78 tal-2006 - Regolamenti tal-2006 dwar Limitazzjoni ta’ Emissjonijiet ta’ Komposti Organiċi Volatili (Żebgħa, Verniċi u Prodotti ta’ Rifinitura tal-Vetturi)

L.N. 78 of 2006

ENVIRONMENT PROTECTION ACT

(CAP. 435)

PRODUCT SAFETY ACT

(CAP. 427)

Limitation of Emissions of Volatile Organic Compounds (Paints,

Varnishes and Vehicle Refinishing Products) Regulations, 2006

BY VIRTUE of the powers conferred by articles 3, 9 and 28 of the

Environment Protection Act, 2001, and by article 38 of the Product

Safety Act, 2001, the Minister for Rural Affairs and the Environment

and the Minister for Competitiveness and Communications, have made

the following regulations>–

(1) The title of these regulations is the Limitation of

Emissions of Volatile Organic Compounds (Paints, Varnishes and

Vehicle Refinishing Products) Regulations, 2006.

(2) These regulations shall come into force on such date as

the Minister responsible for the environment may by notice in the Gazette

appoint, and different dates may be so appointed for different provisions

and different purposes of these regulations.

(3) A notice under sub-regulation (2) of this regulation may

make such transitional provisions as appear to the Minister to be

necessary or expedient in connection with the provisions thereby brought

into force.

(4) The purpose of these regulations 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 from the

contribution of VOCs to the formation of tropospheric ozone.

(5) These regulations shall apply to the products set out in

Annex I.

For the purpose of these regulations and unless the context

otherwise requires>–

“coating” means any preparation, including all the organic

solvents or preparations 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<

“the competent authority” means the authority or authorities

or bodies appointed by the Minister by notice in the Gazette<

“film” means a continuous layer resulting from the

application of one or more coats to a substrate<

“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<

“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<

“placing on the market” means making available to third

parties, whether in exchange for payment or not. Importation into

the Community customs territory shall be deemed to be placing

on the market for the purposes of these regulations<

“preparation” means mixtures or solutions composed of two

or more substances<

“solvent-borne coatings (SB)” means coatings the viscosity

of which is adjusted by the use of organic solvent<

“substances” means any chemical element and its

compounds, as they occur in the natural state or as produced by

industry, whether in solid or liquid or gaseous form<

“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 shall not be considered

part of the VOC content<

“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<

“water-borne coatings (WB)” means coatings the viscosity

of which is adjusted by the use of water.

(1) The competent authority shall ensure that the products

set out in Annex I are placed on the market 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 regulation 4 hereof.

(2) 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.

(3) 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.

(4) By way of derogation from sub-regulation (1), products

sold for exclusive use in an activity covered by the Limitation of

Emissions of Volatile Organic Compounds Regulations, 2001, and

carried out in a registered or authorised installation according to

regulations 3 and 4 of the said regulations shall be exempt from

compliance with the above-mentioned requirements.

(5) For the purposes of restoration and maintenance of

buildings and vintage vehicles designated by competent authorities as

being of particular historical and cultural value, the competent authority

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.

(6) Products falling under the scope of these regulations

which are shown to be produced before the dates laid down in Annex II

and do not fulfill the requirements of sub-regulation 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.

(1) The competent authority 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.

The competent authority shall set up a monitoring programme

for the purpose of verifying compliance with these regulations.

The placing on the market of products falling under the scope Free circulation.

of these regulations and which, in their ready to use condition, comply

with the requirements of these regulations shall not be prohibited,

restricted or prevented on grounds dealt with in these regulations.

Any person shall be guilty of an offence under these regulations Offences under

these regulations.

if>–

(a) he fails to comply with any order lawfully given in terms

of any provision of these regulations< or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations< or

(c) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling or

procurement to contravene the provisions of these regulations or

to fail to comply with any such provisions, including any order

lawfully given in terms of any of the provision of these regulations,

or to contravene any restriction, prohibition or requirement imposed

by or under the said regulations.

Any person who commits an offence against these regulations Penalties.

shall, on conviction, be liable>–

(a) on a first conviction to a fine (multa) of not less than

five hundred liri but not exceeding one thousand liri<

(b) on a second or subsequent convictions, to a fine (multa)

of not less than one thousand liri, but not exceeding two thousand

liri or to imprisonment for a term not exceeding two years, or to

both such fine and imprisonment<

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of vehicle,

the owner of the said vehicle, where applicable, is held liable in

the same manner and degree<

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the public entities

and, or other persons acting on their behalf involved in the

implementation of these regulations and restitution of the

environment as a result of the said offence, the revocation of the

permit issued by the Police and the confiscation of the corpus

delicti.

(1) The provisions of section 23 and subsection (1) of section

30 of the Criminal Code shall, mutatis mutandis, apply to proceedings,

in respect of offences against these regulations, so however that the

disqualification from holding or obtaining a licence, permit or authority

shall in no case be for less than one year.

(2) Notwithstanding the provisions of section 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be taken before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure before

the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code,

the Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of Magistrates

(Malta) or the Court of Magistrates (Gozo) in respect of proceedings

for any offence against these regulations.

ANNEX I

SCOPE

1. For the purposes of these regulations, 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.

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, in accordance with

EN 927-1:1996, have a mean thickness of less than 5µm when tested

according to ISO 2808: 1997, method 5A;

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;

‘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 these regulations, ‘vehicle refinishing products' means

products listed in the subcategories blow. They are used for the coating of road

vehicles as defined in the Motor Vehicle (EC Type Approval) Requirements,2002

(L.N. 95 of 2002), or part of them, carried out as part of vehicle repair, conservation

or decoration outside of manufacturing installations.

Subcategories

‘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;

‘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;

‘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;

‘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.

ANNEX II

A. MAXIMUM VOC CONTENT LIMIT VALUES FOR PAINTS AND

VARNISHES

Product Subcategory

Type

Phase I (g/l (*))

Phase II (g/l (*))

(from 1.1.2007)

(from 1.1.2010)

a

Interior matt walls and

WB

ceilings (Gloss < 25 @

60º)

SB

b

Interior glossy walls and

WB

ceilings (Gloss > 25 @

60º)

SB

c

Exterior walls of mineral

WB

substrate

SB

d

Interior/exterior trim and

WB

cladding paints for wood

and metal

SB

e

Interior/exterior trim

WB

varnishes and woodstains,

including opaque

SB

woodstains

f

Interior and exterior

WB

minimal build woodstains

SB

g

Primers

WB

SB

h

Binding Primers

WB

SB

i

One-pack performance

WB

coatings

SB

j

Two-pack reactive

WB

performance coatings for

specific end use such as

SB

floors

k

Multi-coloured coatings

WB

SB

l

Decorative effect coatings

WB

SB

(*) g/l ready use

B. MAXIMUM VOC CONTENT LIMIT VALUES FOR VEHICLE

REFINISHING PRODUCTS

Product Subcategory

Coatings

VOC g/l (*)

(1.1.2007)

a

Preparatory and cleaning

Preparatory

Pre-cleaner

b

Bodyfiller/stopper

All types

c

Primer

Surfacer/filler and general

(metal) primer

Wash primer

d

Topcoat

All types

e

Special Finishes

All types

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

ANNEX III

METHODS REFERRED TO IN REGULATION 3.2

Parameter

Unit

Test

Method

Date of publication

VOC content

g/l

ISO 11890-2

VOC content

g/l

ASTM D 2369

where reactive

diluents are present

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press