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1. By way of derogation from Article 4(1), ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge in order to be used as process agents in the processes referred to in Annex III. Those substances shall only be used as process agents subject to the conditions laid down pursuant to paragraphs 2 and 3 of this Article.

2. Ozone-depleting substances referred to in paragraph 1 shall only be used as process agents in installations existing on 1 September 1997 provided that the emissions of ozone-depleting substances from those installations are insignificant, and subject to the conditions laid down pursuant to paragraph 3.

3. The Commission may, by means of implementing acts, establish a list of undertakings for which the use of ozone-depleting substances listed in Annex I as process agents in the processes referred to in Annex III in the installations referred to in paragraph 2 of this Article, is permitted, laying down the maximum quantities that may be used for make-up or for consumption as process agents and maximum emission levels for each of the undertakings concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

4. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex III where it is necessary due to technical developments or decisions taken by the Parties to the Protocol.