- A chemical permit is required if the content of volatile organic compounds (hereinafter VOCs) of an exceptionally marketed or used chemical exceeds the limit value of VOCs.
- Exceptional marketing or use for the purposes of the aforementioned Regulation is an activity by which a limited quantity of a chemical is made available for restoration or maintenance of a building or a vintage vehicle for a fee or free of charge, if the historical and cultural value of that building or vintage vehicle has been verified.
A CHEMICAL PERMIT IS ISSUED FOR THE EXCEPTIONAL MARKETING AND USE OF THE FOLLOWING SUBCATEGORIES OF CHEMICALS USED AS COATING MATERIALS OF BUILDINGS, FINISHING PARTS THEREOF AND FUNCTIONAL, DECORATIVE AND PROTECTION STRUCTURES CONNECTED THEREWITH:
- Matt coatings for interior walls and ceilings (gloss ≤ 25@60°)
- Glossy coatings for interior walls and ceilings (gloss > 25@60°)
- Coatings for exterior walls of mineral substrate
- Interior/exterior trim and cladding paints for wood, metal or plastic
- Interior/exterior trim varnishes and woodstains
- Minimal build woodstains
- Primers
- Binding primers
- One-pack performance coatings
- Two-pack performance coatings
- Multicoloured coatings
- Decorative effect coatings.
A CHEMICAL PERMIT IS ISSUED FOR THE EXCEPTIONAL MARKETING AND USE OF THE FOLLOWING SUBCATEGORIES OF CHEMICALS USED FOR THE PURPOSE OF REPAIRS, PROTECTION OR DECORATION OF VEHICLES AND PARTS THEREOF USED OUTSIDE MANUFACTURING EQUIPMENT:
- Preparatory and cleaning coatings (preparatory products, precleaners)
- Bodyfiller (all types)
- Primer (filling primer and metal primer, acid primer)
- Surface paint (all types)
- Special finishing products (all types).
- The procedure for applying for and granting a permit for exceptional marketing and use of a chemical has been established by Regulation No. 40 of the Minister of the Environment of 20.10.2016 “Procedure for application for and issue of permits for use of finishing products and format of application and permit”.
- The limit values of the content of volatile organic compounds in paints, varnishes and finishing products of vehicles and the deadlines for their implementation are provided for in Regulation No 36 of the Minister of the Environment of 14.10.2016 “The subcategories of paints and other coating materials containing volatile organic compounds, except for aerosols, and finishing products of vehicles used outside manufacturing equipment, the limit values of volatile organic compound content and the methods used for determination of conformity with the limit values”.
- The application forms for a permit for the exceptional marketing and use of chemicals have been established by regulation No. 40 of the Minister of the Environment of 20.10.2016 “Procedure for application for and issue of permits for use of finishing products and format of application and permit”.
The following is added to the application for a chemical permit:
- Data on the composition of the chemical in mass percentage
- Data on the place of use of the chemical (e.g. map, territory site plan, diagram) and a brief description
- Documents verifying the historical and cultural value of a building or vintage vehicle, an explanation of the purpose of the building or vehicle and of the operation the chemical is intended to be used for
- A brief description of the measures taken to prevent possible air, water and soil pollution when using the chemical
- A brief description of the handling of packaging waste of the chemical
- Opinion of the local government of the location, where the chemical is to be used, on the planned activity.
The Environmental Board verifies the compliance of the content of the submitted application materials with the established requirements and makes a decision on issuing or refusal to issue the permit within 30 days as of the date of receiving the application for the permit.
If the application does not meet the requirements established in Regulation No. 40 of the Minister of the Environment of 20.10.2016 or the data submitted in the application materials are not sufficient for processing the application, the Environmental Board sets a deadline for the elimination of deficiencies or submission of specifying data, and informs the applicant by post within seven days after the discovery of deficiencies. The 30-day term for processing a permit is extended by the term set for the elimination of deficiencies or submission of specifying data.
If the applicant has not eliminated the deficiencies within the specified term or submitted specifying data, the application shall not be reviewed and the Environmental Board shall notify the applicant thereof within seven days as of the expiry of the term given for the elimination of deficiencies or submission of specifying data.
The issuer of permit may refuse to issue the permit if:
- The applicant for the permit has submitted inaccurate information
- The buildings or vintage vehicles for the restoration or maintenance of which the permit is applied for does not have historical and cultural value
- The applicant is unable to prove that the use of other chemicals is technically impossible or economically inexpedient
- The quantity of the chemicals applied for is unreasonably big taking into consideration the intended restoration or maintenance
- The emissions of the pollutants released upon use of the chemicals may, based on a preliminary estimate of the Environmental Board or local governments, cause the exceeding of the average hourly limit value of ambient air pollution in densely populated areas
- The applicant does not use the best available techniques
- The use of the chemicals puts a serious risk on human health or the environment.
For the purpose of monitoring, the person who obtained the permit for exceptional marketing and use of the chemicals shall provide the Environmental Board with written information concerning the marketed or used chemicals no later than within 30 days as of the termination of the operations.
THE INFORMATION ON THE OPERATION SHALL CONTAIN THE FOLLOWING DATA:
- The name, personal identification code or registry code and place of residence or seat of the person
- The subcategory of the chemical and the name of the operations involving such chemical
- The date of the initiation and termination of the operations
- The quantity of the chemical in kilograms
- The maximum volatile organic compounds content in grams per litre of the chemical.
Last updated: 01.12.2022
