
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.
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.
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 or within the same undertaking to another substance and use listed in the Annex for that undertaking. 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.
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.
Article 5 
This Decision shall apply from 1 January 2010.
Article 6 
This Decision is addressed to the following undertakings:

Anwil SAUl. Torunska 22287-805 WloclawekPOLAND
 
Arkema France SA420 rue d'Estienne D’Orves92705 Colombes CedexFRANCE


Bayer Material Science AGCAS-PR-CKD, Gebäude B66941538 DormhagenGERMANY
 
CUF Quimicos Industriais SAQuinta da Industria Beduidu3860-680 EstarrejaPORTUGAL


Potasse et Produits Chimiques SA95 rue du General de Gaulle68802 Thann CedexFRANCE
 
Perstorp France SASRue Lavoisier BP 2138801 Le Pont de ClaixFRANCE


Solvay Solexis SPAViale Lombardia 2020021 Bollate (MI)ITALY
 
Teijin Twaron BVOosterhorn 69936 AD FarmsumNETHERLANDS

ANNEX

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