Common Position (EC) No 17/2004 of 7 January 2004 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting 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 certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC
Date: 2004-01-07
Institutions: Council of the European Union
Subjects: environmental monitoring, industrial pollution, organic chemical, pollution control measures, solvent, substitute product

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 17/2004

adopted by the Council on 7 January 2004

with a view to adoption Directive 2004/. . ./EC of the European Parliament and of the Council of
. . . on the limitation of emissions of volatile organic compounds due to the use of organic solvents
in certain paints and varnishes and vehicle refinishing products and amending Directive
1999/13/EC

(2004/C 79 E/01)

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,

Having regard to the Opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1) Directive 2001/81/EC of the European Parliament and the
Council of 23 October 2001 on national emission ceilings
for certain atmospheric pollutants (3) sets national ceilings
for emissions of certain pollutants,
including volatile
organic compounds (hereinafter:
‘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.

(2)

In order to comply with the national ceiling for emissions
of VOCs, Member States have to target a number of
different categories of sources of these emissions.

(3) This Directive complements measures taken at national
level in order to ensure compliance with the ceiling for
emissions of VOCs.

(4)

In the absence of Community provisions, legislation in the
Member States imposing limit values for VOCs in certain
categories of products might differ. Such disparities,
together with the absence of such legislation in some
Member States, would be liable to create unnecessary
barriers to trade and distortion of competition within
the internal market.

(1) OJ C 220, 16.9.2003, p. 43.
(2) Opinion of the European Parliament of 25 September 2003 (not yet
published in the Official
Journal), Council Common Position of
7 January 2004 and Position of the European Parliament of . . .
(not yet published in the Official Journal).

(3) OJ L 309, 27.11.2001, p. 22.

(5) National laws and provisions which, for the purposes of
combating ground-level ozone, establish limit values for
the content of VOCs in the products covered by this
Directive therefore need to be harmonised in order to
ensure that they do not restrict the free movement of
these products.

(6) Since the objective of

cannot be

the proposed action, namely
sufficiently
reducing emissions of VOCs,
achieved by the Member States, because emissions of
VOCs in one Member State affect air quality in other
Member States and reductions of VOC emissions can
the
the scale and effects of
therefore, by reason of
action, be better achieved at Community level,
the
Community may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5 of the
Treaty. In accordance with the principle of proportionality,
this Directive does not go
as set out
beyond what
to achieve this
objective.

is necessary in order

in that Article,

(7) The VOC content of paints, varnishes and vehicle refin-
ishing products gives rise to significant emissions of VOCs
into the air, which contribute to the local and trans-
boundary formation of photochemical oxidants in the
boundary layer of the troposphere.

(8) The VOC content of certain paints and varnishes and
vehicle refinishing products should therefore be reduced
as much as is technically and economically feasible taking
into account climatic conditions.

(9) A high level of environmental protection requires the
for

setting and achievement of content
VOCs used in products covered by this Directive.

limit values

(10) Provision should be made for transitional measures for
this

requirements of

the

products produced before
Directive come into force.

(11) Member States should be able to grant individual licences
for the sale and purchase for specific purposes of products
in strictly limited quantities which do not comply with the
solvent limit values established by this Directive.

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(12) This Directive complements Community provisions on the

labelling of chemical substances and preparations.

Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (3),

for

(13) The protection of the health of consumers and/or workers
and the protection of the working environment should not
fall within the scope of this Directive, and measures taken
by Member States for these purposes should therefore not
be affected by this Directive.

(14) Content limit values need to be monitored in order to
determine whether
the mass concentrations of VOCs
found in each category of paints, varnishes and vehicle
refinishing products covered by this Directive are within
the permitted limits.

activities

are now regulated under

(15) As the VOC content of products used for certain vehicle
refinishing
this
Directive, 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
amended
accordingly.

installations (1)

should

and

be

(16) Member States should, nevertheless, be able to maintain or
introduce national measures for the control of emissions
from vehicle refinishing activities involving the coating of
road vehicles as defined in Council Directive 70/156/EEC
of 6 February 1970 on the approximation of the laws of
the Member States relating to the type-approval of motor
vehicles and their trailers (2), or part of them, carried out
as part of vehicle repair, conservation or decoration
outside of manufacturing installations.

(17) This Directive should not apply to products sold for
exclusive use in installations authorised according to
Directive 1999/13/EC where emission limiting measures
provide alternative means of achieving at least equivalent
VOC emission reductions.

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

the provisions of

(19) Member States should report to the Commission on the
experience gained in the application of this Directive.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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
formation of
from the
tropospheric ozone.

contribution of VOCs

to the

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.

This Directive shall apply to the products set out in

3.
Annex I.

This Directive does not prejudice or affect measures,
taken at Community or
the health of consumers and of

4.
including labelling requirements,
to protect
national
workers and their working environment.

level

Article 2

Definitions

For the purposes of this Directive, the following definitions
shall apply:

1.

2.

‘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;

any

‘Substances’ means
its
compounds, as they occur in the natural state or as
liquid or
produced by industry, whether
gaseous form;

in solid or

chemical

element

and

3.

‘Preparation’ means mixtures or solutions composed of
two or more substances;

(20) A review should be made both of the scope for reducing
the VOC content of products outside the scope of this
Directive and the possibility of further reducing the VOC
limit values already provided for.

4.

(21) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council

(1) OJ L 85, 29.3.1999, p. 1. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(2) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive
2004/3/EC of the European Parliament and of the Council (OJ L 49,
19.2.2004, p. 36).

‘Organic compound’ means any compound containing at
least the element carbon and one or more of hydrogen,
silicon, nitrogen, or a
oxygen,
and
carbon oxides
halogen, with the
inorganic carbonates and bicarbonates;

sulphur, phosphorus,

exception of

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;

(3) OJ L 184, 17.7.1999, p. 23.

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6.

7.

8.

9.

the mass of volatile organic
‘VOC content’ means
compounds, expressed in grams/litre (g/l),
in the formu-
lation 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;

For the purposes of restoration and maintenance of
3.
buildings and vintage vehicles designated by competent auth-
orities 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.

‘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;

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.

‘Coating’ means any preparation, including all the organic
solvents or preparations
solvents
necessary for its proper application, which is used to
provide a film with decorative, protective or other func-
tional effect on a surface;

containing organic

‘Film’ means a continuous
application of one or more coats to a substrate;

layer

resulting from the

10.

‘Water-borne coatings (WB)’ means coatings the viscosity
of which is adjusted by the use of water;

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 label
shall indicate:

(a) the subcategory of the product and the relevant VOC limit

values in g/l as referred to in Annex II;

11.

‘Solvent-borne coatings (SB)’ means coatings the viscosity
of which is adjusted by the use of organic solvent;

(b) the maximum content of VOC in g/l of the product in a

ready to use condition.

12.

‘Placing on the market’ means making available to third
parties, whether
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.

in exchange

Article 3

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.

Article 5

Competent authority

shall

States

Member
authority
designate
responsible for fulfilling the obligations laid down in this
Directive, and shall inform the Commission thereof not later
than . . . (*).

competent

a

Article 6

Monitoring

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

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.

Article 7

Reporting

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.

By way of derogation from paragraph 1, Member States
2.
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 auth-
orised installation according to Articles 3 and 4 of
that
Directive.

categories

the results of

and quantities of products

Member States shall report
the monitoring
programme to demonstrate compliance with the Directive
and the
licensed
two reports shall be
according to Article 3(3). The first
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.

(*) One year after the entry into force of this Directive.

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Article 8

Free circulation

Article 11

Adaptation to technical progress

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

Any amendments necessary in order to adapt Annex III to take
shall be adopted by the
account of
Commission in accordance with the procedure referred to in
Article 12(2).

technical progress

Article 9

Review

Article 12

Committee

The Commission is
Parliament and the Council:

invited to submit

to the European

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’.

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:

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.

(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;

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

(b) the possible

introduction of

II)
reduction in the VOC content of vehicle refinishing
products;

further

(phase

a

(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.

reports

These
proposals to amend this Directive.

shall be accompanied,

if appropriate, by

3.

The Committee shall adopt its rules of procedure.

Article 13

Amendment of Directive 1999/13/EC

1.

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

in Annex I,
following indent shall be deleted:

in the section entitled ‘Vehicle refinishing’, the

‘— 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 10

Penalties

Article 14

Transposition

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
. . . (*) at the latest, and shall notify it without delay of any
subsequent amendment affecting them.

(*) 18 months after the entry into force of this Directive.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by . . . (*) 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.

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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 16

Addressees

This Directive is addressed to the Member States.

Article 15

Entry into force of the Directive

. . .

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

For the European Parliament

For the Council

The President

The President

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ANNEX I

SCOPE

1.

For the purposes of this Directive, paints and varnishes means products listed in the subcategories below, excluding
aerosols. They are coatings applied to buildings, their trim and fittings, and associated structures for decorative,
functional and protective purpose.

1.1. Subcategories:

(a)

‘matt coatings for interior walls and ceilings’ means coatings designed for application to indoor walls and
ceilings with a degree of gloss £ 25@60 °;

(b) ‘glossy coatings for interior walls and ceilings’ means coatings designed for application to indoor walls and

ceilings with a degree of gloss > 25@60 °;

(c)

‘coatings for 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, metal or plastic’ means coatings designed for application to
trim and cladding which produce an opaque film. These coatings are designed for either a wood, metal or a
plastic substrate. This subcategory includes undercoats and intermediate coatings;

(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. 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;

(f)

‘minimal build woodstains’ means woodstains which,
thickness of less than 5 µm when tested according to ISO 2808: 1997, method 5A;

in accordance with EN 927-1:1996, have a mean

(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 topcoats for plastics, primer
coat for ferrous substrates, primer coat for reactive metals such as zinc and aluminium, anticorrosion finishes,
floor coatings, including for wood 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.

2.

For the purposes of this Directive, ‘vehicle refinishing products’ means products listed in the subcategories below.
They are used for 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.

2.1. Subcategories:

(a)

‘preparatory and cleaning’ means products designed to remove old coatings and rust, either mechanically or
chemically, or to provide a key for new coatings:

(i) preparatory products include gunwash (a product designed for cleaning spray-guns and other equipment),

paint strippers, degreasers (including anti-static types for plastic) and silicone removers;

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(ii) ‘precleaner’ means a cleaning product designed for the removal of surface contamination during preparation

for and prior to the application of coating materials;

(b) ‘Bodyfiller/stopper’ means heavy-bodied compounds designed to be applied to fill deep surface imperfections

prior to the application of the surfacer/filler;

(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:

(i) ‘surfacer/filler’ means a coating designed for application immediately prior to the application of topcoat 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;

(ii) ‘general metal primer’ means a coating designed for application as primers, such as adhesion promoters,

sealers, surfacers, undercoats, plastic primers, wet-on-wet, non-sand fillers and spray fillers;

(iii) ‘wash primer’ means coatings 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; coatings used as
weldable primers; and mordant solutions for galvanised and zinc surfaces;

(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:

(i) ‘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;

(ii) ‘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,
(e.g. anti-scratch
and fluorinated clear-coat), reflective base coat, texture finishes (e.g. hammer), anti-slip, under-body sealers,
anti-chip coatings, interior finishes; and aerosols.

in a single layer, high-performance solid-colour and clear coats,

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ANNEX II

A. MAXIMUM VOC CONTENT LIMIT VALUES FOR PAINTS AND VARNISHES

Product Subcategory

Type

Phase I
(g/l (1))
(from 1.1.2007)

Phase II
(g/l (1))
(from 1.1.2010)

(a)

(b)

(c)

(d)

(e)

(f)

Interior matt walls and
ceilings (Gloss £ 25@60 °)

Interior glossy walls and
ceilings (Gloss > 25@60 °)

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

(g)

Primers

(h)

Binding primers

(i)

(j)

One-pack performance
coatings

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

(k)

Multi-coloured coatings

(l)

Decorative effect coatings

(1) 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

75

400

150

400

75

450

150

400

150

500

150

700

50

450

50

750

140

600

140

550

150

400

300

500

30

30

100

100

40

430

130

300

130

400

130

700

30

350

30

750

140

500

140

500

100

100

200

200

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B. MAXIMUM VOC CONTENT LIMIT VALUES FOR VEHICLE REFINISHING PRODUCTS

Product Subcategory

Coatings

(a)

Preparatory and cleaning

(b)

(c)

(d)

(e)

Bodyfillers/stoppers

Primer

Topcoat

Special finishes

Preparatory

Pre-cleaner

All types

Surfacer/filler and general (metal) primer

Wash primer

All types

All types

VOC
g/l (1)
(1.1.2007)

850

200

250

540

780

420

840

(1) g/l of ready for use product. Except for subcategory (a) any water content of the product ready for use should be discounted.

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ANNEX III

METHODS REFERRED TO IN ARTICLE 3.1

Parameter

Unit

Test

Method

Date of publication

VOC content

VOC content where reactive
diluents are present

g/l

g/l

ISO 11890-2

ASTMD 2369

2002

2003

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 10 January 2003, the Commission presented its 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.

2. The European Parliament gave its Opinion on 25 September 2003.

The Economic and Social Committee adopted its Opinion on 18 June 2003.

3. On 7 Jannuary 2004, the Council adopted its common position in accordance with Article 251 of

the Treaty.

II. OBJECTIVE

The purpose of the Directive, based on Article 95 of the Treaty, is to harmonise national laws and
provisions which, for the purposes of environmental protection and limiting emissions, establish limit
values for the content of solvents containing volatile organic compounds (VOCs) in certain paints,
varnishes and vehicle refinishing products, in order to ensure that the free movement of these products
is not restricted.

VOCs are transported in the atmosphere over long distances and represent one of the main sources of
transboundary air pollution, being ozone precursors substances.

The proposed Directive will help Member States in complying with the requirements set out by the
National Emission Ceilings (NEC) Directive. According to the Commission, without further action, the
estimated VOC emissions would stand at 7.1 million tonnes per year in 2010, whereas the NEC
Directive commits Member States to a combined Community ceiling of 6.5 million tonnes per year
in 2010.

III. ANALYSIS OF THE COMMON POSITION

1. General

The Directive, which complements Directive 1999/13/EC on the limitation of VOC compounds due
to the use of organic solvents in certain activities and installations adopts a new product-based
approach for the reduction of VOC emissions. The scope covers paints and varnishes, applied to
buildings and associated structures for decorative, functional and protective purposes, as well as
vehicle refinishing products used for repair, conservation or decoration of vehicles outside of manu-
facturing installations.

The core of the proposal is contained in two tables in 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. The limits for vehicle refinishing products should be in place
by 1 January 2007. A 2-phase approach is suggested for the decorative paint market, with
increasingly tight specifications to be in place by 1 January 2007 and by 1 January 2010.

The proposal lays down requirements for labelling, as well as for monitoring and reporting.

The Commission has accepted the common position agreed by the Council.

2. European Parliament Amendments

In its Plenary vote on 25 September 2003 the EP adopted 40 amendments to the proposal.

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The Council:

(a)

introduced in the common position 26 amendments in full, in part or in principle as follows:

Amendments 1, 4 and 7 requesting the explicit reference to the products covered by the
Directive are taken up in recitals 7, 8 and 14 respectively.

Amendment 5 is partly taken up in recital 9, with an alternative wording.

Amendment 6 concerning old and treasured vehicles is taken up in principle by recital 11.

Amendment 84 deleting the reference to human health from Article 1 paragraph 1 is agreed by
Council.

Amendment 10 on national measures is covered in substance by Article 1 paragraph 4.

Amendment 11 on the definition of VOC content is covered in its entirety by the new version
of Article 2 paragraph 6. As a consequence, a clarification has also been added in Article 3
paragraph 1 third indent, related to products in their ready for use condition.

Amendment 13 is, in its first part, incorporated in Article 2 paragraph 7.

Amendment 14 on the definition of ‘coating’ is incorporated in Article 2 paragraph 8.

Amendment 16 on measures with a higher level of protection is covered in substance by the
new paragraph 4 of Article 1.

Amendment 19 introducing a derogation for certain vehicles can be found, in substance, in
Article 3 paragraph 3. Article 7 is modified accordingly.

Amendment 20 on labelling is partly taken up in Article 4, while recital 12 specifies that the
Directive complements Community provisions on the labelling of chemical substances and
it is recalled that Article 1 paragraph 4 on further
preparation. In this context, moreover,
Community or national measures also applies to labelling requirements.

Amendment 22 on historical buildings is covered, in essence, by Article 3 paragraph 3 and by
Article 7 on reporting.

Amendment 24 on testing methods can be found in Article 3 paragraph 1 second indent, in
connection with Annex III (new).

Amendment 25 requesting a Commission report on the reduction in ozone formation can be
found, in substance, in Article 9. However, the Council differentiates between certain specific
items to be reported in 2008 and others to be covered by a second report, to be prepared by the
Commission at a later stage.

Amendments 26 and 54 on measures to protect the health of workers are covered in principle
by Article 1 paragraph 4, in connection with the Article 8 as re-formulated by Council.

Amendments 46 and 48 on the VOC limit values for products in subcategory d) of Annex II A
are taken up in Article 9 paragraph 2 and in Annex II.A. The Council, however, postponed the
timing of the Commission review and sensibly broadened its scope.

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Amendment 31 on the definition of decorative paints and varnishes is accepted in part in Annex
I paragraph 1. As a result, aerosols are clearly excluded, while wood preservatives and high
performance protective coatings are covered in as far as they produce a film, as foreseen in
Annex I.1.1.

Amendment 32 on the definition of ‘matt coatings for interior walls and ceilings’ has been taken
in full and Annex II.A a) has been modified accordingly.

Amendment 33 is fully incorporated in Annex I.1.1. d).

Amendment 34 on the definition of vehicle refinishing products is taken up in part in Annex
I.2. However, the additional coverage of other activities (the original coating of road vehicles and
the coating of trailers) was not supported by the Council.

Amendment 35 on the definition of special finishes for vehicles has been taken on board only
with respect to the explicit inclusion of aerosols in Annex I.2.1 subcategory e). With respect to
the rest of the amendment, the Council did not feel that a complete re-formulation of this
subcategory was technically justified.

Amendment 36 is taken up in Annex II.A subcategory e).

(b) did not include 14 amendments (50, 2, 3, 8, 9, 15, 17, 18, 21, 23, 28, 29, 30, 37) in the common
position. The Council shares, with respect to these amendments, the position expressed by the
Commission.

In particular, the Council:

— did not broaden the aims and the scope of the Directive, as suggested by amendments 50, 2,

3, 21, 23, and privileged a limited approach in this respect and at this stage;

— considered, with respect to amendments 8, 28, 29 and 30 on vehicle refinishing, that
emissions from activities such as the original coating of road vehicles and the coating of
trailers were already duly covered by Directive 1999/13/EC on the limitation of volatile
organic compounds due to the use of organic solvents in certain activities and installations;

— preferred not to take up amendments 9, 15, 17 and 18 because these refer to elements
already covered by the text of the common position (9, 15) or by the treaty (18) or by
secondary legislation (17);

— considered that

the lower limit value foreseen by amendment 37 was not sufficiently

justified.

3. Major innovations introduced by the Council

The Council decided to delete the term ‘decorative’ from the title and from Article 1 (purpose and
scope) of the Directive. This term was considered too limited, keeping in mind that paints and
varnishes covered by the Directive are defined in Annex I.1 as coatings being applied for decorative,
functional and protective purposes.

The relationship between the provisions of the Directive, aimed at reducing air pollution, and other
Community or national measures aimed at the protection of human health was clarified in Article 1
paragraph 4.

The definitions of ‘preparation’,
definition of ‘VOC content’ was also revised.

‘film’ and ‘placing on the market’ were added in Article 2. The

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Several changes were made to Article 3 on Requirements. These concern, among others, the addition
of:

— a reference to Annex III

(new),

listing the analytical methods to be used for determining

compliance with the Directive;

— specifications as regards the products used exclusively in registered or authorised installations
according to Directive 1999/13/EC, where pollution abatement equipment is used (to avoid
repetitions, the last sentence of Annex I.1 on the definition of paints and varnishes was deleted);

— provisions in respect to existing stocks (Article 3 paragraph 4).

The timing of the first two reports to be prepared by Member States, as foreseen in Article 7 (and in
connection with Article 9 on the Commission's review) has been linked to the dates established in
Annex II for the application of the VOC limit values (1.1.2007 and 1.1.2010). Afterwards, the
reports will be prepared every five years.

Article 9 on the Commission's review has been entirely reformulated in the Council's common
position. According to this Article, the Commission is invited to present to the European Parliament
and to the Council two reports, accompanied, if appropriate, by proposals to amend the Directive.
Paragraphs 1 and 2 of Article 9 contain a list of elements which the Commission is requested to
examine. The first report should be prepared in 2008 while the second one, based on the experience
gained in applying the Directive, is foreseen in 2012 (i.e. at the latest 30 months after the date of
implementation of the VOC content limit values of Annex II phase II).

In Annex I, part 2.1 a) defining preparatory and cleaning products for vehicle refinishing the first
indent (gunwash) has been reworded to include clearly all preparatory products.

The analytical methods to be used for determining compliance with the VOC limit values of the
Directive are now explicitly listed in Annex III (new) to be adapted, if necessary, by the Commission
in accordance with a regulatory committee procedure.

Finally, the recitals have undergone some additions and changes, consequent to the new elements of
the common position.

IV. CONCLUSION

The Council considers that its common position, which incorporates the amendments mentioned in
III.2.a, takes largely into account the Opinion of the European Parliament in first reading. It represents a
first but important step in a product-oriented approach to reduce VOC emissions, foreseeing some time
for industry to adapt, as the timetable for compliance extends until 2010. In addition, the common
position provides for two successive Commission reviews, accompanied as appropriate by proposals to
amend the Directive.