(1)

In view of the responsibilities of the Union under Decision X/14 and subsequent decisions of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, Article 8(4) of Regulation (EC) No 1005/2009 limits the use of controlled substances as process agents to 1 083 metric tonnes per year and limits the emissions from process agent uses to 17 metric tonnes per year.

(2)

Commission Decision 2010/372/EU (2) establishes a list of undertakings for which the use of controlled substances as process agents shall be permitted and sets the maximum quantities that may be used for make-up and emitted for each of the undertakings concerned.

(3)

Since 2010, two undertakings (Anwil SA and CUF Quimicos Industriais SA) have stopped using controlled substances as process agents. Another undertaking (Arkema France SA) has informed the French competent authorities that there were major and manifest errors in the emissions data it reported to the Commission for 2007, 2008, 2009, 2010 and 2011, with the result that its annual emissions were significantly underestimated. This data was used by the Commission as the basis for the calculation of the undertaking’s limit as set out in the Annex to Decision 2010/372/EU, which lists the undertakings and the maximum quantities that may be emitted annually by each undertaking. The French competent authorities have investigated this claim and have found that such manifest errors in the reported data indeed exist. These errors in the reported data appear to be unintentional, and resulted in a limit being set for the undertaking that was significantly below the limit that would otherwise have been set had annual emissions been correctly reported. The undertaking’s limit as set out in the Annex to Decision 2010/372/EU does not therefore correctly reflect its historical annual emissions and should be corrected.

(4)

The Annex to Decision 2010/372/EU should therefore be amended.

(5)

It should also be clarified that transfers of make-up quota between different substances and uses are also possible within the same undertaking.

(6)

Decision 2010/372/EU should therefore be amended accordingly.

(7)

Decision 2010/372/EU is not limited in time and it may be appropriate to review it, and in particular its Annex, in the light of future technical developments.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009,

(1)

in Article 3, the first sentence is replaced by the following:

‘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.’;

(2)

the Annex to Decision 2010/372/EU is replaced by the Annex to this Decision.