Section I — Monitoring and reporting in active coal mines
Scope
1. This Section applies to active underground and surface coal mines.
2. Methane emissions resulting from active underground coal mines include the following emissions:
(a)
methane emissions from all ventilation shafts in use by the mine operator;
(b)
methane emissions from drainage stations and from the methane drainage system, whether occurring as a result of intentional or unintentional venting, or incomplete combustion from flaring;
(c)
methane emissions occurring during post-mining activities and within the area of the coal mine.
3. Methane emissions resulting from active surface coal mines include the following emissions:
(a)
methane emissions occurring at the coal mine during the mining process;
(b)
methane emissions occurring during post-mining activities and within the area of the coal mine.
Monitoring and reporting
1. For underground coal mines, mine operators shall take continuous source-level direct measurements and quantification on all exhaust ventilation shafts. Mine operators shall report to the competent authorities methane emissions per ventilation shaft per year in kilotonne of methane, using equipment and methodologies resulting in a measurement accuracy with a tolerance of 0,5 kilotonne of methane per year or of 5 % of the reported amount, whichever value is lower.
2. Drainage station operators shall take continuous source-level direct measurements and quantification of total releases of vented and flared methane, regardless of the reasons for such venting and flaring.
3. For surface coal mines, mine operators shall use deposit-specific coal mine methane emission factors to quantify methane emissions resulting from mining operations. Mine operators shall establish those emission factors on a quarterly basis, in accordance with appropriate scientific standards and taking into account methane emissions from surrounding strata.
4. The measurements and quantification referred to in paragraphs 1, 2 and 3 shall be undertaken in accordance with the applicable standards or technical prescriptions established pursuant to Article 32. Until the date of application of those standards or technical prescriptions, mine operators shall follow state-of-the-art industry practices and use the best available technologies for the measurement and quantification of methane emissions. Mine operators shall provide competent authorities and verifiers with information on the standards, including international standards, or methodologies used.
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 certain 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.
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 methane emissions, excluding downtime taken for re-calibration and repairs.
5. Where relevant, mine operators shall estimate coal post-mining methane emissions using coal post-mining emission factors, updated annually, based on deposit-specific coal samples and in accordance with appropriate scientific standards.
6. By 5 August 2025 and by 31 May every year thereafter, mine operators and drainage station operators shall submit a report to the competent authorities containing data on yearly source-level methane emissions in accordance with this Article.
That report shall cover the last available calendar year period and include the elements set out in Part 1 of Annex VI for active underground coal mines, Part 2 of Annex VI for active surface coal mines and Part 3 of Annex VI for drainage stations.
Before submission to the competent authorities, mine operators and drainage station operators shall ensure that the reports referred to in this paragraph are assessed by a verifier and include a verification statement issued in accordance with Article 8.
7. 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 submission by mine operators.
Section II — Mitigation of methane emissions resulting from active underground coal mines
Scope
This Section applies to methane emissions from underground coal mines referred to in Article 19(2).
Mitigation measures
1. Flaring with a destruction and removal efficiency by design level below 99 % and venting of methane from drainage systems shall be prohibited from 1 January 2025, except in the case of an emergency or a malfunction, or where unavoidable and strictly necessary for maintenance and except venting in accordance with paragraph 2. 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 of venting instead of flaring.
2. Venting of methane through ventilation shafts in coal mines emitting more than 5 tonnes of methane per kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 2027, except in the case of an emergency.
Venting of methane through ventilation shafts in coal mines emitting more than 3 tonnes of methane per kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 2031, except in the case of an emergency.
Those thresholds shall apply per year, per mine and per operator, if one entity operates several coal mines.
Measures taken in accordance with this paragraph shall not lead to the deterioration of the safety of workers.
3. By 5 August 2027, the Commission shall adopt a delegated act in accordance with Article 34 to supplement this Regulation by setting out restrictions on venting methane from ventilation shafts for coking coal mines.
4. Without prejudice to Articles 107 and 108 of the Treaty on the Functioning of the European Union (TFEU), Member States may use a system of incentives to reduce methane emissions based on fees, charges or penalties, as referred to in Article 33, in order to ensure that operators of existing coal mines comply with the obligations, set out in paragraphs 1 and 2 of this Article.
Reporting of venting events and flaring events
1. From 1 January 2025, drainage station operators shall notify the competent authorities of all venting events and all flaring events with a destruction and removal efficiency by design level below 99 %:
(a)
caused by an emergency or a malfunction,
(b)
occurring unavoidably, due to maintenance of the drainage system.
That notification shall be made in accordance with Annex VII, 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.
2. The competent authorities shall make the information submitted to them pursuant to this Article available to the public and the Commission on an annual basis in accordance with Article 5(4).
Section III — Methane emissions from closed underground coal mines and abandoned underground coal mines
Scope
This Section applies to the following methane emissions from closed underground coal mines and abandoned underground coal mines where coal production ceased after 3 August 1954:
(a)
methane emissions from all ventilation shafts which continue to emit methane;
(b)
methane emissions from coal mining equipment the use of which has been discontinued;
(c)
methane emissions from other well defined point emission sources as specified in Part 1 of Annex VIII.
Monitoring and reporting
1. By 5 August 2025, Member States shall set up and make publicly available an inventory of all closed underground coal mines and abandoned underground coal mines in their territory or under their jurisdiction where operations ceased after 3 August 1954, in accordance with the methodology and including at least the elements set out in Part 1 of Annex VIII.
2. From 5 May 2026, methane emissions shall be measured in all closed underground coal mines and abandoned underground coal mines where operations ceased after 3 August 1954.
Measurement equipment shall be installed on all elements listed in Part 1, point 1.5, of Annex VIII which were found to emit above 0,5 tonnes of methane per year based on the inventory in paragraph 1 of this Article. That measurement equipment shall take source- level direct measurements or perform source-level quantification in accordance with the applicable standards or technical prescriptions established under Article 32, at least on an hourly basis and of sufficient quality to allow for a representative estimation of annual methane emissions from all elements listed in Part 1, point 1.5, of Annex VIII which were found to emit methane. Until the date of application of those standards or technical prescriptions, mine operators shall follow state-of-the-art industry practices and use the best available technologies for the measurement and quantification of methane emissions. Mine operators shall provide competent authorities and verifiers with information on the standards, including European or other international standards, technical prescriptions or methodologies used.
The measurement equipment shall operate for more than 90 % of the period for which it is used to monitor methane emissions, excluding downtime taken for re-calibration and repair.
3. If the observed annual methane emissions from an element listed in Part 1, point 1.5, of Annex VIII is below 1 tonne of methane for 6 consecutive years in the case of flooded underground coal mines or 12 consecutive years in the case of non-flooded underground coal mines, no further monitoring and reporting shall be taken for that specific element.
4. Upon request from the responsible party, competent authorities may exempt closed underground coal mines and abandoned underground coal mines from the requirements of paragraphs 2 and 3 of this Article and Part 1, point 1.5, of Annex VIII where the responsible party demonstrates that those mines have been fully flooded for at least 10 years prior to the date of the request.
That request shall be accompanied by a report from the responsible party. That report shall demonstrate the stabilisation of the hydrogeological conditions as well as the absence of material amounts of methane emissions from the relevant coal mine. The competent authorities shall make that report publicly available in accordance with national law.
5. Where the competent authorities receive reliable evidence of material amounts of methane emissions from a closed underground coal mine or abandoned underground coal mine as referred to in paragraph 4, the obligations set out in paragraphs 2 and 3 shall apply to that coal mine.
6. Reports containing estimates of yearly source-level methane emissions data shall be submitted to the competent authorities by 5 August 2026 and by 31 May every year thereafter.
Those reports shall cover the last available calendar year and include the elements set out in Part 2 of Annex VIII.
Before submission to the competent authorities, the reports referred to in this paragraph shall be assessed by a verifier. They shall include a verification statement issued in accordance with Article 8.
7. Mine operators or Member States shall be responsible for the compliance with the requirements referred to in paragraphs 2 to 6 of this Article as regards closed underground coal mines. Member States shall be responsible for the compliance with the requirements referred to in paragraphs 2 to 6 of this Article as regards abandoned underground coal mines. In the case of alternative uses of abandoned underground coal mines, the permit holder referred to in Article 26(3) shall be responsible for the compliance with the requirements referred to in paragraphs 2, 3 and 6 of this Article.
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 submission by the party responsible.
Mitigation measures
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 underground coal mines and abandoned underground coal mines where operations ceased after 3 August 1954.
That mitigation plan shall be submitted to the competent authorities by 5 February 2027. It shall include key milestones for its implementation and at least the elements set out in Part 3 of Annex VIII.
2. Venting and flaring from equipment referred to in Article 25(2) shall be prohibited from 1 January 2030, unless utilisation of methane or reduction of methane emissions is not technically feasible or risks endangering environmental safety, human safety, including that of the personnel, or health. In such a situation, as part of the reporting obligations set out in Article 25, mine operators or Member States shall demonstrate the necessity of venting or flaring instead of utilisation of methane or reduction of methane emissions.
3. Alternative use of abandoned underground coal mines shall be allowed following a permitting procedure adapted to the specific type of alternative use of the abandoned underground coal mine. The applicant shall provide to the competent authorities a detailed plan of measures to avoid methane emissions. The permit holder shall comply with the monitoring, reporting and mitigation obligations under Article 25 and this Article.
4. Without prejudice to the applicable sector-specific Union law, for closed underground coal mines, existing best mitigation practices to reduce methane emissions shall be allowed.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
