The purpose of this Directive is to limit the total content of VOCs in certain paints and varnishes and vehicle refinishing products in order to prevent or reduce air pollution resulting from the contribution of VOCs to the formation of tropospheric ozone.
Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC
Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC
Article 1 Purpose and scope
1.
2.
To achieve the objective set out in paragraph 1, this Directive approximates the technical specifications for certain paints and varnishes and vehicle refinishing products.
3.
This Directive shall apply to the products set out in Annex I.
4.
This Directive does not prejudice or affect measures, including labelling requirements, taken at Community or national level to protect the health of consumers and of workers and their working environment.
Article 2 Definitions
For the purposes of this Directive, the following definitions shall apply:
- 1. ‘Competent authority’
- means the authority or authorities or bodies responsible under the legal provisions of the Member States for carrying out the obligations arising from this Directive;
- 2. ‘Substances’
- means any chemical element and its compounds, as they occur in the natural state or as produced by industry, whether in solid or liquid or gaseous form;
- 3. ‘Mixture’
- means mixtures or solutions composed of two or more substances;
- 4. ‘Organic compound’
- means any compound containing at least the element carbon and one or more of hydrogen, oxygen, sulphur, phosphorus, silicon, nitrogen, or a halogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;
- 5. ‘Volatile organic compound (VOC)’
- means any organic compound having an initial boiling point less than or equal to 250°C measured at a standard pressure of 101,3 kPa;
- 6. ‘VOC content’
- means the mass of volatile organic compounds, expressed in grams/litre (g/l), in the formulation of the product in its ready to use condition. The mass of volatile organic compounds in a given product which react chemically during drying to form part of the coating shall not be considered part of the VOC content;
- 7. ‘Organic solvent’
- means any VOC which is used alone or in combination with other agents to dissolve or dilute raw materials, products, or waste materials, or is used as a cleaning agent to dissolve contaminants, or as a dispersion medium, or as a viscosity adjuster, or as a surface tension adjuster, or as a plasticiser, or as a preservative;
- 8. ‘Coating’
- means any mixture, including all the organic solvents or mixture containing organic solvents necessary for its proper application, which is used to provide a film with decorative, protective or other functional effect on a surface;
- 9. ‘Film’
- means a continuous layer resulting from the application of one or more coats to a substrate;
- 10. ‘Water-borne coatings (WB)’
- means coatings the viscosity of which is adjusted by the use of water;
- 11. ‘Solvent-borne coatings (SB)’
- means coatings the viscosity of which is adjusted by the use of organic solvent;
- 12. ‘Placing on the market’
- means making available to third parties, whether in exchange for payment or not. Importation into the Community customs territory shall be deemed to be placing on the market for the purposes of this Directive.
Article 3 Requirements
1.
Member States shall ensure that the products set out in Annex I are placed on the market within their territory after the dates laid down in Annex II only if they have a VOC content not exceeding the limit values set out in Annex II and comply with Article 4.
For determining compliance with the VOC content limit values set out in Annex II, the analytical methods referred to in Annex III shall be used.
For products set out in Annex I to which solvents or other components containing solvents have to be added in order for the product to be ready for use, the limit values in Annex II shall apply to the VOC content of the product in its ready for use condition.
2.
By way of derogation from paragraph 1, Member States shall exempt from compliance with the above requirements products sold for exclusive use in an activity covered by Directive 1999/13/EC and carried out in a registered or authorised installation according to Articles 3 and 4 of that Directive.
3.
For the purposes of restoration and maintenance of buildings and vintage vehicles designated by competent authorities as being of particular historical and cultural value, Member States may grant individual licences for the sale and purchase in strictly limited quantities of products which do not meet the VOC limit values laid down in Annex II.
4.
Products falling under the scope of this Directive which are shown to be produced before the dates laid down in Annex II and do not fulfil the requirements of paragraph 1 may be placed on the market for a period of 12 months following the date on which the requirement applying to the product in question comes into force.
Article 4 Labelling
Member States shall ensure that the products set out in Annex I carry a label when they are placed on the market. The label shall indicate:
-
the subcategory of the product and the relevant VOC limit values in g/l as referred to in Annex II;
-
the maximum content of VOC in g/l of the product in a ready to use condition.
Article 5 Competent authority
Member States shall designate a competent authority responsible for fulfilling the obligations laid down in this Directive, and shall inform the Commission thereof not later than 30 April 2005.