Directive 2004/42/CE of the European Parliament and of the Council of 21 April 2004 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: 2004-04-21
Institutions: Council of the European Union, European Parliament
Subjects: air quality, atmospheric pollutant, environmental standard, labelling, marketing standard, organic chemical, paints and varnishes

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Official Journal of the European Union

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DIRECTIVE 2004/42/CE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 April 2004

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

EUROPEAN

THE
COUNCIL OF THE EUROPEAN UNION,

PARLIAMENT AND THE

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

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
distortion of
and
to trade
competition within the internal market.

barriers

Having regard to the proposal from the Commission,

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

(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.

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

(6)

Whereas:

(1)

(2)

(3)

(4)

for

certain atmospheric pollutants (3)

Directive 2001/81/EC of the European Parliament and
the Council of 23 October 2001 on national emission
ceilings
sets
national ceilings for emissions of certain pollutants,
(hereinafter:
including
‘VOCs'),
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.

to be attained by 2010 as part of

volatile organic

compounds

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

sources of

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

In the absence of Community provisions, legislation in
the Member States imposing limit values for VOCs in

(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 (OJ C 79 E, 30.3.2004, p. 1), and Position of the
European Parliament of 30 March 2004 (not yet published in the
Official Journal).

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

Since the objective of
the proposed action, namely
reducing emissions of VOCs, cannot be sufficiently
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
therefore, by reason of
the scale and effects of
the
action, be better achieved at Community level,
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, as set out in that Article, this Directive
is necessary in order to
does not go beyond what
achieve this objective.

The VOC content of paints, varnishes and vehicle
refinishing products gives rise to significant emissions of
VOCs into the air, which contribute to the local and
transboundary formation of photochemical oxidants in
the boundary layer of the troposphere.

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.

A high level of environmental protection requires the
setting and achievement of content
limit values for
VOCs used in products covered by this Directive.

(7)

(8)

(9)

(10)

Provision should be made for transitional measures for
this
products produced before the requirements of
Directive come into force.

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(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.

(18)

The Member States should lay down rules on penalties
applicable to infringements of
this
Directive and ensure that they are implemented. Those
penalties
and
dissuasive.

the provisions of

proportionate

effective,

should

be

(12)

This Directive complements Community provisions on
the labelling of chemical substances and preparations.

(19) Member States should report to the Commission on the

experience gained in the application of this Directive.

(13)

(14)

the health of consumers and/or
The protection of
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.

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.

(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.

(21)

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 Commission (3),

(15) As the VOC content of products used for certain vehicle
refinishing activities are now regulated under
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
amended
activities
accordingly.

and installations (1)

should be

for

introduce national measures

(16) Member States should, nevertheless, be able to maintain
the control of
or
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
least
equivalent VOC emission reductions.

alternative means of

achieving

at

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose and scope

The purpose of this Directive is to limit the total content
1.
of VOCs in certain paints and varnishes and vehicle refinishing
products in order to prevent or reduce air pollution resulting
from the
formation of
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

3.
Annex I.

in

(1) OJ L 85, 29.3.1999, p. 1. Directive as 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
(OJ
2004/3/EC of the European Parliament and of the Council
L 49, 19.2.2004, p. 36).

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

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

level

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

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Article 2

Definitions

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

10. ‘Water-borne coatings (WB)' means coatings the viscosity

of which is adjusted by the use of water;

11. ‘Solvent-borne coatings (SB)' means coatings the viscosity

of which is adjusted by the use of organic solvent;

‘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;

12. ‘Placing on the market' means making available to third
for payment or not.
parties, whether
Importation into the Community customs territory shall be
deemed to be placing on the market for the purposes of
this Directive.

in exchange

1.

2.

means

any chemical

and its
element
‘Substances'
compounds, as they occur
in the natural state or as
produced by industry, whether in solid or liquid or gaseous
form;

3.

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

4.

5.

6.

7.

8.

9.

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

sulphur, phosphorus,

‘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;

grams/litre

the mass of volatile organic
‘VOC content' means
compounds,
the
in
expressed
formulation 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;

(g/l),

in

‘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;

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

containing organic

a

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

layer

resulting from the

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.

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.

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.

2.
By way of derogation from paragraph 1, Member States
shall exempt from compliance with the above requirements
products sold for exclusive use in an activity covered by
in a registered or
Directive 1999/13/EC and carried out
authorised installation according to Articles 3 and 4 of that
Directive.

the purposes of restoration and maintenance of
3.
For
buildings
and vintage vehicles designated by competent
authorities 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.

Products falling under the scope of this Directive which
4.
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.

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Article 4

Labelling

in their ready for use condition, comply with the

which,
requirements of this Directive.

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;

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

ready to use condition.

Article 5

Competent authority

shall

States

authority
designate
Member
responsible for fulfilling the obligations laid down in this
Directive, and shall inform the Commission thereof not later
than 30 April 2005.

competent

a

Article 6

Monitoring

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

Article 7

Reporting

the results of

Member States shall report
the monitoring
programme to demonstrate compliance with the Directive and
the categories and quantities of products licensed according to
Article 3(3). The first two reports shall be submitted to the
Commission 18 months after the dates for compliance with
the VOC content
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.

limit values

Article 9

Review

The Commission is
Parliament and the Council:

invited to submit

to the European

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:

(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;

(b) the possible introduction of a further

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

(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

Article 10

Penalties

Article 8

Free circulation

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

Member States shall lay down the rules on penalties applicable
to infringements of the national provisions adopted pursuant
take the necessary measures to
to this Directive and shall
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 30
October 2005 at the latest, and shall notify it without delay of
any subsequent amendment affecting them.

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Article 11

Adaptation to technical progress

Article 14

Transposition

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

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 30 October 2005 at
the latest, and shall
immediately inform the Commission thereof.

Article 12

Committee

The Commission shall be assisted by the committee
1.
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.

those provisions,

they shall
When Member States adopt
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.

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

Article 15

3.

The Committee shall adopt its rules of procedure.

Entry into force of the Directive

Article 13

Amendment of Directive 1999/13/EC

1.

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

This Directive shall enter
publication in the Official Journal of the European Union.

into force on the day of

its

Article 16

Addressees

in Annex I,
following indent shall be deleted:

in the section entitled ‘Vehicle refinishing', the

This Directive is addressed to the Member States.

‘— the coating of

road vehicles as defined in Directive
70/156/EEC, or part of them, carried out as part of vehicle
repair,
of
conservation
manufacturing installations, or'.

decoration

outside

or

Done at Strasbourg, 21 April 2004.

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.

For the European Parliament

For the Council

The President

P. COX

The President

D. ROCHE

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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)

b)

c)

d)

e)

f)

g)

‘matt coatings for interior walls and ceilings' means coatings designed for application to indoor walls and
ceilings with a degree of gloss ˜ 25@60°.

‘glossy coatings for interior walls and ceilings' means coatings designed for application to indoor walls and
ceilings with a degree of gloss > 25@60o.

‘coatings for exterior walls of mineral substrate' means coatings designed for application to outdoor walls
of masonry, brick or stucco;

‘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;

‘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;

‘minimal build woodstains' means woodstains which, in accordance with EN 927-1:1996, have a mean
thickness of less than 5µm when tested according to ISO 2808: 1997, method 5A;

‘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)

j)

k)

l)

‘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;

‘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;

‘multicoloured coatings' means coatings designed to give a two-tone or multiple-colour effect, directly from
the primary application;

‘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.

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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;

(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)

c)

‘Bodyfiller/stopper' means heavy-bodied compounds designed to be applied to fill deep surface
imperfections prior to the application of the surfacer/filler;

‘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)

(ii)

‘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, interior finishes; and aerosols.

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ANNEX II

A. MAXIMUM VOC CONTENT LIMIT VALUES FOR PAINTS AND VARNISHES

Product Subcategory

Type

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

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

a

b

c

d

e

f

g

h

i

j

k

l

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

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

WB

SB

WB

SB

WB

SB

WB

SB

WB

SB

WB

SB

WB

SB

WB

SB

WB

SB

WB

SB

WB

SB

WB

SB

(*) g/l ready to use

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

Preparatory and cleaning

Preparatory

Bodyfiller/stopper

Primer

Topcoat

Special finishes

Pre-cleaner

All types

Surfacer/filler and general (metal)
primer

Wash primer

All types

All types

a

b

c

d

e

VOC g/l (*)
(1.1.2007)

850

200

250

540

780

420

840

(*) 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

VOC content

VOC content where reactive diluents
are present

Unit

g/l

g/l

Test

Method

Date of publication

ISO 11890-2

ASTMD 2369

2002

2003