Commission Implementing Decision (EU) 2026/76 of 12 January 2026 on the use of ozone-depleting substances as process agents under Article 7(1) of Regulation (EU) 2024/590 of the European Parliament and of the Council, and repealing Commission Decision 2010/372/EU (notified under document C(2026) 12)
Definitions
1. ‘Make-up’ means the total quantity of an ozone depleting 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 an ozone depleting 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
1. The list of undertakings for which the use of ozone-depleting substances listed in Annex I to Regulation (EU) 2024/590 as process agents shall continue to be permitted is established in Annex I to this Decision.
2. Each undertaking listed in Annex I shall only use the substance and the process set out in that Annex.
3. The quantities which may be used annually as make-up and which may be emitted annually by each undertaking shall not exceed the quantities set out in Annex I.
Notification of decommissioning
In case of decommissioning of the installations concerned, the undertakings listed in Annex I shall, within three months, notify the Commission and the competent authority of the Member State in which the installation was located thereof.
Addressees
This Decision is addressed to the following undertakings:
Arkema France SA Esplanade du Général de Gaulle 51
92800 PUTEAUX La Défense
FRANCE
Covestro Deutschland AG
Kaiser-Wilhelm-Allee 60
51373 Leverkusen
GERMANY
Teijin Aramid BV
Oosterhorn 6
9930 AD Delfzijl
NETHERLANDS
Repeal
Decision 2010/372/EU is repealed.
References to the repealed Decision shall be construed as references to this Decision and read in accordance with the correlation table in Annex II.
Supplementary provisions
ANNEX ISupplementary provisions
ANNEX I
Permitted process agent uses and threshold for emissions and quantities
( 1 )
( 1 ) Commercially sensitive – in confidence – not to be published.
Correlation table
ANNEX IISupplementary provisions
ANNEX II
Correlation table
Commission Decision 2010/372/EU
This Decision
Article 1
Article 1
Article 2
Article 2
Article 3
-
Article 4
Article 3
Article 5
-
Article 6
Article 4
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.