Claudia Imperato – LISAM ITALY
SUSTAINABILITY AND ENVIRONMENTAL IMPACT
Those in the world of paints and varnishes must deal with an intricate mesh of regulations and related obligations: from REACH (Reg. EC 1907/2006) and CLP (Reg. EC 1272/2008) regulations to product-specific regulations such as VOC Directive (Dir. 2004/42/EC), biocides regulation (Reg. UE 528/2012), detergents regulation (Reg. EC 648/2004), aerosol directive (Dir. 75/324/EEC), and so on. However, there are other regulations that must be taken into consideration by companies that equally have the focus on consumer and environment.
In the wake of the Green Deal and the European Union’s environmental goals, not least Regulation (EU) 2024/1781, also known as ESPR (Ecodesign For Sustainable Products Regulation), published in the Official Journal of the European Union on June 13, 2024.
The regulation defines eco-design requirements for sustainable products that must be met by companies, when placing products on the market or putting them into service, in order to improve environmental sustainability.
Thus, eco-design requirements are aimed at reducing the negative impact on the environment by going for improved product performance such as durability and repairability, facilitating reconditioning and maintenance options, and reducing the possibility of products becoming prematurely obsolete, a major driver of increased waste.
The regulation introduces information requirements, namely the availability of a digital product passport (DPP) without which the product cannot be placed on the market or put into service, and information on the presence of substances of concern (SoC) in order to track their presence throughout the life cycle of the product under consideration.
Specifically, ‘substances of concern (SoCs)’ are defined as:
Awareness toward reducing the carbon and environmental footprint throughout a product’s life cycle is also driving the paint industry to take steps toward finding more sustainable alternatives. Increasing demand for water-based paint products over solvent-based ones for less impact on the environment as well as on humans.
One aspect not to be overlooked about solvent-based paints is that they are also a major source of pollution for indoor environments and they are often the cause of irritation and allergies for humans.
Indeed, by definition, solvent-based products have a portion intended to evaporate easily into the air during the drying phase or during manufacturing processes through the introduction of raw materials that naturally contain them.
This portion is responsible for the strong odour given off after the application of a paint/varnish and potentially harmful to humans and the environment.
VOCS AND THE PAINT DIRECTIVE
When we think of paint products and the portion that evaporates, we are referring to the so-called volatile organic compounds (VOCs) found in paints and varnishes as solvents and thinners, which are used to speed up drying processes and improve product durability and gloss. VOCs are a class that includes different chemical compounds, including aliphatic and aromatic hydrocarbons (e.g., butane and benzene), halogen derivatives (e.g., dichloromethane), aldehydes (e.g., formaldehyde), ketones (e.g., acetone), and alcohols (e.g., ethanol, butanol).
At the European level, VOCs are strictly regulated by Directive 2004/42/EC, better known as the Paints Directive, which defines them as ‘any organic compound having an initial boiling point less than or equal to 250° C measured at a standard pressure of 101,3 kPa’.
The directive establishes the maximum VOC content for specific types of paints and varnishes and vehicle refinishing products, which manufacturers must comply with in order to limit atmospheric emissions and thereby reduce the contribution to tropospheric ozone formation.
Therefore, paints and varnishes may be placed on the market only if they have a content equal to or less than the values specified in the directive and are properly labelled indicating:
Even minimum quantities must be listed on the product label by law.
The Paints Directive complements the requirements of the CLP regulation, which defines labelling requirements and contemplates the addition of information from other acts.
CLP REGULATION
Regulation (CE) No. 1272/2008 – CLP, defines the requirements for classification, labeling and packaging of substances and mixture. This regulation was recently amanded with pulication in the Official Journal of the European Union (OJEE) on November 20, 2024 by regulation (EU) 2024/2865.
The revision of the CLP Regulation was announced by the European Commission in 2020 as one of the actions of the Sustainable Chemicals Strategy – CSS, aimed at encouraging innovation and transition to safe and sustainable chemicals and materials by design, optimizing or redesigning production processes, and thus reducing the risks associated with the use of chemicals.
Regulation (EU) 2024/2865 makes several changes and introduces new obligations for companies, including:
Regarding the labelling of chemicals, a digital label (for indication of additional information) has been introduced, which should be considered as an addition to the physical label that must always be present in the traditional or fold-out format.
The latter format option is no longer seen as an exception to be resorted to in case of missing space; rather, the new CLP goes on to define mandatory requirements and elements for the front page, inside pages and back of the label to be correct and accurate. In general, labels can be organized as deemed most appropriate not at the expense of clarity.
The hazard pictograms, warning, hazard statements, and precautionary statements should appear together on the label.
Where information is to be given in more than one language, hazard and precautionary statements given in the same language should be treated as a unit and grouped together on the label.
Product identifiers for hazardous mixtures (‘Contains’) also include those substances that contribute to the hazard classification of a mixture with endocrine disrupting properties to human health or the environment (ED HH and ENV), persistent, bioaccumulative and toxic (PBT), very persistent and very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), and very persistent and very mobile (vPvM) properties.
Specific provisions were defined regarding both minimum label font size in relation to packaging capacity and new formatting rules such as black text on a white background and 120% line spacing.
For updating labels in case of new or more stringent classification or availability of new information, the generic statement ‘without undue delay’ has been replaced by a well-defined period of 6 months.
In the case of changes other than or resulting from an ATP (Adaptation to Technical and Scientific Progress), the time frames are 18 months and what is stipulated by the individual act, respectively.
CONCLUSIONS
The ESPR regulation aims to reduce the negative impact on the environment, waste generation and increase recycled content in products and make the use of sustainable products progressively become the norm.
But no matter how much effort is put into limiting environmental impact, it is almost impossible for paint products to completely rule out the presence of VOCs, as they can enter at any stage of the process. Sometimes, however, companies mislead consumers with claims such as ‘VOC zero’, ‘VOC free’ or ‘low VOC content’.
Therefore, it is extremely important that labels be properly written in accordance with the CLP regulation, to inform the consumer of any risks associated with and to which they are exposed during use.
