REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Report on the implementation of Directive 2004/42/EC 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: 2013-10-16
Institutions: European Commission
Subjects: atmospheric pollutant, environmental standard, labelling, marketing standard, organic chemical, paints and varnishes, solvent, vehicle













EUR-Lex - 52013DC0704 - EN











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52013DC0704

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Report on the implementation of Directive 2004/42/EC 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 /* COM/2013/0704 final */









REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT AND THE COUNCIL
Report on the
implementation of Directive 2004/42/EC 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
1.           Introduction
Directive 2004/42/EC of the European Parliament
and the Council ("the Paints Directive") limits emissions of volatile
organic compounds ("VOC") due to the use of organic solvents in
certain paints, varnishes and vehicle refinishing products. 
The Paints Directive aims to prevent or reduce
air pollution resulting from the contribution of VOC to the formation of
ground-level ozone[1]
and secondary particulate matter. It complements measures to be taken at
national level in order to ensure compliance with the VOC emission ceilings as
set out in Directive 2001/81/EC on national emission ceilings for certain
atmospheric pollutants ("the NEC Directive"). The products it covers
are paints and varnishes applied to buildings, their trim and fittings and
associated structures for decorative, functional and protective reasons, as
well as products for vehicle refinishing[2].

The Paints Directive requires that the products
falling under its scope and placed on the market after 1 January 2007 have a
VOC content not exceeding the limit values set out in its Annex II. Stricter
(Phase II) VOC limit values have applied since 1 January 2010 for paints and varnishes.
The Paints Directive also requires the labelling of products to indicate their
VOC content and thus help inform consumer choice. Member States must set up a
monitoring programme to verify compliance with the VOC limits and labelling
requirements, with regular reporting to the Commission on the results thereof. 
This is the Commission's second report to the
European Parliament and to the Council providing an overview of the
implementation of the Paints Directive by Member States. The first report[3] was adopted in 2011. The
on-going review of the Thematic Strategy on Air Pollution (TSAP)[4] includes a holistic assessment
of VOC emission sources and possible cost-effective reduction measures.
Therefore, no separate review of the Paints Directive has been undertaken. 
As a supplementary action at a European level, it
should be noted there are now 'Ecolabels' for indoor and outdoor paints and varnishes[5]. These Ecolabels require, inter
alia, stricter voluntary limitations of the VOC content of products, thus leading
to further reductions in VOC emissions by more informed consumer product selection.

2.           Implementation
2.1.        Introduction
Article 7 of the Paints Directive requires
Member States to report to the Commission the results of their monitoring
programme to demonstrate compliance with the requirements of the Directive. It
also requires Member States to report on the category and quantity of products
licensed according to Article 3(3) of the Paints Directive. 
Member States had to submit their second reports,
covering the year 2010, by 1 July 2012 in view of the
more stringent Phase II VOC limits (Annex II to the Paints Directive) that applied
for paints and varnishes from 1 January 2010. To
promote consistent reporting by Member States, a common format was developed
and adopted by the Commission[6].

Implementation reports have been received from all
27 Member States. These reports, and their subsequent assessment, are available
via the Commission's website[7].

This report, summarising the main findings of
the assessment of information received from Member States, focuses on two
facets of implementation of the Paints Directive; namely:
·      what monitoring programmes have been established to check the requirements
of the Paints Directive i.e. actions principally undertaken by Member State competent authorities;
·      how well Member States comply with the technical requirements of the
Paints Directive i.e. the implementing actions taken by the manufacturers,
importers, wholesalers and retailers of paints and varnishes.
2.2.        Monitoring
programmes
The information for 2010, as provided by Member
States, demonstrates that the monitoring of compliance with VOC content limits
(Annex II) and labelling requirements (Article 4) has progressed, or remained
at least at the same level, as in 2007. 
Member States have a variety of approaches to
monitoring compliance. These may involve physical checks (e.g. sampling and
analysis of paint products; visual inspection of labels) and/or a more remote
auditing approach with checks on the documentation submitted by producers. In
some cases, the more onerous process of inspecting / sampling is only
undertaken if triggered by auditing observations. To promote more effective
monitoring, some Member States indicated consideration of alternative approaches
to compliance verification e.g. requiring manufacturers to complete a
questionnaire which is returned with product samples; self-certification
schemes. 
Although individual Member States showed big
variations, the total number of inspections of premises carried out in
2010 across the EU-27 was significant, with some 4,700 inspections for checking
the VOC content of products and/or their labelling. Inspections covered all
actors involved in placing products on the market, i.e. the manufacture,
import, wholesale and retail of paints and varnishes. At an individual Member State level, the number of reported inspections ranged from zero (three Member
States) to 830. 
Again with big variations at a Member State level, a large number of paint and varnish samples were analysed for VOC
content with over 19,000 analyses in the EU-27 in 2010. Four Member States
analysed over 1,000 samples (the largest number was 11,800) but five Member
States undertook no analyses. The paint and varnish products sold by retailers
were most often analysed (accounting for 41% of samples). 
The number of checks on product labels,
either by visual inspection or by other methods, was in the order of 121,000
across the EU-27 in 2010, although again with big Member State differences. At
an individual Member State level, the number of checks ranged from zero (five
Member States) to 78,000. The paint and varnish products sold by wholesalers
were most often checked for label conformity (41% of all checks). 
Those Member States which reported zero, or
very low levels, of monitoring in 2010 cited a number of reasons. Many Member
States were hampered by a lack of resources, particularly financial. This has
been countered in some Member State competent authorities by the use of
prioritisation tools (e.g. monitoring is targeted at specific products) and /
or information campaigns (to increase awareness of the Paints Directive and
improve compliance). There were also issues with a shortage of certified
laboratory capacity for the analysis of product samples. 
2.3.        Compliance
with VOC limits and labelling requirements
VOC limits
Annex IIA to the Paints Directive defines two
sets of limit values for the maximum content of VOCs in paint products and
varnishes (in gram per litre of product that is 'ready for use'). The 'Phase I
limit values' applied from 1 January 2007. Stricter, 'Phase II VOC limit
values, came into force on 1 January 2010. Therefore products that in 2010 were
found to be non-compliant with the 'Phase I' limits were also simultaneously non-compliant
with the 'Phase II' limits. For vehicle refinishing products, the VOC limit
values in Annex IIB to the Paints Directive applied from 1 January 2007 and have
not been modified since. 
For the Phase I VOC limits the overall
compliance rate was relatively high at 98.7% (259 non-compliant samples out of a
total of 19,525). The highest proportion of non-compliant samples was found
among wholesalers (2.5% of samples were non-compliant) and importers (2.4% of
samples were non-compliant).
For the stricter Phase II VOC limits the
overall compliance rate was, again, relatively high at 97.46% (500
non-compliant samples). The highest proportion of non-compliant samples was
found among importers (6% of samples were non-compliant).
These high levels of compliance indicate that,
where they are checked, the VOC limits are generally followed across the EU-27
although there remain opportunities for moving the compliance closer to 100%. Overall
compliance levels are similar to those reported for the year 2007. 
Labelling requirements
Out of some 121,000 samples checked for labels
in 2010, 94.2% were found to be compliant. The highest rate of non-compliance
was amongst importers. Differences in the numbers of samples / labels analysed
mean that it is not possible to properly compare non-compliance levels between
Member States. 
The reasons for non-compliance are not evident
from the data provided in the Member States’ reports. Although compliance
levels appear to have improved considerably since the year 2007, when breaches
of the labelling requirements were around 20%, there is scope for improved
compliance checking, especially in those Member States where monitoring is not
currently undertaken.
Non-compliant products 
In most cases, Member States which detected
non-compliance with the VOC content limits or labelling requirements also
provided information on the sub-categories of the non-compliant products
according to Annex I of the Paints Directive. 
Most non-compliance with both the VOC content
limits and, at the same time the labelling requirements, related to category
1.1d products ('Interior/exterior trim and cladding paints for wood, metal or
plastic'). Three more categories of products were reported as non-compliant
with both the requirements of VOC content limits and labelling; namely
categories 1.1a 'matt coatings for interior walls and ceilings', 1.1e
'interior/exterior trim varnishes and woodstains' and 1.1i. 'one-pack
performance coatings'. 
A larger number of sub-categories reported
non-compliance with the labelling requirements, compared to the VOC limits: in
all but two sub-categories among paints and varnishes and in all sub-categories
of vehicle refinishing product. 
Actions to ensure compliance 
The most common sanction taken by Member States
in the case of non-compliance with the VOC content limits was withdrawal of
products from the market, as required by the Paints Directive. 
In response to a breach of the labelling
requirements, Member States most commonly requested operators to correct the
mistake within a certain period of time in order to avoid prosecution or
financial penalties. 
Prosecutions were only mentioned by one Member State and this same Member State requests operators to drive changes through their
supply chain. 
Some Member States reported that, instead of
penalising operators for non-compliance, they constructively advised operators
on the requirements of the Paints Directive and the changes required to ensure
compliance. 
3.           Conclusion
and outlook
The information received from Member States under
Article 7 of the Paints Directive shows that, as of 2010, most Member States had
established monitoring to check the compliance of paint and varnish products
that are placed on the market. However, there remain a small number of deficient
Member States that had still not established adequate monitoring programmes. 
In those Member States that undertake
monitoring, there is a big range of monitoring frequency. These Member States
show a generally good compliance with the VOC limit values prescribed by the Paints
Directive, with the highest share of non-compliance generally found in imported
paints. However, there appears to be a need for better enforcement of the
labelling requirements. 
The Member States that are lagging behind are
urged to rapidly take the necessary measures to fully implement the obligations
regarding monitoring programmes.
The Commission will closely monitor progress on
these issues and will continue to assist Member States in further improving
their level of performance, both through various supporting activities and
appropriate enforcement action.
Member States are therefore recommended to continue
their efforts in targeting monitoring and enforcement where it is most
effective and efficient in reducing the placing on the market of non-compliant paint
and varnish products. 
[1]               Ozone is formed through the reaction of VOC, nitrogen
oxides and carbon monoxide in the presence of sunlight
[2]               'vehicle refinishing products' are defined as the
products listed in the subcategories in Annex II(B) of the Paints Directive.
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.
[3]               COM(2011)297 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0297:FIN:EN:PDF 
[4]               Communication from the Commission to the Council and
the European Parliament: Thematic Strategy on air pollution (COM(2005) 446 final),
21.09.2005
[5]               Commission Decision 2009/543/EC establishing the
ecological criteria for the award of the Community eco-label to outdoor paints
and varnishes, and Commission Decision 2009/544/EC establishing the ecological
criteria for the award of the Community eco-label to indoor paints and
varnishes.
[6]               Commission Decision 2010/693/EU of 22 July 2010 (OJ L
301, 18.11.2010, p. 4)
[7]               https://circabc.europa.eu/w/browse/d8915eeb-0b2f-4d22-824e-1d4b5d969e14