EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 02004L0042-20210716
Directive 2004/42/EC 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
Consolidated text: Directive 2004/42/EC 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
Directive 2004/42/EC 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
In force
02004L0042 — EN — 16.07.2021 — 005.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
►C1 DIRECTIVE 2004/42/EC ◄ OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 April 2004 (OJ L 143 30.4.2004, p. 87) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
REGULATION (EC) No 1137/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008 |
L 311 |
1 |
21.11.2008 |
|
DIRECTIVE 2008/112/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2008 |
L 345 |
68 |
23.12.2008 |
|
L 304 |
18 |
20.11.2010 |
||
REGULATION (EU) 2019/1020 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 169 |
1 |
25.6.2019 |
|
REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 198 |
241 |
25.7.2019 |
Corrected by:
►C1 DIRECTIVE 2004/42/EC ◄ 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
Article 1
Purpose and scope
Article 2
Definitions
For the purposes of this Directive, the following definitions shall apply:
1. |
‘Competent authority’means the authority or authorities or bodies responsible under the legal provisions of the Member States for carrying out the obligations arising from this Directive; |
2. |
‘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; |
3. |
►M2 ‘Mixture’ ◄ means mixtures or solutions composed of two or more substances; |
4. |
‘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; |
5. |
‘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; |
6. |
‘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; |
7. |
‘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; |
8. |
‘Coating’means any ►M2 mixture ◄ , including all the organic solvents or ►M2 mixture ◄ 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; |
9. |
‘Film’means a continuous layer resulting from the application of one or more coats to a substrate; |
10. |
‘Water-borne coatings (WB)’means coatings the viscosity of which is adjusted by the use of water; |
11. |
‘Solvent-borne coatings (SB)’means coatings the viscosity of which is adjusted by the use of organic solvent; |
12. |
‘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 this Directive. |
Article 3
Requirements
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.
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.
Article 4
Labelling
Member States shall ensure that the products set out in Annex I carry a label when they are placed on the market. The label shall indicate:
the subcategory of the product and the relevant VOC limit values in g/l as referred to in Annex II;
the maximum content of VOC in g/l of the product in a ready to use condition.
Article 5
Competent authority
Member States shall designate a competent authority responsible for fulfilling the obligations laid down in this Directive, and shall inform the Commission thereof not later than 30 April 2005.
▼M4 —————
Article 8
Free circulation
Member States shall not, on the grounds dealt with in this Directive, prohibit, restrict or prevent the placing on the market of products falling under the scope of this Directive which, in their ready for use condition, comply with the requirements of this Directive.
Article 9
Review
The Commission is invited to submit to the European Parliament and the Council:
by 2008 at the latest, a report based on the results of the review referred to in Article 10 of Directive 2001/81/EC. This report shall examine:
the broad scope and potential for making reductions in the VOC content of products outside the scope of this Directive including aerosols for paints and varnishes;
the possible introduction of a further (phase II) reduction in the VOC content of vehicle refinishing products;
any new element relating to the socio-economic impact of the application of phase II as foreseen for paints and varnishes;
at the latest 30 months after the date of implementation of the VOC content limit values of Annex II phase II, a report taking account, in particular, of the reports referred to in Article 7 and of any technological developments in the manufacture of paints, varnishes and vehicle refinishing products. This report shall examine the broad scope and potential for making further reductions in VOC content of products inside the scope of this Directive, including the possible distinction between paints used for interiors and exteriors in subcategories (d) and (e) of Annex I, point 1.1. and Annex II, section A.
These reports shall be accompanied, if appropriate, by proposals to amend this Directive.
Article 10
Penalties
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take the necessary measures to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those rules and measures to the Commission by 30 October 2005 at the latest, and shall notify it without delay of any subsequent amendment affecting them.
Article 11
Adaptation to technical progress
The Commission is empowered to adopt delegated acts in accordance with Article 11a amending Annex III to adapt it to technical progress.
Article 11a
Exercise of the delegation
Article 12
Committee
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
▼M5 —————
Article 13
Amendment of Directive 1999/13/EC
in Annex I, in the section entitled ‘Vehicle refinishing’, the following indent shall be deleted:
the coating of road vehicles as defined in Directive 70/156/EEC, or part of them, carried out as part of vehicle repair, conservation or decoration outside of manufacturing installations, or’.
Article 14
Transposition
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 15
Entry into force of the Directive
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
Article 16
Addressees
This Directive is addressed to the Member States.
ANNEX I
SCOPE
1. |
For the purposes of this Directive, 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.
|
2. |
For the purposes of this Directive, ‘vehicle refinishing products’ means products listed in the subcategories below. They are used for the coating of road vehicles as defined in Directive 70/156/EEC, or part of them, carried out as part of vehicle repair, conservation or decoration outside of manufacturing installations.
|
ANNEX II
A. MAXIMUM VOC CONTENT LIMIT VALUES FOR PAINTS AND VARNISHES
|
Product Subcategory |
Type |
Phase I (g/l (*1)) (from 1.1.2007) |
Phase II (g/l (*1)) (from 1.1.2010) |
a |
Interior matt walls and ceilings (Gloss < 25@60°) |
WB |
75 |
30 |
SB |
400 |
30 |
||
b |
Interior glossy walls and ceilings (Gloss > 25@60°) |
WB |
150 |
100 |
SB |
400 |
100 |
||
c |
Exterior walls of mineral substrate |
WB |
75 |
40 |
SB |
450 |
430 |
||
d |
Interior/exterior trim and cladding paints for wood and metal |
WB |
150 |
130 |
SB |
400 |
300 |
||
e |
Interior/exterior trim varnishes and woodstains, including opaque woodstains |
WB |
150 |
130 |
SB |
500 |
400 |
||
f |
Interior and exterior minimal build woodstains |
WB |
150 |
130 |
SB |
700 |
700 |
||
g |
Primers |
WB |
50 |
30 |
SB |
450 |
350 |
||
h |
Binding primers |
WB |
50 |
30 |
SB |
750 |
750 |
||
i |
One-pack performance coatings |
WB |
140 |
140 |
SB |
600 |
500 |
||
j |
Two-pack reactive performance coatings for specific end use such as floors |
WB |
140 |
140 |
SB |
550 |
500 |
||
k |
Multi-coloured coatings |
WB |
150 |
100 |
SB |
400 |
100 |
||
l |
Decorative effect coatings |
WB |
300 |
200 |
SB |
500 |
200 |
||
(*1)
g/l ready to use |
B. MAXIMUM VOC CONTENT LIMIT VALUES FOR VEHICLE REFINISHING PRODUCTS
|
Product Subcategory |
Coatings |
VOC g/l (*1) (1.1.2007) |
a |
Preparatory and cleaning |
Preparatory |
850 |
Pre-cleaner |
200 |
||
b |
Bodyfiller/stopper |
All types |
250 |
c |
Primer |
Surfacer/filler and general (metal) primer |
540 |
Wash primer |
780 |
||
d |
Topcoat |
All types |
420 |
e |
Special finishes |
All types |
840 |
(*1)
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 ARTICLE 3(1)
Permitted method for products with VOC content below 15 % by mass where reactive diluents are not present:
Parameter |
Unit |
Test |
|
Method |
Date of publication |
||
VOC content |
g/l |
ISO 11890-2 |
2006 |
Permitted methods for products with VOC content equal to or greater than 15 % by mass where reactive diluents are not present:
Parameter |
Unit |
Test |
|
Method |
Date of publication |
||
VOC content |
g/l |
ISO 11890-1 |
2007 |
VOC content |
g/l |
ISO 11890-2 |
2006 |
Permitted method for products with VOC content where reactive diluents are present:
Parameter |
Unit |
Test |
|
Method |
Date of publication |
||
VOC content |
g/l |
ASTMD 2369 |
2003 |
( 1 ) OJ L 123, 12.5.2016, p. 1.