L 175/36 Official Journal of the European Union 10.7.2010 COMMISSION DECISION of 9 July 2010 on the Community-wide quantity of allowances to be issued under the EU Emission Trading Scheme for 2013 (notified under document C(2010) 4658) (2010/384/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 ('), and in particular the second paragraph of Article 9 thereof, Whereas: (") ¢ O] 0] In accordance with Article 9 of Directive 2003/87EC, the Commission is to base the absolute Community-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. The Community Independent Transaction Log provides the relevant information on the quantities of allowances issued or to be issued in accordance with Article 9 of Directive 2003/87/EC. Supplementary information with respect to the quantities of allowances to be auctioned in the period from 2008 to 2012 is provided by the National Allocation Plan tables referred to in Article 44 of Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council (%). Allowances issued or to be issued to installations in the EU Emission Trading Scheme including new entrants and allowances according to the National Allocation Plan tables and allowances to be issued for auctioning, as indicated in the National Allocation Plan table should be considered to represent allowances in the sense of Article 9 of Directive 2003/87[EC. L 275, 25.10.2003, p. 32. L 386, 29.12.2004, p. 1. S These allowances represent allowances in the sense of Article 9 of Directive 2003/87[EC, as they represent the quantity of allowances for initial issuance, as indicated in the relevant National Allocation Plan table of Member States for the period from 2008 to 2012 and in accordance with Article 45 of Commission Regulation (EC) No 2216/2004. For the purpose of this Decision, allowances reserved for new entrants that have not been allocated to a new entrant before 30 April 2010, should only be considered to represent allowances in the sense of Article 9 of Directive 2003/87/EC, if they will be allocated to new entrants or alternatively sold or auctioned before the end of the period from 2008 to 2012, as the corresponding amount of allowances will only be issued at the time of allocation. While additional information, in particular changes to National Allocation Plans including as a result of legal proceedings, may become available, it will remain possible for this information to be reflected in future adjustments to the Community-wide quantity of allowances for 2013. For these reasons, the Commission has taken into account the following quantities of allowances to determine the Community-wide quantity of allowances to be issued for 2013: — allowances that have been or will be allocated to installations that are in the EU Emission Trading Scheme as from 2008, — allowances that have been or will be auctioned or sold in the EU Emission Trading Scheme in the period from 2008 to 2012 and that are indicated in the relevant National Allocation Plan tables of Member States for that purpose, — allowances that have been allocated to new entrants from the national reserve of Member States for new entrants from 1 January 2008 to 30 April 2010,