Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the Commission proposal for a Directive of the European Parliament and of the Council on the limitation of emissions of volatile organic compounds (VOCs) due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC (COM(2002)750 final (2002/0301 (COD))
Date: 2004-01-12
Institutions: European Commission
Subjects: EU environmental policy, air quality, motor vehicle industry, organic chemical, painting, pollution control measures, solvent

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.1.2004
COM(2004) 16 final

2002/0301 (COD)

COMMUNICATION FROM THE COMMISSION
TO THE EUROPEAN PARLIAMENT

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty

concerning the

common position of the Council on the Commission proposal for a Directive of the
European Parliament and of the Council on the limitation of emissions of volatile
organic compounds (VOCs) due to the use of organic solvents in certain paints and
varnishes and vehicle refinishing products and amending Directive 1999/13/EC
(COM(2002)750 final (2002/0301 (COD))

EN

  EN

COMMUNICATION FROM THE COMMISSION
TO THE EUROPEAN PARLIAMENT

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty

concerning the

common position of the Council on the Commission proposal for a Directive of the
European Parliament and of the Council on the limitation of emissions of volatile
organic compounds (VOCs) due to the use of organic solvents in certain paints and
varnishes and vehicle refinishing products and amending Directive 1999/13/EC
(COM(2002)750 final (2002/0301 (COD))

1. 

BACKGROUND

Date of transmission of the proposal to the EP and the Council
(document COM(2002)750 final – 2002/0301(COD)):

23.12.2002

Date  of  the  opinion  of  the  European  Economic  and  Social
Committee:

18.06.2003

Date of the opinion of the European Parliament, first reading:

25.09.2003

Date of adoption of the common position (unanimity):

07.01.2004

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL

The  purpose  of  the  Commission  proposal,  which  is  based  on  Article  95  of  the  Treaty,  is  to
limit  the  emissions  of  solvents  containing  volatile  organic  compounds  (VOCs)  in  certain
paints, varnishes and vehicle refinishing products.

The proposal also aims to amend Directive 1999/13/EC by deleting certain vehicle refinishing
actives from the scope of Dir. 99/13/EC, as the VOC content of the special products used for
these vehicle refinishing activities are proposed to be regulated by limit values laid down in
this  proposal.  This  entails  an  administrative  and  technical  simplification  for  this  sector,
predominantly consisting of relatively small entreprises.

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

The proposed Directive will help Member States in complying with the requirements set out
by  the  National  Emission  Ceilings  (NEC)  Directive.  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.

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3. 

COMMENTS ON THE COMMON POSITION

3.1. 

General

At  its  plenary  session  of  23  September  2003,  the  European  Parliament  adopted  40
amendments to the Commission proposal, out of the 83 amendments that were tabled. Out of
the  40  amendments  adopted,  the  Commission  accepted  16  either  in  full,  or  in  part  or  in
principle.

Out of the 40 amendments adopted by Parliament, the Council incorporated 26 amendments
in full, in part or in principle. Further to these amendments from Parliament, the Council also
introduced a number of own, new amendments to the Commission’s proposal.

The Commission supports the Common Position.

3.2. 

Detailed comments

3.2.1.  Amendments accepted by the Commission and incorporated in full or in part in the

Common position

Amendments  4,  6,  10,  11,  13,  14,  16,  19,  20,  22,  26,  32,  33,  34,  54  and  84  have  been
incorporated in full or in part in the Common Position.

Amendment  4  requesting  an  explicit  reference  to  the  products  covered  by  the  Directive  is
incorporated in part in recitals 7 and 8.

Amendment 6 concerning the need for allowing special paints etc. for the maintenance of old
and treasures vehicles is in principle incorporated in recital 11.

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

Amendment  10  clarifying  that  the  Directive  does  not  preclude  or  prejudice  national  or
Community measures for the protection of the health of workers or consumers 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 2. 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 6 while the second part
is covered by the new version of Article 2 paragraph 2 and by Annex I.2 1 a) first indent.

Amendment 14 on the definition of "coating" is incorporated in Article 2 paragraph 7.

Amendment  16  emphasizing  that  the  Directive  does  not  prejudice  nor  affect  National  or
Community measures for the protection of health of workers and their working environment
with a higher level of protection is covered in substance by the new paragraph 4 of Article 1.

Amendment 19 pointing to the need allow the sales in limited quantities of products, which
do not comply with the VOC limit values, for the repair of vintage vehicles can be found, in
substance, in Article 3 paragraph 3. Article 7 is modified accordingly.

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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
preparation.  In  this  context,  moreover,  it  is  recalled  that  Article  1  paragraph  4  on  further
Community or national measures also applies to labelling requirements.

Amendment  22  allowing  Member  States  to  grant  derogations  for  special  paints  for  the
restoration and maintenance of building of special historical value is covered, in essence, by
Article 3 paragraph 3 and by Article 7 on reporting.

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.

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.

3.2.2.  New provisions introduced by Council

Additional to the abovementioned 16 amendments voted by  Parliament and accepted by  the
Commission,  the  Council  to  a  greater  or  lesser  degree  integrated  parts  or  principles  of  ten
amendments:  1,  5,  7,  25,  31,  35,  36,  46,  48  and  54,  which  were  initially  rejected  by  the
Commission.

Further Council decided to make changes to

The title and Article 1 by deleting the term “decorative” used to specify the paints covered
by the Directive. The term “decorative paints” did not correspond to common usage in some
member  states  and  were  perceived  as  being  to  restrictive.  The  sub-categories  of  products
covered by the Directive are exhaustively listed in Annex I.

Article  2  by  adding  definitions  of  “preparation”,  “film”  and  “placing  on  the  market”.  The
definition of “VOC content” was also revised.

Article 3 by including:

(cid:1)  A  reference  to  the  new  Annex  III,  listing  the  analytical  methods  to  be  used  for

determining compliance with the Directive;

(cid:1)  A derogation for 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);

(cid:1)  A transitional arrangement in respect to existing stocks (Article 3 paragraph 4).

Article 7 The deadlines for the first two reports on the implementation  of  the  Directive has
been fixed to 18 months after the dates for compliance with limit values laid down in Annex

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II, i.e.: 1 January 2007 and 1.January 2010. The following 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).

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

Annex III (new) lists the analytical methods to be used for determining compliance with the
VOC  limit  values  of  the  Directive.  These  methods  are  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.

4. 

CONCLUSION

The Commission supports the Common Position.

In  particular  the  Commission  welcomes  the  clarification  of  the  purpose  and  scope  of  the
Directive.  The  Commission  is  confident  that  this  clarification  adequately  responds  to  the
political  concerns  expressed  by  both  Parliament  and  Council  concerning  protection  of  the
health of workers and consumers.

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