1.11.2013 EN Official Journal of the European Union L 292/19
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.
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.
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.
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.