LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS (PAINTS, VARNISHES AND VEHICLE REFINISHING PRODUCTS)

REFINISHING PRODUCTS)

SUBSIDIARY LEGISLATION 549.71

LIMITATION OF EMISSIONS OF VOLATILE

ORGANIC COMPOUNDS (PAINTS, VARNISHES

AND VEHICLE REFINISHING PRODUCTS)

REGULATIONS

8th May, 2012

LEGAL NOTICE 152 of 2012.

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

Emissions of Volatile Organic Compounds (Paints, Varnishes and

Vehicle Refinishing Products) Regulations.

(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.

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.

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;

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(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.

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

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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.

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 Environment and Resources Authority established by

virtue of article 6 and with assigned responsibilities in terms of the

Environment Protection 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

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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;

" v o l a t i l e o rg a n i c c o m p o u n d ( V O C ) " m e a n s a n y o rg a n i c

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.

A. MAXIMUM VOC CONTENT LIMIT VALUES FOR PAINTS

AND VARNISHES

Product Subcategory

Type

Phase II g/l (*)

Interior matt walls and ceilings (Gloss < 25 @

WB

SB

Interior glossy walls and ceilings (Gloss > 25 @

WB

SB

Exterior walls of mineral substrate

WB

SB

Interior/exterior trim and cladding paints for

WB

wood and metal

SB

Interior/exterior trim varnishes and woodstains,

WB

including opaque woodstains

SB

Interior and exterior minimal build woodstains

WB

SB

Primers

WB

SB

Binding Primers

WB

SB

One-pack performance coatings

WB

SB

Two-pack reactive performance coatings for

WB

specific end use such as floors

SB

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Product Subcategory

Type

Phase II g/l (*)

Multi-coloured coatings

WB

k

SB

Decorative effect coatings

WB

l

SB

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

ready for use should be discounted

B. MAXIMUM VOC CONTENT LIMIT VALUES

FOR VEHICLE REFINISHING PRODUCTS

Product Subcategory

Coatings

VOC g/l (*)

Preparatory and cleaning

Preparatory

a

Pre-cleaner

Bodyfiller/stopper

All types

b

Primer

Surfacer/filler and general

c

(metal) primer

Wash primer

Topcoat

All types

d

Special Finishes

All types

e

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

ready for use should be discounted.

(1)

The placing on the market (including by any act to

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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 4.

(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

D i r e c to r a te u n d e r r e g ul a ti o ns 3 a n d 4 o f t h e Li m i ta t io n o f

Emissions 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-

r e g u l a t i o n ( 8 ) s h a l l r e g i s t e r h i s i n t e n t w i t h t h e Te c h n i c a l

R e g ul a t io ns D iv is i on and shal l p ro v id e c e r ti f ic a ti on b y a n

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.

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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

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Test

Parameter

Unit

Method

Date of publication

VOC content

g/l

ASTMD 21369

The Technical Regulations Division shall ensure that the

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.

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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

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 article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

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.

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