Directive 2004/42/EC of the European Parliament and of the CouncilShow full title

Article 1 U.K. Purpose and scope

1. 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.

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 U.K. 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. ‘[F1 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 [F1 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.

Textual Amendments

F1 Substituted by Directive 2008/112/EC of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (Text with EEA relevance).

Article 3 U.K. 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 U.K. 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:

(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.

Article 5 U.K. 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.

Article 6 U.K. Monitoring

Member States shall set up a monitoring programme for the purpose of verifying compliance with this Directive.

Article 7 U.K. Reporting

Member States shall report the results of the monitoring programme to demonstrate compliance with the Directive and the categories and quantities of products licensed according to Article 3(3). The first two reports shall be submitted to the Commission 18 months after the dates for compliance with the VOC content limit values laid down in Annex II; subsequently a report shall be submitted every five years. The Commission shall develop in advance a common format for the submission of monitoring data in accordance with the procedure referred to in Article 12(2). Annual data shall be made available to the Commission upon request.

Article 8 U.K. Free circulation

Member States shall not, on the grounds dealt with in this Directive, prohibit, restrict or prevent the placing on the market of products falling under the scope of this Directive which, in their ready for use condition, comply with the requirements of this Directive.

Article 9 U.K. Review

The Commission is invited to submit to the European Parliament and the Council:

1.

by 2008 at the latest, a report based on the results of the review referred to in Article 10 of Directive 2001/81/EC. This report shall examine:

(a)

the broad scope and potential for making reductions in the VOC content of products outside the scope of this Directive including aerosols for paints and varnishes;

(b)

the possible introduction of a further (phase II) reduction in the VOC content of vehicle refinishing products;

(c)

any new element relating to the socio-economic impact of the application of phase II as foreseen for paints and varnishes;

2.

at the latest 30 months after the date of implementation of the VOC content limit values of Annex II phase II, a report taking account, in particular, of the reports referred to in Article 7 and of any technological developments in the manufacture of paints, varnishes and vehicle refinishing products. This report shall examine the broad scope and potential for making further reductions in VOC content of products inside the scope of this Directive, including the possible distinction between paints used for interiors and exteriors in subcategories (d) and (e) of Annex I, point 1.1. and Annex II, section A.

These reports shall be accompanied, if appropriate, by proposals to amend this Directive.

Article 10 U.K. Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take the necessary measures to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those rules and measures to the Commission by 30 October 2005 at the latest, and shall notify it without delay of any subsequent amendment affecting them.

[F2 Article 11 U.K. Adaptation to technical progress

The Commission is empowered to adopt delegated acts in accordance with Article 11a amending Annex III to adapt it to technical progress.]

Textual Amendments

F2 Substituted by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union (Text with EEA relevance).

[F3 Article 11a U.K. Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for a period of five years from 26 July 2019 . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 11 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1) .

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 11 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.]

Textual Amendments

F3 Inserted by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union (Text with EEA relevance).

Article 12 U.K. Committee

1. The Commission shall be assisted by the committee established by Article 13 of Council Directive 1999/13/EC, hereinafter referred to as ‘the Committee’.

2. Where reference is made to this paragraph Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

F4 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Deleted by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union (Text with EEA relevance).

Article 13 U.K. Amendment of Directive 1999/13/EC

1. Directive 1999/13/EC is hereby amended as follows:

in Annex I, in the section entitled ‘Vehicle refinishing’, the following indent shall be deleted:

• ‘the coating of road vehicles as defined in Directive 70/156/EEC, or part of them, carried out as part of vehicle repair, conservation or decoration outside of manufacturing installations, or’.

2. Notwithstanding paragraph 1, Member States may maintain or introduce national measures for the control of emissions from vehicle-refinishing activities deleted from the scope of Directive 1999/13/EC.

Article 14 U.K. Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 October 2005 at the latest, and shall immediately inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted.

Article 15 U.K. Entry into force of the Directive

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 16 U.K. Addressees

This Directive is addressed to the Member States.