What changed between the plenary report and the adopted text

Article 15 – paragraph 2 – point b: deleted

Article 15 – paragraph 3 – introductory part: 3. In addition to paragraph 2, point (a), venting and flaring shall only be allowed in the following specific situations where venting or flaring, as applicable, cannot be completely eliminated or is necessary for safety reasons:

Article 15 – paragraph 3 – point a: (a) during normal operations of pneumatic devices and pumps, dry gas seals, compressors, atmospheric pressure storage tanks, or other components designed to vent, provided that the equipment meets all the specified equipment standards established pursuant to paragraph 5b, and is properly maintained and regularly inspected to minimise methane losses;

Article 15 – paragraph 3 – point c: (c) during gauging or sampling a storage tank or other low-pressure vessel, provided that the tank or vessel meets the standards established pursuant to paragraph 5b;

Article 15 – paragraph 3 – point d: (d) during loading out liquids from a storage tank or other low-pressure vessel to a transport vehicle in compliance with applicable standards, provided that the tank or vessel meets the standards established pursuant to paragraph 5b;

Article 15 – paragraph 3 – point e: (e) during repair, maintenance, test procedures and decommissioning, including blowing down and depressurizing equipment to perform repair and maintenance;

Article 15 – paragraph 4: 4. Where venting is allowed pursuant to paragraph 2, operators shall vent only where flaring is not technically feasible due to lack of flammability, inability to sustain a flame, safety concerns, when the environmental or climate impact of mitigation measures is higher than the benefit, or when it risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 16, operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.

Article 15 – paragraph 5: 5. In addition to the conditions set out in paragraph 2, flaring shall only be allowed where either re-injection, utilisation on-site, gas processing, or dispatch of the methane to a market are not feasible for reasons other than economic considerations. In such a situation, as part of the reporting obligations set out in Article 16, operators shall demonstrate to the competent authorities the necessity to opt for flaring instead of either re-injection, utilisation on-site or dispatch of the methane to market.

Article 15 – paragraph 5 a (new): 5a. Where a site is built, replaced or refurbished, in whole or in part, operators shall utilise only zero-emitting pneumatic controllers and pumps on that site.

Article 15 – paragraph 5 b (new): 5b. By... [24 months from the date of entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 31 to supplement this Regulation by incorporating and setting out the applicability of technology standards for venting, zero-emitting and flaring equipment. The Commission shall be empowered to revise such delegated acts in line with technological developments.

Article 15 – paragraph 5 c (new): 5c. Where the implementation of this Article requires a permit or any other administrative approval from relevant authorities, or where the lack of available venting or flaring equipment causes an exceptional delay in actions necessary for that implementation, operators shall provide the competent authorities with a detailed schedule for that implementation. Operators shall proceed to implement without delay. The competent authorities may request modifications of the schedule.

Article 16 – paragraph 1 – subparagraph 1 – point a: (a) caused by an emergency, a malfunction or;

Article 17 – paragraph 1: 1. Operators shall install all flare stacks that uses combustion devices with an auto-igniter or continuous pilot and at least 99% destruction and removal efficiency for hydrocarbons by ...[18 months from the date of entry into force of this Regulation].

Article 17 – paragraph 2: deleted

Article 18 – paragraph 4: 4. The competent authorities shall make the reports set out in this Article available to the public and the Commission, within three months from submission and in accordance with Article 5(4).

Article 18 – paragraph 5: 5. Member States shall be responsible for fulfilling the obligations laid down in paragraphs 2, except where a responsible party can be identified, in which case that party shall bear responsibility.

Article 18 – paragraph 6 – subparagraph 1: By ...[12 months from the date of entry into force of this Regulation] Member States or the responsible party shall develop a mitigation plan to remediate, reclaim and permanently plug inactive wells located in their territory, and implement it by... [24 months from the date of entry into force of this Regulation].

Article 18 – paragraph 6 a (new): 6 a. When identifying inactive, permanently plugged and abandoned wells, Member States shall undertake a robust and objective assessment based on the most up to date scientific findings, including data from IMEO).

Article 20 – paragraph 1: 1. For underground coal mines, mine operators shall perform continuous source level methane direct emissions measurement and quantification on all exhaust ventilation shafts. Mine operators shall report to the competent authorities methane releases per ventilation shaft per year in kilotonne (kt) of methane, using equipment and methodologies resulting in a measurement accuracy with a tolerance of 0,5 kt/year of methane or of 5% of the reported amount. They shall also take monthly sample-based measurements.

Article 20 – paragraph 2: 2. Drainage stations operators shall perform continuous source level direct emissions measurements and quantification of total releases of vented and flared methane, regardless of the reasons for such venting and flaring activity.

Article 20 – paragraph 4 – subparagraph 2: 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 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.

Article 20 – paragraph 4 – subparagraph 3: 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 an emission, excluding downtime taken for re-calibration.

Article 20 – paragraph 5: 5. Where relevant, mine operators shall estimate 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.

Article 22 – paragraph 1: 1. Flaring with a destruction and removal design efficiency below 99% and venting of methane from drainage system shall be prohibited from 1 January 2025, except in the case of an emergency or where unavoidable and strictly necessary for maintenance. In such cases, drainage station operators shall vent only if flaring is not technically feasible or risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 23, drainage station operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.

Article 22 – paragraph 2: 2. Venting of methane through ventilation shafts in coal mines emitting more than five tonnes of methane/kilotonne of coal mined , other than coking coal mines, shall be prohibited from 1 January 2027, except where it would pose a direct threat to the health and life of working miners and would increase the work-safety risk in mining plants. / Venting of methane through ventilation shafts in coal mines emitting more than three tonnes of methane/kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 2031. / These thresholds shall apply per year per mine and per operator, if one entity operates several mines.

Article 23 – paragraph 1 – subparagraph 1 – introductory part: From 1 January 2025, drainage station operators shall notify the competent authorities of all venting events and flaring events with a destruction and removal design efficiency below 99%.

Article 23 – paragraph 1 – subparagraph 1 – point a: (a) caused by an emergency,

Article 24 – paragraph 1 – introductory part: This Section applies to the following methane emissions from closed and abandoned and closed underground coal mines where coal production has been discontinued:

Article 25 – paragraph 1: 1. By … [12 months from the date of entry into force of this Regulation] Member States shall set up and make publicly available an inventory of all underground and abandoned coal mines in their territory or under their jurisdiction, in accordance with the methodology and including at least the elements set out in Part 1 of Annex VII.

Article 25 – paragraph 1 a (new): 1a. When identifying closed mines and abandoned coal mines, Member States shall undertake a robust and objective assessment based on the most up- to- date scientific findings, including data from the IMEO when available;

Article 25 – paragraph 2 – subparagraph 1: deleted

Article 25 – paragraph 2 – subparagraph 2: 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 which were found to emit above 0,5 tonnes of methane per year based on the inventory referred to in paragraph 1 of this Article for closed coal mines and abandoned coal mines.

Article 25 – paragraph 2 – subparagraph 2 a (new): The equipment shall perform source level direct measurements or quantifications taken in accordance with appropriate scientific standards and, if possible on an hourly basis, and of sufficient quality to allow for a representative estimation of yearly methane emissions from all elements listed in Part 1, point (v) of Annex VII which were found to emit methane.

Article 25 – paragraph 2 – subparagraph 3: deleted

Article 25 – paragraph 2 a (new): 2a. If the observed annual methane release of an element listed in Part 1, point (v) of Annex VII is below 1 tonne of methane for six consecutive years in the case of flooded mines or 12 consecutive years in the case of dry mines, no further monitoring and reporting shall be taken for that specific element.

Article 25 – paragraph 4: 4. Mine operators, asset operators or Member States shall be responsible for the requirements referred to in paragraphs 2 and 3 as regards closed mines. Member States shall be responsible for the requirements referred to in paragraphs 2 and 3 as regards abandoned mines.

Article 26 – paragraph 1 – subparagraph 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 and abandoned underground coal mines.

Article 27 – paragraph 2 b (new): 2b. Importers that demonstrate the implementation of measures deemed comparable in effectiveness or provide guarantees of origin from countries deemed to have regulatory equivalence shall be subject to a derogation from paragraphs 2a, in accordance with paragraph 2c.

Article 27 – paragraph 2 c (new): 2c. Where importers claim a derogation provided for in paragraph 2b, they shall notify the Commission and provide all required information. The Commission shall assess the applicability of a derogation taking into account: / (a) the effectiveness of the measures or regulatory requirements compared to those applicable within the Union; / (b) the accuracy of the data provided by importers; and / (c) penalties for non-compliance and effectiveness of enforcement in the relevant jurisdictions where regulatory equivalence is sought.

Article 27 – paragraph 2 d (new): 2d. The Commission shall adopt a delegated act by 31 December 2025 in accordance with Article 31 to supplement this Regulation with both the modalities and the procedures for importers claiming a derogation under paragraph 2c, and the specific requirements for demonstrating comparable in effectiveness and regulatory equivalence, including establishing the necessary role of IMEO to ensure the quality control, referred to in paragraph 2b.

Article 27 – paragraph 2 e (new): 2e. Member States shall ensure that importers who place on the market coal, oil and gas, comply with this Article within their territory. Member States shall set out progressive penalties for infringements, including the suspension of the authorisation to place oil, gas and coal on the market as referred to in Article 30, taking into account the need for effective deterrence of breaches.

Article 27 – paragraph 2 f (new): 2f. Where importers fail to provide the information referred to in paragraphs 1, 2a and 2b, but can demonstrate to the competent authorities of the importing Member States that all reasonable endeavours have been undertaken to acquire such information, Member States may consider reducing or not imposing penalties on importers as referred to in paragraph 2e.

Article 27 – paragraph 3 – subparagraph 1 – introductory part: By 31 December 2025, or earlier if the Commission considers that sufficient evidence is available, the Commission shall propose amendments to this Regulation to strengthen the requirements applicable to importers with a view to implementing upstream performance standards for methane emissions on all fossil gas and oil imports equivalent to the methane emissions intensity referred to in Article 13 and a commensurate standard for coal imports.

Article 27 – paragraph 3 – subparagraph 1 – point a: deleted

Article 27 – paragraph 3 – subparagraph 1 – point b: deleted

Article 27 – paragraph 3 – subparagraph 1 – point c: deleted

Article 27 – paragraph 3 – subparagraph 1 – point d: (d) When proposing amendments to this Regulation as referred to in the first subparagraph, the Commission shall particularly assess the implications for the climate, the security of supply of the Union and the level playing field. implications in case of possible additional obligations, including mandatory measures such as methane emission standards or targets. The Commission may also take taking into account the oil, gas and coal sectors separately.

Article 27 – paragraph 3 – subparagraph 2: Where appropriate and based on the necessary evidence to secure full compliance with both the applicable international obligations of the Union, including its long-term temperature goal set out in Article 2(1), point (a) of the Paris Agreement, the Commission shall propose amendments to this Article in accordance with Article 33 to strengthen the requirements applicable to importers.