Deco Paints (Vehicles Regulation)
Under the Regulations entitled: European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No 564 of 2012), it is an offence to operate a vehicle refinishing for repair installation without a valid certificate of compliance. Any such operators should arrange for an inspection immediately. Motor factors and paints suppliers also need to be aware it is an offence to place non-compliant vehicle refinishing products on the market.
The EPA has appointed Approved Assessors to be the inspection bodies for carrying out inspections under the regulations. From 26th September 2013 onwards the Approved Assessors for vehicle refinishers are:
New aspects of the regulations:
- View the European Union (Paints, Varnishes, Vehicle Refinishing Products & Activities) Regulations 2012 (S.I. No.564) (Word, 456 Kb)
- Cavan County Council can issue certificates of compliance for up to 3 years. However, certificates of a shorter duration may be issued if there are concerns about a specific installation (including failure to renew certificates in time).
- The application fee payable by operators to Cavan County Council is €70 for new applications (but is €50 for renewals). If an operator does not renew their certificate of compliance 28 days prior to its expiry date, they must then apply for a new certificate.
- The fine for uncertified operators is €5,000 or imprisonment for up to six months, or both.
- A copy of your certificate of compliance must be displayed in a prominent position at your premises.
Additionally, if an operator receives non-compliant materials, they must notify the EPA (Environmental Protection Agency) of this fact and take appropriate steps to minimise the risk to human health and the environment.
What will I have to do if these regulations apply to me?
Vehicle refinishers should directly engage and pay a listed assessor for the purposes of getting their premises inspected. In order to obtain a certificate of compliance from Cavan County Council, the operator must then send a compliant Approved Assessor report along with the application form (Print the vehicle refinisher application form [Word, 32KB]) and appropriate fee (payable to Cavan County Council) to the following address:
17 Farnham Street
Alternatively submission can be made electronically to firstname.lastname@example.org
Payment can be made by cash, cheque, draft, postal order, or credit / debit card for submissions made in person at the Customer Services Desk, 2nd Floor, Johnston Central Library, The Farnham Centre, Farnham Street, Cavan or sent by post to Cavan County Council, Courthouse, Cavan, H12 R6V2. If you are making an online submission, payment is made by electronic means (credit/debit card) by phoning 049 4378661 / 049 4378662
Where Can I Find Best Practice Guidelines for Vehicle Refinishing for Repair Installations?
If you have any questions or queries regarding your application for a certificate, then please get in touch using the details below.
The vehicle refinishing leaflet provides guidelines on what you need to know regarding, certificate of compliance, record keeping, product, equipment, storage, waste collection, approved assessors contact details. The document is also available in Polish. Download the Polish-language vehicle refinishing leaflet.
The following video has been produced by the EPA to assist vehicle refinisher garages meet their responsibilities under the Decorative Paints Directive.
Penalties and Enforcement
Since 28th June 2016, Local Authorities can issue fixed penalty notices (“spot fines”) in respect of alleged breaches of the EU (Paints Varnishes Vehicle Refinishing products and Activities) Regulations 2012 (“Deco Paints Regulations”) and the EU (Installations and Activities Using Organic Solvents) Regulations 2012 (“Solvent Regulations”).
The penalties are detailed below -
- €1,000 for placing a product on the market where the volatile organic compound exceeds stipulated limits (“Deco Paints Regulations”).
- €500 for placing a product on the market with deficient labelling (“Deco Paints Regulations”).
- €500 for operating an installation without a current certificate of compliance where such a certificate is required (both sets of Regulations).
The recipient of a fixed penalty notice is not legally obliged to pay the fine but if payment is received within 21 days of the date of the notice, then Cavan County Council will not instigate legal proceedings against the recipient.
However, if the recipient does not pay the fine, then Cavan County Council will prosecute him/her in the District Court.
Where court proceedings have been instigated, the maximum fine for breaches of these Regulations is €5,000, or a term of imprisonment for up to six months, or both.