Methane emissions regulation, Czech Presidency submits third draft compromise

On 3 October, the Czech Presidency of the Council of the European Union sent Member States another draft compromise (the third so far) on the proposed EU regulation aiming to reduce methane (CH₄) emissions in the energy sector.

This document notably amends the chapter on periodic inspections, which serve to verify compliance with the requirements set out in the regulation.

Prague proposes that the competent authorities be able to decide the scope and frequency of these inspections based on an assessment of risks associated with each site, such as environmental, human safety, and public health risks as well as any identified breaches of the regulation.

However, the period between inspections should not exceed five years, as opposed to two years in the European Commission’s proposal (see EUROPE 12840/13 and 12854/12).

Moreover, it provides that the competent authorities shall issue a notice informing the operator of the corrective measures to be taken when an inspection has revealed a serious breach.

As an alternative, the Presidency introduces the possibility for the competent authorities to require the operator to submit a set of corrective measures aiming to address the identified breaches to them for approval within one month of the inspection’s conclusion.

Furthermore, the draft compromise introduces a new paragraph stipulating that Member States may enter into formal agreements with appropriate Union agencies, or other bodies, for the provision of specialist expertise to assist the competent national authority. The text goes on to specify that these must not be bodies whose objectivity may be compromised by conflicts of interest.

With regard to the monitoring and reporting of methane emissions, the Presidency proposes that mine operators be required to communicate methane releases per ventilation shaft per year, in kt of methane, to the competent authorities. According to the Presidency, a maximum margin of error of 5% or 0.5 kt of methane should be tolerated, with an obligation on the part of operators to use equipment and methods that result in the lowest margin of error.

See the draft compromise: https://aeur.eu/f/3jl (Original version in French by Damien Genicot)