Key Benefits:
Decision of 28 November 2005 laying down rules on the use of organic solvents in paints and varnishes and vehicles for the transfer of vehicles and amending the Community-VOC Directive environmental management (Decision organic solvents in paints and varnishes Wms)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Housing, Spatial Planning and the Environment of 23 September 2005, No DJZ2005181912, Legal Affairs Committee, Legislative Section, acting on behalf of the Secretary of State for Social Affairs and Employment and Our Minister of Health, Welfare and Sport;
Having regard to Directive No 2004 /42/EC of the European Parliament and of the Council of the European Union 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 products to be used in the use of organic solvents vehicle reinjection, and amending Directive 1999 /13/EC (PbEU L 143), on the Articles 24 and No. 39, third member, of the Environmental Hazardous Substances Act and on Article 8.44 of the Environmental Management Act ;
The Council of State heard (opinion delivered on 13 October 2005, No W08.05.0417/V);
Having regard to the further report of the Secretary of State for Housing, Spatial Planning and the Environment of 21 November 2005, No DJZ2005202959, Legal Affairs Directorate, Legislative Section, released on behalf of the Secretary of State for Social Affairs and Employment and Our Minister of Health, Welfare and Sport;
Have found good and understand:
For the purpose of this Decision:
a. Directive 2004/42 : Directive No 2004 /42/EC of the European Parliament and of the Council of the European Union 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 products to be used in the use of organic solvents vehicle reinjection, and amending Directive 1999 /13/EC (PbEU L 143);
b. VOC: volatile organic compound (VOC) as referred to in Article 2 (5) of the Directive;
c. VOC content: VOC content as referred to in Article 2 (6) of this Regulation. Directive 2004/42 ;
d. solvent: solvent as referred to in Article 2 (7) of Directive 2004/42 .
1 It is prohibited the products, named in the near Directive 2004/42 which are listed in Annex I after the dates mentioned in Annex II, Annex II, to be imported into the Netherlands or to another made available, provided that they have an VOC content exceeding the limit value specified in Annex II.
2 Products, listed in the Annex Directive 2004/42 Attached Annex I, which is not subject to the prohibition of the first paragraph, shall bear a label indicating:
a. the subcategory of the product and the relevant VOC limits in gram/litre, specified in the Directive 2004/42 Belonging to Annex II, and
b. The maximum VOC content in grams per litre of the product in ready-to-use form.
3 The first paragraph shall apply mutatis mutandis to the products mentioned in the Annex. Directive 2004/42 Attached Annex I, to which solvents or other constituents containing solvents are added to make the product ready for use.
1 The prohibition, intended to Article 2 , does not apply to products traded to be used exclusively in an activity carried out in an installation listed in an equipment licensed establishment in the country. Annex I (C) to the Environmental Law Decision , to the extent that an installation, an existing installation, or a small installation is located in the establishment.
2 The prohibition, intended to Article 2 applies, until the day from which a year has passed after the dates, mentioned in the case of Directive 2004/42 Belonging to Annex II, not to products which do not comply with the conditions laid down in Article 2 and which appear to have been produced prior to those dates.
The methods mentioned in the Directive 2004/42 Attached Annex III shall be used to determine whether the VOC content of the products listed in Annex I, which is attached to that Directive, complies with the limit values set out in Annex II to that Directive.
1 A change of Directive 2004/42 is for the application of Article 1 shall apply from the date of implementation of the amending Directive concerned, unless a time of time is set by a ministerial order published in the Official Journal.
2 An amendment to one of the Annexes to Directive 2004/42 shall apply for the purposes of this Decision from the date of implementation of the amending Directive concerned, except where a ministerial order published in the Official Journal of the European Union provides for a change of time. 3.
This Decision shall be based on the Articles 9.2.2.1 and 9.2.3.2 of the Environmental Protection Act .
This Decision shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This decision is cited as: Decision organic solvents in paints and varnishes and varnishes.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 28 November 2005
Beatrix
The Secretary of State for Housing, Spatial Planning and the Environment,
P. L. B. A. van Geel
The Secretary of State for Social Affairs and Employment,
H. A. L. van Hoof
The Minister for Health, Welfare and Sport,
J. F. Hoogervorst
Published the 13th December 2005The Minister of Justice,
J. P. H. Donner
