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Commission Decision (EU) 2016/449Show full title
Commission Decision (EU) 2016/449 of 28 July 2015 on State aid SA.38544 2014/C (ex 2014/N) which France is planning to implement in favour of Kem One (notified under document C(2015) 5169) (Only the French version is authentic) (Text with EEA relevance)
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Article 2
1.France shall ensure that nominal production capacity for chlorine ([600-700] kt/year) and caustic soda ([600-700] kt/year other than for internal use) by Kem One at the Fos-sur-Mer and Lavéra sites remains unchanged for a period of […] from the date of adoption of this Decision.
2.France shall ensure that Kem One's share of the S-PVC market in north-western Europe (Belgium, Denmark, France, Germany, Ireland, Luxembourg, the Netherlands, Norway, Sweden and the United Kingdom taken together) does not exceed [10-20] % for a period of […] from the date of adoption of this Decision.
3.France shall ensure that Kem One and any natural or legal person exercising control over Kem One now or in the […] following the date of adoption of this Decision refrains from acquiring shares or assets in undertakings in product markets in the European Economic Area (EEA) in which Kem One is present for a period of […] from the date of adoption of this Decision.
The prohibition set out in this paragraph shall not apply to acquisitions that:
(a)are necessary for the restoration of Kem One's viability; and
(b)do not constitute a means of circumventing the obligation to limit the effects of the aid to the strict minimum required to achieve the objectives of Kem One's restructuring plan.
Plans to make acquisitions covered by this paragraph and information enabling the Commission to assess whether the conditions laid down at (a) and (b) are met shall be communicated to the Commission within a reasonable time-frame. An acquisition may not take place until the Commission establishes that the said conditions are met.
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