Chemicals Legal Regulation On The Limitation Of Emissions Of Volatile Organic Compounds (Voc) By Restricting The Placing Of Solvent-Based Paints And Varnishes

Original Language Title: Chemikalienrechtliche Verordnung zur Begrenzung der Emissionen flüchtiger organischer Verbindungen (VOC) durch Beschränkung des Inverkehrbringens lösemittelhaltiger Farben und Lacke

Read the untranslated law here: http://www.gesetze-im-internet.de/chemvocfarbv/BJNR350800004.html

Chemicals legal regulation on the limitation of emissions of volatile organic compounds (VOC) by restricting the placing of solvent-based paints and varnishes (solvent inks and varnish regulation - Gehopal) Gehopal Ausfertigung date: 16.12.2004 full quotation: "solvent inks and varnish regulation of 16th December 2004 (BGBl. I S. 3508), by article 432 of the Decree of 31 August 2015 (BGBl. I p. 1474) is changed" State: last amended by art. 1 V v. 10.4.2013 I 775 note : Change article 432 V v. 31.8.2015 I 1474 (No. 35) still not taken into account by menu see remarks footnote for details, refer to the stand number (+++ text detection from: 23.12.2004 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 42/2004 (CELEX No.: 32004 L 0042) implementation of EURL 79/2010 (CELEX Nr: 32010 L 0079) cf. V v. 10.4.2013 I 775 +++) this regulation serves the implementation of the Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions volatile organic compounds (VOCs) due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC (OJ EU no. L 143 p. 87) into German law.

Input formula on the basis of § 14 para 1 No. 3 letter a and c, § 17 para 1 No. 1 letter a and c, as well as paragraph 5 of the chemicals act as amended by the notice of June 20, 2002 (BGBl. I p. 2090) the Federal Government enacted after consultation of interested parties: article 1 purpose and scope the purpose of this regulation is, the content of VOCs in certain paints and lacquers for coating of buildings , their components and decorative building elements, as well as to limit, to avoid that the contribution of VOCs to the formation of ground-level ozone resulting air pollution or to reduce the vehicle refinishing products.

Article 2 definitions for the purposes of this regulation the expression 1 identifies building: independently usable, covered construction equipment, which can be accessed by people and are suitable or intended to protect people, animals or things.
2. components: including parts, window, doors, frames, floors and stairs do not, however, include furniture;
3. decorative building elements: stucco, panelling, not decorative pillars and other elements, which are the decoration of buildings;
4. coating materials: mixtures, which are used to provide a film; with decorative, protective or other functional effect on a surface organic solvents contained in a mixture, as well as to be prior to use organic solvents are part of the coating materials;
5. coating materials on solvent base (lb): coatings, the viscosity is adjusted by means of solvents
6 coatings waterbased (WB): coatings, the viscosity is adjusted with the aid of water
7 paints and lacquers: in annex I listed number 1 ready-made products, with the exception of aerosols to the coating of buildings, their components and decorative components to decorative, protective or other functional purposes;
8 film: a continuous coating caused by the application of one or more layers on a substrate;
9. volatile organic compound (VOC): an organic compound with an initial boiling point of not more than 250 degrees C at a standard pressure of 101.3 kPa.;
10 organic solvents: a volatile organic compound, alone or in combination with other substances. used substances and mixtures or waste materials, for resolution or dilution of raw materials, as a cleaning agent to dissolve contaminants, as a dispersing agent, as to the setting of the viscosity or the surface tension and as plasticizers or preservative
11 organic compound: a compound containing at least the element carbon and one or more of the elements hydrogen, halogens, oxygen, sulphur, phosphorus, Silicon or nitrogen, exception of carbon oxides and inorganic carbonates and Bicarbonates;
12 products for vehicle refinishing: in annex I paragraph 2 listed products for the treatment of motor vehicles within the meaning of Directive 70/156/EEC or part of these vehicles in the course of repair, preservation or beautification outside the production facilities;
13 VOC content: the mass expressed in grams / litre (g/l) volatile organic compounds in the ready-made mixture, where the mass of volatile organic compounds in a mixture, which react chemically during drying and thus form part of the coating, is not considered part of the VOC content.
In addition, the definitions of the chemicals Act apply.

§ 3 bans (1) in annex I listed a) paints and lacquers for coating buildings, their components and decorative elements, as well as b) products for vehicle refinishing with a content of volatile organic compounds of the ready-made product above the limits laid down in annex II may be placed as of the dates listed in annex II not in traffic. Sentence 1 shall not apply for export to countries outside the European Union.
(2) the verification of compliance with the limit values laid down in annex II for the content of volatile organic compounds are to use the analysis methods referred to in annex III.
(3) by way of derogation from paragraph 1 ready to use products, which do not comply with the limit values of set out in annex II for volatile organic compounds, may be placed on the transport for the purpose of a) exclusive use in an activity covered by the regulation on the limitation of emissions of volatile organic compounds in the use of organic solvents in certain plants, as far as it is carried in a plant displayed according to § 5 para 2 of this regulation, or in a plant approved pursuant to section 4 of the Federal Immission Control Act , and b) restoration and entertainment buildings, their components and decorative building elements as well as classic cars, which are classified as historically and culturally valuable. The buying and selling of strictly limited quantities of these substances and mixtures needed in a particular case the permission of the competent authority.
(4) substances and mixtures that were produced before the dates laid down in annex II and do not fulfil the requirements of paragraph 1, may be placed up to twelve months after the effective date of the applicable to the relevant substances and mixtures request circulation.

§ 4 marking the manufacturer or importer has the ready for use products listed in annex I, before the placing on the market, without prejudice to other labelling requirements, to provide the following information to install level and clearly legible are with a label: a) the product category of the ready-made product and the corresponding limits for volatile organic compounds in g/l in accordance with annex II; b) the maximum content of volatile organic compounds of the ready-made product in g/l.

Verification of compliance with the Regulation (1) the manufacturer or importer of a product listed in annex I, section 5 has for reporting to the European Commission referred to in paragraph 2 communicate that information to the competent authority. The Federal Ministry for environment, nature conservation and nuclear safety Announces procedures to comply with this obligation, once the format for the transmission of data referred to in article 7 of Directive 2004/42/EC is created by the Commission. The information includes information on the categories and quantities of products which has been granted a permit in accordance with article 3, par. 3 point (b).
(2) the Federal Ministry for environment, nature conservation, and reactor security delivered reports on the monitoring of this regulation and issued permits on the basis of the opinions of the countries according to the requirements of article 7 of the Directive 2004/42/EC.

§ 6 any person within the meaning of § 26 para 1 No. 5 is letter c of the chemicals Act offences, who intentionally or negligently not, incorrectly, incompletely or not in a timely manner provides a product violates article 4 with a label.

§ 7 offences pursuant to § 27 para 1 No. 1, para. 2 to 4 of the chemicals Act will be punished, who brings a color, a color or a product on the market contrary to article 3, paragraph 1.

Article 8 entry into force the regulation enter into force on the day after the announcement.

Concluding formula the Federal Council has approved.

Annex I regulated pre-packaged products site of the original text: Federal Law Gazette I 2004, 3511-3512.
regarding the individual changes cf. footnote 1 paints and lacquers for coating buildings, their components and decorative building elements a) "Matt coatings for interior walls and ceilings" are those that have a gloss measure of 25 units in the 60 degree angle.
(c) "Coatings for exterior walls of mineral construction materials" means coatings designed for masonry, brick or plaster walls. These walls may be pre-coated with plaster or other materials.
e d) "coating materials for wood, metal or plastics for building, their components and decorative components (inner and outer)" are opaque coating materials, including basic and intermediate coatings)
"Clear lacquers and varnishes for buildings and their components and decorative components (inner and outer)" are transparent or semi-transparent coatings for decorative and protective purposes on wood, applied metals and plastics, including so-called opaque glazes that result in an opaque coating according to EN 927-1 and serving for decoration purposes or for the protection of wood against weathering.
f) "minimal film forming stains" are wood stains, which have an average dry film thickness of less than 5 my according to EN 927-1: 1996 (tested according to ISO 2808: 1997, method 5A).)
g) "Base coatings shut-off" means coatings with sealing or locking down properties for application on wood, walls or ceilings.
h) "Strengthening basic coatings" means coatings designed to stabilise loose substrate particles, to the transfer of hydrophobic properties or for the protection of wood against blue stain fungus.
(i) "one-pack performance coatings" means coatings on the basis of film-forming substances. You used as base coatings, topcoats for plastics, basic coatings for ferrous substrates and reactive metals such as zinc and aluminium, anticorrosion coating materials, floor coating, including for wood and concrete floors, graffiti protection coating with flame retardant effect and for coatings to comply with hygiene standards in the food and beverage industries or in health care facilities as well as coatings for special military applications.
(j) "two-pack performance coatings" means coatings with the same use as one-pack performance coatings, where however before applying a second component is added.
(k) "Multi color coatings" means coatings designed to achieve a double or multi colour effect, directly from the first application.
(l) "Coatings for decoration effects" means coatings designed to achieve special aesthetic effects on specially prepared pre-painted substrates or base coatings, which are then be treated with various tools on the drying phase.
2. products for vehicle refinishing a) "Preparatory and cleaning products" are products of mechanical or chemical removal of old coatings and rust or to prepare new coatings. Preparation products include instrument cleaner (products for cleaning spray-guns and other equipment), paint strippers, degreasers (including anti-static agents for plastics) and silicone removers. Precleaner are products that are used before applying of coating equipment for the removal of surface contamination.
(b) "Filler and spray fillers" are viscous or Pasty products be applied to fill deep irregularities in the floor before applying the filler.
c) following "base coatings" means coatings designed for corrosion protection, prior to applying a bare metal surfaces before coating or existing coatings: aa) "Filler", which immediately prior to application of the topcoat to improve the corrosion resistance and adhesion of the topcoat, and be applied to the formation of a uniform surface finish by correcting minor surface irregularities, bb) "Base coatings" for primers, such as adhesion promoter, sealant, intermediate coatings (sealer) , Plastic coating materials, wet-in-wet filler and sanding filler cc) "Wash Primer" with a share of at least 0.5% phosphoric acid, which are applied directly to bare metal surfaces and corrosion resistance and adhesion give including coatings used as weldable primers or treatment (galvanized metal and zinc).
(d) "Top coats" are pigmented coating materials give gloss and durability or multi layer coatings. This fall all products used in painting such as base and Clearcoats. A "base coat" is a pigmented coating material, which is used to colour and the optical effects, but not the gloss or the resistance of the overall painting. "Clear coatings" are transparent coatings that give shine and resilience of the total painting.
(e) "Special finishes" are coatings that give special properties, such as metallic or Pearl effect, uni-coloured or transparent high-performance coatings (such as scratch-resistant clear coats), as single-layer top coat, reflective coatings, textured effect finish (such as scarring effect varnish), anti-slip coatings, anti-chip protective coatings lacquers for the internal coating, coating materials for special military and varnishes in aerosols (aerosols) against stone chipping.

Annex II limit values for VOC maximum content (site: BGBl. I 2004, 3513 3514; regarding the details of the changes see footnote) 1 limits for VOC maximum content of paints and lacquers for coating buildings, decorative elements and components for decorative, functional and protective purposes product category type VOC g/l *) level I from 1.1.2007 VOC g/l *) level II from 1.1.2010 a matte Beschichtungsstoffe(Glanzmaßzahl von 25 Einheiten INDEM 60° Messwinkel) for interior walls and ceilings WB 150 100 lb 400 100 c coatings for Exterior walls of mineral building materials 75 WB 40 lb 450 430 d coating materials for wood, metal or plastics for building, their components and decorative components (inner and outer) WB 150 130 lb 400 300 e clear lacquers and varnishes for buildings and their components and decorative elements (inside and outside), including so-called opaque glazes WB 150 130 lb 500 minimum film forming 400 f lustre pastes WB 150 130 lb 700 700 g shut-off coating ingredients WB 50 30 lb 450 350 h-strengthening coating ingredients WB
50 30 lb 750 750 i one-pack performance coatings WB 140 140 lb 600 500 j two-pack performance coatings WB 140 140 lb 550 500 k multi color coatings WB 150 100 lb 400 100 l of coating materials for decoration effects WB 300 200 500 200 lb *) g/l ready made product WB water based solvents base lb 2. limits for VOC maximum content of products for vehicle refinishing product category coatings VOC g/l *) as of January 1, 2007 a preparatory and cleaning products preparation products 850 pre-cleaner 200 b filler and spray filler all types 250 c.
Filler coating materials 540 basic coatings/primers 540 wash primer 780 d topcoats all types of 420 e Special paints all types of 840 *) g/l ready made product for the determination of the VOC content is the water content of the ready-made product except for the product category a to pull off.

Annex III methods referred to in article 3, paragraph 2 (site: BGBl. I 2013, 775) permissible method of products with a VOC content of less than 15 large hundred, if there are no reactive diluent: parameter unit test method published VOC content g/l ISO 11890-2 2006 permissible methods of products with a VOC content of at least 15 large hundred, if there are no reactive diluent: parameter unit test method published in 2007 VOC content ISO 11890-1 g/l VOC content g/l ISO 11890-2 2006 permissible method for VOC containing products , if reactive diluents are present: parameter unit test method published VOC content in g/l ASTMD 2369 2003