification and regular reporting equivalent to those set out in Article 12, for crude oil and natural gas, and in Article 20, for coal, and that effective verification by an independent third party, equivalent to that set out in Articles 8 and 9, as well as effective supervision and enforcement are in place.

6.

For the purposes of paragraph 5, point (b), the Commission shall set out, by means of an implementing act, the procedure and requirements concerning evidence to be provided by a third country for establishing equivalence. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 35(3).

The procedure of establishing equivalence may be initiated on the request of a third country or by the Commission.

The Commission shall actively engage with all third countries exporting crude oil, natural gas or coal to the Union market to obtain their agreement to initiate such a procedure, taking into account the quantity imported from those third countries and their potential for reducing their methane emissions.

Equivalence shall be established by the Commission, by means of implementing acts for each relevant third country, only where the third country fulfils all the conditions set out in paragraph 5, point (b), of this Article and all required evidence is provided. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 35(3) of this Regulation. The Commission shall refrain from adopting such implementing acts where their adoption would circumvent restrictive measures adopted under Article 215 TFEU restricting the import of crude oil, natural gas or coal.

Equivalence may be revoked at any time by the Commission, by means of an implementing act, where the third country no longer complies, in law or in practice, with the conditions set out in paragraph 5, point (b), of this Article during a period of at least 12 months. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 35(3). Prior to adopting that implementing act, the Commission shall notify the third country of its concerns and give it an opportunity to state its views.

When preparing the implementing acts referred to in this paragraph, the Commission shall inform the Coordination Group for oil and petroleum products, established by Council Directive 2009/119/EC (28), the Gas Coordination Group, established by Regulation (EU) 2017/1938 of the European Parliament and of the Council (29), and the Electricity Coordination Group, established by the Commission, as well as other relevant stakeholders. Those implementing acts shall enter into force not earlier than 30 calendar days following the date of their adoption.

7.

Importers shall be exempt from the reporting obligations set out in paragraphs 1 and 2 where they import crude oil, natural gas or coal from a third country for which equivalence has been established in accordance with paragraph 6.

8.

From 4 August 2024, where appropriate and subject to the applicable procedures, the Commission shall propose and aim for the Union to enter into cooperation frameworks with third countries from which the Union imports crude oil, natural gas or coal to support them in establishing a monitoring, reporting and verification system equivalent to that established in this Regulation. The Commission shall not recommend entering into such cooperation frameworks where those frameworks would circumvent restrictive measures adopted under Article 215 TFEU on the import of crude oil, natural gas or coal.

Article 29
Methane intensity of the production of crude oil, natural gas and coal
1.

By 5 August 2028 and every year thereafter, for the supply contracts concluded or renewed on or after 4 August 2024, Union producers and, pursuant to Article 27(1), importers shall report to the competent authorities of the Member State in which they are established the methane intensity of the production of crude oil, natural gas and coal placed by them on the Union market calculated in accordance with the methodology set out pursuant to paragraph 4 of this Article.

For supply contracts concluded before 4 August 2024, Union producers and, pursuant to Article 27(1), importers shall undertake all reasonable efforts to report to the competent authorities of the Member State in which they are established the methane intensity of the production of crude oil, natural gas and coal placed by them on the Union market calculated in accordance with the methodology set out pursuant to paragraph 4 of this Article. From 5 August 2028, Union producers and importers placing crude oil, natural gas or coal on the Union market shall report annually to the competent authorities of the Member State in which they are established of the results of such efforts.

2.

By 5 August 2030 and every year thereafter, Union producers and importers placing crude oil, natural gas and coal on the Union market under supply contracts concluded or renewed after 5 August 2030 shall demonstrate to the competent authorities of the Member State in which they are established that the methane intensity of the production of crude oil, natural gas and coal placed by them on the Union market, calculated in accordance with the methodology set out pursuant to paragraph 4, is below the maximum methane intensity values established in accordance with paragraph 6 to promote the global methane emissions reductions for those products.

3.

The competent authorities of the Member States shall protect the confidentiality of the information received from Union producers and importers under this Article, in accordance with Union law. The competent authorities shall provide that information to the Commission, which shall protect the confidentiality of such information, in accordance with Union law.

4.

By 5 August 2027, the Commission shall adopt a delegated act in accordance with Article 34 to supplement this Regulation by setting out the methodology for calculating, at the level of the producer, the methane intensity of the production of crude oil, natural gas and coal placed on the Union market. That methodology shall take into account different production processes and site conditions, as well as existing international methodologies and best practice for calculating methane intensity. That methodology shall be non-discriminatory and based on transparent and objective criteria. When preparing such delegated acts, the Commission shall inform the Coordination Group for oil and petroleum products, the Gas Coordination Group, the Electricity Coordination Group and other relevant stakeholders.

5.

By 5 August 2029, the Commission shall assess the potential impact of various levels of maximum methane intensity values associated with crude oil, natural gas and coal placed on the Union market at the level of the producer, and present a report to the European Parliament and to the Council. That report shall include an assessment of the potential reduction of global methane emissions, of the impact on the security of energy supply at Union and national level and on the competitiveness of the Union’s economy, and of the potential global and regional market distortions. That report shall also include a market assessment with regard to the methane intensity of current and future supplies to the Union until 2049 through both long-term contracts and spot purchases. That assessment shall analyse the situation per Member State, taking into account contractual commitments entered into before 4 August 2024, energy infrastructure capacities and potential constraints.

6.

On the basis of the assessment referred to in paragraph 5 and on objective criteria, the Commission shall adopt delegated acts in accordance with Article 34 to supplement this Regulation by setting out the maximum methane intensity values associated with crude oil, natural gas and coal placed on the Union market at the level of the producer. Those delegated acts shall be consistent with the methodology for calculating the methane intensity of the production of crude oil, natural gas and coal placed on the Union market set out in accordance with this Article. Those delegated acts shall also specify different methane intensity classes for crude oil, natural gas and coal. Those maximum methane intensity values shall be determined separately for crude oil, natural gas and coal, covering the best performing class or classes. Those maximum methane intensity values and methane intensity classes shall take into account the different sources, production processes and site conditions and shall be set at levels that promote reductions of the global methane emissions in relation to the crude oil, natural gas and coal placed on the Union market, while preserving the security of energy supply at Union and national level, ensuring a balanced distribution of the volumes of crude oil, natural gas and coal placed on the Union market as well as non-discriminatory treatment, and protecting the competitiveness of the Union’s economy.

Article 30
Methane transparency database and methane performance profiles
1.

By 5 February 2026, the Commission shall establish and maintain a methane transparency database, including relevant information on Member States and third countries, undertakings, importers and volumes of crude oil, natural gas and coal placed on the Union market, in particular the information submitted to it pursuant to Article 12(8), Article 18(10), Article 20(7), Article 23(2), Article 25(8), Article 27(2), Article 28(4) and Article 29(3).

2.

In addition to the information referred to in paragraph 1, the database shall include at least the following information:

(a) a list of third countries where crude oil, natural gas or coal is produced and from which it is exported to the Union;

(c) for each Member State, a list of importers placing crude oil, natural gas or coal on the Union market;

The methane transparency database shall serve as an information tool that is to be publicly available free of charge.

The methane transparency database shall indicate where the quality and reliability of the submitted information have been verified by independent third parties.

3.

By 5 August 2026, on the basis of the information available in the methane transparency database, the Commission shall publish the methane performance profiles of Member States and of Union producers or importers, as applicable, which place crude oil, natural gas or coal on the Union market, as well as of third countries from which the Union imports crude oil, natural gas or coal and of third-country producers or exporters which supply them to the Union.

4.

The methane performance profiles published in accordance with paragraph 3 shall be updated annually and shall contain, at least and as applicable:

(a) methane emissions related to crude oil, natural gas and coal placed on the Union market and a data quality assessment for reported methane emissions, including the level of OGMP 2.0 reporting, where relevant;

(b) an assessment of the efforts undertaken to monitor, report and reduce methane emissions by Union producers or importers, as well as by third-country producers or exporters, placing crude oil, natural gas or coal on the Union market, including by region where relevant;

(c) analysis of super-emitting events that occurred in Member States or in third countries from which the Union imports crude oil, natural gas or coal and how those events were addressed.

5.

The methane performance profiles published in accordance with paragraph 3 shall be made publicly available online free of charge.

6.

This Article shall apply without prejudice to Directive (EU) 2016/943.

Article 31
Global methane monitoring tool and rapid reaction mechanism
1.

By 5 August 2026, the Commission shall establish a global methane monitoring tool based on satellite data and input from several certified data providers and services, including the Copernicus component of the Union Space Programme established by Regulation (EU) 2021/696. To that end, the Commission may use existing international tools or frameworks, where available.

The global methane monitoring tool shall be made publicly available and shall provide regular updates at least on the occurrence, magnitude and location of high methane-emitting events from energy sources within or outside the Union.

2.

By 5 February 2026, the Commission shall establish a rapid reaction mechanism to address super-emitting events.

The Commission shall promptly notify any detected super-emitting event to the Member State or third country under whose jurisdiction the event has taken place, as appropriate. Where feasible, the Commission shall also notify the producer related to the source or set of connected sources emitting methane. That notification shall include a request to promptly provide additional information on the super-emitting event and the remedial measures taken or planned to be taken to mitigate the impact or stop the event, including the timeframe within which those measures are to take place. The Commission shall undertake all necessary contacts in order to obtain and verify the information received in connection with the event, including, where applicable, in cooperation with competent international organisations. To that end, the Commission may use existing international tools or frameworks, where available.

3.

The Commission shall propose to establish on the Union’s behalf bilateral dialogues with third countries from which the Union imports crude oil, natural gas or coal with the aim to set up a framework for an information exchange and an early detection and warning system to detect and alert each other of the occurrence of super-emitting events and remedial measures taken or to be taken in order to prevent or stop such events. Those dialogues shall also aim to identify ways to accelerate the reduction of methane emissions in the energy sector and, if necessary, may offer an exchange of best practices and advice to set up monitoring, reporting, verification and reduction measures equivalent to those established in this Regulation.

The Commission shall not propose to establish bilateral dialogues with third countries where that would circumvent restrictive measures adopted under Article 215 TFEU on the import of crude oil, natural gas and coal.

4.

Based on the monitoring carried out in the context of the dialogues referred to in paragraphs 2 and 3, the Commission shall keep the European Parliament and the Council informed about the notifications of super-emitting events and the implementation of remedial measures in the Union and in third countries from which the Union imports crude oil, natural gas or coal and any potential impact on the security of energy supply at Union and national level.

5.

This Article shall apply without prejudice to Directive (EU) 2016/943.

CHAPTER 6

FINAL PROVISIONS

Article 32
Standards and technical prescriptions
1.

The Commission shall, in accordance with Article 10(1) to (5) of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards for:

(a) measurement and quantification of methane emissions as referred to in Article 12(5);

(b) LDAR surveys as referred to in Article 14(1);

(c) equipment as referred to in Article 15(3) and (5);

(d) quantification of methane emissions as referred to in Article 18(3); and

(e) measurement and quantification of methane emissions as referred to in Article 20(4) and Article 25(2).

Upon reception of a draft standard by a European standardisation organisation, the Commission shall assess its conformity with the relevant standardisation request, with this Regulation and with other applicable Union law.

The Commission is empowered to adopt delegated acts in accordance with Article 34 to supplement this Regulation by establishing mandatory standards, or parts thereof, as referred to in this paragraph.

2.

Where no delegated act has been adopted in accordance with paragraph 1 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 34 to supplement this Regulation by establishing mandatory technical prescriptions, or parts thereof, for the purposes of:

(a) measurement and quantification of methane emissions as referred to in Article 12(5);

(b) LDAR surveys as referred to in Article 14(1);

(c) equipment as referred to in Article 15(3) and (5);

(d) quantification of methane emissions as referred to in Article 18(3); and

(e) measurement and quantification of methane emissions as referred to in Article 20(4) and Article 25(2).

The Commission may adopt those delegated acts only where it has issued a standardisation request to one or more European standardisation organisations and one of the following conditions is fulfilled:

(a) the request has not been accepted;

(b) the requested standards have not been delivered within the set deadline;

(c) the standards developed by the European standardisation organisations do not comply with the request; or

(d) the standards developed by the European standardisation organisation are considered to be insufficient to cover the requirements of this Regulation, in full or in part.

Article 33
Penalties
1.

Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented.

The penalties provided for shall be effective, proportionate and dissuasive and shall include at least:

(b) periodic penalty payments to compel operators, undertakings, mine operators or importers to put an end to an infringement, comply with a decision ordering remedial actions or corrective measures, provide information or submit to an inspection, as applicable.

By 5 August 2025, Member States shall notify the Commission of those rules and those measures and shall notify it without delay of any subsequent amendment affecting them.

2.

Member States shall, in accordance with national law, ensure that the competent authorities have the power to impose at least the following administrative penalties and administrative measures for infringements of Article 12, Article 14(14), Article 16(2), Article 20, Article 23(1), Article 27(1), Article 28(1) and (2) and Article 29(1) and (2), provided that they do not endanger the security of energy supply:

(a) adopt a decision requiring the person to bring the infringement to an end;

(b) order the confiscation of the profits gained or losses avoided due to the infringements insofar as they can be determined;

(c) issue public warnings or notices;

(d) adopt a decision imposing periodic penalty payments;

(e) adopt a decision imposing administrative fines.

In the case of legal persons, the amount of the administrative fines referred to in point (e) shall not exceed 20 % of the annual turnover in the preceding business year. In the case of natural persons, the amount of those fines shall not exceed 20 % of the annual income in the preceding calendar year.

3.

Where the legal system of the Member State does not provide for administrative fines, fines may be imposed by the competent national courts at the request of the competent authorities. Those fines shall be effective and their effect shall be equivalent to that of the administrative fines imposed by administrative authorities.

4.

In the exercise of their powers under this Article, competent authorities shall cooperate closely to ensure that their powers are exercised, and that the administrative penalties and administrative measures they impose are designed and applied, in an effective and consistent way across the Union.

5.

At least the following infringements shall be subject to penalties:

(a) failure of operators, undertakings, mine operators or importers to provide the competent authorities or the verifiers with the assistance necessary for 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 inspection reports referred to in Article 6(5) and (6);

(c) failure of operators or mine operators to submit the methane emissions reports as required by Article 12, Article 18(3), Article 20 and Article 25(6), including the verification statement issued by an independent verifier in accordance with Article 8(4);

(d) failure of operators to submit a LDAR programme in accordance with Article 14(1) or carry out a LDAR survey in accordance with Article 14(2), (5) and (6);

(e) failure of operators to repair or replace components, to continuously survey components and to record leaks in accordance with Article 14(8) to (13);

(f) failure of operators to submit a report in accordance with Article 14(14);

(g) venting or flaring, including routine flaring, by operators or mine operators, except in the situations provided for in Article 15(2) and (3), Article 22(1) and (2), and Article 26(2);

(h) failure of operators or mine operators to demonstrate the necessity to use venting instead of flaring and to demonstrate the necessity to use flaring instead of re-injection, utilisation on-site, storage for later use or dispatch of methane to a market, in the case of operators, or utilisation or mitigation, in the case of mine operators, in accordance with Article 15(4) and (6), Article 22(1) and (2), and Article 26(2);

(i) failure of operators to replace or use venting equipment in accordance with Article 15(5) and (7);

(j) failure of operators or mine operators to notify or report on venting events and flaring events in accordance with Article 16, Article 23(1) or Article 26, as applicable;

(k) use of flare stacks or combustion devices in breach of the requirements laid down in Articles 17, 22 and 23;

(l) failure of the responsible party to apply mitigation measures in accordance with Article 18(6) and (9);

(m) failure of importers to provide the information required in accordance with Article 27(1) and Annex IX;

(n) failure of importers to provide the information required in accordance with Article 28(1) and (2);

(o) failure of Union producers or importers to provide the information required in accordance with Article 29(1) and (2);

(p) failure of Union producers or importers to comply with the maximum methane intensity values set out in the delegated acts adopted in accordance with Article 29(6).

6.

Where the conditions set out in Article 15(8) are fulfilled, Member States shall consider reducing or not imposing penalties on operators for the implementation period deemed necessary by the national authorities.

7.

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 operator, undertaking, mine operator or importer to timely mitigate or remedy the damage;

(c) the intentional or negligent character of the infringement;

(d) any previous or repeated infringements by the operator, undertaking, mine operator or importer;

(e) the economic benefits gained or losses avoided, directly or indirectly, by the operator, undertaking, mine operator or importer due to the infringement, if the relevant data are available;

(f) the size of the operator, undertaking, mine operator or importer;

(g) the degree of cooperation with the authorities;

(h) the manner in which the infringement became known to the authorities, in particular whether, and if so to what extent, the operator, undertaking, mine operator or importer timely notified the infringement;

(i) any other aggravating or mitigating factor applicable to the circumstances of the case, including third party actions.

8.

Member States shall publish annually information on the type and size of the penalties imposed under this Regulation, the infringements and the operators, undertakings, mine operators or importers upon which penalties have been imposed.

Where applicable, such information shall be reported in accordance with Article 22 of Directive (EU) 2024/1203 of the European Parliament and of the Council (30).

Article 34
Exercise of the delegation
1.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.

The power to adopt delegated acts referred to in Article 22(3), Article 27(1), Article 29(4) and (6), and Article 32 shall be conferred on the Commission for a period of 5 years from 4 August 2024 to be tacitly extended for periods of an identical duration.

3.

The delegation of power referred to in Article 22(3), Article 27(1), Article 29(4) and (6), and Article 32 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.

4.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.

A delegated act adopted pursuant to Article 22(3), Article 27(1), Article 29(4) and (6), or Article 32 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 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 2 months at the initiative of the European Parliament or of the Council.

Article 35
Committee procedure
1.

The Commission shall be assisted by the Energy Union Committee established by Article 44 of Regulation (EU) 2018/1999. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 36
Commission monitoring, review and reports
1.

The Commission shall monitor and review the application of this Regulation and submit, by 1 January 2028 and every 5 years thereafter, a report to the European Parliament and to the Council.

2.

The first report referred to in paragraph 1 shall in particular review the following:

(a) the effectiveness and efficiency of this Regulation in establishing transparent and accurate measurement, reporting and verification rules and in reducing methane emissions associated with the production of crude oil, natural gas and coal placed on the Union market;

(b) if feasible, the achieved level of reduction of methane emissions associated with the production of crude oil, natural gas and coal placed on the Union market as a result of this Regulation;

(c) whether additional or alternative measures are necessary to foster and accelerate the reduction of methane emissions in the value chain of crude oil, natural gas and coal placed on the Union market to support the Union’s target of net-zero greenhouse gas emissions by 2050 and its commitments under the Paris Agreement.

That review shall take into account the relevant Union legislation in related fields. The Commission, where appropriate, shall submit to the European Parliament and to the Council a legislative proposal together with its report, taking into account the relevant Union legislation in related fields.

3.

For the purpose of this Article, the Commission may request information from Member States and competent authorities and shall take into account in particular the information provided by Member States in their integrated National Energy and Climate Plans and the updates thereto and in their National Energy and Climate progress reports pursuant to Regulation (EU) 2018/1999.

Article 37
Amendment to Regulation (EU) 2019/942

In Article 15 of Regulation (EU) 2019/942 the following paragraph is added:

‘8.   Every 3 years, ACER, after consulting Member States, shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs linked to measurement, quantification, monitoring, reporting, verification and reduction, including venting and flaring, of methane emissions for comparable projects. It shall issue recommendations on indicators and reference values for unit investment costs for the purposes of complying with the obligations under Regulation (EU) 2024/1787 of the European Parliament and of the Council(*1) as provided in Article 3 of that Regulation.

Article 38
Entry into force

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