Scope
Article 11
This Chapter applies to the activities referred to in Article 1(2), points (a), (b) and (c).
Regulation (EU) 2024/1787 CHAPTER 3 — METHANE EMISSIONS IN THE OIL AND GAS SECTORS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Monitoring and reporting
Article 12
1. By 5 August 2025, operators shall submit a report to the competent authorities containing the quantification of source-level methane emissions estimated using at least generic emission factors for all sources. That report may contain quantification of source-level methane emissions in accordance with the requirements set out in paragraph 2 for some or all sources. 2. Operators and undertakings established in the Union shall submit a report to the competent authorities of the Member State where the asset is located containing quantification of source-level methane emissions: (a) for operated assets, by 5 February 2026; and (b) for non-operated assets, by 5 February 2027, where those assets have not been reported under point (a). Where direct measurement is not possible, reporting shall involve the use of specific emission factors based on source-level quantification or sampling. 3. Operators and undertakings established in the Union shall submit a report to the competent authorities of the Member State where the asset is located containing quantification of source-level methane emissions, complemented by measurements of site-level methane emissions, thereby allowing assessment of and comparison with the source-level estimates aggregated by site: (a) for operated assets, by 5 February 2027 and by 31 May every year thereafter; and (b) for non-operated assets, by 5 August 2028 and by 31 May every year thereafter, where those assets have not been reported under point (a). Before submitting the report to the competent authorities, operators and undertakings shall ensure that the report is assessed by a verifier and includes a verification statement issued in accordance with Article 8. 4. The reports provided for in this Article shall cover the last available calendar year period and include at least the following information: (a) type and location of the emission sources; (b) detailed data for each type of emission source, reported in tonnes of methane and in tonnes of CO 2 equivalent, using global warming potentials as defined in the Sixth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC); (c) detailed information on the quantification methodologies; (d) all methane emissions for operated assets; (e) share of ownership and methane emissions from non-operated assets multiplied by the share of ownership; (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.
General mitigation obligation
Article 13
Operators shall take all appropriate mitigation measures to prevent and minimise methane emissions in their operations.
Leak detection and repair
Article 14
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; (b) for type 2 LDAR surveys: (i) 500 parts per million in volume of methane or 1 gram per hour of methane for aboveground components and for offshore components above the sea level; (ii) 1 000 parts per million in volume of methane or 5 grams per hour of methane for the second step of LDAR surveys of underground components; (iii) 7 000 parts per million in volume of methane or 17 grams per hour for offshore components below the sea level or below the seabed. 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.
Restrictions on venting and flaring
Article 15
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.
Reporting of venting events and flaring events
Article 16
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.
Flaring efficiency requirements
Article 17
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.
Inactive wells, temporarily plugged wells and permanently plugged and abandoned wells
Article 18
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.
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