251 tal-2010 - Regolamenti tal-2010 li jemendaw ir-Regolamenti dwar il-Limitazzjoni ta’ Emissjonijiet ta’ Komposti Organiċi Volatili (Żebgħa, Verniċi u Prodotti ta’ Rifinitura tal-Vetturi)

L.N. 251 of 2010

ENVIRONMENT PROTECTION ACT

(CAP. 435)

PRODUCT SAFETY ACT

(CAP. 427)

Limitation of Emissions of Volatile Organic Compounds

(Paints, Varnishes and Vehicle Refinishing Products)

(Amendment) Regulations, 2010

BY VIRTUE of the powers conferred by articles 9 and

10(2) of the Environment Protection Act, and by article 38 of the

Product Safety Act, the Prime Minister has made the following

regulations:-

The title of these regulations is the Limitation of Citation.

Emissions of Volatile Organic Compounds (Paints, Varnishes and

Vehicle Refinishing Products) (Amendment) Regulations, 2010,

and they shall be read and construed as one with the Limitation

of Emissions of Volatile Organic Compounds (Paints, Varnishes

and Vehicle Refinishing Products) Regulations, 2006 hereinafter L.N. 78 of 2006.

referred to as “the principal regulations”.

Regulation 2 of the principal regulations shall be

amended as follows

(a) immediately after the definition “film” there shall

be added the following new definition

“ “fitting” means any article which is fixed or

attached to any wall, ceiling, floor or roof of a building

and any associated structures but which can be removed

once the owner leaves;”;

(b) immediately after the new definition “fitting” there

shall be added the following new definition

“ “fixture” means any article which is fixed or

attached to any wall, ceiling, floor or roof of a building

and any associated structures and which is considered

legally to be part of the building and normally remains

in place once the owner moves;”;

(c) immediately after the definition “organic solvent”

there shall be added the following new definition

“ “paint and varnishes” means coatings applied

to walls, ceilings, floors and roofs of buildings and

associated structures as well as trims, fittings and

fixtures, for decorative, functional and protective

purposes and excluding aerosols;”;

(d) immediately after the definition “substances” there

shall be added the following new definition

“ “trim” means any additional decoration, typically

along edges of any wall, ceiling, floor or roof of a

building and any associated structures and which is made

from a contrasting material or which has a contrasting

colour;”; and

(e) immediately after the new definition “trim” there

shall be added the following new definition

“ “vehicle refinish products” means products used

for the coating of road vehicles as defined in the Motor

Vehicles (EC Type Approval) Regulations, or part of

them, carried out as part of vehicle repair, conservation

or decoration outside of manufacturing installations;”.

For subregulation (1) of regulation 3 of the principal

regulations there shall be substituted with the following

“(1) After the dates laid down in Schedule II of these

regulations, the placing on the market (including by any act

to offer, expose, advertise or keep for sale and supply by

way of compensation or otherwise) and, or use of the paints,

varnishes and vehicle refinishing products within the scope

of these regulations, as per Annex I of these regulations is

prohibited unless their VOC content is less or equal to (≤) the

limit values set out in Schedule II of these regulations and

unless the product is compliant with the labeling requirement

in regulation 4 of these regulations.”.

For the second proviso to regulation 9 of the principal

regulations, this shall be substituted with the following

“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 including

the environmentally sound disposal and, or destruction of the

non-compliant products, and as a result of the said offence,

the revocation of the permit issued by the Police and the

confiscation of the corpus delicti.”.

Schedule I to the principal regulations shall be amended Amends Schedule

as follows

(a) for paragraph 1 thereof, there shall be substituted

the following

“ 1. Irrespective of the label which might be

attached to the container of the product, products will

be considered as being paints and varnishes within

the scope of these regulations if at least one of their

intended uses is described by product subcategories a)

to l) in paragraph 1.1 thereof. Only those paints and

varnishes covered by the derogations in regulation 3 of

these regulations are excluded from compliance with

these regulations.”; and

(b) for paragraph 2 thereof, there shall be substituted

the following

“2. Irrespective of the label which might be

attached to the container of the product, products will

be considered as being vehicle refinish products within

the scope of these regulations if at least one of their

intended uses is described by product subcategories

a) to e) in paragraph 2.1 thereof. Only those vehicle

refinishing products covered by the derogations in

regulation 3 of these are excluded from compliance with

these regulations.”.

€0.37