Report on the results of the regulated products monitoring programme for 2007

Transcription

1 SLOVAK ENVIRONMENTAL INSPECTION BUREAU Office: Air Quality Inspection Unit Karloveská 2, BRATISLAVA Ref: /23/2008/Ste Report on the results of the regulated products monitoring programme for 2007 Done by: Ing. Štelzerová Bratislava, 31 March 2008 Approved: Ing. Karol Višacký, chief inspector

2 Introduction In 2007, the inspection bureau started carrying out inspections of operators manufacturing or placing on the market substances regulated under Section 31(2)(k) of Act No. 478/2002 on air quality, supplemented by Act No. 401/1998 on payments for polluting the atmosphere, as amended (the Air Act ), as amended. The aim of the checks was to verify the quality of the regulated substances and their package labelling pursuant to Section 18(6) of the Air Act and under the Ordinance of the Slovak Environment Ministry No. 133/2006 on requirements for reducing emissions of volatile organic compounds in the use of organic solvents in regulated substances, reporting and providing data on the quantity and quality of regulated products for the previous year pursuant to Section 18(10) of the Air Act. Ordinance No. 133/2006 of the Slovak Environment Ministry on the requirements for reducing emissions of volatile organic compounds in the use of organic solvents in regulated products lays down the labelling requirements for these products, lists them and gives the maximum VOC content values. The aim of the checks is to determine the current situation as regards the manufacture and import of regulated substances in Slovakia to ensure compliance with the national VOC emissions ceilings to the year 2010 laid down in Directive 2001/81/EC of the European Parliament and the Council of 23 October List of inspections carried out on enterprises manufacturing or importing regulated products and the quantities thereof (Section 18(10) of the Air Act). No. Entities inspected in 2007 Enterprise Manufacturer/ Importer Quantities of regulated products manufactured/ imported in 2007 Quantity of regulated products sold in 2007 Number of infringements found 1. Chemolak a.s. Smolenice M [kg] [kg] 2 2. Novochema družstvo, M [kg] [kg] - Levice 3. Faladro s.r.o Stupava I [kg] [kg] 2 4. Technocolor s.r.o I not notified B.Bystrica 5. Hempel/Czek s.r.o Zvolen I [l] - 6. Bal Slovakia s.r.o I [l] [l] B.Bystrica 7. Primalex s.r.o Dolný Kubín M [kg] [kg] [l] 8. Primalex s.r.o Dolný Kubín I [kg] [l] [kg] [l] 9. Marpin Farby s.r.o M [kg] [l] Kysucké Nové Mesto 10. Helvet, s.r.o Považská M [kg] [kg] 1 Bystrica 11. Polytex s.r.o. Žilina M [kg] [kg] 2

3 12. Finalit, s.r.o. Žilina M [kg] [kg] 1 Budatín 13. SlovZink a.s. Košeca M [kg] [kg] Color Company s.r.o M [kg] [kg] 0 Dubnica nad Váhom 15. Auto Color Slovakia s.r.o. I [l] [l] 0 Prešov 16. Renojava s.r.o Prešov I [l] [l] Barvy Tebas Slovensko I [kg] [kg] 0 s.r.o Košice 18. Color Centrum SH Košice I [kg] [kg] FK Industrial Coatings I [kg] [kg] 0 s.r.o Košice 20. Color Max s.r.o Košice I [l] [l] 0 List of enterprises submitting declarations on the quantity and quality of regulated substances pursuant to Section 18(10) of the Air Act No. List of further enterprises notified in 2007 Enterprise Manufacturer/ Importer Quantity of regulated products manufactured/ imported in 2007 Quantity of regulated products sold in PJ Colours, Dolné M [kg] [kg] Otrokovce 2. PAM Čierna Voda M [kg] [kg] 3. Prima Pneu s.r.o I [kg] [kg] Bratislava 4 Het Slovakia s.r.o Galanta I [kg] [kg] 5. Silvi Nova Slovakia s.r.o I [l] [l] B.Bystrica 6. Lankwitzer Slovensko s.r.o I [kg] [kg] Hnúšťa 7. Slovacolor s.r.o Prievidza I [kg] [kg] 8. Hasta s.r.o Žilina, I [l] [l] Považský Chlmec 9. ROKO group s.r.o Nové I [kg] [kg] Mesto n. Váhom 10. Balakom Slovakia s.r.o I [kg] [kg] Žilina 11. Bal Slovakia s.r.o Žilina I [kg] [l] [kg] [l] 3

4 12. Helios Slovakia s.r.o Žilina I [l] [l] 13. Helvet, s.r.o Považská I [kg] [kg] Bystrica 14. Jozef Demčák M [kg] [kg] Čaklov 15. Novatic SK s.r.o M [kg] [kg] Smolenice, prev. Prešov 16. BLISS a.s. I [l] [l] Košice 17. Tradix Slovakia s.r.o I [l] [l] Košice 18. Clou Slovakia s.r.o I 3259 [l] 3259 [l] Prešov 19. Lankwitzer Slovensko I [kg] [kg] Prešov 20. Tatrametal, s.r.o Košice I [kg] [kg] Košice 21. Jub Kastaco Košice, s.r.o Košice I [kg] [kg] During the reporting period, the inspection bureau took 124 of regulated products from 10 manufacturers and 12 importers to analyse the VOC content of coating materials. The were analysed by an accredited laboratory using analysis methods conforming to the relevant standards. Out of the total of 124 checked, 16 were found not to comply with the VOC limit values, and 7 were not marked as required by the Ordinance. The most substantial infringements were found with importers of materials for refinishing and coating vehicles. These were the Košice workshop of Color Centrum SH, s.r.o, Topoľčianky and FALADRO s.r.o Stupava. Both were found to exceed the VOC limits and to have incorrectly marked regulated products. Penalty proceedings will be instituted against them in According to the information provided by manufacturers and importers of regulated products, in tonnes of regulated products were manufactured and tonnes and litres of regulated products were imported tonnes and litres of regulated products were placed on the Slovak market. This information is not complete, as the majority of enterprises failed to provide information despite being asked to do so. The Slovak Trade Inspection Bureau (SOI) participated in the operation and provided the results of its checks carried out in November 2007 at 9 warehouses and 21 retail outlets, covering 160 types of regulated substances designated for retail, 9 of which failed to provide the information about the VOC required on their labels. 1 of these products was from a Greek manufacturer, 1 from a UK manufacturer and the rest were from Czech manufacturers. 4

5 Number of inspections made by region Region Regulated product manufacturer Number of checks carried out Regulated product importer Wholesale and retail Total Bratislava Trnava Nitra Žilina Trenčin Banská Bystrica Kosice Prešov Total Penalties imposed In 2007 the inspection bureau imposed two infringement penalties totalling SKK , with administrative proceedings for the outstanding cases to be completed in the first half of Entities checked in 2007 Regulated product manufacturer 1. SlovZink, a.s., Košeca No. Penalties* imposed for infringing the Air Act Section 38(8) Section 38(9) total Amount in SKK No. Amount in SKK No. Amount in SKK Chemolak a.s Smolenice Regulated product importer TOTAL * valid for

6 Controls of permitted exceptions under Section 33(3)(u) of the Air Act During the reporting period, local environmental authorities did not issue any permits for the purchase and use of limited quantities of regulated products designated for the maintenance and restoration of buildings and vehicles of particular historical and cultural value which do not meet the requirements of Section 18(6) of the Air Act. Exemptions * issued for: Restoration of buildings Restoration of historic vehicles No. 0 0 Regulated product quantity** * local environmental authorities are entitled to use limited amounts of restricted products not meeting the requirements for restricted products under Ordinance No. 133/2006 of the Slovak Environment Ministry ** not meeting the requirements for restricted products under Environment Ministry Ordinance No. 133/2006 Conclusion The results of the activities aimed at controlling the quality of regulated products, their labelling and keeping records of their quantity and quality do not reflect the real state of affairs, as only products manufactured after were subject to checks. Large amounts of regulated products manufactured, imported or placed on the market do not have information on the date of manufacture, as there is no obligation to do so in law. There is no complete list of manufacturers and importers of regulated products, as the database is being made on an ongoing basis, as a result of which the list of enterprises submitting data on quantities and quality of regulated products is incomplete. The inspection bureau also plans to obtain information on enterprises carrying out these activities and enter them into the database. In 2008, checks of quality, labelling and record keeping will be carried out among manufacturers and importers of regulated substances, and follow-up checks will be made at enterprises where infringements were found. 6

7 FIRST REPORT ON THE IMPLEMENTATION OF COUNCIL DIRECTIVE 2004/42/EC FOR THE PERIOD 1 JANUARY TO 31 DECEMBER General information and administrative arrangements 1.1. Authority responsible for the present report: Name Slovenská agentúra životného prostredia (Slovak Environment Agency) Address Tajovského 28, Banská Bystrica Contact person Dorota Dolincová dorota.dolincova@sazp.sk Telephone Name Ministerstvo životného prostredia SR (Environment Ministry of the Slovak Republic) Address Nám. Ľ. Štúra 1, Bratislava Contact person Zuzana Kocunová kocunova.zuzana@enviro.gov.sk Telephone In the framework of the implementation of Directive 2004/42/EC, please indicate the authority or authorities designated pursuant to Article 5 of that Directive and responsible for: establishing, coordinating and managing the The establishment, coordination and management of monitoring programme (at national level) the monitoring programme is the responsibility of the Slovak Environmental Inspection Bureau (SEIB) carrying out inspections and checks in the field (at Inspections and controls are the responsibility of the regional and/or local level); enforcing the requirements of that Directive in the case of infringements. regional Environmental Inspection Bureaux. Sanctions in the case of infringements of the requirements of Directive 2004/42/EC are decided on by the Slovak Environmental Inspection Bureau. 2. Monitoring Programme (Article 6 of Directive 2004/42/EC) 2.1. If a written version of the national monitoring programme is available, please provide a copy of it in the annex to the report. See the attachments spravarv.doc (Report on the results of the regulated products monitoring programme in 2007) and program monitorovania.doc (Monitoring programme for compliance with the requirements of Environment Ministry Ordinance No. 133/2006) Please briefly describe the programme established to monitor and verify compliance with Directive 2004/42/EC with particular reference to the following elements: the VOC limit values set out in Annex II to that See point 7 of the annexes Directive the labelling requirements laid down in Article 4 of The Member States are responsible for ensuring that that Directive the products set out in Annex I carry a label when they are placed on the market. The label shall indicate: (a) the subcategory of the product and the relevant VOC limit values in g/l as referred to in Annex II; (b) the maximum content of VOC in g/l of the product in a ready to use condition. 7

8 2.3. Please indicate whether inspections are carried out on the following operators: manufacturers of products covered by Directive Yes (SEIB) 2004/42/EC; importers of products covered by Directive Yes (SEIB) 2004/42/EC; wholesalers, retailers, professional end-users of Yes regulated products or other operators, including for STIB (wholesale and retail) instance vehicle refinishing installations no longer SEIB installation operators covered by Council Directive 1999/13/EC (1) If these inspections are carried out, briefly describe: types of inspections carried out (on-site visits, sampling and product analyses, verifying stocks and sales data, checks on labelling, others) frequency of inspections carried out (systematic annual inspections, inspections limited to the most important producers/importers, random inspections, others) On-site inspections are carried out. Their aim is to: - analyse VOC content in coating materials - check the package labelling within the scope of the ordinance - check record-keeping regarding the quantity and quality of regulated products In 2007, controls were aimed at the most important producers/importers. Inspections started in May 2007 and continued throughout the year. The sampling of regulated substances was limited by the funding available for analyses. Where non-compliances were found among important operators, the checks were repeated during the year Please indicate the number of enterprises involved in the production and distribution of products that were inspected in 2007, and, if possible, the number of inspections planned for If possible, please also indicate an estimate of the total number of actors involved in the production and distribution of products and the total quantities of products concerned (produced and distributed in 2007 in respective Member State): Type of operators Total number of existing operators Number of operators inspected in 2007 Total quantity of products covered by Directive 2004/42/EC (in kg)*** Inspections planned in 2008 Manufacturers * kg approx. 15 Importers * kg approx l Others ** 9 wholesale warehouses kg l retail outlets * The total number of operators manufacturing or importing restricted products in 2007 cannot be determined as there is no database of them. Inspection bureau staff are also determining the existence of such operators in the course of other verifications, and will check their activities in The quantities of the products were given in litres or in kg, as there is no legal obligation on operators to use a particular unit of measure, and for this reason the quantities given in the monitoring report have not been totalled. It only lists the number of operators who submitted reports to the inspection bureaux. ** wholesale and retail inspections by the STIB *** this is not the total quantity of regulated products manufactured or imported in Slovakia, but the quantity of regulated products belonging to manufacturers and importers who met their obligation to notify the quantity of products manufactured/imported 2.5. How do the competent authorities verify that compliance has been established using the reference measurement methods described in Annex III to Directive 2004/42/EC? The taken were analysed in an accredited laboratory. The analytical assays were carried out using ISO methods verified in A report was issued for each sample analysed. 8

9 2.6. If several authorities are involved in the implementation of Directive 2004/42/EC (refer to point 1.2 above), please indicate the measures taken to ensure the most uniform possible implementation of that Directive throughout the whole territory The Slovak Environment Ministry, as the intermediate state authority responsible for protecting air quality, issues generally binding regulations establishing the requirements for restricting VOC emissions arising from the use of organic solvents in particular paints and varnishes and in vehicle refinishing products. The Slovak Environmental Inspection Bureau is the specialised controlling authority responsible for implementing the monitoring programme. The Slovak Trade Inspection Board is responsible for inspecting wholesalers and retailers The local environmental agencies are the competent authorities for granting licences for the use of limited quantities of regulated products for the maintenance and restoration of buildings and vintage vehicles of particular cultural and historical value What are the rules on penalties applicable to infringement of the national provisions adopted pursuant to Article 10 of Directive 2004/42/EC? The rules on penalties for infringement adopted pursuant to Article 10 of the Directive and measures to enforce them are set out in Section 38(8), (9) and (12) of Act No 478/2002 with reference to Act No. 571/ If possible, please provide an estimate of the total number of staff involved in monitoring and control, their qualifications as well as the estimated monitoring costs in EUR per year (personnel, sampling and analysing, checks on labelling, enforcement, other costs). An average of 20 staff were employed at all 4 inspection bureaux (BA, BB, ZA, KE). All of these employees participated in checks for regulated products at various times. Sampling inspections for regulated products at enterprises are generally conducted by 2 persons simultaneously. Approximately SKK were spent on analysing regulated products by accredited laboratories out of a total allocated budget of SKK. The remaining costs of verifications (salaries, travel, etc) cannot be determined. All staff members have specialist qualifications in air quality protection. Some 20 employees of the Slovak Trade Inspection Bureau took part in monitoring and controls of chemical substances. 3. Key results of the monitoring programme carried out in 2007 (Article 7 of Directive 2004/42/EC) 3.1. As compared to the total number of checks carried out, how many incidents of non-compliance (in %) with the VOC limits in Annex II to Directive 2004/42/EC were identified in 2007? If possible, please indicate: categories of the quantities of products which did not comply with those limits product concerned in accordance with that Annex Manufacturer/ importer Others Coating substances used in the surface treatment of buildings and structures Product sub-category and type Number of Nonconforming % Number of Nonconforming taken taken a WB a b WB c WB d WB d e WB e f g h WB h i WB % 9

10 i j l Total % Number of taken Regulated substances used in vehicle repairs and refinishing Product sub-category Number of taken Nonconforming Nonconforming a b c d e Total quantities of products Manufacturer/importer Others which did not comply with those limits 12.9% 0.6% % 3.2. As compared to the total number of checks carried out, how many incidents of non-compliance (in %) with the labelling obligations laid down in Article 4 of Directive 2004/42/EC were identified in 2007? If possible please make a distinction between the following categories: Manufacturer/ importer products which do not comply with requirements concerning labelling and VOC contents 31% products complying with requirements concerning VOC 91.3% contents but not with labelling requirements Others products which do not comply with requirements concerning 16% labelling and VOC contents products complying with requirements concerning VOC contents but not with labelling requirements 98.4% 3.3. In cases of non-compliance, what actions have subsequently been taken in order to ensure compliance with Directive 2004/42/EC? The Slovak Environmental Inspection Bureau issues penalty notices (fines) for infringements of the requirements of Directive 2004/42/EC. 4. Exemptions granted pursuant to Article 3(2) of Directive 2004/42/EC 4.1. How has the derogation regime provided for in Article 3(2) of Directive 2004/42/EC been established? 1. Products granted exemptions under Article 3(2) of Directive 2004/42/EC may only be used in installations which conform with the requirements of Directive 1999/13/EC. 2. The packaging of such products must state: Product for use in installations or for activities meeting the requirements for volatile organic substance emissions restrictions. 3. Not for retail sale What control system has been set up to ensure that products covered by the derogation under Article 3(2) of Directive 2004/42/EC are not sold and used by installations which are neither authorised nor registered in accordance with Article 3 or 4 of Directive 1999/13/EC? There is a ban on the retail sale of products under Article 3(2) of the Directive. The Slovak Trade Inspection Bureau (STIB) verifies compliance with this. 10

11 4.3. If available, please provide an estimate of the quantity of exempted products (according to the classification listed in Annex 1 to Directive 2004/42/EC) in Consistent information on the quantity of exempt paints designated for installations meeting the requirements of Directive 1999/13/EC is not available. In 2007, one of the main manufacturers of this type of paint manufactured approx kg. 5. Individual licences granted pursuant to Article 3( 3) of Directive 2004/42/EC 5.1. Have you made use of the possibility of granting individual licenses provided for in Article 3(3) of Directive 2004/42/EC? Slovak legislation provides for the granting of individual licenses under Article 3(3) of Directive 2004/42/EC. The municipal environmental offices issue licences under Section 33(3)(u) of Act No. 478/02 on air quality protection, as amended If yes, please briefly describe the operation of the system established to grant individual licenses: Which authorities are in charge of issuing individual The municipal environmental offices issue licences licenses? under Section 33(3)(u) of Act No. 478/02 on air Which authorities are in charge of designating the buildings and/or vintage vehicles of particular historical and cultural value? According to which criteria has particular historical and cultural value been established? If possible, please provide an estimate of the number of buildings and/or vintage vehicles which have been designated by the competent authorities as being of particular historical and cultural value? quality protection, as amended. The Slovak Ministry of Culture is responsible for the central list of buildings of special historic and cultural value. Some of these may be part of a larger reserve of historic buildings. The decisive criteria are artistic historical, architectural historical, urbanistic historical and archaeological importance. The total approximate number of listed buildings is How is it ensured that the products in question are: a) sold only in "strictly limited" quantities; The license has to specify the nature of the paint and the allowable quantity. b) used only for the purpose of restoration and maintenance of designated buildings and/or vehicles The license has to specify the designated use, i.e. the particular building in question. Please use the following table to describe the categories and quantities of products licensed according to Article 3(3) of Directive 2004/42/EC: Category Correspondence with Annex I to Directive 2004/42/EC Category 1 none - Category 2, etc. none - Quantities of "ready-to-use" product for which a license has been granted (kg) 6. Other relevant information 6.1. What were the main difficulties encountered in setting and implementing the monitoring programme, including problems with implementation of the Directive or administrative problems encountered in implementation of a concrete monitoring programme? How were those difficulties overcome? The main difficulty in setting and implementing the monitoring the programme is the restriction of regulated paints by designated purpose. The paints falling under Directive 2004/42/EC restrictions are for use only for the surface finishing of buildings and structures and their interior parts and fixtures (understood to mean only fixtures which are permanently attached to the building). The retail network does sell paints for wood, iron, plaster interiors or exteriors. 11

12 Realistically it cannot be determined whether paint sold in the retail network will be used, for instance, to paint stair rails (which are permanently attached to the building, and therefore involve the use of a regulated product) or a shelf (a movable item, for which a regulated product is not required). This issue must be resolved when Directive 2004/42/EC is reviewed Please provide any additional relevant comments, suggestions or information in relation with the implementation of Directive 2004/42/EC 7. Annexes Annex 2 to table 2.2 A. MAXIMUM LIMIT VALUES FOR VOCs IN PAINTS AND VARNISHES Product sub-category Type First stage (g/l (*)) (from ) Second stage (g/l (*)) (from ) a matt for interior walls and ceilings (degree of gloss <25@60 ) WB b gloss for interior walls and ceilings (degree of gloss >25@60 ) WB c for exterior walls of mineral substrates WB d interior/exterior trim and cladding paints for wood and metal WB e interior/exterior trim varnishes and wood stains, including opaque wood stains WB f minimum-build interior and exterior wood stains WB g primers WB h binding primers WB i one-pack performance coatings WB j two-pack performance coatings WB k multicoloured coatings WB l decorative effect coatings WB (*) g/l ready for use B. MAXIMUM LIMIT VALUES FOR VOCs IN PRODUCTS FOR VEHICLE REPAIR, CONSERVATION OR DECORATION Product sub-category Coating VOC g/l (*) ( ) a preparatory and cleaning products preparatory pre-cleaning b bodyfiller/stopper all types 250 c primer surfacers/fillers and general (metal) primers wash primer d topcoat all types 420 e special finishes all types 840 (*) g/l of ready for use products. For sub-category a), any water in the ready-for-use product should be discounted. 12