Brussels – Methane emissions: the EU Council approved the proposal for a one-year delay on the rules governing fossil fuel imports. Member States have endorsed the European Commission’s proposal, introduced in response to rising energy prices, thereby drawing a clear distinction from the European Parliament, which is calling for a three-year moratorium. In light of today’s vote (6 November), the interinstitutional negotiations now getting under way will hinge on the length of the proposed delay to the methane emissions rules for imports.
A one-year suspension: what the Council has decided
Member States have agreed to a one-year postponement of a few targeted provisions of the 2024 methane regulation concerning gas purchases. Specifically, the obligations regarding the monitoring, reporting and verification of emissions for importers of natural gas, crude oil and coal have been postponed. They will apply from 1 January 2028 (instead of 1 January 2027). Secondly, the obligation to report methane intensity, for both importers and Union producers, has been postponed and will apply from 5 August 2029 (instead of 5 August 2028). Furthermore, the requirements for maximum methane intensity levels, for both importers and Union producers, have been postponed and will apply from 5 August 2031 (instead of 5 August 2030).
Review clause and option to extend beyond one year
The Council of the EU, however, appears to be open to the possibility of a postponement of more than one year, stating that “by 30 September 2027, (the Commission will, ed.) assess whether the necessary elements for the implementation of the reporting obligations are met.” This implies that, based on this assessment, the decision to postpone the methane rules may be confirmed or revised – perhaps to allow for a longer timeframe.
The position agreed by the Member States provides that “if any of the necessary elements are missing, the Commission shall, by means of secondary legislation, defer the application of the monitoring obligations relating to imports, as agreed by the Member States”. Furthermore, the European Commission could propose amendments to the methane regulation should implementation difficulties persist or should a threat to security of supply emerge.
It is this element that could pave the way for “a swift agreement” with Parliament, the stated objective of the Irish Presidency of the Council of the EU. According to Darragh O’Brien, Ireland’s Minister for Climate, Energy and the Environment, “The Council’s agreement today proposes a pragmatic approach forward, addressing the pressures in the energy market, while maintaining the EU’s global leadership in reducing methane emissions.”
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