MT
152 tal-2012
Table of Provisions (14)
Statutory Text (14 Articles)
L.N. 152 of 2012
PRODUCT SAFETY ACT
(CAP. 427)
ENVIRONMENT AND DEVELOPMENT PLANNING ACT
(CAP. 504)
Limitation of Emissions of Volatile Organic Compounds (Paints,
Varnishes and Vehicle Refinishing Products) Regulations, 2012
BY virtue of the powers conferred by article 38 of the Product
Safety Act, and by articles 2, 61, 64 and 66 of the Environment and
Development Planning Act, the Minister for Fair Competition, Small
Business and Consumers and the Minister for Tourism, Culture and
the Environment 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, 2012.
(2) These regulations provide for the implementation of
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 as amended.
(3) 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.
(4) These regulations shall apply to the products set out in
Schedule I.
A. MAXIMUM VOC CONTENT LIMIT VALUES FOR PAINTS
AND VARNISHES
Phase II g/l (*)
Product Sub-category
Type
a
Interior matt walls and ceilings (Gloss <
WB
25 @ 60º)
SB
b
Interior glossy walls and ceilings (Gloss >
WB
25 @ 60º)
SB
c
Exterior walls of mineral substrate
WB
SB
d
Interior/exterior trim and cladding paints
WB
for wood and metal
SB
e
Interior/exterior trim varnishes and
WB
woodstains, including opaque woodstains
SB
f
Interior and
exterior
minimal
build
WB
woodstains
SB
g
Primers
WB
SB
h
Binding Primers
WB
SB
i
One-pack performance coatings
WB
SB
j
Two-pack reactive performance coatings
WB
for specific end use such as floors
SB
k
Multi-coloured coatings
WB
SB
l
Decorative effect coatings
WB
SB
B. MAXIMUM VOC CONTENT LIMIT VALUES FOR VEHICLE
REFINISHING PRODUCTS
VOC g/l (*)
Product Sub-category
Coatings
Preparatory and cleaning
Preparatory
Pre-cleaner
Bodyfiller/stopper
All types
Primer
Surfacer/filler and
general
(metal)
primer
Wash primer
Topcoat
All types
Special Finishes
All types
(*) g/l of ready for use product. Except for sub-category (a) any water content of the product
ready for use should be discounted.
For the purpose of these regulations and unless the
context otherwise requires
"coating" means any mixture, 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;
"Environment Protection Directorate" means the Directorate
within the Malta Environment and Planning Authority established by
virtue of article 12(1) and with assigned responsibilities in terms of
the Third Schedule to the Environment and Development Planning Cap. 504.
Act;
"film" means a continuous layer resulting from the application
of one or more coats to a substrate;
"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;
"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;
"mixture" means mixtures or solutions composed of two or
more substances;
"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;
"paints and varnishes" means coatings applied to the 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;
"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;
"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;
"Technical Regulations Division" means the entity established
by virtue of article 19 of the Malta Competition and Consumer
Affairs Act;
"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;
"vehicle refinish products" means products used for the coating
of road vehicles as defined in the EC Type-Approval of Motor
Vehicles and their Trailers Regulations, or part of them, carried out as
part of vehicle repair, conservation or decoration outside of
manufacturing installations;
"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.
METHODS REFERRED TO IN REGULATION 3(2)
Permitted method for products with VOC content below 15% by mass where
reactive diluents are not present
Test
Parameter
Unit
Method
Date of publication
VOC content
g/l
ISO 11890-2
Permitted methods for products with VOC content equal to or greater than
15% by mass where reactive diluents are not present
Test
Parameter
Unit
Method
Date of publication
VOC content
g/l
ISO 11890-1
VOC content
g/l
ISO 11890-2
Permitted method for products with VOC content where reactive diluents are
present
Test
Parameter
Unit
Method
Date of publication
VOC content
g/l
ASTMD 2369
€1.26
(1) 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 in
accordance with Schedule I is prohibited unless their VOC content is
less or equal to (≤) the limit values set out in Schedule II and unless
the product is compliant with the labelling requirement in regulation
(2) For determining compliance with the VOC content limit
values set out in Schedule II, the analytical methods referred to in
Schedule III shall be used.
(3) For products set out in Schedule 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 Schedule 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), the operator
of an installation permitted by the Environment Protection
Directorate under regulations 3 and 4 of the Limitation of Emissions S.L. 504.27
of Volatile Organic Compounds Regulations, may be allowed to
import, on a yearly basis and for their own use, restricted amounts of
paints which are not compliant with the limit values in Schedule II, as
long as these products are used exclusively on the site covered by the
said permit.
(5) The use of the paints covered by the derogation in sub-
regulation (4) shall be subject to the approval in writing of the
Environment Protection Directorate, which is contingent upon the
installation of appropriate abatement measures on the site covered by
the permit. This approval shall be granted after the submission of an
application for permit by the operator.
(6) Operators making use of the derogation in sub-regulation
(4) shall not offer, expose, advertise or keep for sale or supply by way
of compensation or otherwise the paints which are not compliant with
the limit values in Schedule II to any third party.
(7) In addition, operators making use of the derogation in sub-
regulation (4) shall forward to the Environment Protection
Directorate a yearly report which shall include the amounts of used
and unused non-compliant paints covered by the said derogation. The
reported amounts of unused paints shall be kept on site.
(8) 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 Technical
Regulations Division 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 Schedule II.
(9) Whoever intends to make use of the derogation under sub-
regulation (8) shall register his intent with the Technical Regulations
Division and shall provide certification by an authorised body to
prove that the vehicle or building in question is regarded as being a
vintage vehicle or building of particular historical and cultural value.
4. The Technical Regulations Division shall ensure that the Labelling.
products set out in Schedule I carry a label when they are placed on
the market. The label shall indicate
(a)
the sub-category of the product and the relevant
VOC limit values in g/l as referred to in Schedule II;
(b)
the maximum content of VOC in g/l of the product
in a ready-to-use condition.
The Environment Protection Directorate shall, jointly with
the Technical Regulations Division, 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 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 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.
Responsibility for the enforcement of these regulations
shall be shared as follows
(a)
the Technical Regulations Division shall be the
competent authority for enforcing the provisions in regulations
3(1) to (3) and 3(8) to 3(9), and regulations 4 and 6;
(b) the Environment Protection Directorate shall jointly
with the Technical Regulations Division be responsible for the
implementation of the provisions in regulation 5; and
(c)
the Environment Protection Directorate shall be
responsible for the enforcement of regulations 3(4) to 3(7)
Provided that the Technical Regulations Division and the
Environment Protection Directorate shall both exchange all pertinent
information and technical support on a continuous basis for the
proper implementation of these regulations.
Any person who commits an offence against these
regulations shall, on conviction, be liable
(a) on a first conviction to a fine (multa) of not less than
twenty-three thousand euro (€23,000) and not exceeding two
hundred and thirty-three thousand euro (€233,000) or to
imprisonment for a term not exceeding two years or both such
fine and imprisonment;
(b) on a second or subsequent convictions, to a fine
(multa) of not less than forty-six thousand euro (€46,000) and
not exceeding four hundred sixty-six thousand euro (€466,000)
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 a vehicle,
the owner of the said vehicle, where applicable, shall be 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 competent
authority and the confiscation of the corpus delicti, including the
vehicle, if applicable.
(1) The provisions of articles 23 and 30 (1) of the Applicability of
Criminal Code shall, mutatis mutandis, apply to proceedings in the
Code.
respect of offences against these regulations, so however that the Cap. 9.
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 article 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.
The Limitation of Emissions of Volatile Organic
Compounds (Paints, Varnishes and Vehicle Refinishing Products)
Regulations, 2006 are hereby being revoked.
2006. SCHEDULE I
SCOPE
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
sub-categories (a) to (l) in paragraph 1.1 below. Only those paints and varnishes
covered by the derogations in regulation 3 of these regulations are excluded from
compliance with these regulations.
1.1 Sub-categories
(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 sub-category 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 sub-category 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, anti-corrosion 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;
(j)
"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. 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 sub-categories (a) to (e) in paragraph 2.1 below. Only those vehicle
refinishing products covered by the derogations in regulation 3 of these regulations
are excluded from compliance with these regulations.
2.1 Sub-categories
(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) "Bodyfiller/stopper" means heavy-bodied compounds designed to
be applied to fill deep surface imperfections prior to the application of the
surfacer/filler;
(c)
"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) "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;
(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.