Rules relating to the vehicle refinishing sector, certification and limitation of emissions of volatile organic compounds (VOCs) have now been formally signed off by Phil Hogan, Minister for the Department of Environment, Community and Local Government and are now in force.

The DECLG website (www.environ.ie) provides an overview of the new regulatory framework here, while the actual regulations can be down loaded here.

The European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I.No  564 of 2012) re-transpose Directive 2004/42/CE on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products. The regulations revoke and replace the previous Decorative Paints Regulations (S.I. No. 199 of 2007).

The new rules set out that paints, varnishes and vehicle refinishing products listed in Schedule 1 of the regulations can be placed on the market only if their VOC content limit values are equal to or lower than the values specified in Schedule 2. The regulations also state that local authorities have the power to seize prohibited products and the cost for disposal of such products can be charged to the person or body from whom they were seized.

Some of the main provisions set out in the new regulations are:

- Refinishers must hold a current valid certificate of compliance issued by their local authority. Carrying out refinishing activity without a valid certificate can mean a € 5000 fine (previously € 3000). 

- To gain a certificate, refinishers will now be audited by an approved assessor who has been appointed by the Environmental Protection Agency (EPA). This replaces the requirement under the previous regulations for inspections to be carried out by an accredited inspection contractor (AIC). The EPA will establish a national panel of approved assessors by 30 September 2013 and appoint an interim inspector in the meantime. 

- Certificates of compliance may now be issued for a period of up to 3 years, replacing the previous two year period.

- Operators are required to submit information annually to their local authority, to report on their compliance with the regulations.

- Certificates issued under the previous regulations that were valid on 31 December 2012 may be renewed, at the discretion of the local authority, to be valid up to 30 September 2016.

- Operators are not permitted to allow their certification to lapse pending the establishment by the EPA of a national panel of approved assessors.

- Under the regulations local authorities are obliged to list certified operators on their website.

- The regulations provide for authorised persons to enter premises with the assistance of the Garda Siochana where necessary to confiscate non compliant products.

The new regulations should be a significant improvement on the previous regime, with competition introduced in terms of approved assessors, longer certification periods and heavier non compliance penalties. Key to their success will be how the regulations are implemented on the ground. This process will hopefully by greatly assisted by the introduction of a provision for fixed payment notices, or on the spot fines, later this month.

The EPA are preparing updated guidance for operators to assist in the implementation of the new regulations.