2010/372/: Commission Decision of 18 June 2010 on the use of controlled substances as process agents under Article 8(4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council (notified under document C(2010) 3847)

Definitions

Article 1

1.   ‘Make-up’ means the total quantity of a controlled substance in metric tonnes, whether virgin, recovered or reclaimed, that has not been used in the process cycle before and that is fed newly into the process cycle. 2.   ‘Emission’ means the total quantity of a controlled substance in metric tonnes released into the atmosphere, water or soil during the process agent use and related storage and handling on the site of the installation.

Permitted process agent uses and threshold for emissions and quantities

Article 2

1.   The Annex to this Decision establishes the list of undertakings for which the use of controlled substance as process agents shall be permitted as of 1 January 2010. 2.   Each undertaking shall only use the substance and the process set out in the Annex. 3.   The quantities, set out in the Annex, that may be used annually as make-up and that may be emitted annually by each undertaking shall not be exceeded. The allocated quota shall loose its validity at the end of the year in which the installation for which the quota was granted is definitely decommissioned.

Transfer of allocated quota

Article 3

An undertaking may fully or partially transfer its make-up quota allocated for an existing installation outlined in the Annex, regardless of the substance or use the quantity was allocated for, to another undertaking listed in the Annex. The beneficiary may use the quantity transferred for the substance and use allocated to the beneficiary in the Annex. The transfer shall only take effect after its notification to the Commission and the competent authorities of the Member States concerned and confirmation from the Commission of its receipt.

Notification of decommissioning

Article 4

In case of decommissioning of the installations concerned, undertakings listed in the Annex shall, within three month, notify the Commission and the competent authority of the Member State in which the installation was located thereof.

Date of application

Article 5

This Decision shall apply from 1 January 2010.

Article 6

This Decision is addressed to the following undertakings: Anwil SA Ul. Torunska 222 87-805 Wloclawek POLAND Arkema France SA 420 rue d'Estienne D’Orves 92705 Colombes Cedex FRANCE Bayer Material Science AG CAS-PR-CKD, Gebäude B669 41538 Dormhagen GERMANY CUF Quimicos Industriais SA Quinta da Industria Beduidu 3860-680 Estarreja PORTUGAL Potasse et Produits Chimiques SA 95 rue du General de Gaulle 68802 Thann Cedex FRANCE Perstorp France SAS Rue Lavoisier BP 21 38801 Le Pont de Claix FRANCE Solvay Solexis SPA Viale Lombardia 20 20021 Bollate (MI) ITALY Teijin Twaron BV Oosterhorn 6 9936 AD Farmsum NETHERLANDS

ANNEXSupplementary provisions

ANNEX (This Annex is not published because it contains confidential commercial information.)