The use of organic solvents in certain paints, varnishes and vehicle finish renewal products can result in emissions of volatile organic compounds (VOCs) that generate air pollution, due to the contribution of these VOCs to the formation of tropospheric ozone. Therefore, the VOC content in those products should be reduced, in so far as it is technically and economically viable, taking into account the climatic conditions.

Council Directive 1999 /13/EC of 11 March 1999, which is incorporated into national law by Royal Decree 117/2003 of 31 January 1999 on the limitation of emissions of volatile organic compounds due to the use of (a) solvents in certain activities, lays down the requirements to be met by new installations using certain amounts of solvents for the development of their activities.

Furthermore, Directive 2001 /81/EC of the European Parliament and of the Council of 23 October 2001 established the national emission ceilings for certain air pollutants, including VOCs. In order to promote the achievement of the objectives of this Directive, by the Council of Ministers Agreement of 25 July 2003, the National Programme for the progressive reduction of national emissions was adopted, published by Resolution of 11 September 2003. 2003, of the General Secretariat of the Environment.

Subsequently, Directive 2004 /42/EC of the European Parliament and of the Council of 21 April 2004 has limited the total VOC content in certain paints, varnishes and vehicle finish renewal products further amending certain aspects of Directive 1999 /13/EC. In accordance with Directive 2004 /42/EC, transitional measures should be adopted for products manufactured before the entry into force of the requirements set out in Directive 2004 /42/EC and the Member States are empowered to grant individual permits for sale and purchase, for specific purposes and in strictly limited quantities, of products which do not comply with the limit values for solvents provided for therein. Finally, this Directive supplements the requirements for the labelling of chemicals and substances.

It is therefore necessary to incorporate into national law the said Directive 2004 /42/EC and, consequently, to amend specific aspects of Royal Decree 117/2003 of 31 January and to lay down requirements and conditions for industrial products which may cause damage to the environment, as provided for in Chapter I of Title III of Law 21/1992 of 16 July of Industry.

Two definitions are established which differ from those of the Royal Decree 117/2003 of 31 January. The first is a 'volatile organic compound', the application of which, in accordance with the European Commission's view, requires, in this case, a simpler definition which simplifies the monitoring of compliance. The second, concerning the "organic solvent", which has been modified to avoid excluding from the definition those VOCs which react chemically. However, the VOC mass of a given product, which is chemically reacted during drying to become part of the coating, is not considered, in accordance with this royal decree, to be part of the VOC content.

In accordance with Community legislation, this royal decree establishes a series of requirements for the products listed in Annex I. In their virtue, these products, for their marketing, from the dates indicated in Annex II, they shall not exceed the maximum levels of VOC fixed therein. In addition, it also completes the labelling requirements for such products.

It also provides that the autonomous communities, within the scope of their competences, will carry out the control to verify the compliance with the same, and predetermines the reporting obligations to the Ministry of the Environment, their referral to the European Commission.

In its preparation, the economic and social agents, the autonomous communities and the Advisory Council for the Environment have been consulted.

This royal decree is dictated by the exclusive powers conferred on the State by Article 149.1.13., 16. and 23. of the Constitution, in the field of bases and coordination of the general planning of economic activity, Basic and general coordination of health and basic legislation on the protection of the environment.

In its virtue, on the proposal of the Ministers of the Environment, Industry, Tourism and Trade and of Health and Consumer, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of February 24 2006,

D I S P O N G O:

Article 1. Object and scope of application.

1. This royal decree, transposing Directive 2004 /42/EC of the European Parliament and of the Council of 21 April 2004, aims to limit the total VOC content in paints, varnishes and vehicle finishing products related to Annex I, in order to prevent and reduce air pollution due to the contribution of VOCs to the formation of tropospheric ozone.

2. Products which are sold for exclusive use on the premises falling within the scope of Royal Decree 117/2003 of 31 January, in which the emission limitation measures offer, are excluded from the scope of application. alternative means of achieving reductions at least equivalent in the emission of VOCs.

3. This royal decree applies without prejudice to the requirements for the prevention of occupational risks and the protection of the health of consumers provided for in the legislation in force.

Article 2. Definitions.

For the purposes of this royal decree, it is understood by:

(a) Vehicle: any motor vehicle intended for use on the road, complete or incomplete, having at least four wheels and having a maximum design speed exceeding 25 km/h and its trailers or semi-trailers, with the exception of vehicles circulating on rails, forestry and agricultural tractors, and all mobile machinery.

b) Organic compound: any compound containing carbon and one or more of the following elements: hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, other than carbon oxides and carbonates and bicarbonates inorganic.

c) Volatile organic compound (VOC): any organic compound having an initial boiling point less than or equal to 250 ° C at a standard pressure of 101,3 kPa.

(d) VOC content: the mass of volatile organic compounds, expressed in grams per litre (g/l), in the formulation of the product ready for use; the mass of volatile organic compounds of a given product which react chemically during drying to become part of the coating shall not be considered as part of the VOC content.

e) Renewal of the vehicle finish: the coating of a vehicle or part thereof, carried out as part of its repair, preservation or decoration of the vehicle outside the manufacturing facility.

f) Ready: any mixture or solution composed of two or more substances.

g) Substance: any chemical element and its compounds, in a natural state or produced by the industry, either in solid, liquid or gaseous form.

h) Organic solvent: any VOC used alone or in combination with other agents to dissolve or dilute raw materials, products or waste materials, or used as a cleaning product to dissolve contaminants; or as a dispersant, viscosity regulator, surface tension regulator, plasticizer or preservative.

i) Recorder: all preparations, including all organic solvents or preparations containing organic solvents necessary for their proper application, to be used for a decorative, protective or other effect type on a surface.

j) Water-based coatings (BA): coatings that contain water to regulate their viscosity.

k) Solvent-based coatings (BD): coatings containing organic solvents to regulate their viscosity.

l) Movie: continuous layer as a result of applying one or more layers to a substrate.

m) Marketing: making available to third parties, whether in exchange for a payment or not. For the purposes of this royal decree, the importation into the Community customs territory shall be deemed to be placed on the market.

Article 3. Requirements.

1. The products listed in Annex I may be placed on the market only on national territory, after the dates indicated in Annex II, if their VOC content does not exceed the maximum values set out in that Annex II and comply with the provisions laid down in that Annex. in Article 4.

2. The methods of analysis set out in Annex III shall be used to determine whether these maximum values are met.

3. Whenever the use of these products requires the addition of solvents or other components containing solvents, the maximum values set out in Annex II shall apply to the VOC content of the product ready for use.

Article 4. Tagged.

Without prejudice to the additional requirements for labelling laid down in the legislation in force, the products listed in Annex I shall bear a label at the time of their placing on the market, indicating the next:

(a) The subcategory of the product and the corresponding maximum values for the VOC content in g/l as set out in Annex II.

b) The maximum VOC content in g/l of the product ready for use.

Article 5. Control program.

1. Without prejudice to the powers that correspond to the General Administration of the State, the autonomous communities shall ensure that the provisions of this royal decree are complied with, by subjecting these products, inter alia, to the following measures: control:

(a) Those provided for in Royal Decree 1801/2003 of 26 December 2003 on general product safety for products affected by this royal decree, with the exception of the products for renewal of the finished product vehicles.

(b) Those provided for in Law 21/1992, of 16 July, of Industry, for the products of renewal of the vehicle finish affected by this royal decree.

2. The products covered by this royal decree will be considered safe when they meet, in addition to the requirements that are required by the current legislation, the provisions of this royal decree.

Article 6. Information to the Ministry of the Environment.

The Autonomous Communities shall send to the Ministry of the Environment a report containing the results of the control programme measures referred to in Article 5 and a list of the categories and quantities of products. for the sale of which they have granted permits, as provided for in the second provision, for the purposes of their communication to the European Commission. The first two reports shall be submitted 12 months after the dates of compliance with the limit values for the VOC content set out in Annex II. Thereafter, they shall be submitted every five years.

Article 7. Sanctioning regime.

The failure to comply with the obligations established in this royal decree will be sanctioned in accordance with the provisions of Law 21/1992, of July 16, of Industry, the Organic Law 12/1995, of December 12, of the Smuggling and Law 26/1984, of July 19, General for the Defense of Consumers and Users.

Single additional disposition. Restoration and maintenance of old buildings and vehicles.

The competent authorities may issue individual buying and selling permits, in strictly limited quantities, of products exceeding the maximum VOC levels set out in Annex II for the restoration and maintenance of old buildings and vehicles whose historical and cultural value has been recognised in accordance with the rules in force.

Single transient arrangement. Arrangements applicable to certain paints and varnishes and vehicle finishing products, with a production date prior to that indicated in Annex II.

Products falling within the scope of this royal decree whose duly accredited production date is earlier than the dates set out in Annex II and which do not comply with the requirements of Article 3 may be placed on the market for a period of 12 months from the date of entry into force of the requirement applying to the product concerned.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.

Final disposition first. Amendment of Royal Decree 117/2003 of 31 January on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities.

Section 12 of Annex I to Royal Decree 117/2003, dated January 31, will have the following wording:

" 12. Renewal of the vehicle finish.

Any industrial or commercial activity of coating and related degreasing activities by means of which it is carried out:

(a) The original coating of the road vehicle, or of a part thereof, with materials of the type of renewal of the finish, when performed outside the original manufacturing line, or

c) The coating of trailers (including semi-trailers) (category O). "

Final disposition second. Competence title.

This royal decree is dictated by the provisions of Article 149.1.13., 16. and 23. of the Constitution, which attributes to the State competence on bases and coordination of the general planning of economic activity, bases and general coordination of health and basic legislation on environmental protection.

Final disposition third. Enabling regulatory development.

1. The Ministers for the Environment, Industry, Tourism and Trade and for Health and Consumer Affairs will decide, jointly or separately, on the matters in question, and in the field of their powers, the provisions necessary for development and application of this royal decree.

2. The Ministers for the Environment, Industry, Tourism and Trade and Health and Consumer Affairs are empowered to jointly or separately, in accordance with the matters concerned, and in the field of their powers, to introduce into the annexes of this royal decree (i) any amendments of a technical nature are necessary in order to keep it adapted to the innovations produced by the Community legislation.

3. In addition, the Ministers for the Environment, Industry, Tourism and Trade and Health and Consumer Affairs will be able, through Ministerial Order, to establish technical requirements to limit VOC emissions from the renewal activities of the finished vehicles removed from the scope of Royal Decree 117/2003 of 31 January.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the Official Gazette of the State.

Given in Madrid, 24 February 2006.

JOHN CARLOS R.

First Vice President of the Government
and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX I

Industrial products included in the scope of this royal decree

Industrial products included in this royal decree are divided into the following categories:

A) Certain paints and varnishes,

B) Vehicle finish renewal products.

A) Certain paints and varnishes: coatings applied to buildings, their carpentry and garnishes and associated structures for decorative, functional or protective purposes, excluding aerosols. They comprise the following subcategories:

(a) Maté coatings for internal walls and ceilings: coatings designed to be applied on walls and inner ceilings with a degree of brightness < = 25 measured at 60 °;

b) Bright coatings for interior walls and ceilings: coatings designed to be applied on walls and inner ceilings with a degree of brightness > 25 measured at 60 °;

(c) Coatings for outer walls of mineral substrate: coatings designed to be applied to outer walls of masonry, brick or stucco;

d) Interior/exterior paints for carpentry or plastic, wood, metal or plastic coatings: coatings designed to be applied on carpenters and coatings with the result of an opaque film. These coatings are designed for wood, metal or plastic substrates. This subcategory includes intermediate paints and coatings;

(e) Interior/exterior carpentry varnishes and lasures: coatings designed to be applied in joiners with the result of a transparent or semi-transparent decorative or wood protection film, the metal and plastics. This subcategory includes the opaque lasures. Opaque lasures are the coatings that produce an opaque film for the decoration and protection of wood against alterations due to exposure to weathering, as defined in EN 927-1, within the category semi-stable;

f) Minimum thickness Lasures: the lasures which, according to EN 927-1:1996, have a mean thickness of less than 5 µ m according to ISO 2808: 1997 method 5A;

g) Imprimations: coatings having sealing or insulating properties intended for use on wood, walls and ceilings;

h) Consolidating imprimations: coatings designed to stabilize the loose substrate particles or to infuse hydrophilic properties or protect the wood against the blue fungus;

i) High-performance coatings of a component: special coatings based on a film-forming material. They are designed to perform certain high performance functions such as printing and monolayer for plastics, the printing layer for ferrous substrates, the printing layer for reactive metals such as zinc and aluminium, finished anticorrosion, floor coverings, including wood and cement, graffiti resistance, fire resistance, use in sanitary facilities in the food, beverage and health services industries;

j) High performance coatings of two components: the coatings used for the same purposes as the coatings of a component, to which a second component (e.g. tertiary amines) is added before the application;

k) Multi-colored coatings: coatings designed to obtain a multi-color or two-tone effect, directly from the first application;

l) Decorative effects coatings: coatings designed to obtain special aesthetic effects in pre-painted substrates or bilayer funds and subsequently treated with different instruments during the drying period.

B) Vehicle finish renewal products: these are those used for the coating of road vehicles, as defined in Directive 70 /156/EEC, or parts thereof, being carried out on a coating for the repair, preservation or decoration of the vehicle outside the manufacturing facility. They comprise the following subcategories:

(a) Preparatory and cleaning products: products designed to be applied to remove old coatings and oxides with mechanical or chemical means or to provide adhesion for new coatings:

i) preparatory products include pistol cleaners (products designed to clean spray guns and other equipment), paint strippers, degreases (including antistatic type products for plastics) and silicone pickers;

(ii) "pre-cleaning product" means a cleaning product used to eliminate surface contamination in the process of preparation and prior to the application of the coating materials;

b) High-thickness/sealant masillas and masillas: high-fill-power compounds that can be applied to fill deep surface imperfections prior to application of the surface rigging;

(c) Imprimations: any coating designed to be applied to bare metal or to existing finishes to provide corrosion protection prior to the application of surface primers;

(i) "surface rigging" means the coating designed for the application immediately before the finish to provide corrosion resistance, ensure the adhesion of the finish and contribute to the formation of a uniform surface by filling minor imperfections of the surface;

(ii) "general metal primers" means coatings which are applied as primers such as adhesion promoters, sealants, surface primers, bottom layers, primers for plastics, wet wet gear, non-lijable tackle and gun gear;

(iii) "phosphatant primer" means the coating containing a minimum of 0.5% weight of phosphoric acid and which is intended to be applied directly on bare metal surfaces to increase adhesion and the resistance to corrosion. Included in this subcategory are the coatings used as weldable primers and the toothed solutions for galvanized and zinc surfaces;

d) Finished: pigmented coatings designed to be applied as a single-layer or multi-layer system to provide brightness and durability. All products of this type, such as base finishes and finishing varnishes, are included in this subcategory:

(i) "base finish" means the pigmented coatings designed to provide colour and any desired optical effect, but not the brightness or the strength of the finishes;

(ii) "finishing varnishes" means transparent coatings intended to provide the final gloss and the strength properties of the coating system;

e) Special finishes: coatings designed to be applied as finishes with special properties such as metallic or pearly effect, in a single layer, high performance colours and finishing varnishes (by Example, scratch-resistant finish varnish and fluorinated varnish), reflective base finish, textured finishes (e.g., hammering), non-slip, low guard, antigravilla coatings, interior finishes; and aerosols.

ANNEX II

A. Maximum VOC content of paints and varnishes

A

K

Product subcategory	Type	Phase I [g/l *)] (as of 1.1.2007)	Phase II [g/l (*)] (as of 1.1.2010)
Mate products for interiors: walls and ceilings (brightness < 25 measured at 60 °).	BA	75	30
		400	30
B	Bright products for interiors: walls and ceilings (brightness > 25 measured at 60 °).	BA	150	100
			400	100
C	Mineral substrate outer wall products.	BA	75	40
			450
	D Centro_table_body"> Indoor/Outer Paintings for Wood or Metal, Carpentry and Coatings.	BA	150	130
DB	400	300
E	Barnices and indoor/outdoor lures for carpentry, including opaque lasures.	BA	150	130
			500	400
F	Thickness Interiors/Exteriors minimum.	BA	150	130
			700	700
G			BA	BA	50	30
DB	450	350
	H		H	H	H	H		BA	50	30
			750	750
I	High-performance coatings for a component.	BA	140	140
			DB	DB	600	500
	J	Coatings high reactive two-component capabilities for specific end uses, such as soils.	BA	140	140
				DB	DB	550	500
Coatings multicolor.	BA	150	100
		400	100
	Decorative effects coatings.	BA	300	200
			500	200

(*) g/l ready for use.

B. Maximum VOC content of vehicle finish renewal products

A

Product subcategory	Coatings	COV g/l (*) (1.1.2007)
Preparing and cleaning.	Product preparatory.	850
	-cleaning product.	200
B	High Masillas and Masillas thickness/sealants.	All types.	250
C	Imprimations.	Surface appliances and general metal prints.	540
		phosphatants.
D	Finished.	All Types.	420
E	Special finishes.	All types.	840

(*) g/l ready for use. Except subcategory A), the water content of the product ready for use should be discounted.

ANNEX III

Methods considered in Article 3 (2)

Parameter	Drive	Test
		Method	Publish
VOC content	ISO 11890-2	ISO 11890-2		2002
VOC content when reactive diluents are present	g/l	ASTMD 2369	2003