On Monday 19 December, Commissioner for Energy Kadri Simson expressed her disappointment at the political agreement (‘general approach’) reached between EU Member States on the proposed regulation to establish a framework to reduce methane (CH4) emissions from the energy sector.
In her view, the changes made have “substantially reduced” the ambition of the Commission’s original proposal presented in December 2021 (see EUROPE 12854/12).
“The text of the general approach risks putting us behind many of our energy partners concerning methane emissions”, the Commissioner lamented to the Member States’ energy ministers.
She pointed to the changes in the provisions on the detection and repair of methane leaks, inactive wells and venting and flaring.
Leak detection and repair
While the Commission’s proposal would have obliged oil and gas infrastructure operators to check their equipment every three months, the EU Council’s position varies this frequency depending on the type of components to be examined and the detection method used - remote detection or on-site detection, referred to as Type 1 and Type 2 in the general approach.
For above-ground and underground components (except distribution networks), distribution networks and offshore components, the minimum frequencies are set out in an annex. For example, it is 24 months for a transmission pipeline.
For other components, Type 1 surveys should be carried out every 6 months and Type 2 surveys every 12 months.
Operators will then be required to repair or replace all components leaking above certain levels immediately after detection, and no later than five days for a first attempt and 30 days for a full repair.
The agreed level for a Type 1 survey is 7,000 parts per million (ppm) or 17 grams per hour.
For a Type 2 survey, the levels are set at: - 500 ppm or 1 g per hour for surface components; - 3,000 ppm or 5 g/h for underground components and offshore components above sea level; - 7,000 ppm or 17 g/h for offshore components below sea level and below the seabed.
Operators will have to prioritise repairing the most significant leaks. Offshore oil and gas wells deeper than 700 metres will be exempted, on the grounds that emissions from these depths have limited potential to reach the atmosphere and the methodology to properly measure emissions from these wells is insufficient.
The Commission, on the other hand, wanted operators to repair or replace all components where methane emissions of at least 500 ppm are found.
Venting and flaring
In addition, Member States have extended the exceptions to the limitations on venting and flaring.
Such practices shall be prohibited except in the event of an emergency or malfunction and where unavoidable and strictly necessary for the operation, construction, repair, maintenance, decommissioning or testing of components or equipment.
In addition, if the implementation of the ban is not possible due to other requirements, such as the authorisation procedure of the regulation, or if the unavailability of equipment causes an exceptional delay, the implementation of the ban may be postponed for a maximum of two years.
In the coal sector, flaring will be banned from 2025. Venting will be banned in mines emitting more than 5 tonnes of methane per kilotonne of coal mined (compared to 0.5 tonnes/kilotonne in the Commission’s proposal) from 2027 and in mines emitting more than 3 tonnes/kilotonne from 2031.
Inactive wells
Regarding inactive wells, the Commission proposed that Member States should develop and implement a mitigation plan to clean up, restore and permanently plug inactive wells located in their territory.
However, the general approach leaves them more flexibility, including a more phased approach to well inventory for Member States with a very high number of wells (40,000 or more).
Offshore wells at a depth of between 200 and 700 metres may be exempted in certain circumstances.
The European Parliament will vote on this issue early next year. The vote in the Committee on Industry, Research and Energy (ITRE) is scheduled for January.
See the general approach: https://aeur.eu/f/4qf (Original version in French by Damien Genicot)