Environmental Protection Citation and commencement 1 These Regulations may be cited as the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 and come into force on 27th July 2012. Definitions 2 In these Regulations— “coating” means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to provide a film with decorative, protective or other functional effect on a surface; “organic compound” means any compound containing at least the element carbon and one or more of hydrogen, oxygen, sulphur, phosphorus, silicon, nitrogen, or a halogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates; “relevant product” has the meaning given by regulation 3(1); “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; “VOC content” means the mass of volatile organic compounds, expressed in grams/litre (g/l), in the 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 are not be considered part of the VOC content. Scope 3 1 Subject to paragraphs (2) and (3), these Regulations apply to the paints, varnishes and vehicle refinishing products as defined in Schedule 1 (“relevant products”). 2 These Regulations apply to relevant products that— a are to be used in any part of the United Kingdom, and b in Northern Ireland are to be used in a country or territory in the customs territory of the European Union. 3 These Regulations do not apply to products which are sold for exclusive use in an a solvent emission activity . 4 In this regulation— “ solvent emission activity ” means any activity falling within— Schedule 14 to the Environmental Permitting (England and Wales) Regulations 2016; Part 1 of Schedule 2 (solvent emission activities) to the Pollution Prevention and Control (Scotland) Regulations 2012 if it is operated above the solvent consumption threshold specified for that activity as set out in that Part; and section 7 of Part 1 of Schedule 1 to the Pollution Prevention and Control Regulations (Northern Ireland) 2003 . Limitations on marketing paints and varnishes and vehicle refinishing products 4 1 A person must not place on the market any relevant product unless that product— a has a VOC content not exceeding the limit value for that product set out in Schedule 2; and b carries a label in compliance with regulation 5. 2 In determining compliance with the VOC content limit values set out in Schedule 2, the analytical methods set out in Schedule 3 apply. 3 For relevant products to which solvents or other components containing solvents have to be added for the product to be ready for use, the limit values in Schedule 2 apply to the VOC content of the product in its ready for use condition. Labelling 5 1 A label referred to in regulation 4(1)(b) must indicate— a the sub-category of the product and the relevant VOC limit values, measured in g/l, as set out in Schedule 2; and b the maximum content of VOC in g/l of the product in a ready to use condition. 2 Paragraph (1) is without prejudice to any requirement in any other enactment that requires a relevant product to be marked or labelled. Enforcement 6 1 These regulations are enforced— a in England and Wales, by the local authority; b in Scotland— i by the local authority; ii by the Scottish Environment Protection Agency in relation to any point of use or productive process regulated by that agency under the Pollution Prevention and Control (Scotland) Regulations 2012 ; c in Northern Ireland, by the district council in accordance with the enforcement provisions set out in Schedule 4. 2 Where a local authority in England enforces these regulations, sections 108 and 110 of the Environment Act 1995 apply as if that local authority were an enforcing authority for the purposes of section 108. 3 In this regulation, “local authority” means— a in relation to England— i a county or a district council; ii a London borough council; iii the Common Council of the City of London; iv the Council of the Isles of Scilly; b in relation to Wales— i a county council; ii a county borough council; c in relation to Scotland, a unitary authority. Monitoring 7 The Secretary of State must establish and maintain a programme of monitoring for the purpose of verifying compliance with these Regulations. Offences 8 1 It is an offence to contravene regulation 4(1). 2 Where an offence under paragraph (1), which has been committed by a body corporate, is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that officer or person, as well as the body corporate, is liable to prosecution. 3 Where the affairs of a body corporate are managed by its members, paragraph (2) applies in relation to the acts or defaults of a member in connection with that member’s functions of management as if that member were a director of the body corporate. 4 Where an offence under paragraph (1) has been committed by a Scottish Partnership and has been committed with the consent or connivance of, or is attributable to the neglect of, a partner or a person who was purporting to act as such, that person as well as the partnership is guilty of the offence. 5 The maximum penalty on conviction for an offence under paragraph (1) is— a on summary conviction, a fine not exceeding the statutory maximum; or b on conviction on indictment, a fine. Review 9 1 Before the end of the review period, the Secretary of State must— a carry out a review of these Regulations; b set out the conclusions of the review in a report; and c publish the report. 2 The report must in particular— a set out the objectives intended to be achieved by the regulatory system established by these Regulations; b assess the extent to which those objectives are achieved; and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. 3 “Review period” means the period of five years beginning with the day on which these Regulations come into force. Revocations 10 The following regulations are revoked— a the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 ; b the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) (England) Regulations 2009 ; c the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) Regulations 2010 . Taylor of Holbeach Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs