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Chemical regulation on the limitation of emissions of volatile organic compounds (VOC) by restricting the placing on the market 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

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Chemical regulation on the limitation of emissions of volatile organic compounds (VOC) by restricting the placing on the market of solvent-based paints and varnishes (solvent-based paints and varnishes-ChemVOCFarbV)

Unofficial table of contents

ChemVOCFarbV

Date of completion: 16.12.2004

Full quote:

" Solvent-containing paint and paint regulation of 16 December 2004 (BGBl. 3508), as defined by Article 432 of the Regulation of 31 August 2015 (BGBl. I p. 1474).

Status: Last amended by Art. 1 V v. 10.4.2013 I 775
Note: Amendment by Art. 432 V v. 31.8.2015 I 1474 (No 35) not yet taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 23.12.2004 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 42/2004 (CELEX Nr: 32004L0042)
Implementation of the
EURL 79/2010 (CELEX Nr: 32010L0079) cf. V v. 10.4.2013 I 775 + + +)


This Regulation provides for the implementation of 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 (VOCs) due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products, as well as amending Directive 1999 /13/EC (OJ L 196, 27.7.1999, p. EU No 87) in German law. Unofficial table of contents

Input formula

Pursuant to section 14 (1) (3) (a) and (c), § 17 (1) (1) (a) to (c) and (5) of the Chemicals Act, as amended by the notice of 20 June 2002 (BGBl. I p. 2090), the Federal Government, after consulting the interested parties, is responsible for: Unofficial table of contents

§ 1 Purpose and scope

The purpose of this Regulation is to limit the content of volatile organic compounds in certain paints and varnishes for the coating of buildings, their components and decorative components, as well as in vehicle refinishing products, in order to avoid or reduce the air pollution resulting from the contribution of volatile organic compounds to the formation of ground-level ozone. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:
1.
Buildings: self-usable, covered building structures which can be entered by humans and are suitable or intended to serve the protection of humans, animals or property;
2.
Components: these include: a. prefabricated parts, windows, doors, frames, floors and staircases, not furniture;
3.
decorative elements: stucco, panelling, non-supporting decorative columns and other components used to decorate buildings;
4.
Coating materials: mixtures which are used on a surface to produce a film of a decorative, protective or other functional effect; organic solvents contained in a mixture and to be added before use. organic solvents are part of the coating materials;
5.
Solvent-based coating materials (Lb): coating materials, the viscosity of which is adjusted with the aid of solvents;
6.
water-based coating materials (Wb): coating materials, the viscosity of which is adjusted by means of water;
7.
Paints and varnishes: the ready-to-use products listed in Annex I, point 1, with the exception of aerosols, for the coating of buildings, their components and decorative elements, for decorative, protective or other functional purposes;
8.
Film: a cohesive coating formed by the application of one or more layers to a substrate;
9.
volatile organic compound (VOC): an organic compound having an initial boiling point of not more than 250 degrees C at a standard pressure of 101,3 kPa.;
10.
organic solvent: a volatile organic compound, alone or in combination with other substances for the dissolution or dilution of raw materials, substances and mixtures or waste materials, as a cleaning agent for the dissolution of soiling, as a dispersing agent, as a means of adjusting viscosity or surface tension, or as a softener 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, excluding carbon oxides and inorganic substances. Carbonates and bicarbonates;
12.
vehicle refinishing products: the products listed in Annex I, point 2, for the treatment of motor vehicles within the meaning of Directive 70 /156/EEC or a part of such vehicles in the course of a repair, preservation or repair of vehicles Beautification outside the manufacturing facilities;
13.
VOC contents: the mass of volatile organic compounds expressed in grams per litre (g/l) in the ready-to-use mixture, the mass of volatile organic compounds in a mixture which react chemically during the drying process and thus form part of the coating, not considered as part of the VOC content.
In addition, the definitions of the Chemicals Act shall apply. Unofficial table of contents

§ 3 Prohibitions

(1) Annex I
a)
Paints and varnishes for the coating of buildings, their components and decorative components, as well as
b)
Products for vehicle refinishing
containing volatile organic compounds of the ready-to-use product above the limit values laid down in Annex II shall not be placed on the market from the dates set out in Annex II. The first sentence shall not apply to exports to countries outside the European Union. (2) In order to verify compliance with the limit values laid down in Annex II for the content of volatile organic compounds, the limits set out in Annex III shall be: (3) By way of derogation from paragraph 1, ready-to-use products which do not comply with the limits set out in Annex II for volatile organic compounds may be placed on the market for the purpose of:
a)
exclusive use within the framework of an activity covered by the Regulation on the limitation of emissions of volatile organic compounds in the use of organic solvents in certain installations, to the extent that such activities are carried out in accordance with Section 5 (2) of this Regulation, or in an installation approved in accordance with Section 4 of the Federal Immission Control Act, and
b)
Restoration and maintenance of buildings, their components and decorative components, as well as vintage vehicles, which are considered to be historically and culturally particularly valuable. The purchase and sale of strictly limited quantities of these substances and mixtures shall be subject to the approval of the competent authority in individual cases.
Substances and mixtures produced before the dates laid down in Annex II and which do not meet the requirements of paragraph 1 shall be allowed up to twelve months after the date of entry into force of the substances and mixtures applicable to the substances and mixtures concerned. Request to be placed on the market. Unofficial table of contents

§ 4 Labelling

The manufacturer or importer shall provide the ready-to-use products listed in Annex I with a label before placing on the market, without prejudice to other labelling requirements, on which the following information can be read in a horizontal and clearly readable form are to be affixed
a)
the product category of the ready-to-use product and the corresponding limit values for volatile organic compounds in g/l in accordance with Annex II;
b)
the maximum content of volatile organic compounds of the ready-to-use product in g/l.
Unofficial table of contents

Section 5 Review of compliance with the Regulation

The manufacturer or importer of a product listed in Annex I shall communicate the information required for reporting to the European Commission in accordance with paragraph 2 to the competent authority. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety shall announce the procedures to be applied for the implementation of this obligation as soon as the format for the transmission of the data referred to in Article 7 of Directive 2004 /42/EC by the Commission is created. The information includes information on categories and quantities of products for which a permit has been granted in accordance with § 3 (3) (b). (2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety shall transmit on the basis of the Opinions of countries, in accordance with the requirements of Article 7 of Directive 2004 /42/EC, reports on the supervision of this Regulation and on the granting of licences. Unofficial table of contents

§ 6 Administrative Offences

Contrary to § 26 (1) (5) (c) of the Chemicals Act, anyone who intentionally or negligently contrasts with § 4 a product does not act correctly, not in full or in good time, with a label, in accordance with § 26 (1) (c) of the Chemicals Act. Unofficial table of contents

§ 7 Crime

According to Article 27 (1) (1), (2) to (4) of the Chemicals Act, it is punishable who, contrary to § 3 (1), places a paint, a paint or a product on the market. Unofficial table of contents

Section 8 Entry into force

The Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Annex I regulated products ready for use

Source of the original text: BGBl. I 2004, 3511-3512;
with regard to of the individual amendments. Footnote
1.
Paints and varnishes for the coating of buildings, their components and decorative components
a)
"Matte coating materials for interior walls and ceilings" are those which have a gloss dimension of < = 25 units in the 60 degree measurement angle.
b)
"Shiny coating materials for interior walls and ceilings" are those which have a gloss dimension of > 25 units in the 60 degree angle of measurement.
c)
"Coating materials for exterior walls made of mineral building materials" are coating materials for masonry, brick walls or gypsum walls. These walls can be precoated with plaster or other materials.
d)
"Coating materials for wood, metal or plastics for buildings, their components and decorative components (inside and outside)" are covering coating materials, including basic and intermediate coating materials.
e)
"Clear lacquers and glazes for buildings, their components and decorative components (inside and outside)" are transparent or semi-transparent coating materials which are applied to wood, metals and plastics for decoration and protection purposes, including so-called covering glazes, which produce a covering coating in accordance with EN 927-1 standard and which serve for decoration purposes or for the protection of wood from weather influences.
f)
"Minimal film-forming glazes" are wood glazes which have an average dry film thickness of less than 5 my in accordance with the standard EN 927-1: 1996 (test according to ISO 2808: 1997, process 5A).
g)
"Barrier-based basic coating materials" are coating materials with sealing or sealing properties for use on wood, walls or ceilings.
h)
"solidifying base coating materials" are coating materials for the stabilization of loose substrate particles, for the transfer of hydrophobic properties or for the protection of the wood against bluepilty attack.
i)
"single-component special lacquers" are coating materials based on film-forming substances. They are used as basic coating materials, topcoats for plastics, basic coating materials for iron substrates and reactive metals such as zinc and aluminium, as corrosion protection coating materials, for floor coating, including for Wood and concrete floors, as graffiti protection coatings with flame-retardant effect and for coatings to meet hygiene standards in the food and beverage industry or in health facilities, as well as as coating materials for special military applications.
j)
"Two-component special lacquers" are coating materials for the same purposes as one-component special lacquers, but a second component is added before the application.
k)
"Multicolor coating materials" are coating materials for achieving a two-color or multi-color effect directly at the first application.
l)
"Coating materials for decoration effects" are coating materials for the achievement of special aesthetic effects on specially prepared, pre-coated substrates or basic coatings, which are subsequently carried out during the drying phase with various tools.
2.
Products for vehicle refinishing
a)
"Preparation and cleaning products" are products for the mechanical or chemical removal of old coatings and rust or for the preparation of new coatings. Preparation products include equipment (products for cleaning spray guns and other equipment), paint removers, degreasing agents (including anti-static agents for plastics) and silicone removers. Pre-purifiers are products which are used before the application of coating compositions for the removal of surface contamination.
b)
"Spatula and Spray Spatula" are pasty or viscous products which are applied in order to fill deep unevennesses of the substrate prior to the application of the filler.
c)
The following "basic coating materials" are coating materials for corrosion protection, which are applied before application of a pre-coating on bare metallic surfaces or already existing coatings:
aa)
"filler" applied immediately before application of the top coat to improve the corrosion resistance and adhesion of the topcoat and to form a uniform surface by correction of minor surface unevennesses ,
bb)
"basic coating materials" for primers, such as adhesion improvers, sealants, intermediate lacquers (Sealer), plastic base coating materials, wet-in-wet filler and grinding fillers, as well as
cc)
"Wash-primers" with a proportion of at least 0.5% by weight of phosphoric acid applied directly to bare metallic surfaces and imparting corrosion resistance and adhesion, including coating materials, which are used as Weldable primers or pickling agents (galvanized metal and zinc) are used.
d)
"topcoats" are pigmented coating materials which give gloss and durability as single-or multi-layer lacquers. This includes all the products used in the coating process, such as, for example, base and clear lacquers. [0050] A "basecoat" is a pigmented coating material which is used for the color administration and the optical effects, but not for the gloss or the resistance of the overall coating. "Clear lacquers" are transparent coating materials that give the overall coating shine and resistance.
e)
"Speziallacke" are coating materials which, as a single-layer topcoat, give special properties such as metal or pearl effects, unicoloured or transparent high-performance lacquers (e.g. scratch-resistant clear lacquers), reflective basecoats, structure-effect lacquers (e.g. B. Scar effect lacquers), anti-slip coatings, underfloor sealants, protective coatings against stone impact, coatings for the interior coating, coating materials for special military applications and lacquers in spray cans (aerosols).
Unofficial table of contents

Annex II limit values for the maximum VOC content

(Fundstelle: BGBl. I 2004, 3513-3514;
with regard to of the individual amendments. Footnote)
1.
Limit values for the VOC maximum content of paints and varnishes for the coating of buildings, decorative components and components for decorative, functional or protective purposes
Product Category Type VOC g/l *) Stage I from 1.1.2007 VOC g/l *) Stage II from 1.1.2010
A Matt coating materials (gloss dimension of < = 25 units in 60 ° angle) for interior walls and ceilings Wb 75 30
Lb 400 30
B Glossy coating materials (gloss dimension of > 25 units in 60 ° angle) for interior walls and ceilings Wb 150 100
Lb 400 100
C Coating materials for external walls made of mineral building materials Wb 75 40
Lb 450 430
d Coating materials for wood, metal or plastics for buildings, their components and decorative components (inside and outside) Wb 150 130
Lb 400 300
e Clear lacquers and glazes for buildings, their components and decorative components (both inside and outside), including so-called Covering glazes Wb 150 130
Lb 500 400
F Minimal film-forming glazes Wb 150 130
Lb 700 700
g Barrier-free basic coating materials Wb 50 30
Lb 450 350
h Solidifying basic coating materials Wb 50 30
Lb 750 750
I One-component specialty Wb 140 140
Lb 600 500
Y Two-component specialty Wb 140 140
Lb 550 500
K Multicolor coating materials Wb 150 100
Lb 400 100
I Coating materials for decoration effects Wb 300 200
Lb 500 200
*)
g/l ready-to-use product Wb Water-based Lb solvent base
2.
Limit values for the VOC maximum content of products for vehicle refinishing

Product Category Coatings VOC g/l *) from 1.1.2007
A Preparation and cleaning products Preparation products 850
Pre-Purifier 200
B Spaths and spray spikes All Types 250
C Basic coating materials Filler 540
Basic coating materials/primers 540
Wash-Primer 780
d Topcoats All Types 420
e Special lacquers All Types 840
*)
In addition to the product category a, the water content of the ready-to-use product shall be deducted from product for the determination of the VOC content.
Unofficial table of contents

Annex III Methods in accordance with § 3 (2)

(Fundstelle: BGBl. I 2013, 775)
Permitted method for products with a VOC content of less than 15 mass hundred parts when there are no reactive diluents: Parameter Single Test Methodology Published
VOC Content G ISO 11890-2 2006
Permitted methods for products with a VOC content of at least 15 mass hundred parts when there are no reactive diluents: Parameter Single Test Methodology Published
VOC Content G ISO 11890-1 2007
VOC Content G ISO 11890-2 2006
Allowed method for VOC-containing products when reactive diluents are present: Parameter Single Test Methodology Published
VOC Content G ASTMD 2369 2003