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.