L 279/34 Official Journal of the European Union 23.10.2010 COMMISSION DECISION of 22 October 2010 adjusting the Union-wide quantity of allowances to be issued under the Union Scheme for 2013 and repealing Decision 2010/384/EU (notified under document C(2010) 7180) (2010/634/[EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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 (1), and in particular Article 9 and Article 9a(3) thereof, Whereas: O] 0] In accordance with Article 9a of Directive 2003/87EC, the Union-wide quantity of allowances should be adjusted to reflect allowances issued in respect of instal- lations that were included in the EU Emission Trading Scheme during the period from 2008 to 2012 pursuant to Article 24(1) of Directive 2003/87/EC. The Union- wide quantity of allowances should also be adjusted in respect of installations that carry out activities listed in Annex I to the Directive and that are only included in the Union scheme from 2013 onwards. In accordance with Article 9 of Directive 2003/87EC, Commission Decision 2010/384/EU of 9 July 2010 on the Community-wide quantity of allowances to be issued under the EU Emission Trading Scheme for 2013 (3 based the absolute Union-wide quantity of allowances for 2013 on the total quantities of allowances issued or to be issued by the Member States in accordance with the Commission decisions on their national allocation plans for the period from 2008 to 2012. As additional information has become available since the adoption of that Decision, it should be repealed and replaced. Further to applications by Member States for the unilateral inclusion of additional activities and gases in the Union scheme under Article 24(1) of Directive L 275, 25.10.2003, p. 32. L 175, 10.7.2010. p. 36. 2003/87[EC, activities previously not included in the Union scheme were included in the scheme by Commission Decisions C(2008) 7867, C(2009) 3032 and C(2009) 9849. For the purpose of this Decision, applications pursuant to Article 24(1) of Directive 2003/87[EC should be taken into account where the Commission has approved their inclusion before 31 August 2010. It will remain possible to reflect in future adjustments to the Union-wide quantity of allowances for 2013 inclusions approved by the Commission after this date. Pursuant to Article 9a(1) of Directive 2003/87/EC, the Union-wide quantity of allowances is to be adjusted by the linear factor referred to in Article 9 of the Directive from 2010 onwards. In accordance with Article 2(1) of 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 (%) Member States have brought into force national law, regulations and administrative provisions to ensure that the operators of installations carrying out activities listed in Annex I to Directive 2003/87/EC that are only included in the Union scheme from 2013 onwards, were able to submit to the relevant competent authority duly substantiated and independently verified emissions data. Such data is necessary, if it is to be taken into account for the adjustment of the Union- wide quantity of allowances. Member States were required to notify duly substantiated emission data to the Commission by 30 June 2010. To provide a level playing field for all installations, emissions data notified by Member States to the Commission should be adjusted to take into account the emission reduction effort that would have been expected from installations only included in the Union scheme as from 2013, had they been included in the Union scheme as from 2005. The Union-wide quantity of allowances is also to be adjusted pursuant to Article 9a(2) of the Directive by the linear factor referred to in Article 9 of the Directive from 2010 onwards. In the event that new Member States join the Union, it will remain possible to reflect additional information in future adjustments to the Union-wide quantity of allowances. () O] L 140, 5.6.2009, p. 63.