EN Official Journal of the European Union L 90/106

COMMISSION DECISION

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

(notified under document C(2013) 1708)

(2013/162/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 emission reduction commitments up to 2020 (1), and in particular the forth subparagraph of Article 3(2) thereof,

Whereas:

(1) The greenhouse gas emissions from installations covered by Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (2) as deriving from the Union Registry, Commission Decisions, National Allocation Plans and the official correspondence between the Commission and the respective Member States constitute verified emission data in the sense of the fourth paragraph of Article 3(2) of Decision No 406/2009/EC.

(2) The total greenhouse gas emissions from gases and activities as defined in Article 2(1) of Decision No 406/2009/EC submitted pursuant to Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring community greenhouse gas emissions and for implementing the Kyoto Protocol (3) in the year 2012 as established following the 2012 initial review conducted by the Commission pursuant to the Guidelines for the 2012 Technical Review of Greenhouse Gas Emission Inventories (4) constitute reviewed greenhouse gas emissions data for the years 2005, 2008, 2009 and 2010 in the sense of the fourth paragraph of Article 3(2) of Decision No 406/2009/EC.

(3) To ensure consistency between the determination of the annual emission allocations and the reported greenhouse gas emissions for each year, Member States’ annual emission allocations should be calculated also by applying the global warming potential values from the 4th IPCC assessment report adopted by Decision15/CP.17. The annual emission allocation 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 3 of Decision No 280/2004/EC.

(4) Data currently reported in the national greenhouse gas inventories and the national and Union registries are not sufficient to determine, at Member State level, the CO2 civil aviation emissions at national level that are not covered by Directive 2003/87/EC. CO2 emissions from flights not covered by Directive 2003/87/EC represent only a very minor part of the total greenhouse gas emissions, and collecting additional information on these emissions would create a disproportionate administrative burden. Therefore, the quantity of CO2 emissions of the inventory category ‘1.A.3.A civil aviation’ should be considered equal to zero for the purpose of determining the annual emission allocations.

(5) The annual emission allocations for a Member State for the year 2020 should be calculated by subtracting the quantity of verified greenhouse gas emissions of installations that existed in 2005 from the reviewed greenhouse gas emissions for the year 2005 and adjusting the outcome by the percentage laid down in Annex II of Decision No 406/2009.

(6) The quantity of verified greenhouse gas emissions of installations should be determined as follows: — for Member States that participated in the Emissions Trading Scheme as of 2005: the quantity of emissions of installations covered by Directive 2003/87/EC in 2005 adjusted by the quantity of greenhouse gas emissions of those installations which were included in or excluded from the Emissions Trading Scheme from 2008 to 2012 due to an adjusted scope applied by the Member States and the quantity of greenhouse gas emissions from installations temporarily excluded in the year 2005 but not excluded between 2008 and 2012 from the Emissions Trading Scheme, — for Member States that participated in the Emissions Trading Scheme as of 2007: the quantity of greenhouse gas emissions of installations covered by Directive 2003/87/EC in 2007, — for Member States participating in the Emissions Trading Scheme as of 2013: the quantity of greenhouse gas emissions of installations covered by Directive 2003/87/EC in 2005 (as communicated by the respective Member State and reviewed by the Commission).

(7) The average quantity of greenhouse gas emissions in the year 2009 of a Member State with a positive greenhouse gas emission limit pursuant to Annex II of Decision No 406/2009/EC should be calculated by subtracting an average quantity of verified greenhouse gas emissions from installations covered by Directive 2003/87/EC in the years 2008, 2009 and 2010 in the respective Member State from its average total reviewed greenhouse gas emissions for the years 2008, 2009 and 2010.

(8) The annual emission allocations for a Member State with a positive greenhouse gas emission limit pursuant to Annex II of Decision No 406/2009/EC for the years 2013 to 2019 should be defined by a linear trajectory starting with that member State’s average quantity of greenhouse gas emissions in the year 2009 and ending with its annual emission allocation for the year 2020.

(9) The annual emission allocation for a Member State with a negative greenhouse gas emission limit pursuant to Annex II of Decision No 406/2009/EC for the year 2013 should be calculated by subtracting average quantity of verified greenhouse gas emissions from installations covered by Directive 2003/87/EC in the years 2008, 2009 and 2010 in the respective Member State from its average total reviewed greenhouse gas emissions for the years 2008, 2009 and 2010.

(10) The annual emission allocation for a Member State with a negative greenhouse gas emission limit pursuant to Annex II of Decision No 406/2009/EC for the years 2014 to 2019 should be defined by a linear trajectory starting with that member State’s annual emission allocation for the year 2013 and ending with its annual emission allocation for the year 2020.

(11) The verified greenhouse gas emissions of installations unilaterally included in the Emissions Trading Scheme in accordance with Article 24 of Directive 2003/87/EC during the period from 2008 to 2012 should not be accounted for in the average quantity of verified greenhouse gas emissions from installations covered by Directive 2003/87/EC for the years 2008, 2009 and 2010 as this would result in double counting of greenhouse gas emissions during future adjustments of the annual emission allocations pursuant to Article 10 of Decision No 406/2009/EC.

(12) In view of Croatia’s accession to the Union, its annual emission allocation for each year of the period from 2013 to 2020 should be determined using the same methodology as for the other Member States. These values should become applicable as of the date of Croatia’s accession.

(13) Given the adoption by the European Council of the Decision 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union (5) as of 2014, the annual emission allocations for France as of 2014 are calculated by taking into account the relevant reviewed greenhouse gas emissions.

(14) The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS DECISION:

Article 1

The annual emission allocations for each Member State for each year of the period from 2013 to 2020 are set out in Annex I and shall apply subject to any adjustments published pursuant to Article 10 of Decision No 406/2009/EC.

Article 2

Notwithstanding Article 1, where an act adopted pursuant to Article 3 of Decision No 280/2004/EC 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 Decision 15/CP.17 of the Conference of the Parties of the United Nations Framework Convention on Climate Change, 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.

Article 3

The annual emission allocations for Croatia as set out in Annex I shall apply as of the date of entry into force of the Treaty of Accession of Croatia.

This Decision is addressed to the Member States.

Done at Brussels, 26 March 2013. For the Commission Connie HEDEGAARD Member of the Commission

(1) OJ L 140, 5.6.2009, p. 136.

(2) OJ L 275, 25.10.2003, p. 32.

(3) OJ L 49, 19.2.2004, p. 1.

(4) SWD (2012) 107 final, 26.4.2012.

(5) OJ L 204, 31.7.2012, p. 131.

ANNEX I Member States Annual Emissions Allocation for the year 2013 to 2020 calculated applying global warming potential values from the second IPCC assessment report Country Annual Emission Allocation (tonnes of carbon dioxide equivalent) 2013 2014 2015 2016 2017 2018 2019 2020 Belgium 81 206 753 79 635 010 78 063 267 76 491 523 74 919 780 73 348 037 71 776 293 70 204 550 Bulgaria 27 308 615 27 514 835 27 721 056 27 927 276 28 133 496 28 339 716 28 545 936 28 752 156 Czech Republic 63 569 006 64 248 654 64 928 302 65 607 950 66 287 597 66 967 245 67 646 893 68 326 541 Denmark 35 873 692 34 996 609 34 119 525 33 242 442 32 365 359 31 488 276 30 611 193 29 734 110 Germany 487 095 510 480 020 642 472 945 774 465 870 905 458 796 037 451 721 169 444 646 301 437 571 432 Estonia 6 111 145 6 133 644 6 156 143 6 178 641 6 201 140 6 223 639 6 246 137 6 268 636 Ireland 45 163 667 44 066 074 42 968 480 41 870 887 40 773 293 39 675 700 38 578 106 37 480 513 Greece 58 909 882 59 158 791 59 407 700 59 656 609 59 905 518 60 154 427 60 403 336 60 652 245 Spain 228 883 459 226 977 713 225 071 967 223 166 221 221 260 475 219 354 728 217 448 982 215 543 236 France 397 926 454 393 291 390 388 254 953 383 218 516 378 182 079 373 145 642 368 109 206 363 072 769 Croatia 20 596 027 20 761 917 20 927 807 21 093 696 21 259 586 21 425 476 21 591 366 21 757 255 Italy 310 124 250 308 146 930 306 169 610 304 192 289 302 214 969 300 237 649 298 260 329 296 283 008 Cyprus 5 552 863 5 547 275 5 541 687 5 536 100 5 530 512 5 524 924 5 519 336 5 513 749 Latvia 9 005 483 9 092 810 9 180 137 9 267 464 9 354 791 9 442 119 9 529 446 9 616 773 Lithuania 16 661 613 16 941 467 17 221 321 17 501 174 17 781 028 18 060 882 18 340 736 18 620 590 Luxembourg 9 737 871 9 535 962 9 334 053 9 132 144 8 930 235 8 728 326 8 526 417 8 324 508 Hungary 49 291 591 50 388 303 51 485 014 52 581 726 53 678 437 54 775 149 55 871 861 56 968 572 Malta 1 113 574 1 112 781 1 111 988 1 111 195 1 110 402 1 109 609 1 108 816 1 108 023 Netherlands 121 835 387 119 628 131 117 420 874 115 213 617 113 006 361 110 799 104 108 591 847 106 384 590 Austria 53 598 131 53 032 042 52 465 953 51 899 864 51 333 775 50 767 686 50 201 597 49 635 508 Poland 197 978 330 198 929 081 199 879 833 200 830 584 201 781 336 202 732 087 203 682 838 204 633 590 Portugal 47 653 190 47 920 641 48 188 091 48 455 541 48 722 992 48 990 442 49 257 893 49 525 343 Romania 79 108 341 80 681 687 82 255 034 83 828 380 85 401 727 86 975 074 88 548 420 90 121 767 Slovenia 11 890 136 11 916 713 11 943 289 11 969 866 11 996 442 12 023 018 12 049 595 12 076 171 Slovakia 25 095 979 25 413 609 25 731 240 26 048 870 26 366 500 26 684 130 27 001 761 27 319 391 Finland 32 732 387 32 232 553 31 732 719 31 232 885 30 733 051 30 233 217 29 733 383 29 233 549 Sweden 42 526 869 41 863 309 41 199 748 40 536 188 39 872 627 39 209 066 38 545 506 37 881 945 United Kingdom 350 411 692 346 031 648 341 651 604 337 271 559 332 891 515 328 511 471 324 131 426 319 751 382