CHAPTER III

STATIONARY INSTALLATIONS

Adjustment of the Union -wide quantity of allowances
Article 9a
1
In respect of installations that were included in the
EU ETS
during the period from 2008 to 2012 pursuant to Article 24(1), the quantity of allowances to be issued from
1 January 2013
shall be adjusted to reflect the average annual quantity of allowances issued in respect of those installations during the period of their inclusion, adjusted by the linear factor referred to in Article 9.
2
In respect of installations carrying out activities listed in Annex I, which are only included in the
EU ETS
from 2013 onwards, Member States shall ensure that the operators of such installations submit to the relevant competent authority duly substantiated and independently verified emissions data in order for them to be taken into account for the adjustment of the
Union
-wide quantity of allowances to be issued.
Any such data shall be submitted, by
30 April 2010
, to the relevant competent authority in accordance with the provisions adopted pursuant to Article 14(1).
If the data submitted are duly substantiated, the competent authority shall notify the Commission thereof by
30 June 2010
and the quantity of allowances to be issued, adjusted by the linear factor referred to in Article 9, shall be adjusted accordingly. In the case of installations emitting greenhouse gases other than CO
2
, the competent authority may notify a lower amount of emissions according to the emission reduction potential of those installations.
3
The Commission shall publish the adjusted quantities referred to in paragraphs 1 and 2 by
30 September 2010
.
4
In respect of installations which are excluded from the
EU ETS
in accordance with Article 27, the
Union
-wide quantity of allowances to be issued from
1 January 2013
shall be adjusted downwards to reflect the average annual verified emissions of those installations in the period from 2008 to 2010, adjusted by the linear factor referred to in Article 9.
Substituted by Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (Text with EEA relevance).
Inserted by Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (Text with EEA relevance).
Inserted by Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (Text with EEA relevance).