ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of October 2, 2018 No. 1394

About approval of the Technical regulation about emission limitation of volatile organic compounds owing to use of organic solvents in paints and varnishes for buildings and repair of wheel vehicles

According to part two of article 8 of the Law of Ukraine "About technical regulations and assessment of conformity",  No. 1057 "About determination of fields of activity in which the central executive bodies perform functions of technical regulation" to the subitem 117 of item 4 of the Regulations on the Ministry of Economic Development and Trade of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 459, I ORDER to the resolution of the Cabinet of Ministers of Ukraine of December 16, 2015:

1. Approve the Technical regulation on emission limitation of volatile organic compounds owing to use of organic solvents in paints and varnishes for buildings and repair of wheel vehicles which is applied.

2. Determine that paints and varnishes for buildings and repair of wheel vehicles which are introduced into circulation before entry into force of this order and do not meet all or separate requirements of the Technical regulation approved by this order can be provided in the market within 12 months from the effective date of this order.

3. To provide to department of industrial policy in the procedure established by the legislation submission of this order on state registration in the Ministry of Justice of Ukraine.

4. This order becomes effective in six months from the date of its official publication.

5. To impose control of execution of this order on the First Deputy Minister of Economic Development and Trade of Ukraine Nefedov M. E.

It is approved: The chairman of Public service of Ukraine on safety issues of foodstuff  and consumer protections

B. Paw

Minister of Ecology and Natural Resources of Ukraine

A. Semerak

Minister of infrastructure of Ukraine

V. Omelyan

Deputy minister of health care of Ukraine

P. Kovtonyuk

Chairman of the Public regulatory service of Ukraine

K. Lyapina

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of October 2, 2018 , No. 1394

The technical regulation on emission limitation of volatile organic compounds owing to use of organic solvents in paints and varnishes for buildings and repair of wheel vehicles

1. This Technical regulation determines requirements to paints and varnishes for buildings and repair of wheel vehicles concerning content of volatile organic compounds (further - LOS) which are their part. This Technical regulation is developed on the basis of the Directive 2004/42/EU of the European Parliament and Council of April 21, 2004 about emission limitation of volatile organic compounds owing to use of organic solvents in some paints and varnishes and products of repeated finishing of cars and about modification of Directives 1999/13/EU.

2. Action of this Technical regulation extends to products, the list and scope (further - the List) by which are given in appendix 1 to this Technical regulation.

3. This Technical regulation does not extend to other requirements, in particular requirements concerning marking which are determined by the legislation for protection of health of consumers, workers and their working environment.

4. In this Technical regulation terms are used in such values:

content of LOS - the mass of volatile organic compounds in unit of volume expressed in grams on liter (g/l) in material compounding in its condition, ready to use. The share of volatile organic compounds in certain material which remain as a part of covering during its forming as a result of chemical reaction cannot be considered part of content of LOS;

water and dispersive paints and varnishes (WB type) - materials which viscosity is regulated by water addition;

paintwork material - any mix, including all organic solvents or the mix containing the organic solvents necessary for its proper application which is used for receipt of covering with decorative, protective or other special properties;

volatile organic compound - any organic compound having the reference temperature of boiling less or equal 250 °C which is measured with normal pressure of 101,3 of kPa (kPa);

organic compound - any connection which contains at least one carbon atom and one or more hydrogen atoms, oxygen, sulfur, phosphorus, silicon, nitrogen or halogen, except for carbon oxide and inorganic carbonates and bicarbonates;

the organic solvent - any LOS which is used independently or in mix with other connections for dissolution or dilution of paints and varnishes, raw materials or waste; as the clearing means for dissolution of pollution; as dispersive circle; as regulator of viscosity or superficial tension; as plasticizer; as preservative;

organorazbavlyaemy paints and varnishes (SB type) - materials which viscosity is regulated by addition of the organic solvent;

film - continuous layer which is formed by drawing one or more layers (paints and varnishes) on surface;

substances - any chemical elements and chemical compounds which exist in natural state or are made by the industry both in firm, and in liquid or gaseous state;

issuance - any paid or free delivery of products for distribution, consumption or use in the market of Ukraine in the course of implementation of economic activity for the first time (import to the territory of Ukraine of such products is considered input in turnover for the purposes of this Technical regulation);

mixes - the mixes of substances or solutions consisting of two or more substances.

The term "consumer" is used in the value given in the Law of Ukraine "About consumer protection".

5. Issuance of products according to the List is performed by appropriate subjects of managing after the stages specified in the table of the maximum value of content of LOS in paints and varnishes (further - Tables of content of LOS) appendices 2 to this Technical regulation if these products have content of LOS which does not exceed the maximum values established in Tables of content of LOS and conforms to requirements of Item 7 of this Technical regulation.

For determination of respect for the maximum values of content of LOS the analytical methods given in appendix 3 to this Technical regulation are used.

For products according to the List to which organic solvents or other components shall be applied (contains organic solvents) in order that these products were ready for use, values of the maximum content of LOS shall be applied as to products in its condition, ready for use.

6. For the purpose of recovery and content of the houses and wheel vehicles relating to objects of cultural heritage according to the Law of Ukraine "About protection of cultural heritage" purchase and sale of products which does not correspond to the values of the maximum content of LOS established in Tables of content of LOS can be performed.

7. Issuance of products according to the List is performed on condition of availability of marking on which are specified:

products subcategory (digital or alphabetic, in connection with tables of content of LOS) and the LOS corresponding value in g/l (g/l) according to Tables of content of LOS;

the maximum content of LOS in g/l (g/l) of products in condition, ready for use.

8. The state market supervision and control of compliance of paints and varnishes for buildings and repair of wheel vehicles to requirements of this Technical regulation are performed according to the law.

9. Products which in condition, ready for use, conform to requirements of this Technical regulation are considered corresponding, its restriction and the prevention concerning issuance are prohibited.

Appendix 1

to the Technical regulation on emission limitation of volatile organic compounds owing to use of organic solvents in paints and varnishes for constructions and repair of wheel vehicles (Item 2)

List of products and scope of application

1. In the Technical regulation on emission limitation of volatile organic compounds owing to use of organic solvents in paints and varnishes for constructions and repair of wheel vehicles products specified in this appendix belong to paints and varnishes (except materials in aerosol package). They are applied to coloring of houses, their facing, the national teams and accessories and designs with the decorative, functional and protective purpose.

Subcategories of paints and varnishes for buildings:

1 (a *) paints and varnishes for opaque coverings of internal walls and ceilings - the materials intended for application to walls and ceilings in buildings on degree of gloss of covering no more than 25 units at an angle of measurement 60 °;

2 (b *) paints and varnishes for glossy coverings of internal walls and ceilings - the materials intended for application to walls and ceilings in buildings on degree of gloss of covering more than 25 units at an angle of measurement 60 °;

3 (with *) paints and varnishes for outside mineral surfaces of walls - the materials intended for application to walls outside of buildings (facades) with stone laying, brick or plaster;

4 (d *) paints and varnishes for finishing of wood, metal or plastic for internal/outside works - the materials intended for finishing and facing which form opaque film on surfaces of any wood, metal or plastic. Materials for receipt of the first and intermediate layers of system of covering belong to this subcategory;

5 (e *) finishing varnishes and azures for internal/outside works - the materials intended for finishing with formation of transparent or translucent film for dressing and protection of wood, metal and plastic. Lessirovochny mordants which create translucent film for dressing and protection of wood against destruction under atmospheric action concerning category "semi-stable" according to GSTU EN 927-1 belong to this subcategory;

6 (f *) mordants with the minimum thickness of covering - mordants which according to GSTU EN 927-1 have the average thickness of covering less than 5 microns (on testing by method 5A according to GSTU ISO 2808);

7 (g *) primers - materials with the isolating and/or protective properties, held for use on wooden surfaces or walls and ceilings;

8 (h *) binding primers - materials for fixing of adhesive and weak particles of surface which is painted, or for giving of hydrophobic properties and/or for protection of wood against blue decay;

9 (i *) one-packaging materials of special purpose - special materials, the containing filming agents, held for use for the purpose of receipt of special operational characteristics of coverings, such, as: priming and finishing covering for plastics; priming covering for the surfaces of ferrous metals; priming covering for chemically active metals (zinc and aluminum); anticorrosive finishing coverings; floor coverings (including for wooden and cement); anti-graffiti; fire-resistant coverings, and also such which conform to hygienic standards in the food industry, production of drinks or medical attendance;

10 (j *) two-packaging materials of special purpose - materials of the same use, as one-packaging materials of special purpose, but to which before use the second component is added (for example, tertiary amines);

11 (k *) materials for coverings with multi-color effect - materials for creation of two-color or full-color effect after one drawing;

12 (l *) materials for coverings with decorative effect - materials for creation of special esthetic effects on specially previously prepared painted surfaces or on basic coverings with the subsequent processing by different tools during drying.

2. In this Technical regulation products specified in this appendix belong to paints and varnishes for repair of wheel vehicles. They are used during painting of wheel vehicles for partial local repair of the wheel vehicle for the purpose of its preserving or finishing which is carried out outside production rooms.

Subcategories of materials for repair coloring of wheel vehicles:

1 (a *) materials (means) of preliminary processing and cleaning - the materials intended for elimination of old coverings and rust by mechanical or chemical method or materials for provision of adhesive capability for new coverings:

(i) the means for preliminary processing containing cleaner (the material intended for cleaning of sprays and other equipment); solutions for removal of paints and varnishes; degreasers (including antistatics for plastic) and removers for silicone;

(ii) cleaners of preliminary processing - the cleaning materials for removal of superficial pollution in preparation time of surface before putting paints and varnishes;

2 (b *) filling/putty - the high-filled mixes intended for filling of deep superficial defects before drawing the equalizer / (finishing) filling;

3 (with *) primer - any paintwork material for drawing on uncolored metal or on the available finishing layers for ensuring protection against corrosion before drawing soil-filling:

(i) the equalizer / (finishing) plaster - material for direct application before drawing the upper coat layer for the purpose of protection against corrosion, ensuring adhesion of the upper coat layer and assistance to forming of homogeneous surface of covering with filling of insignificant superficial defects;

(ii) primer on metal of general purpose - materials for application as primers, such as adhesion promoters; sealants; equalizers; materials for drawing priming or intermediate layers; (plastic) mastics; materials for drawing by method "wet on wet"; fillings which do not require grinding and filling which are applied with spraying;

(iii) phosphating primer - the material containing, at least, 0,5 of mass percent of phosphoric acid for direct drawing on the surface of net metal for the purpose of ensuring anticorrosive protection and adhesion; the materials used as interoperational primers which coverings do not interfere with welding; and etching solutions for the galvanized and galvanized surfaces;

4 (d *) finishing material - any material of color system of covering, for drawing in one layer or multilayer basis which provides gloss and durability and contains all corresponding paints and varnishes as pigmented, and transparent:

(i) the pigmented materials - the paints and varnishes containing pigment(s) for ensuring color and any desirable visual effects, but not gloss, or firmness of system of covering;

(ii) transparent materials - transparent paints and varnishes for ensuring final gloss and stability of surface of system of covering;

5 (e *) special finishing material - material for drawing the upper layers requiring special properties such, as: effect metallic or nacreous in single-layer covering; highly effective coverings of homogeneous color and transparent coverings (for example, with the increased resistance to formation of scratches and the fluorinated transparent layer); the light-reflective pigmented layer, finishing coverings with textural surface (for example, with molotkovy effect); antiskid coverings; sealants of protection of the bottom of the car; covering against chips; materials for finishing of interior of the car; and also aerosols.

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Note: * Alphabetic references of subcategories according to the Directive 2004/42/EU

Appendix 2

to the Technical regulation on emission limitation of volatile organic compounds owing to use of organic solvents in paints and varnishes for constructions and repair of wheel vehicles (Item 5)

A. The table of the maximum value of content of LOS in paints and varnishes (for buildings)

Material subcategory *			Type	Stage of I (g/l) ** from 01.01.2021	Stage of II (g/l) ** from 01.01.2024
1	2	3	4	5	6
1	(a)	Paints and varnishes for opaque coverings of internal walls and ceilings (gloss <25 at an angle measurements 60 °)	WB	75	30
			SB	400	30
2	(b)	Paints and varnishes for glossy coverings of internal walls and ceilings (gloss> 25 at an angle measurements 60 °)	WB	150	100
			SB	400	100
3	(c)	Paints and varnishes for outside mineral surfaces of walls	WB	75	40
			SB	450	430
4	(d)	Paints and varnishes for finishing of wood, metal or plastic for internal/external works	WB	150	130
			SB	400	300
5	(e)	Finishing varnishes and azures for internal/external works	WB	150	130
			SB	500	400
6	(f)	Mordants with the minimum thickness of covering	WB	150	130
			SB	700	700
7	(g)	Primers	WB	50	30
			SB	450	350
8	(h)	Binding primers	WB	50	30
			SB	750	750
9	(i)	One-packaging materials of special purpose	WB	140	140
			SB	600	500
10	(j)	Two-packaging reactionary materials of special purpose for certain use, for example, for floors	WB	140	140
			SB	550	500
11	(k)	Materials for coverings with multi-color effect	WB	150	100
			SB	400	100
12	(l)	Materials for coverings with decorative effect	WB	300	200
			SB	500	200

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* After the end of the period of provision in the market of products which are not meeting the requirements of content of LOS it is applied digital and (or) alphabetic designations of subcategories, and since January 01, 2024 - only alphabetic references of subcategories according to the Directive 2004/42/EU.

** Value for the material ready to use.

B. The table of the maximum value of content of LOS in paints and varnishes (for repair of wheel vehicles)

Material subcategory *			Materials	LOS (g/l) ** from 01.01.2021
1	2	3	4	5
1	(a)	Materials (means) of preliminary processing and cleaning	means for preliminary processing	850
			cleaners of preliminary processing	200
2	(b)	Filling/putty	any type	250
3	(c)	Primer	the equalizer / (finishing) filling and primer on metal of general purpose	540
			phosphating primer	780
4	(d)	Finishing material	any type	420
5	(e)	Special finishing material	any type	840

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* After the end of the period of provision in the market of products which are not meeting the requirements of content of LOS it is applied digital and (or) alphabetic designations of subcategories, and since January 01, 2024 - only alphabetic references of subcategories according to the Directive 2004/42/EU.

** Value for material, ready to use. Any content of water in the material ready to use, shall be subtracted (except for the subcategory of paints and varnishes for repair of wheel vehicles specified in the subitem 1 of Item 2 of appendix 1 to this Technical regulation on emission limitation of volatile organic compounds owing to use of organic solvents in paints and varnishes for constructions and repair of wheel vehicles).

Appendix 3

to the Technical regulation about emission limitation of volatile organic compounds owing to use of organic solvents in paints and varnishes for constructions and repair of wheel vehicles (Item 5)

Analytical methods of determination of content of LOS

The established method for the materials which are not containing reactive thinners with content of LOS less than 15% of masses.

Parameter	Unit of measure	Test method
		method according to the national standard	the effective date
Content of LOS	g/l	ISO 11890-2 GSTU	2016

The established methods for the materials which are not containing reactive thinners with content of LOS of 15% of masses. and more

Parameter	Unit of measure	Test method
		method according to the national standard	the effective date
Content of LOS	g/l	ISO 11890-1 GSTU	2016
Content of LOS	g/l	ISO 11890-2 GSTU	2016

The established method for the materials containing reactive thinners

Parameter	Unit of measure	Test method
		method according to the national standard	date of publication
Content of LOS	g/l	GSTU:ASTM D2369:2019 (ASTM D2369-10 (2015) е 1, ІDT)	2003

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