# Commission Implementing Decision of 31 October 2013 on the adjustments to Member States’ annual emission allocations for the            period from 2013 to 2020 pursuant to Decision No 406/2009/EC of the European Parliament and of the Council (2013/634/EU)         

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U.K.

# Commission Implementing Decision

# of 31 October 2013

# on the adjustments to Member States’ annual emission allocations for the period from 2013 to 2020 pursuant to Decision No                        406/2009/EC of the European Parliament and of the Council                     

# (2013/634/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member                           States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas reduction commitments up to 2020(1), and in particular Article 10 thereof,                        

Whereas:

(1)To implement Article 10 of Decision No 406/2009/EC, Member States’ annual emissions allocations for the period from 2013 to                              2020 as determined pursuant to the Commission Decision 2013/162/EU(2) should be adjusted in accordance with the quantity of:-  allowances to be issued in respect of installations carrying out activities listed in Annex I of Directive 2003/87/EC of the                                    European Parliament and of the Council(3) which are only included in the emissions trading scheme of the Union (EU ETS) from 2013 onwards,                                  
-  allowances issued pursuant to Commission Decisions approving the unilateral inclusion by certain Member States of additional                                    activities and gases in the Emissions Trading Scheme under Article 24(1) of Directive 2003/87/EC in between 2008 and 2012                                    and,                                  
-  allowances corresponding to installations excluded from the EU ETS pursuant to Article 27 of Directive 2003/87/EC as of 2013                                    for the time they are excluded.                                  

(2)Data as submitted by the Member States pursuant to Article 9a(2) of Directive 2003/87/EC and as contained in Commission Decisions                              C(2011)3798, C(2008)7867, C(2009)3032, C(2009)9849 and C(2012)497 to accept the unilateral inclusion of additional greenhouse                              gases and activities by Italy, the Netherlands, Austria, Latvia and the United Kingdom pursuant to Article 24 of Directive                              2003/87/EC, as well as taking in consideration the exclusion of installations with low emissions from the EU ETS by Germany,                              the United Kingdom, France, Spain, Croatia, Slovenia and Italy pursuant to Article 27 of Directive 2003/87/EC and adjusted                              by the Commission with the 1,74 % linear factor, were used in the calculation of the adjustment to each Member State’s annual                              emission allocation, as relevant.

(3)The quantity relevant for the application of Article 7 of Decision No 406/2009/EC should be calculated as the difference between                              the annual emission allocations laid down in Decision 2013/162/EU and the adjustments as set out in this Decision. If the                              adjustment figure is negative, the relevant quantity should be calculated by increasing the annual emission allocations as                              laid down in Decision 2013/162/EU by the adjustments set out in this Decision.

(4)To ensure consistency between the determination of the annual emission allocations, the adjustments thereto and the reported                              greenhouse gas emissions for each year, Member States’ adjustments to the annual emission allocations should also be calculated                              by applying the global warming potential values from the fourth assessment report of the Intergovernmental Panel on Climate                              Change adopted by Decision 15/CP.17 of the Conference of the Parties of the United Nations Framework Convention on Climate                              Change. The adjustments to the annual emission allocations calculated as such should become applicable from the first year                              for which the reporting of greenhouse gas inventories using these new global warming potential values becomes compulsory pursuant                              to Article 7(6)b of Regulation (EU) No 525/2013 of the European Parliament and of the Council(4).

(5)In order to ensure the timely implementation of Decision No 406/2009/EC and to ensure legal certainty regarding Member States’                              adjusted annual emissions allocations and the quantity relevant for the application of Article 7 of Decision No 406/2009/EC,                              this Decision should enter into force three days after its publication in the *Official Journal of the European Union*.

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The adjustments to the annual emission allocations for each Member State for each year of the period from 2013 to 2020 are                     set out in Annex I.                  

# Article 2U.K.

Where an act adopted pursuant to Article 7(6)b of Regulation (EU) No 525/2013 provides for Member States to submit greenhouse                     gas emissions inventories determined using global warming potential values from the 4th IPCC assessment report as adopted                     by Decision15/CP.17 of the Conference of the Parties of the United Nations Framework Convention on Climate Change, the adjustments                     to the annual emission allocations set out in Annex II shall apply as of the first year for which such reporting of greenhouse                     gas inventories becomes compulsory. Where this Article applies, Article 1 shall not.                  

# Article 3U.K.

This Decision shall enter into force on the third day following that of its publication in the *Official Journal of the European Union*.                  

Done at Brussels, 31 October 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEX IU.K.

### **Adjustments to Member States’ annual emission allocations for each year of the period from 2013 to 2020 calculated applying                           global warming potential values from the second IPCC assessment report**

## ANNEX IIU.K.

### **Adjustments to Member States’ annual emission allocations for each year of the period from 2013 to 2020 calculated applying                           global warming potential values from the fourth IPCC assessment report**

1

OJ L 140, 5.6.2009, p. 136.                           

2

Commission Decision 2013/162/EU of 26 March 2013 on determining Member States’ annual emission allocations for the period                              from 2013 to 2020 pursuant to Decision No 406/2009/EC of the European Parliament and of the Council (OJ L 90, 28.3.2013, p. 106).                           

3

Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse                              gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).                           

4

Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and                              reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change                              and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).