EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations revoke and remake with amendments the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 (SI 2005/2773). They implement Directive 2004/42/EC of the European Parliament and of the Council on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints, varnishes and vehicle refinishing products (the VOCs in Paints Directive) (OJ L 143, 30.4.2004, p. 87).
In particular these Regulations transpose, by Schedule 3, the new analytical methods for determining VOC content contained in Directive 2010/79/EU on the adaptation to technical progress of Annex III to Directive 2004/42/EC (OJ L 304, 20.11.2010, p. 18).
The VOCs in Paints Directive lays down maximum content limit values for volatile organic compounds. The second phase of that limitation in respect of paints and varnishes was effective from 1st January 2010. These limits are set out in table A of Schedule 2. Reference in the 2005 regulations to the first phase has been deleted as has the transitional period which has now passed. The single set of content limit values in respect of vehicle refinishing products is set out in table B of Schedule 2.
Regulation 3 applies the Regulations to the products covered by Schedule 1 unless they are for use outside the EU or are for uses regulated for the purposes of Council Directive 1999/13/EC on the limitation of emissions of Volatile Organic Solvents due to the use of organic solvents in certain activities and installations (the Solvent Emissions Directive).
Regulation 4 prohibits the marketing of the products listed in Schedule 1 unless they have a VOC content which does not exceed the limit values in Schedule 2.
Schedule 3 sets out the analytical methods to be applied in determining the VOC content of the products.
Regulation 5 requires that products listed in Schedule 1 carry a label giving the maximum VOC content of that product in a ready to use condition.
Regulation 6 deals with enforcement and Schedule 4 contains specific provisions regarding enforcement in Northern Ireland.
Regulation 7 requires the Secretary of State to establish a programme of monitoring so as to verify compliance with the Regulations.
Regulation 8 creates an offence of failing to comply with regulation 4 and prescribes penalties. The maximum penalties are a fine on conviction on indictment, and on summary conviction, a fine of the statutory maximum which, at the time of making these Regulations, is £5,000.
Regulation 9 imposes upon the Secretary of State an obligation to review the regulations after 5 years.
An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Better Regulation Programme, Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL. It is published at www.legislation.gov.uk alongside the Explanatory Memorandum and this instrument.