SCREENING PROCESS WITH SERBIA

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1 SCREENING PROCESS WITH SERBIA The VOC Paints Directive 2004/42/EC (as amended) European Commission, Environment Directorate-General Air and Industrial Emissions Unit (ENV C3)

2 Context/Objectives To limit the total content of VOCs in certain paints, varnishes and vehicle refinishing products to prevent/reduce air pollution and associated health and environmental impacts resulting from the contribution of VOCs to the formation of tropospheric ozone One tool to help complying with the national emission ceilings set for VOC in the NECD (2001/81/EC) and adding to other EU instruments incl. i.a. Directive 1999/13/EC now repealed and replaced by the IED (2010/75/EU) To ensure that national legislation does not lead to unecessary barriers to trade within the EU and to competition distortions 2

3 Means to implement to achieve its objectives Limit values applicable to VOC content defined in terms of g/l for a range of products in ready to use condition (Annex II) Use of specific ISO analytical methods to define VOC content in products concerned (Annex III) Labelling requirement (Article 4) Monitoring and Reporting requirements (Articles 6 and 7) Ensure free circulation of complying concerned products (Article 8) 3

4 Scope / Categories of Products listed in Annex I Paints and Varnishes as coatings applied to buildings, their trims and fittings and associated structures for decorative, functional and protective purpose (Annex I(1)), incl.: Matt or glossy coatings / primers for interior walls and ceilings Coatings for exterior walls of mineral substrate Interior/exterior trim and cladding paints for wood, metal, plastics Vehicle refinishing products used for road vehicle coating carried out as part of vehicle repair, conservation or decoration outside the manufacturing installations (Annex I(2), incl.: Bodyfiller, primer, topcoat, special finishers.. 4

5 Conditions for Placing on the Market and Free Circulation Art. 3(1) and 4: Vehicle Refinishing Products and Paints and Varnishes for buildings can be placed on the market (as from 2007 and 2010) in MS only if they have a VOC content < or = to limit values set out in Annex II (e.g. interior matt walls and ceilings ready for use: 30 g/l); and bear a label indicating the relevant category of products + applicable VOC content limit value + maximum VOC content of the product MSs shall not prohibit, restrict or prevent the placing on the market of products covered by this Directive complying with its requirements. have a VOC content < or = limit values set out in Annex II (e.g. interior matt walls and ceilings ready for use: 30 g/l); and NB: Legal basis of this Directive is Art. 95 Treaty establishing the EC now Art. 114 of the Treaty on the functioning of the EU 5

6 Two possible derogations from VOC content limit values Art. 3(2) Interaction with Directive 1999/13/EC now repealed and integrated into the IED (2010/75/EU) MSs shall exempt from VOC content limit value requirement the vehicle refinishing products and paints/varnishes used for buildings when they are sold for exclusive use in an activity/installation covered now - by Annex VII of the IED and that is authorised/registered in accordance with now Art. 4(1) of the IED Art. 3(3) Restoration and maintenance of buildings and vintage vehicles of particular historical and cultural value: individual licences may be granted for the sale/purchase in strictly limited quantities of products.

7 Monitoring and Reporting Art. 6: MSs must set up a monitoring programme to verify compliance with this Directive Art. 7: MSs must report every 5 years to the Cion in accordance with the Reporting Format: established in 1 st Report due in nd Report due mid-2012 in accordance with Cion Decision 2010/693/EU of 22 July 2010 establishing a common format for the 2 nd report of MSs on the implementation of Directive 2004/42/EC 3 rd report due mid-2017 in accordance with a revised common format that is in the making.

8 Review (Art. 9) 1 st Review of the Directive covering => Commission adopted a report (COM (2011)297 final) whose main finding was that several MSs had struggled to set up their monitoring systems in time. Hence, improvements to the current monitoring programmes and practices were required 2 nd Review of the Directive covering => Commission adopted a report (COM (2013)704 final) whose main findings were: (i) progress in the monitoring of compliance with the VOC content limit values and labelling requirement (4.700 inspections in 2010 across the EU) but big variations among MSs, (ii) compliance rate with VOC content limit values and labelling requirements ranging from 94% to 98%

9 For more information DG ENV air policy website 9