Proposal for a Directive 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 decorative paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC
Date: 2002-12-23
Institutions: European Commission
Subjects: air quality, environmental protection, health control, health policy, paints and varnishes, pollution control measures, solvent, stratospheric pollution

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.12.2002
COM(2002) 750 final

2002/0301 (COD)

Proposal for a

DIRECTIVE 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 decorative paints and varnishes and vehicle refinishing products and
amending Directive 1999/13/EC

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

INTRODUCTION

The Sixth Action Programme

The Sixth Environment Action Programme (6EAP)1 recognises that significant effort  is  still
required to  reduce  emissions  so  that  all  citizens  of  the  Community  can  enjoy  clean  air.  For
this  reason,  air  quality  is  one  of  the  areas  for  which  the  6EAP  foresees  the  adoption  of  a
thematic  strategy.  This  will  be  developed  in  the  context  of  the  Clean  Air  for  Europe
programme (CAFE) announced by the Commission in 20012.

The  main  objectives  are  to  identify  omissions  in  present  policy,  and  priorities  for  further
action, especially for particulate matter  and for tropospheric ozone ("photochemical smog"),
taking  into  account  risks  to  vulnerable  groups.  The  CAFE  programme  will  review  and,  if
necessary,  update  existing  air  quality  standards  and  national  emission  ceilings  and  develop
better  systems  for  gathering  information,  modelling  and  forecasting.  The  objective  is  to
achieve levels of air quality with no unacceptable impact on, and risks to, human health and
the environment.

This proposal is consistent with the CAFE programme. For the reasons given it is clear that
since volatile  organic  compounds  contribute  to  the  formation  of  tropospheric  ozone,  further
reductions  in  their  emissions  are  required  to  meet  current  environmental  goals  and  to
contribute to further environmental improvement in the longer term. This was also recognised
by  the  Council,  which,  when  adopting  the  Common  Position  for  a  Directive  on  National
Emission  Ceilings,3  invited  the  Commission  to  come  up  with  legislative  proposals  to  help
meet current and future obligations to reduce emissions of volatile organic compounds.

Background

Scientific basis

Volatile organic compounds (VOCs) are  emitted into  the air  from  the  processes  where  they
are  used  or  produced:  in  transport  there  are  emissions  in  the  form  of  evaporation  from
hydrocarbon-based  fuels  and  vehicle  exhausts  and  there  are  emissions  from  the  use  of
solvent-containing products. These emissions undergo chemical reactions in the atmosphere,
which  cause  a  number  of  indirect  effects,  in  particular  the  formation  of  photochemical
oxidants  such  as  tropospheric  ozone.  When  highly  concentrated  in  air,  ozone  can  impair
human health and can damage forests, vegetation and crops, reducing yields. Ozone is also a
potent greenhouse gas. VOCs cause episodic ozone formation at local and  at regional level,
involving precursors and photochemical oxidants transported over long distances.

1

2

3

OJ L 242, 10.9.2002, p. 1.
COM(2001)245, 4.5.2001.
A substantial reduction in VOC emissions will be necessary if the interim environmental objectives set
out  in  Article  5  of  the  Directive  on  national  emission  ceilings  for  certain  pollutants  are  to  be  met  by
2010.  In  view  of  this,  the  Environmental  Council  strongly  urges  the  Commission  to  propose
Community rules on products, so as to reduce VOC emissions. These rules would have to be in force by
2004 in order to take this reduction into account in the evaluation of the directive on national emission
ceilings (Council Declaration in Annex 4 from the report on the 2278th meeting of the "Environment"
Council, Luxembourg, 22 June 2000).

2

                                                
Pollution by tropospheric ozone in the European Community

Pollution by tropospheric ozone is a widespread and chronic problem within the Community.
Data  submitted  by  the  Member  States  to  the  Commission  under  Directive  92/72/EEC4
indicate that during the summer months the threshold level for the protection of human health
(110 µgm -3, expressed as an  average value  over  eight hours) is  exceeded in all  the  Member
States  and  that  in  urban  environments  more  than  40  million  people  are  estimated  to  be
exposed  to  potentially  harmful  concentrations  of  this  aggressive  pollutant.  Similarly,
monitoring  data  indicates  that  the  threshold  value  for  the  protection  of  vegetation  (65µgm -3
expressed  as  an  average  value  over  24  hours)  is  exceeded  in  all  Member  States.  Directive
2002/3/EC5  sets  even  more  ambitious  thresholds  and  target  values.  Member  States  must
transpose this Directive by September 2003.

As a result of ozone pollution, sensitive members of the population can expect to experience
symptoms such as eye irritation, sore throats and respiratory problems. In the environment, it
affects photosynthesis producing lesions and discoloration of leaves, thus adversely affecting
the yield of certain crops.

Further  to  the  Framework  Directive  on  ambient  air  quality  management  and  assessment,  a
new Directive establishing air quality objectives and target values for ozone has recently been
adopted.6  Member  States  are  required  to  establish  air  quality  management  plans  setting  out
the measures they will take to reach these target values and objectives. While Member States
will  benefit  from  existing  Community  legislation  to  reduce  VOC  emissions,  it  is  clear  that
further measures at Community level are necessary.

Community legislation to reduce VOC emissions

There  is  already  a  substantial  body  of  legislation  in  the  Community  to  reduce  emissions  of
volatile  organic  compounds  into  the  air.  Directive  96/61/EC7  on  Integrated  Pollution
Prevention and Control addresses reduction of emissions into all media from a large number
of industrial sectors. Directive 1999/13/EC8 on the limitation of volatile organic compounds
due to the use of organic solvents in certain activities and installations specifically addresses
emissions of volatile organic compounds from industrial sectors that are substantial users of
solvents by  setting both  stack  and  fugitive  emission  limit  values.  In  addition,  that  Directive
sets out to clean up production processes by proposing solvent emission reduction plans as an
alternative method of compliance to the conventional use of pollution abatement equipment.

In  the  transport  sector,  the  Auto  Oil  I  programme  resulted  in  tighter  vehicle  emissions
standards (Directive 98/69/EC9), along with the necessary  improvements  in  fuel  quality10 to
ensure the effectiveness of more advanced exhaust emission abatement equipment. Directive

4

5

6

7

8

9

10

OJ L 297, 13.10.1992, p. 1.
OJ L 67, 9.3.2002, p. 14.
OJ L 67, 9.3.2002, p. 14.
OJ L 257, 10.10.1996, p. 26.
OJ L 85, 29.3.1999, p. 1.
Directive 98/69/EC (OJ L 350, 28.12.1998, p. 1) relating to measures to be taken against air pollution
by emissions from motor vehicles.
Directive 98/70/EC (OJ L 350, 28.12.1998, p. 58) on the quality of petrol and diesel fuels. Amended by
Commission Directive 2000/71/EC (OJ L 287, 28.11.2000, p. 46) to adapt the measuring methods.

3

                                                
94/63/EC11 also seeks to reduce VOC emissions from transport by requiring vapour recovery
at various points in the petrol distribution chain.

Table  1  gives  a  breakdown  of  EU  emissions  for  2010  by  source  category.  Existing
Community  legislation  has  helped  bring  about  a  50%  reduction  in  all  projected  man-made
VOC emissions in 2010 compared to a 1990 baseline.

The National Emission Ceilings Directive

Because  there  is  a  transboundary  dimension  to  the  formation  of  tropospheric  ozone,  the
Commission  proposed  a  Directive  introducing  national  emission  ceilings  (NEC),  whereby
national  emissions  of  sulphur  dioxide,  nitrogen  oxides,  volatile  organic  compounds  and
ammonia would be restricted to certain ceilings in each Member State in 2010. The analysis
underpinning  this  proposal  took  into  account  the  geographical  distribution  of  emission
sources throughout the Community, the long-range transport aspect, the cost effectiveness of
emission reductions for each pollutant in each Member State, and the need to simultaneously
reach  environmental  targets  for  both  acidification  and  tropospheric  ozone  (because  nitrogen
oxide contributes both to tropospheric ozone formation and acidification).

Although emissions of VOCs in the Community are predicted to fall from 14.1 million tonnes
in 1990 to 7.1 million tonnes by 2010, the Commission’s analysis12 showed that it would be
necessary to reduce  emissions  of  VOCs  to  5.5  million  tonnes  in  2010  to  meet  even  interim
environmental  objectives  for  this  pollutant.  According  to  the  relevant  studies  (see  footnote
12), to ensure complete protection of public health and vegetation, emissions will have to be
reduced still further in the longer term.

After prolonged and difficult negotiations in Council and the European Parliament, Member
States  were  able  to  commit  to  national  emission  ceilings  for  2010  which  give  a  combined
Community  ceiling  of  6.5  million  tonnes.13  In  so  doing  Member  States  highlighted  the
difficulty  of  reducing  VOC  emissions  and  asked  the  Commission  to  come  up  with  further
proposals in this area, in particular concerning the VOC content of products (see Table 2).

2.

PRODUCTS CONTAINING VOCS

Emissions  from  products  used  in  industry  which  contain  volatile  organic  compounds  are  in
part covered by Community legislation. Directive 1999/13/EC - on the limitation of emissions
of  volatile  organic  compounds  due  to  the  use  of  organic  solvents  in  certain  activities  and
installations  -  applies  to  a  number  of  solvent  using  sectors.  The  Directive  also  covers
emissions  from  the  use  of  VOC-containing  products  in  vehicle  refinishing.  However,  as
Directive  1999/13/EC  is  based  on  an  authorisation  system  to  reduce  emissions  from
installations,  there  were  practical  limitations  as  regards  implementation  and  enforcement
given  the  size  and  number  of  installations  amenable  to  an  authorisation  approach.
Consumption thresholds were thus established below which the Directive would not apply in
order  to  avoid  an  unrealistically  excessive  administrative  burden,  and  diminishing

11

12

13

OJ L 365, 31.12.1994, p. 24.
Cost-effective control of acidification and ground-level ozone (reports 1 to 8, IIASA)
Directive  2001/81/EC  on  national  emission  ceilings  for  certain  air  pollutants,  OJ  L  309,  27.11.1999,
p. 22.

4

                                                
environmental  benefits.  The  Commission  was  therefore  invited  to  explore  product-based
approaches, particularly as an alternative for the vehicle-refinishing sector.14

On the basis of a number of studies15,16,17 the Commission has identified the following sectors
as large users of VOCs and also sectors that at present are either wholly or partially outside
the scope of Community legislation to limit VOC emissions:

– 

– 

– 

– 

– 

Paint industry: annual solvent usage is estimated at 1.5 million tonnes. About
50%  of  these  products  are  "decorative  paints",  which  are  retailed  to  private
individuals  or  professional  decorators.  Emissions  from  the  use  of  these
products are not controlled by Council Directive 1999/13/EC.

Ink industry: annual solvent usage is estimated at 125 kilotonnes, principally in
installations covered by Council Directive 1999/13/EC.

Cosmetics,  toiletries,  perfumes:  annual  solvent  usage  is  estimated  at  200
kilotonnes/year. Emissions from the use of these products are not controlled by
Council Directive 1999/13/EC.

Cleaning materials and polishes: the range of products varies widely, but some
may contain large amounts of VOCs. Annual solvent usage is estimated at 300
kilotonnes/year.

Products  used  in  the  vehicle-refinishing  sector:  Annual  solvent  usage  is
estimated at 45 kilotonnes/year.

It  is  clear  from  the  above  that  paints  and  related  products  sold  retail  represent  a  significant
source  of  VOC  emissions  although,  even  without  legislation,  there  has  already  been  a
considerable shift away from solvent-based paint products to water-based products.

Two  Commission  studies  looked  in  particular  at  decorative  paint  products18  and  vehicle
refinishing products.19 Both concluded that on the basis of established trends in these sectors
in  favour  of  products  with  lower  solvent  content,  it  would  be  technically  and  economically
possible  to  reduce  VOC  content  further  within  a  realistic  timeframe  and  without
compromising product quality. These studies indicate that VOC emissions could be reduced
by approximately 280 kt by 2010 (see Table 3 - Phase II) by reducing the solvent content of

14

15

16

17

18

19

“The Council invites the Commission to present, as an alternative for controlling sector 6 of Annex IIA
to this directive as a first step, its proposal for a regulation through a product based approach within the
shortest possible time and consequently the adaptation or removal of this sector from the scope of this
Directive.”  -  Addendum  to  the  minutes  of  the  2165th  Council  meeting  on  the  environment  held  in
Brussels on 11 March 1999.
Study on the potential for reducing emissions of volatile organic compounds (VOC) due to the use of
decorative  paints  and  varnishes  for  professional  and  non-professional  use  (Chemiewinkel,  Enterprise
Ireland and Wetenschappelijk instituut voor milieu-management, June 2000).
Reducing VOC emissions from the vehicle-refinishing sector (Entec UK Limited and the paint research
Association, August 2000).
Study  to  identify  reductions  in  VOC  emissions  due  to  restrictions  in  the  VOC  content  of  products
(Bipro, AFC consult and DFIU-IFARE, February 2002).
Study on the potential for reducing emissions of volatile organic compounds (VOC) due to the use of
decorative  paints  and  varnishes  for  professional  and  non-professional  use  (Chemiewinkel,  Enterprise
Ireland and Wetenschappelijk instituut voor milieu-management, June 2000).
Reducing VOC emissions from the vehicle-refinishing sector (Entec UK Limited and the paint research
Association, August 2000).

5

                                                
decorative  paint  and  varnish  products  and  by  approximately  15kt  by  reducing  the  solvent
content of vehicle refinishing products. These studies have highlighted some uncertainties in
the technical feasibility and economic viability of significant improvement in certain product
categories.  This  has  been  reflected  in  the  maximum  content  limit  values  set  out  in  this
proposal.

There is less potential for reducing the solvent content in other product groups at this stage. In
some product groups, VOCs are used in propellant systems to replace substances which were
depleting  the  stratospheric  ozone  layer.  The  Commission  has  thus  decided  that  further
consideration is required before proposing any measures for these product groups in order to
ensure  that  all  the  measures  designed  to  achieve  these  particular  environmental  policy
objectives are consistent.

Vehicle Refinishing Sector

Directive 1999/13/EC sets emission limit values for the vehicle refinishing sector which apply
to plants with  solvent  consumption greater than 0.5 tonnes per  year.  The  proposed  product-
based  approach  will  reduce  emissions  from  the  sector  as  a  whole,  whereas  the  current
provisions in Directive 1999/13/EC allow an exemption for plants using less than 0.5 tonnes
of solvent per year. However, for the Community to set maximum VOC contents for products
used  in  the  sector  and  also  to  set  limit  values  for  emissions  from  the  facilities  themselves
would be  duplication.  It  is  therefore  proposed  to  repeal  the  relevant  provisions  of  Directive
1999/13/EC.

3.

DESCRIPTION OF THE LEGISLATIVE SITUATION IN THE MEMBER STATES

Austria

Legislation limits the VOC content of decorative coatings, lacquers and varnishes used to coat
wooden floors. There is a ban on the sale of certain consumer products, and the use of other
products aimed at professional users is prohibited.

Denmark

Legislation  is  already  in  place  to  protect  worker  health  based  on  the  "MAL-code"  labelling
system,  so  the  sale  of  certain  products  is  prohibited.  Legislation  on  the  VOC  content  of
consumer paints is under preparation.

The Netherlands

Paints with high VOC contents have been prohibited for interior use by professional painters
since 1/1/2000 because of occupational health concerns.

Sweden

Restrictions similar to those in the Netherlands have been in force since 1987.

France

The French have introduced the eco-label "NF Environnement" for paints and vanishes.

6

Germany

The preparation of legislation on the VOC  content  of paints is being  considered.  There  is  a
national eco-label "Blaue Engel" for paints.

Spain

The Spanish have had an eco-label for paints and varnishes "AENOR medio ambiente" since
1994.

Greece,  Italy,  Luxembourg,  Portugal,  Ireland,  Finland  and  Belgium  have  no  specific
legislation  to  control  the  VOC  content  of  products  for  environmental  purposes,  although
Belgium has recently notified the Commission that it intends to introduce legislation on this
subject.

Justification for Community action

A  Commission  Decision20  already  specifies  ecological  criteria,  including  VOC  content,  for
the eco-labelling of paints and varnishes. Community eco-labels are awarded on the basis of a
life  cycle  analysis,  which  encompasses  manufacturing,  limiting  substances  which  harm  the
environment  and  health,  reducing  air  pollution,  reducing  potential  for  hazardous  waste
production, and health and environmental labelling for consumer information. The eco-label
criterion for VOC content is more ambitious than the mandatory values prescribed herein, but
compliance is voluntary.

As described above, emissions of volatile organic compounds can contribute to tropospheric
ozone formation both in the Member States where they are emitted and elsewhere due to long
range  transboundary  transport.  Thus,  while  Member  States  are  able  to  take  some  measures
domestically  to  reduce  VOC  emissions  to  counter  the  formation  of  tropospheric  ozone
formation,  no  Member  State  can  comprehensively  control  its  exposure  to  this  pollutant.
Moreover, a Community level product-oriented legislation offers the best guarantees to attain
the proposed environmental aim in a cost-effective way while preserving the Internal Market.

The transboundary problem and the need to take co-ordinated action is clearly covered by the
recently  adopted  Gothenburg  Protocol  under  the  Geneva  Convention  on  Long-Range
Transboundary  Air Pollution  to  which  the  Member  States  and  the  Community are  Parties.21
The Commission therefore believes that action at Community level is justified both to ensure
a co-ordinated response within the Community and to enable the Community to help combat
this  pollutant  within  the  broader  geographical  dimension  of  the  United  Nations  Economic
Commission for Europe, many members of which are candidate countries.

Choice of legal instrument

Although  there  are  pressing  reasons  for  Community  action  in  this  field,  a  number  of
approaches were considered before deciding on the most effective and efficient instrument .

Voluntary  commitments  by  industrial  stakeholders,  although  they  already  led  to  a  shift
towards low-VOC content products, were considered to be insufficient in terms of providing

20

21

C(1998) 4257; OJ L 5, 9.1.1999, p. 77.
Protocol  to  abate  acidification,  eutrophication  and  ground-level  ozone  adopted  in  Gothenburg  on
30 November 1999 by the executive body to the Convention on long-range trans-boundary air pollution.

7

                                                
the  necessary  assurance  that  the  objectives  would  be  achieved,  having  regard  to  the  large
number of manufacturers in the sector and the certain difficulties of monitoring and enforcing
compliance.  Equally,  a  Community  regulation,  while  it  would  assure  a  more  even
implementation across  the  Member  States,  was  not  considered  practicable,  having  regard  to
existing structures and related rules in Member States.

As  the  price  of  solvents  in  paint  products  is  a  small  percentage  of  the  total  price,  the
effectiveness of tax incentives would be limited, given the number of factors other than price
(e.g. product quality) that are also important to consumers.

A  European  Parliament  and  Council  Directive  should  thus  provide  the  necessary  balance
between ensuring a harmonised and consistent approach across the Community, while at the
same time allowing Member States some flexibility as to the details required to ensure proper
enforcement and also allowing them to build on any measures already in place.

4.

CHOICE AND JUSTIFICATION OF LEGAL BASIS

As  the  basic  proposed  Directive  aims  primarily  at  reducing  VOCs  emissions  though  the
approximation of technical specifications, Article 95 is used as the legal basis of the proposed
Directive in view of the single market dimension. The provisions of the Proposal are intended
to achieve approximation of laws. Although values for the maximum VOC content of certain
products content are included in the Directive, Member States can maintain or impose stricter
limit values if they can justify the reasons for these measures, as set out in Article 95 (4) and
(5) of the Treaty.

5.

COSTS AND BENEFITS OF THE PROPOSED DIRECTIVE

Reduction of VOC emissions has already been justified in economic terms in the Commission
Proposal  for  a  Directive  on  national  emission  ceilings  (NEC).22  The  economic  analysis
conducted  for  that  proposal23  showed  that  the  benefits  of  reducing  VOC  emissions  to  5.5
million  tonnes  in  2010  outweighed  the  cost,  even  without  including  avoided  damage  to
ecosystems.  As  the  Member  States  committed  to  reduce  their  emissions  only  to  6.5  million
tonnes  by  2010,  this  shortfall  of  1  million  tonnes  falls  within  the  reduction  range  that  has
already been shown to be justifiable on cost-benefit grounds.

In order to assess the technical potential of reducing VOC emissions from decorative paints
and  vehicle  refinishing  products,  the  Commission  Services  conducted  two  studies  (see
footnotes  13  and  14).  These  studies indicated that  the  emission  reduction  costs  of  measures
such  as  those  proposed  herein  are  well  within  the  range  of  the  costs  of  the  VOC  emission
reduction measures envisaged for all Member States in an NEC context.

These studies were used as a basis for a cost-benefit analysis24 of the proposed Directive. The
overall  annual  reduction  in  VOC  emissions  resulting  from  the  proposal  is  estimated  to  be
280 kilotonnes in 2010, and to cost between €108 and €157 million per annum in 2010. The

22

23

24

COM (1999) 125 final.
In the "Economic evaluation of air quality targets for tropospheric ozone" carried out by IIASA, AEA,
DNMI and RIVM, conclusions show that total estimates of benefits appear likely to exceed costs for all
of the scenarios considered.
For  details,  see  “The  costs  and  benefits  of  the  reduction  of  volatile  organic  compounds  from  paints"
Prepared by Directorate-General Environment, Air and Noise Unit, 2 May 2002.

8

                                                
average  cost  of  reducing  the  VOC  content  of  paints  is  estimated  at  between  €387  and
in cost estimates stems from the uncertainty
€563 per tonne of VOC reduced. The difference 
about additional costs for exterior paints.25 The range of  abatement costs per tonne of VOC
reduced (from €387 to €563) is smaller than the av erage of the cost-effective options to reach
the objectives of the NEC Directive (€687 per tonne of VOC abated).

It has been estimated that eliminating 280 kilotonnes of VOCs in the EU would bring health-
related benefits totalling €582 million each  year.  It should be noted that some benefits were
not monetised.26 Table 4 summarises costs and benefits by Member State.

The benefits of the proposed Directive were estimated to be four to five times higher than the
costs, and higher than costs in all Member States. In sum, the proposed Directive would bring
significant  benefits,  even  if  the  costs  have  been  somewhat  underestimated  or  the  benefits
somewhat overestimated.

Due  to  lack  of  data,  it  was  not  possible  to  include  candidate  countries  in  the  cost-benefit
analysis. However, the reduction potential in respect of VOCs in paints is unlikely to be very
different  from  the  Member  States.  If  there  were  any  differences,  it  would  probably  be  that
costs  in  these  countries  would  be  lower  than  in  the  Member  States.  In  any  case,  the  ozone
formation  problem  is  of  equal  concern.  Therefore,  the  cost-benefit  ratio  of  undertake  the
action  proposed  in  the  Directive  is  likely  to  be  at  least  equally  favourable  in  the  candidate
countries.

6.

EXPLANATION OF THE PROVISIONS OF THE PROPOSAL

The  proposal  aims  to  reduce  VOCs  emissions  by  setting  maximum  values  for  the  VOC
content in certain categories of decorative paints and vehicle refinishing products, limits that
have  to  be  respected  for  the  marketing  of  these  products  within  the  EU.  However,  in
accordance  with  the  principle  of  subsidiarity,  some  flexibility  is  provided,  for  example,  by
allowing  Member  States  discretion  in  the  development  and  implementation  of  market
surveillance mechanisms. The principle features of the proposal are as follows:

Article 1

This Article sets out the purpose of the proposal and its scope. The purpose of the proposed
Directive is to protect public health and the environment from the direct and indirect effects of
emissions of organic solvents. Occupational health is not the main aim of this  proposal, but
the  health-related  benefits  resulting  from  reduced  levels  of  tropospheric  ozone  have  been
considered.

25

26

The higher cost refers to a “pessimistic” case. It is assumed that the prices of all categories of paints for
exterior walls of mineral substrate, interior/exterior trim and cladding paints for wood and metal would
increase  because  of  a  technology  shift  which  would  among  other  things  increase  the  price  of  raw
materials.  In  the  “optimistic”  case  the  only  additional  cost  is  assumed  to  be  increased  research  and
development costs.
These unmonetised effects are the  improved  health  of  painters  (due  to  less  solvent  exposure)  and  the
benefits to ecosystem (due to lower ozone concentrations).

9

                                                
Article 2

This  Article  contains  the  necessary  definitions.  Three  possibilities  were  considered  for  the
definition of "volatile organic compound". The first reflects the fact that VOCs are precursors
of  tropospheric  ozone,  and  would  be  in  line  with  the  one  used  in  the  NEC  Directive
(2001/81/EC). The second measures volatility using the physical property of vapour pressure
and  is  the  one  used  in  Directive  1999/13/EC  on  the  limitation  of  solvent  emissions  from
certain industrial installations. The third is based on another physical property: boiling point.
Given the basic requirement of the Directive, the Commission opted for the definition based
on boiling point, which provides a simple and effective method for checking compliance.

Definitions of product categories are given in Annex I.

Article 3

This Article obliges Member States to ensure that product categories falling within the scope
of the Directive can be marketed only if they comply with the specifications in Annex II.

Article 4

A  labelling  requirement  has  been  introduced  to  ensure  that  consumers  are  adequately
informed of the environmental credentials of the product at  the time of purchase. Given  the
number  of  detailed  factors  that  need  to  be  considered  as  regards  both  label  design  and
application, it is proposed to delegate this task to the committee established under Article 12
of the Directive.

Articles 5, 6 and 7

These  Articles  require  Member  States  to  develop  a  market  surveillance  system  in  order  to
assess  and  control  effective  implementation  of  the  Directive.  Member  States  will  also  be
required  to  summarise  the  results  of  their  surveillance  activities  every  three  years,  and  to
submit annual results to the Commission on request only. To facilitate reporting, a common
reporting format will be developed by the Commission via a committee procedure.

Article 8

This  Article  states  that  the  principle  of  free  movement  has  to  be  respected  for  the  products
covered by this Directive which comply with its requirements.

Article 9

This  Article  introduces  a  review  clause  to  decide  permitted  VOC  content  for  2010  for  the
particular  sub-category  of  interior/exterior  trim  and  cladding  paints  for  wood  and  metal
(Annex II.A). At the moment, technical and economic considerations do not make the balance
between  advantages  and  disadvantages  in  setting  a  more  stringent  limit  in  2010  for  this
category sufficiently clear. The Commission will carry out this review before the end of 2006,
so that it can make a proposal to the European Parliament and the Council in 2006 for a value
to be applied from 2010. This review will be based on a study that will take into account all
the  elements  of  sustainability:  the  incremental  environmental  benefit  compared  to  the  2007
limit value, but also the economic implications, including impact on SMEs, the consequences
for employment and the technical feasibility.

10

Article 10

This is a standard Article requiring Member States to establish appropriate penalties for non-
compliance.

Article 11

The regulatory committee established in Article 12 will assist the Commission in deciding on
the mandatory use of ISO or CEN methods as soon as they become available for testing the
VOC content of the products covered by the Directive.

Article 12

This  Article  proposes  to  establish  a  regulatory  committee  that  will  function  in  accordance
with  the  Council  Decision  conferring  decision-making  powers  on  the  Commission.27  It  will
provide  technical  assistance  to  the  Commission  and  help  to  take  decisions  concerning  the
implementation of the Directive, such as common formats for reporting data.

Article 13

This Article repeals the provisions of Directive 1999/13/EC that set emission limit values for
the  vehicle  refinishing  sector  in  favour  of  the  product-based  approach  contained  in  this
proposal.  It  should  be  made  clear  that  this proposal does not  repeal  provisions  dealing  with
the solvents used in the coating of new vehicles. For this reason, only the first sub-indent of
Annex I of Directive 1999/13/EC will be repealed: "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".  In  Annex  II  A.I,  the  words  “vehicle
refinishing” are also removed from section 6 of the “Activity” column.

Articles 14, 15 and 16

These Articles contain standard provisions concerning entry into force and transposition into
national law.

Annex I

This  Annex  defines  the  categories  and  subcategories  of  decorative  paint  and  vehicle
refinishing covered by the proposal.

Annex II

This Annex sets out the proposed content limit values.

The  maximum  limit  value  for  subcategory  A.d  in  Annex  II:  Interior/exterior  trim  and
cladding paints for wood and metal, solvent-borne has been left blank for 2010. See comment
to Article 7.

27

Council Decision 1999/468/EC of 28 June 1999, OJ L 184, 17.7.1999, p. 23.

11

                                                
7.

BUSINESS  IMPACT  ASSESSMENT  (BIA):  THE  IMPACT  OF  THE  PROPOSAL  ON
BUSINESS, WITH SPECIAL REFERENCE TO SMALL AND MEDIUM-SIZED ENTERPRISES

7.1.

The proposal:

-  A  limitation  on  the  content  of  volatile  organic  compounds  (VOCs)  in  certain
categories of products

Community  legislation  is  necessary  in  this  area  to  help  protect  public  health,  in
particular  by  reducing  VOC  emissions  so  as  to  reduce  population  and  vegetation
exposure to photochemical oxidants. A two-phase approach is proposed for reduction
of the VOC content of the decorative paint products falling within the scope of  the
proposal.  This  will  give  the  sectors  affected  adequate  time  to  adapt  without
compromising  the  long-term  environmental  benefits.  One  phase  will  apply  from
1 January 2007 while a second will apply from 1 January 2010. In the case of vehicle
refinishing products only the 2007 values apply.

7.2.

The impact on business

- Who will be affected by the proposal?

Decorative paint manufacturers and production chain

The proposal affects the manufacture  of  decorative paints and the production chain
for these products. This includes the paint industry itself and the resin industry, the
solvent industry, and binder and pigment manufacturers.

Despite  the  ongoing  consolidation  in  this  sector,  there  are  almost  1300  large-scale
paint  manufacturers  and  over  3200  smaller  businesses  in  the  sector,  including
businesses  in  six  of  the  candidates  countries.28  The  sector  has  around  120  000
employees.  The  ten  largest  paint  manufacturers  account  for  almost  50%  of  total
production.  The  largest  number  of  small  manufacturing  enterprises  are  in  Southern
Europe.

Over  200  raw  material  suppliers  serve  the  European  paint  industry.  Multinational
chemical  companies  dominate  the  binder,  pigment  and  solvent  markets,  while  the
alkyd resin market includes a considerable number of small manufacturers.

Vehicle refinishing sector

The proposal also affects vehicle-refinishing plants. Plants with a  solvent  threshold
consumption  greater  than  500  kilos  per  year  are  already  covered  by  Council
Directive  1999/13/EC.  However,  since  the  adoption  of  that  Directive  it  has  been
recognised  that  this  sector  is  more  amenable  to  a  product-based  approach  to
achieving  emission  reductions  than  an  emission  limit  value  approach  requiring  the
use  of  pollution  abatement  equipment.  Consultations  with  industrial  stakeholders
indicate that this change in the regulatory regime (this proposal combined with repeal
of  the  relevant  provisions  of  Directive  99/13)  will  not  mean  that  investment  to
comply with Directive 1999/13/EC was wasted, as products with lower VOC content
have already been identified as the preferred route for compliance in this sector.

28

Czech Republic, Hungary, Poland, Slovenia, Slovakia and Turkey

12

                                                
This  proposal  could  affect  about  50  000  plants  in  the  Community,  many  with  less
than 5 employees. The proposal will also affect the product supply market, although
it appears to be well prepared for the proposal. Seven companies account for 90% of
the market, the other 10% being small and medium companies.

- What will businesses have to do to comply with the proposal?

Compliance costs

Products sold on the European Community market will have to respect the maximum
volatile organic compound content limit values set down in this proposal. This will
mean  new  equipment  costs  in  some  cases  (e.g.  paint  manufacturers  and  retailers.
Retailers  will  have  to  modify  or  change  their  mixing  machines),  research  and
development costs (e.g. in the resin industry), or the need to use alternative products
(e.g. for vehicle refinishing). These costs will be spread over  a number of  years, as
the timetable for compliance extends until 2010.

The  paint  market  will  remain  unchanged  in  terms  of  total  sales  volume,  but  it  is
uncertain whether there will take place a redistribution between "do it yourself" and
professionals. Retailers could increase or decrease their sales. For professional users
the impact will probably be related to different applicability of the new products.

Administrative burdens

Monitoring  and  reporting  are  necessary  for  the  successful  implementation  of  this
proposal. However, Member States will have some discretion in deciding how this is
done  at  the  outset.  The  Commission  will  monitor  progress  in  this  area  and  put
forward proposals for a more harmonised approach at a later stage, if appropriate.

- What economic effects is the proposal likely to have?

Decorative paint sector

In general, the estimated cost of emission reduction is about €500/ktonne abated. In
terms  of  consumption  the  paint  market  is  expected  to  remain  unchanged.  There
should  be  no  major  effects  for  the  paint  industry  although  there  will  be  costs  for
research, reformulation, and investment in stainless steel equipment, and the costs of
developing new resins. Paints will probably then be 1-1.5% more expensive for the
final  consumer.  The  industry  has  already  coped  with  a  major  shift  from  solvent-
borne to water- borne products and this proposal builds on that process.

Reduced  solvent  consumption  will  reduce  the  revenue  of  the  solvent  industry  by
about €65 million per year. However, this effect  is relatively modest in relation to the
economic strength of the companies involved, but fixed costs will have to be spread
over a decreased production volume in the absence of the development of substitute
products.

Paint retailers  and professional painters  may  fear that higher  prices might lead to a
decrease in sales. However, this is unlikely to happen, as the decision to commence a
painting job is not really influenced by the price of paint (material costs are only 15-
25%  of  the  total  cost).  Nevertheless,  some  retailers  will  need  to  adapt  their
equipment, and professional painters may have to adapt their working methods and
schedules to new products.

13

No  major  impact  on  employment  is  expected,  as  overall  market  demand  should
remain unchanged. However, there will be internal redistribution; decreasing demand
for solvent- borne products should be offset by increasing demand for water- borne
products.

While  the  proposal  should  not  have  much  effect  on  the  whole  production  chain,  it
could  have  a  real  impact  on  the  SME  sector  and  in  particular  those  reliant  on  the
production of only solvent-borne products. The need to invest, re-train and adapt will
be  all  the  greater  given  the  smaller  scale  of  their  operations.  However,  the
timeframes  proposed  should  allow  them  to  adapt,  since  the  extra  costs  should
ultimately be passed on at the retail stage.

- Does the  proposal contain measures to take  account of the  specific  situation  of
small and medium-sized firms?

The  transitional  periods  in  the  proposal  allow  for  the  differing  capacities  in  the
sectors concerned to respond to the new requirements in terms of technology and in
terms of financing. Solvent-borne paints will still be permitted for a large number of
applications, thus allowing for more gradual change than would be required if greater
emphasis were placed on water-based technologies.

The  content  limit  values  set  out  in  the  proposal  do  not  take  into  account  the  latest
developments  in  technology.  The  reason  for  not  applying  the  strictest  formulations
available on the market is to facilitate SMEs in making the changeover. In addition,
the proposal provides for a review of one of the VOC content limit values for 2010,
for which costs and benefits are not now sufficiently clear. The review shall take into
account the specificity of SMEs.

Views of Member States and stakeholders

There  was  widespread  consultation  of  industrial  stakeholders  during  preparation  of
the proposal lasting almost two years. In general they support further action to reduce
emissions of VOCs, but some doubt whether all of the values proposed for 2010 for
the  maximum  solvent  content  of  paints  are  currently  achievable  on  a  commercial
scale  (CEPE,29  ERMA30).  Industry  has  also  expressed  its  concerns  about  the  cost-
benefit analysis, that some factors have not been adequately taken into account, and
some costs underestimated. Others (ESIG31) question whether this sector is the most
cost-effective sector in which to legislate for VOC emission reductions. They wonder
whether  the  proposal  is  premature  and  suggest  that  it  might  be  preferable  to  await
further progress with the CAFE programme.

The  impact  of  the  proposal  on  SMEs  was  a  concern  of  some  representative
associations.  UNIEP,32  UEAPME,33  and  Union  Chimica–Confapi34  mentioned  the
difficulties of complying with the proposed legislation because of limited resources,

29

30

31

32

33

34

European Confederation of paint, printing, ink and artist's colours manufacturers association
European Resin Manufacturers Association
European Solvent Industry Group
Union Internationale des Entrepreneurs de Peinture
European Association of craft, small and medium-sized enterprises
Unione  nazionale  piccola  e  media  industria  chimica,  conciaria,  materie  plastiche,  gomma,  vetro,
ceramica e prodotti affini

14

                                                
absence  of  R&D  capacity  and  the  increased  impact  of  these  issues  due  to  their
smaller scale.

The  idea  of  moving  towards  a  product-based  approach  in  the  vehicle-refinishing
sector met with a positive response from industrial stakeholders.

Member  States  are  generally  supportive  of  the  proposal,  although  Italy  and  Spain
have expressed some reservations because of concerns regarding SMEs (in Italy) and
the increased regulatory burden (in Spain).

15

Table 1: Estimates of VOC emissions (2010) by sector (SNAP divisions)
Source: Estimates based on independent studies for the Commission

VOC emissions EU-15 (%) Estimates 2010

Solvent and other product use
Road transport
Production processes
Extraction and distribution of fossil
fuels/geothermal energy
Other mobile sources and machinery
Non-industrial combustion plants
Waste treatment and disposal
Combustion in energy and transformation
industries
Combustion in manufacturing industry

26%
22%
14%
12%

12%
8%
3%
2%

1%

Table 2: Estimated VOC emissions in 2010 by Member State

Austria
Belgium
Denmark
Finland
France
Germany
Greece
Ireland
Italy
Luxembourg
Netherlands
Portugal
Spain
Sweden
UK
EU-15

Commission's NEC
proposal
129
102
85
110
932
924
173
55
962
6
156
102
662
219
964
5581

NEC Directive

159
139
85
130
1050
995
261
55
1159
9
185
180
662
241
1200
6510

16

Table 3. Estimated abatement resulting from the proposal for 2010
Source: Commission Services' own estimation

Product Subcategory
a) Interior matt walls and ceilings
(Gloss <25@60°)
b) Interior glossy walls and ceilings
(Gloss >25@60°)
c) Exterior walls of mineral substrate

d) Interior/exterior trim and
cladding paints for wood and metal
e) Interior/exterior trim varnishes and
woodstains
f) Interior and exterior minimal build
woodstains
g) Primers

h) Binding primers

i) One-pack performance coatings

j) Two-pack reactive performance coatings
for specific end use such as floors
k) Multi-coloured coatings

l) Decorative effect coatings

Sub-total

Total

Limit  values
g/l
Phase I(2007)
55
350
150
350
60
450
130
250
140
500
150
700
50
450
50
750
140
600
140
550
150
400
300
500

WB
SB
WB
SB
WB
SB
WB
SB
WB
SB
WB
SB
WB
SB
WB
SB
WB
SB
WB
SB
WB
SB
WB
SB
WB
SB

Phase II(2010)

30
30
100
100
40
430
130
250
100
400
130
700
30
350
30
750
140
500
140
500
100
100
200
200

Estimated abatement

Ktons abated in 2010
85,5
34,6
18,5
34,5
27,8
4,3
3
35
2,9
17,1
0,6
0,6
1,7
0
1,2
0
0,3
1,2
1,6
0
0,6
3,8
1,3
3,8
145
135
280

Table 4: Costs and benefits of the proposed Directive in Member States in 2010
Source: "The costs and benefits of the reduction of volatile organic compounds from
paints" prepared by Directorate-General Environment, Air and Noise Unit, 2 May 2002

Total benefits(€m)

Costs (€m)

Benefits/costs (€m)

Benefits/costs (€m)

Austria
Belgium
Denmark
Finland
France
Germany
Greece
Ireland
Italy
Luxembourg
Netherlands
Portugal
Spain
Sweden
UK
Total

7,3
21,6
34,3
1,4
99,2
174
8,7
5,1
79,5
0,8
34,9
14,2
39,7
3,8
57,1
581,8

Optimistic
1,6
2,2
1,5
0,9
36,8
19,4
2,9
1,2
8,9
0,1
4,5
3
14,1
1,7
9,4
108,3

Pessimistic
2,8
6,1
14,5
1
2,3
5,7
1,9
2,6
5,7
5,9
4,8
3
1,8
1,4
3,8
3,7

Pessimistic Optimistic

Pessimistic Optimistic

5,7
19,3
32,8
0,5
62,4
154,6
5,8
3,9
70,7
0,7
30,4
11,3
25,7
2,1
47,7
473,5

4,7
18
31,9
0
55,4
143,2
4,1
3,2
65,5
0,7
27,7
9,5
17,4
1
42,2
424,6

4,5
9,6
23,1
1,6
2,7
9
3
4,2
9
9,3
7,7
4,8
2,8
2,2
6,1
5,4

2,6
3,6
2,4
1,5
43,8
30,8
4,7
2
14,1
0,1
7,2
4,7
22,4
2,8
14,9
157,2

17

2002/0301 (COD)

Proposal for a

DIRECTIVE 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 decorative paints and varnishes and vehicle refinishing products and
amending Directive 1999/13/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
95 thereof,

Having regard to the proposal from the Commission,35

Having regard to the opinion of the European Economic and Social Committee,36

Acting in accordance with the procedure laid down in Article 251 of the Treaty,37

Whereas:

(1)

(2)

(3)

35

36

37

38

The  Community  and  its  Member  States  are  parties  to  the  Gothenburg  Protocol  of
1 December 1999 to the United Nations Economic Commission for Europe (UNECE)
Convention  on  Long-Range  Transboundary  Air  Pollution,  which  aims  at  abating
acidification,  eutrophication  and  ground-level  ozone.  The  Gothenburg  Protocol  lays
down emission ceilings for volatile organic compounds (hereinafter: "VOCs"), as well
as limit values for emissions of VOCs from stationary sources.

VOCs are transported in the atmosphere over long distances and represent one of the
main sources of transboundary air pollution. In particular, as regards ozone in ambient
air,  VOCs  are  an  “ozone  precursor  substance”  within  the  meaning  of  Directive
2002/3/EC of the European Parliament and the Council of 12 February 2002 relating
to  ozone  ambient  air38,  which  calls  on  the  Commission  to  consider  whether  further
action  should  be  taken  at  Community  level  to  reduce  emissions  of  ozone  precursor
substances.

Since the objectives of the proposed action, namely reducing the emissions of VOCs,
cannot be sufficiently achieved by the Member States, since emissions of VOCs in one
Member State affect air quality in other Member States, and can therfore by reasons of
the  scale  and  effects  of  the  action,  be  better  achieved  at  Community  level,  the
Community  may  adopt  measures,  in  accordance  with  the  principle  of  subsidiarity  as

OJ C , , p. .
OJ C , , p. .
Opinion of the European Parliament of … (OJ …) , Council Common Position of … (OJ …).
OJ L 67, 9.3.2002, p. 14.

18

                                                
(4)

(5)

(6)

(7)

(8)

(9)

set out in Article 5 of the Treaty. In accordance with the principle of proportionality,
as set out in that Article, this Directive does not go beyond what is necessary in order
to achieve those objectives.

Directive 2001/81/EC of the European Parliament and the Council of 23 October 2001
on national emission ceilings for certain atmospheric pollutants39 sets national ceilings
for emissions of certain pollutants, including VOCs, to be attained by 2010 as part of
the Community's integrated strategy  to  combat  acidification  and  ground-level  ozone,
but  does  not  include  limit  values  for  emissions  of  those  pollutants  from  specific
sources.

Because of the characteristics of  organic solvents, their use in certain products gives
rise to emissions of organic compounds into the air, which contributes to the local and
transboundary  formation  of  photochemical  oxidants  in  the  boundary  layer  of  the
troposphere  and,  under  certain  exposure  conditions,  have  harmful  effects  on  human
health.

Emissions  of  VOCs  should  therefore  be  avoided  or  reduced,  especially  since
potentially less harmful substitutes are available or will soon be.

The use of organic solvents and the emissions of VOCs should be reduced as much as
technically and economically feasible.

A  high  level  of  environmental  protection  requires  the  setting  and  achievement  of
content limit values for VOCs used in certain categories of products.

For  the  product  subcategory  (d)  in  Annex  II  point  A  "interior/exterior  trim  and
cladding  paints  for  wood  and  metal"  the  balance  between  technical  feasibility  and
economic impact is not sufficiently clear  yet.  It is therefore, necessary to carry out a
further  study  in  order  to  determine  the  economic  and  technical  feasibility  of  an
improved maximum value in 2010 compared to the value set for 2007.

(10) Content  limit  values  need  to  be  monitored  in  order  to  determine  whether  the  mass
concentrations of VOCs found in each category of products covered by this Directive
are within the permitted limits.

(11) Council  Directive  1999/13/EC  of  11  March  1999  on  the  limitation  of  emissions  of
volatile organic compounds due to the use of organic solvents in certain activities and
installations40 should therefore be amended accordingly.

(12) National laws and provisions in this field need to be harmonised in order to ensure that

the free movement of the goods covered by this Directive is not restricted.

(13)

The Member States should lay down rules on penalties applicable to infringements of
the provisions of this Directive and ensure that they are implemented. Those penalties
must be effective, proportionate and dissuasive.

(14)

This Directive does not prejudice nor affect measures taken at Community or national
level to protect the health of workers and their working environment.

39

40

OJ L 309, 27.11.2001, p. 22.
OJ L 85, 29.3.1999, p. 1.

19

                                                
(15)

The measures necessary for the implementation of this Directive should be adopted in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers conferred on the Commission41

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose and scope

1.  The  purpose  of  this  Directive  is  to  prevent  or  reduce  the  direct  and  indirect  effects  of
emissions into the environment of VOCs due to the use of organic solvents in decorative
paints  and  varnishes  and  vehicle  refinishing  products,  and  the  potential  risks  to  human
health, by limiting the maximum content of VOCs.

2.  To the extent necessary for the achievement of the objective set out in paragraph 1, this
Directive shall approximate the technical specifications for decorative paints and vehicle
refinishing products.

3.  This Directive shall apply to the products set out in Annex I.

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.  VOC  content  limit  value  means  the  mass  of  volatile  organic  compounds,  expressed  in
terms  of  certain  specific  parameters,  such  as  concentration  expressed  in  g/l,  which  may
not be exceeded in the formulation of the product;

3.  substances  mean  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;

4.  organic compound means any compound containing at least the element carbon  and one
or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the
exception of carbon oxides and inorganic carbonates and bicarbonates;

5.  volatile  organic  compound  (VOC)  means  any  organic  compound  having  a  boiling  point

less than or equal to 250ºC measured at a standard pressure of 101.3 kPa;

6.  organic solvent means any VOC which is used alone or in combination with other agents,
and without undergoing a chemical change, to dissolve raw materials, products, or waste
materials,  or  is  used  as  a  cleaning  agent  to  dissolve  contaminants,  or  as  a  dispersion

41

OJ L 184, 17.7.1999, p. 23.

20

                                                
medium, or as a viscosity adjuster, or as a surface tension adjuster, or as a plasticiser, or as
a preservative;

7.  coating  means  any  preparation,  including  all  the  organic  solvents  or  preparations
containing organic solvents necessary for its proper application, which is used to provide a
decorative, protective or other functional effect on a surface;

8.  water- borne coatings (WB) means coatings, the viscosity of which is adjusted by the use

of water;

9.  solvent- borne coatings (SB) means coatings, the viscosity of which is adjusted by the use

of organic solvent;

Article 3

Requirements

Member  States  shall  ensure  that  only  products  set  out  in  Annex  I  with  a  VOC  content  not
exceeding the values set out in Annex II shall be placed on the market within their territory
after the dates laid down in that Annex.

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 indications required on the label shall be determined in accordance
with the procedure referred to in Article 12.

Article 5

Competent authority

1.  Member States shall take all necessary measures to ensure that the requirements of Article

3 and 4, and Annex II, are complied with.

2.  For  the  purposes  of  paragraph  1,  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 one year after the date referred to in Article 15.

Article 6

Monitoring

Member States shall set up a monitoring programme for the purpose of monitoring the VOC
content of the products set out in Annex I.

Member  States  shall  use  national  methods  of  determination  of  the  VOC  content  if  relevant
CEN or ISO methods are not available.

21

Article 7

Report

Member  States  shall  report  every  three  years,  by  the  30th  of  June  of  the  year  following  the
three  year  period  considered,  and  for  the  first  time  [30  June  200…],  the  results  of  the
monitoring  programme  to  demonstrate  compliance  with  the  Directive.  Annual  data  shall  be
made available to the Commission upon request. The Commission shall develop  a  common
format for the submission of monitoring data in accordance with the procedure referred to in
Article 12.

Article 8

Free circulation

Member  States  shall  not,  prohibit,  restrict  or  prevent  the  placing  on  the  market  of  products
which comply with the requirements of this Directive.

Article 9

Review

By 31 December 2006 at the latest, the Commission shall review the technical and economic
feasibility  of  applying  from  2010  a  content  limit  value  to  the  solvent-  borne  products  in
subcategory  (d)  of  Annex  II  pointA,  and  shall  make  a  proposal  to  the  European  Parliament
and Council for the value to be applied from 2010.

Article 10

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 provisions to the Commission
by  the  date  specified  in  Article  15  at  the  latest,  and  shall  notify  it  without  delay  of  any
subsequent amendment affecting them.

Article 11

Adaptation to technical progress

Any  amendments  necessary  in  order  to  adapt  the  Directive  to  take  account  of  technical
progress in the measuring methods  used to  determine  the  VOC  content  of  products  shall  be
adopted by the Commission in accordance with the regulatory procedure referred to in Article
12 (2).

22

Article 12

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.

3.  The Committee adopt its rules of procedure.

Article 13

Amendment to Directive 1999/13/EC

Directive 1999/13/EC shall be amended as follows:

1.  In section "vehicle refinishing" of Annex I, the first indent is deleted.

2.  In the first column of row 6 in Annex IIA, the words "and vehicle refinishing" are deleted.

Article 14

Transposition

1.  Member States shall  bring  into  force  the  laws,  regulations and  administrative provisions
necessary to comply with this Directive by […] at the latest, and 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

Entry into force of the Directive

This  Directive  shall  enter  into  force  on  the  twentieth  day  after  that  of  its  publication  in  the
Official Journal of the European Communities.

23

Article 16

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

24

ANNEX I

SCOPE

I.1.-Decorative paints and varnishes means products listed in the subcategories below. They
are  coatings  applied  to  buildings,  their  trim  and  fittings,  and  associated  structures  for
decorative,  functional  and  protective  purpose.  Products  used  in  the  coating  of  substrates  at
their original point of manufacture are excluded.

I.1.1.- Subcategories:

– 

– 

– 

– 

– 

– 

– 

– 

– 

a) Matt coatings for interior walls and ceilings means coatings designed
indoor  walls  and  ceilings  with  a  degree  of
for  application 
gloss <25@60º.

to 

b)  Glossy  coatings  for  interior  walls  and  ceilings  means  coatings
designed  for  application  to  indoor  walls  and  ceilings  with  a  degree  of
gloss >25@60º.

c)  Exterior  walls  of  mineral  substrate  means  coatings  designed  for
application to outdoor walls of masonry, brick or stucco.

d) Interior/exterior trim and cladding paints for wood and metal means
coatings designed for application to trim and cladding which produce an
opaque  film.  These  coatings  are  designed  either  for  a  wood  or  metal
substrate.  This  subcategory 
includes  opaque  woodstains.  Opaque
woodstains means coatings producing an opaque film for the decoration
and  protection  of  wood,  against  weathering,  as  defined  in  EN  927-1
within the semi-stable category.

e)  Interior/exterior  trim  varnishes  and  woodstains  means  coatings
designed  for  application  to  trim  which  produce  a  transparent  or  semi-
transparent  film  for  decoration  and  protection  of  wood,  metal  and
plastics.

f)  Minimal  build  woodstains  means  woodstains  which,  in  accordance
with EN 927 - 1:1996, have a mean thickness less than 5µm when tested
according to ISO 2808: 1997, method 5A.

g)  Primers  means  coatings  with  sealing  and/or  blocking  properties
designed for use on wood or walls and ceilings.

h) Binding primers means coatings designed to stabilise loose substrate
particles or impart hydrophobic properties and/or to protect wood against
blue stain.

i)  One-pack  performance  coatings  means  performance  coatings  based
on film-forming material. They are designed for applications requiring a
special  performance,  such  as  primer  and  top  coats  for  plastics,  primer
coat  for  ferrous  substrates,  primer  coat  for  reactive  metals  such  as  zinc
and aluminium, anticorrosion finishes, floor coatings, including for wood

25

– 

– 

– 

and  cement  floors,  graffiti  resistance,  flame  retardant,  and  hygiene
standards in the food or drink industry or health services.

j) Two-pack performance coatings means coatings with the same use as
one-performance  coatings,  but  with  a  second  component  (e.g.  tertiary
amines) added prior to application.

k) Multicoloured coatings means coatings designed to give a two-tone or
multiple-colour effect, directly from the primary application.

l)  Decorative  effect  coatings  means  coatings  designed  to  give  special
aesthetic  effects  over  specially  prepared  pre-painted  substrates  or  base
coats  and  subsequently  treated  with  various  tools  during  the  drying
period.

I.2.-  Vehicle  refinishing  products  means  products  used  to  coat  a  road  vehicle  or  part  of  it,
whether as part of a repair job, or to coat the vehicle with refinish-type materials, where this is
done away from the original manufacturing line.

I.2.1.- Subcategories:

– 

a)  Preparation  and  cleaning  means  products  designed  for  application,
either mechanically or chemically, to remove old coatings and rust or to
provide a key for new coatings.

– 

– 

– 

– 

Gunwash  means  a  cleaning  product  designed  for  use  with  spray-
guns  and  other  equipment.  It  includes  paint  strippers,  degreasers
(including anti-static types for plastic) and silicon removers.

Precleaner means  a cleaning product designed for  the  removal  of
surface  contamination  during  preparation  for  and  prior  to  the
application of coating materials.

b)  Filler  and  bodyfiller/stoppers  means  heavy-bodied  compounds
designed  to  be  sprayed  or  applied  by  knife  in  order  to  fill  deep  surface
imperfections prior to application of the paint system.

c)  Primer  means  any  coating  that  is  designed  for  application  to  bare
metal  or  existing  finishes  to  provide  corrosion  protection  prior  to
application of a primer surfacer.

– 

– 

Surfacer  means  any  coating  designed  for  application  prior  to  the
application  of  top  coat  for  the  purpose  of  corrosion  resistance,  to
ensure adhesion of the topcoat, and to promote the formation of a
uniform surface finish by filling in minor surface imperfections.

General metal primers means coatings designed for application as
primers, such as adhesion promoters, sealers, surfacers, undercoats,
plastic primers, wet-on-wet, non-sand fillers and spray fillers.

–  Wash primer means any coating containing at least 0.5% by weight
of  phosphoric  acid  designed  to  be  applied  directly  to  bare  metal
surfaces  to  provide  corrosion  resistance  and  adhesion.  It  includes

26

coatings  used  as  weldable  primers,  or  mordant  solutions
(galvanised and zinc).

– 

– 

d) Topcoat means any pigmented  coating that  is  designed  to be  applied
either  as  a  single-layer  or  as  a  multiple-layer  base  to  provide  gloss  and
durability.  It  includes  all  products  involved  such  as  base  coatings  and
clear coatings.

– 

– 

Base  coatings  means  pigmented  coatings  designed  to  provide
colour and any desired optical effects, but not the gloss or surface
resistance of the coating system.

Clear coating means a transparent coating designed to provide the
final gloss and resistance properties of the coating system.

e)  Special  finishes  means  coatings  designed  for  application  as  topcoats
requiring  special  properties,  such  as  metallic  or  pearl  effect,  in  a  single
layer,  high-performance  solid-colour  and  clear  coats,  (e.g.  anti-scratch
and  fluorinated  clear-  coat),  reflective  base  coat,  texture  finishes  (e.g.
hammer),  anti-slip,  under-body  sealers,  anti-chip  coatings  and  interior
finishes.

27

A. MAXIMUM VOC CONTENT LIMIT VALUES FOR DECORATIVE PAINTS AND
VARNISHES

ANNEX II

Product Subcategory

Type

a

b

c

d

e

f

g

h

i

j

k

l

Interior matt walls and ceilings
(Gloss <25@60º)
Interior glossy walls and
ceilings
(Gloss >25@60º)
Exterior walls of mineral
substrate
Interior/exterior trim and
cladding paints for wood and
metal
Interior/exterior trim varnishes
and woodstains, including
opaque woodstains
Interior and exterior minimal
build woodstains
Primers

Binding primers

One-pack performance
coatings
Two-pack reactive
performance coatings for
specific end use such as floors
Multi-coloured coatings

Decorative effect coatings

*g/l ready to use

WB
SB
WB
SB

WB
SB
WB
SB

WB
SB

WB
SB
WB
SB
WB
SB
WB
SB
WB
SB

WB
SB
WB
SB

Phase I (g/l*)
(from 1.1.2007)
75
400
150
400

Phase II (g/l*)
(from 1.1.2010)
30
30
100
100

75
450
150
300

150
500

150
700
50
450
50
750
140
600
140
550

150
400
300
500

40
430
130
-

100
400

130
700
30
350
30
750
140
500
140
500

100
100
200
200

B. MAXIMUM VOC CONTENT LIMIT VALUES FOR VEHICLE REFINISHING
PRODUCTS

Product Subcategory

Coatings

a

b
c

d
e

Preparation and cleaning

Bodyfillers/stoppers
Primers / Sealers / Surfacers /
Fillers
Topcoat
Special finishes

Gun wash
Pre-cleaner
All types
General (metal) primers
Wash primers
All types
All types

VOC g/l*
(1.1.2007)
850
200
250
540
780
420
840

*g/l of ready for use paint, discounting any water content of the coating

28