asked Her Majesty's Government:
Whether the environmental implications of the Department for Environment, Food and Rural Affairs's interpretation of “placing on the market” in the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 (SI 2005/2773) have been considered, given that the only option for compliance will result in the disposal as waste of 16 million litres of volatile organic compounds-compliant paint.[HL6615]
The implications of the interpretation of “placing on the market” have been part of the consideration throughout negotiations on the proposal that became Directive 2004/42/EC and in relation to the regulations transposing that directive into UK national law.
Industry has been aware of the provisions of the directive in respect of the timetable for meeting their obligations since it was adopted in April 2004. The directive includes provisions that allow for stock manufactured before 1 January 2007 to be sold until 31 December 2007.
My officials are discussing options with representatives from the paint industry but we do not accept that disposal as waste is the only option for compliance. The industry tells us that 85 per cent to 90 per cent of products expected to be in the supply chain after 31 December 2007 will comply with the directive's requirements on solvent content. These products could be sold by adding a label with the information needed by the regulations. The industry already has experience of undertaking such an exercise when it introduced a voluntary solvent-content labelling scheme for its products. It would be a commercial decision for those holding these stocks to treat them as waste.
My officials will continue to work with the industry to help them find the best environmental outcome to meet their obligations arising from the requirements.
asked Her Majesty's Government:
How many tonnes of carbon dioxide emissions have been emitted as a result of the interpretation of the term “placing on the market” in the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 (SI 2005/2773) and the consequent transport of waste and replacement production activities.[HL6616]
I am not aware of any emissions of carbon dioxide as a result of the new regulations, as the standards for paint that they introduce do not yet apply, so no paint products would yet have been disposed of in response to the regulations.
Officials will continue to work with the industry to help them find the best environmental outcome resulting from implementation of the new product requirements.
asked Her Majesty's Government:
What interpretation was given to the term “placing on the market” for the purpose of the regulatory impact assessment undertaken on the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 (SI 2005/2773); and what level of importance was attached to this wording.[HL6617]
Economic assessments of the potential impact of Directive 2004/42/EC and ofSI 2005/2773 have always assumed an interpretation of “placing on the market” that required obligations to be met at each stage throughout the supply chain, and the regulatory impact assessment was prepared on the basis of that interpretation. The interpretation of the term was recognised as being of high importance, throughout all stages of negotiation, adoption and implementation of the directive.
asked Her Majesty's Government:
Why they agreed to change the original definition of “placing on the market” in Directive 2004/42/CE to the later definition which applies throughout the supply chain.[HL6618]
We are not aware of any change to the interpretation of “placing on the market” between Directive 2004/42/CE and the regulations (SI 2005/2773) that transpose it into UK law.