Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
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.
Articles on this page are reproduced verbatim from official open data. See the attribution line.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.