Opinion of the European Economic and Social Committee on the "Proposal for a Directive of the European Parliament and 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" (COM(2002) 750 final — 2002/0301 (COD))
Date: 2003-06-18
Institutions: European Economic and Social Committee
Subjects: air quality, environmental protection, health control, health policy, paints and varnishes, pollution control measures, solvent, stratospheric pollution

16.9.2003

EN

Official Journal of the European Union

C 220/43

The EESC stresses that, above all, the public wants
information on bathing water

4.2.
clear, rapid and frequent
quality.

4.3.
Finally, given the great diversity of bathing areas
throughout the European Union, the EESC urges respect for
the principle of subsidiarity, which is the key to good
governance in Europe.

Brussels, 19 June 2003.

The President

of the European Economic and Social Committee

Roger BRIESCH

Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the
European Parliament and 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’

(COM(2002) 750 final — 2002/0301 (COD))

(2003/C 220/10)

On 23 January 2003, the Council decided to consult the European Economic and Social Committee,
under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for
preparing the Committee’s work on the subjects, adopted its opinion on 26 May 2003. The rapporteur
was Mr Sears.

At its 400th plenary session of 18 and 19 June 2003 (meeting of 18 June), the European Economic and
Social Committee adopted the following opinion by 73 votes, with one abstention.

1.

Introduction

2. Summary of the Commission’s proposal

Air quality over Europe continues to improve. Between
1.1.
1990 and 1998 sulphur emissions (SOx) fell by 41 %, nitrogen
oxides (NOx) by 21 %, and non-methane volatile organic
compounds (NMVOCs) by 24 %. Current priorities are to limit
emissions of particulates and of ozone precursors (NOx and
VOCs).

The core of the proposal is contained in two tables in
2.1.
Annex II, setting limits on VOCs in g/l of ready-for-use paint
in 12 groups of products used as decorative paints and
varnishes, and 5 groups of products used in vehicle refinishing.
New vehicle refinishing products should be fully reformulated
and in use by the end of 2006. A 2-phase approach is
suggested for the more complex decorative paint market, with
increasingly tight specifications to be in place by the end of
2006 and 2009.

1.2.
Existing legislation should ensure a 50 % reduction in
man-made VOC emissions in 2010, compared to a 1990
baseline, i.e., a reduction from 14 to 7,1 million tonnes over
20 years. A product-based approach is required to help close
the gap between this and the 6,5 million tonnes of annual
VOC emissions envisaged in the National Emissions Ceiling
Directive.

2.2.
A study (Decopaint 2000) suggested two options, one
close to a proposal from paint and resin producers, and a
second, used here, that has the effect of removing from the
market virtually all solvent-borne paints for internal or external

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Official Journal of the European Union

16.9.2003

use. The difference for emissions between the two proposals is
however small. The industry proposal would take the reduction
in VOCs from the 1990 baseline from 50 % to 52 %. The
Commission’s proposal takes this to 52,1 %.

3.3.
Because of this, there is concern that the true costs
may be as much as five times these levels, with major impacts
on smaller paint and resin manufacturers who will be unable
to re-invest in water compatible equipment or be able to afford
to develop or buy in the required new technology.

If

2.3.
the new limits can be achieved, annual VOC
emissions will be reduced by a further 280 thousand tonnes
from decorative paints (50 % of the sector’s VOCs emissions)
and by 15 thousand tonnes from vehicle refinishing. Costs and
job losses will be incurred, however estimated benefits by
2010 should be EUR 580 million per year v. costs estimated
from EUR 108 to EUR 157 million per year.

3.4.
For consumers, it should be noted that the proposal
will have the effect of removing from the market all solvent-
borne paints for walls and interior trim (doors, skirting boards
and windows) and from most external applications. Water-
borne alternatives do exist for some of these, but market
penetration so far has been low, with some products being
withdrawn after failing to meet consumer needs with respect
to colour, durability and surface characteristics.

3. General comments

3.1.
The EESC strongly supports the continuing efforts by
the Commission and Member States to improve air quality
over Europe as concerns the current proposal. However, some
minor changes are required before the proposal can be
satisfactorily applied. The proposal leaves certain targets blank
or sets them at levels at which production is impossible with
existing or forecast technology. The Commission intends to
propose the missing number(s) based on data not yet available,
for review by the EESC and EP during 2007, to allow new
products to be available for use by the end of 2009. This
seems too short a time to allow for the development, testing
and marketing of new formulations and to ensure the free
movement of goods in a single market.

Assumed benefits to human health need to be re-
3.5.
examined. Despite the major cuts in VOC and NOx emissions
already achieved, ozone concentrations continue to rise. At
best there has been some moderation of peak levels, which
will have had some effect on acute health problems, but not
on chronic health problems or damage to materials or crops.
If other mechanisms are at work, these need to be identified or
more cost effective ways found to reduce emissions of VOCs
and NOx.

4. Specific comments

4.1.
The EESC last commented on this topic in May 1997.
The Committee broadly supported the proposal but questioned
whether an overall assessment of measures on air quality had
been made and whether these proposals were justified in cost-
benefit terms, in particular with regard to social costs. The
same comments seem appropriate today.

3.2.
The problem for manufacturers and users alike arises
from the presence of water in the paint or resin, not the
absence of VOCs. Water can cause rust and rot during all
stages of manufacture and use and has fixed physical properties
of freezing point, evaporation rate and solvating power. These
limit its use as a solvent under conditions when VOC-based
products could still be used. Water-borne paints require VOCs
to be present, to help dissolve the resins and other components,
and to provide controlled drying times, strong adhesion and
sound surfaces for long-term protection. Below certain limits
of VOC, existing resins (alkyds) can no longer be used, hence
there has to be a switch to water-borne paints based on other
resins (acrylics). At this point costs mount sharply, with only
a small reduction of less than 20 thousand tonnes in VOCs
emitted.

4.2.
The EESC is pleased to note that the CAFE programme
(Clean Air for Europe) will take up the first point, and, to assist
the second, will develop a new database for cost-benefit
analyses of air quality related issues. Two statements in the
service contract for this database are particularly welcomed:

— ‘the methodology applied in the cost-benefit analysis

needs to be transparent’

— ‘the findings must be of high quality and sufficiently
robust so that European stakeholders can accept the
outcomes of the analyses with confidence for the con-
siderations in the policy department’.

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Official Journal of the European Union

C 220/45

The EESC notes that there are weaknesses in the
4.3.
current proposal
in this respect. The assumptions in the
Decopaint study that there are linear relationships between
VOC emissions, ozone formation and costs incurred are
known to be incorrect and can lead to measures that do not
protect human health.

4.4.
The BeTa database used to quantify external costs and
benefits carries specific warnings that it should not be used in
the case of ozone formation, due to the complexities of the
reactions involved. This point is echoed in recent Member
State government studies.

4.5.
The EESC does not share the views expressed in the
Decopaint study that small companies can be allowed to fail
without other measures being considered, especially when
they are concentrated in areas of the EU already subject to
high levels of unemployment, or that consumers should be
forced to buy products that they have already rejected as being
unsuited to their needs.

4.6.
The EESC is concerned to note that there has been no
consideration of the needs of the ‘heritage’ sector where public
and private buildings require protective and decorative paints
to match those previously used. These are frequently subject
to government or local authority specification, with the market
served by a limited number of SMEs. These would be forced
out of business by the current proposals. Similar concerns
have been expressed with regard to the need for continuing
supplies of appropriate ‘traditional’ paints for the restoration
of ‘vintage’ cars and other collectible items.

The EESC does not accept that alkyd resins for use in
4.7.
solvent-borne paints should be made redundant in favour of
alternative products yet to be invented. That this also means
abandoning natural oils as raw materials in favour of new
petroleum-based chemicals is contrary to wishes expressed
elsewhere. The tonnages involved are significant, with around
200 000 tonnes of soy oil used in alkyd resins.

The omission of one limit,

4.8.
is
of particular concern, and the proposed timeline for its
identification is unrealistic against market needs. To remedy
this, the EESC urges the Commission to return to the limits
proposed by CEPE on behalf of its members and their suppliers.

for decorative trim,

4.8.1.
Specifically, the limit values in Annex II for solvent-
borne (SB) paints in subcategory d for phases I and II should
be shown as 400 and 300 g/l respectively. No changes are
required in this category for water-borne (WB) paints.

4.8.2. Minor additional changes,
for phase II only, are
proposed for subcategory c, for solvent-borne paints, 450 g/l;

subcategory g, for water-borne paints, 50 g/l; subcategory h,
for water-borne paints, 50 g/l; and for subcategory i, for
solvent-borne paints, 600 g/l.

4.8.3.
According to Commission figures, the above changes
would result in a shortfall of 14 thousand tonnes of VOC
emissions against the current proposal (i.e. 0,1 % of the 1990
base line VOC emissions of 14 million tonnes as noted in
points 1.2 and 2.2 above).

4.8.4.
The EESC therefore encourages the Commission to
re-open discussions with paint manufacturers to identify cost-
effective ways to make good this shortfall by 2010.

4.9.
There are a number of errors in the description of
products and sectors that need to be corrected if the Directive
is to be applied effectively and uniformly. Given that these
definitions must meet market needs through to at
least
2010, re-drafting would benefit regulators, manufacturers and
consumers alike. If the proposed amendments to limit values
for solvent-borne paints in category (d) are accepted, then no
further
review is necessary in 2006, and consequently,
recital (9) and article 9 can be deleted.

4.10.
In the particular case of vehicle refinishing, this sector
is now subject to two Directives covering similar ground.
Bringing the sector entirely under the provisions of the current
proposal, with definitions and wording to match, would be
the preferred course.

The EESC notes that if the above changes are made,
4.11.
together with a small change to the VOC content of trim wood
stains, then concerns over employment in certain Member
States also largely vanish, with minimal
impact on VOC
emissions.

4.11.1.
Specifically, the limit values in Annex II for water-
borne (WB) and solvent-borne (SB) paints in subcategory e for
phases I and II should be shown as 150 g/l and 130 g/l, and
550 and 450 g/l, respectively.

4.11.2.
The EESC does not believe that any other changes
are required to the limit values proposed in Annex II, i.e. 46 of
the 55 limit values proposed should remain unchanged.

4.12.
The EESC agrees that a notional baseline valuation of
a human life is essential for the estimation of costs and benefits
and for the setting of priorities for action, and believes that
this number should be transparent to all those involved in the
regulatory process and used uniformly across all internal and
external studies.

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4.13.
Finally the EESC wishes to reaffirm its support for a
knowledge-based approach to legislation and encourages the
Commission to strengthen the collection of relevant data
across Member States. These should include primary indicators
of public health and crop damage to ensure that measures

taken are having the desired effect. The progress of individual
Member States to meeting their target emission reductions
under existing legislation should also be carefully monitored
and reported.

Brussels, 18 June 2003.

The President

of the European Economic and Social Committee

Roger BRIESCH

Opinion of the European Economic and Social Committee on the ‘Communication from the
Commission concerning the introduction of a European health-insurance card’

(COM(2003) 73 final)

(2003/C 220/11)

On 17 February 2003 the Commission decided to consult the European Economic and Social Committee,
under Article 262 of the Treaty establishing the European Community, on the above-mentioned
communication.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 28 May 2003. The rapporteur was Mr Dantin.

At its 400th plenary session of 18 and 19 June 2003 (meeting of 18 June), the Economic and Social
Committee adopted the following opinion by 79 votes to one with three abstentions.

1. Summary

Great care will have be taken to protect personal data

1.4.
in Phases 2 and 3, especially the latter.

1.1.
The Committee welcomes the creation of a health-
insurance card. The facilities which the initiative will provide
will contribute significantly to free movement,
thereby
strengthening European citizenship.

2.

Introduction

1.2.
The longer term objective must be to introduce a single
card performing both national and European functions. In
order to prevent unexpected expiry of cards, they should be
automatically renewed by the issuing body provided the
entitlements remain valid or, as a default option, they should
have a period of validity equivalent to that of the national
cards where these exist.

2.1.
On 14 June 1971 the European Economic Community
adopted Regulation (EEC) No 1408/71 on the application of
social security schemes to employed persons and their families
moving within the Community, which organises the coordi-
nation of statutory health-insurance systems (1).

At its 59th plenary session in January 1967,

2.2.
the
Economic and Social Committee adopted an opinion (2) con-
cerning the regulation, and a number of comments were made
on the text presented.

1.3.
The visual design of the card must be ‘Europeanised’ so
that it symbolises European citizenship and strengthens a
feeling of belonging to the European Union, in exactly the
same way as the ‘European passport’ and the euro.

(1) OJ L 149, 5.7.1971.
(2) OJ C 64, 5.4.1967.