On Wednesday 20 April, the French Presidency of the Council of the European Union transmitted to the Member States a first draft compromise on the proposed EU regulation to reduce methane (CH4) emissions in the energy sector.
In particular, Paris suggests reviewing some of the deadlines proposed by the European Commission, notably for emissions reporting by fossil fuel operators.
Whereas the Commission’s original text would require operators to submit a report to the competent authorities containing emissions at source - estimated using generic but source-specific emission factors - within 12 months of the date of entry into force of the regulation (see EUROPE 12840/13, 12854/12), the Presidency proposes to give them an additional six months (18 months).
According to the initial text presented by the Commission, the competent authorities should also carry out periodic inspections (emission measurements, site monitoring, etc.) at least once every two years to check that operators or mine operators are complying with the requirements set out in the regulation.
The Presidency suggests extending the maximum interval between inspections to five years.
Leak detection and repair
The same applies to the deadline for submitting a methane leakage detection and repair programme, which would be extended from three to six months from the date of entry into force of this regulation.
In addition, operators would have 12 months after the entry into force of the regulation, as opposed to six months in the Commission’s proposal, to carry out a review of all relevant components under their responsibility.
With regard to the repair or replacement of components with methane emissions of 500 parts per million (ppm) or more, Paris also modifies the Commission's approach that such repair or replacement should take place as soon as possible, but no later than five days after detection.
The French document thus adds that the five-day deadline applies to a first attempt. Operators would then have 30 days for a full repair.
Venting and flaring
According to the French document, operators would be required to carry out monthly inspections of flares, rather than weekly inspections as proposed by the Commission.
It also includes a new provision that inactive ventilation wells could be considered emission-free, thus releasing the operator from his obligations under the Regulation, if five consecutive measurements (at annual intervals) show no methane emissions.
In addition, Paris proposes to delete the provision requiring competent authorities to make operator reports on venting (the release of unburned methane into the atmosphere) and flaring (the controlled combustion of methane for disposal in a device designed for such combustion) public.
The French document will be discussed by Member States’ experts in the EU Council’s Working Party on Energy, on Tuesday 26 April.
See the draft compromise: https://aeur.eu/f/1be (Original version in French by Damien Genicot)