Date: 2026-01-14Category: Not ApplicableState: Union GovernmentCountry: Europe
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)
**Executive Summary**
Commission Implementing Decision (EU) 2026/76, dated 12 January 2026, concerns the use of ozone-depleting substances as process agents. The decision updates the list of undertakings permitted to use these substances under specific conditions, in accordance with Regulation (EU) 2024/590. The Commission, undertakings, and the relevant member state authority must be notified within 3 months of decommissioning.
**Key Points / Main Content**
* **Definitions**
* 'Make-up' refers to the total quantity of ozone-depleting substances added to the process cycle.
* 'Emission' refers to the total quantity of ozone-depleting substances released during process agent use, storage, and handling at the installation site.
* **Permitted Uses and Thresholds**
* Annex I of the Decision establishes the list of undertakings permitted to use ozone-depleting substances as process agents, according to Regulation (EU) 2024/590.
* Each undertaking may only use the substance and process specified in Annex I.
* Annual make-up and emission quantities must not exceed the limits set out in Annex I.
* **Decommissioning**
* Undertakings listed in Annex I must notify the Commission and the competent authority of the Member State within three months of decommissioning.
* **Repeal**
* Commission Decision 2010/372/EU is repealed.
* References to the repealed Decision are to be construed as references to this Decision, in accordance with the correlation table in Annex II.
**Impact Analysis**
**European Commission**
* **Impact**: Responsible for receiving notifications of decommissioning and ensuring compliance with the decision.
* **Action Required**: To receive and process decommissioning notifications from the listed undertakings.
**Undertakings (Arkema France SA, Covestro Deutschland AG, Teijin Aramid BV)**
* **Impact**: Must adhere to the permitted uses, emission thresholds, and quantities specified in Annex I.
* **Action Required**: Operate within the limits specified in Annex I. Notify the Commission and the relevant member state authority of any decommissioning within three months.
**Member State Authorities**
* **Impact**: Must ensure compliance within their jurisdiction and are to be notified of decommissioning.
* **Action Required**: To receive and process decommissioning notifications from the listed undertakings.
Key Entities Referenced
Regulation (EU) 2024/590: Regulation of the European Parliament and of the Council on substances that deplete the ozone layer.
Commission Decision 2010/372/EU: Decision establishing a list of undertakings' operating installations in which the use of ozone-depleting substances as process agents is permitted; repealed by this decision.
European Commission: The executive branch of the European Union, responsible for proposing legislation and implementing decisions.
Montreal Protocol on Substances that Deplete the Ozone Layer: International treaty designed to protect the ozone layer by phasing out the production and consumption of numerous substances believed to be responsible for ozone depletion.
Official Journal EN
of the European Union L series
2026/76 14.1.2026
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)
(Only the Dutch, French and German texts are authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2024/590 of the European Parliament and of the Council of 7 February 2024 on
substances that deplete the ozone layer, and repealing Regulation (EC) No 1005/2009(1), and in particular Article 7(3)
thereof,
Whereas:
(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 7(1) of Regulation (EU) 2024/590 limits the
use of ozone-depleting substances listed in Annex I to that Regulation as process agents.
(2) Commission Decision 2010/372/EU(2)established a list of undertakings’ operating installations in which the use of
ozone-depleting substances as process agents is to be permitted under certain conditions. Regulation (EU) 2024/590
allows for the continuation of operation of still existing installations.
(3) The list of companies operating relevant installations should be updated and the maximum quantities used for
make-up or consumption and the maximum emission levels should be adjusted taking into account the quantities
reported by the companies in recent years and their expected needs in the coming years.
(4) For reasons of legal clarity, Decision 2010/372/EU should therefore be repealed.
(5) The measures provided for in this Decision are in accordance with the opinion of the Committee on ozone-depleting
substances established by Article 28 of Regulation (EU) 2024/590,
HAS ADOPTED THIS DECISION:
Article 1
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.
(1) OJ L 2024/590, 20.2.2024, ELI: http://data.europa.eu/eli/reg/2024/590/oj.
(2) Commission Decision 2010/372/EU 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 (OJ L 169, 3.7.2010, p. 17, ELI: http://data.europa.eu/
eli/dec/2010/372/oj).
ELI: http://data.europa.eu/eli/dec_impl/2026/76/oj 1/4EN
OJ L, 14.1.2026
Article 2
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.
Article 3
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.
Article 4
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
Article 5
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.
Done at Brussels, 12 January 2026.
For the Commission
Wopke HOEKSTRA
Member of the Commission
2/4 ELI: http://data.europa.eu/eli/dec_impl/2026/76/ojEN
OJ L, 14.1.2026
ANNEX I
Permitted process agent uses and threshold for emissions and quantities(1)
(1) Commercially sensitive – in confidence – not to be published.
ELI: http://data.europa.eu/eli/dec_impl/2026/76/oj 3/4EN
OJ L, 14.1.2026
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
4/4 ELI: http://data.europa.eu/eli/dec_impl/2026/76/oj