SUBMISSION OF MEMBER STATES REPORT REFERRED TO IN ARTICLE 7 OF DIRECTIVE 2004/42/EC FOR THE YEAR 2015

General notes:

a)Replies to the questions in this questionnaire should cover the period 1 January – 31 December 2015

b)Some questions may require several answers.

1. General information

Country / Slovenia /
Reporting period / 1/1/2015 – 31/12/2015
* 1/1/2014-31/12/2014
Name of Organisation / Chemicals Office of the Republic of Slovenia /
Contact person / Mag. Alojz Grabner /
Postal address / Ajdovščina 4, 1000 Ljubljana /
E-mail address / /
Phone number / +386 1 400 62 66 /

2. Competent authority (Article 5)

2.1 Name of the competent authority (or authorities) responsible for the following:

a) establishing, coordinating and managing the monitoring programme (at national level) / Slovenian Environment Agency
b) carrying out inspections and checks in the field (at national, regional or local level) / Chemicals Office of the Republic of Slovenia /
c) ensuring enforcement of the provisions transposing Directive 2004/42/EC / Chemicals Office of the Republic of Slovenia

2.2 If more than one competent authority is named above, please list the measures taken to ensure the consistent implementation of Directive 2004/42/EC throughout the entire territory

The monitoring of the records on the products sold on national territory is governed by thee Decree on environmental tax for environmental pollution due to use of volatile organic compounds. Under this Decree, producers and traders are obliged to declare their activity to the Financial Administration of the Republic of Slovenia and, every six months, to pay tax on the basis of the quantity of products sold and their VOC content. Tax is payable for paints and varnishes and products for lacquering motor vehicles. Bases for charging tax are annual compensation (400 euros per year) and environmental pollution unit (0,001 euros). Tax payers are producers and acquirers from EU countries or from third countries if their annual quantity of acquired or produced above mentioned products exceeds 150 kg.
Slovenian Environment Agencyissues Solvent Emissions Activities permits. Solvent Emissions Activities are permitted and inspected. The exempted products can be sold only to the operators with Solvent Emissions Activities permits.
The second part is the verification of the content of organic solvents in products, i.e. the authenticity of the label, which is governed by the Decree on limit contents of volatile organic compounds in certain paints and varnishes and vehicle refinishing products.

3. Monitoring programme (Article 6)

3.1 Provide a copy of the national monitoring programme, or a link to the website where this programme is available

Copy provided / No /
Link to the website / Chemicals Office of the Republic of Slovenia prepares plans for activities in the field of VOC (sampling/analyzing) for every second year (2014, 2016). Therefore, in 2015 there were no planned or performed inspections focused on VOC. It was only one as a part of inspections regarding other regulations and combined with VOC Directive checking. In 2014, it was performed sampling and analyzing of 10 products in 10 companies, as well as the labeling inspection of the products.

3.2 Provide an overview of the national monitoring programme, or provide a link to the website where the relevant information is available, indicating the following:

a) how operators are selected for inspection

Every sampling/analizing is based on the data provided by the Financial Administration of the Republic of Sloveniawhich collects the data on products according the DIRECTIVE 2004/42/EC that were produced or/and put on the market of the Republic of Slovenia. These data cover companies, quantities as well as types of products in accordance with Annex I and II to the Directive.
Products for sampling/analizing are selected in order to cover all diferrent operators (not yet inspected, importers, producers, distributors), as well as to cover different products categories and subcategories.
Link: / Click here to enter the link.

b) how the manner of inspection is decided (e.g. site visits, remote checks)

Companies that were non-compliantin past and products found as non-compliant demand on-site inspections. After sampling and analyzing the label of product checked on-site, the operator is inspected.
Remote checks are done in cases of getting information on incorrect labeling and are followed by on-siteinspection in case of real irregularities.
Link / Click here to enter link.

c) how the inspection frequency is decided

Following the financial plan of Chemicals Office of the Republic of Slovenia, sampling and analyzingis done every 24 months and involves products ofproducers,importers and distributors.
Not planned inspections follow the on-site situation (e.g. not adequate labeled product found duringothers activities/inspections).
Link / Click here to enter link

d) whether distinction is made between large and small operators

Activites always cover diferrent types of economic operators, bearing in mind to cover large and small operators.
Link: / Click here to enter link.

e) the estimated market share that the monitoring programme is intended to check in any given year

0 - 25%

f) any other pertinent features ensuring the effective and efficient operation of the monitoring programme

Click here to enter text.
Link: / Click here to enter link.

3.3 Application of the monitoring programme

Manufacturers / Importers / Wholesalers / Retailers / Others
(please specify)
a) Are the followingcategories of operators covered by the monitoring programme? / No / No / Yes / No / Click here to enter text. /
b) How are the inspections scheduled / No inspections / No inspections / Other (please specify) / No inspections / among other obligations of company also VOC was inspected /
c) Is notice given prior to inspecting the premises? / Not applicable / Not applicable / Not applicable / Not applicable / Click here to enter text. /
d) What is the frequency of inspection? / Less than once per year / Less than once per year / Less than once per year / Less than once per year / Click here to enter text. /

3.4: (Optional) Provide an estimate of the following:

a) The total estimated number of staff involved in monitoring and control / 1 inspector /
b) The qualifications of staff involved in monitoring and control / M.SC. /
c) The estimated monitoring costs (in euro) per year (personnel, sampling and analysing, checks on labelling, enforcement, other costs) / Click here to enter the cost in euro. /

4. Results of actions carried out under the monitoring programme (Article 7) *

4.1 Results of actions taken under the INSPECTION programme in 2014([1], [2])

Manufacturers / Importers / Wholesalers / Retailers / Others (please specify) / Total
A. Estimated total number of premises In the country / Click here to enter number / Click here to enter number / 1 / 9 distributors / 10 /
B. Estimated annual quantity of products on the market within the scope of the Directive (indicate units of weight or volume) / 2387841 kg in year 2015 /
C. Number of premises inspected:
C1. For VOC content and label / Click here to enter number / Click here to enter number / Click here to enter number / 1 / 9 / 10 /
C2. For VOC content only / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number /
C3. For label only / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number /
C4. Total number of premises inspected
(i.e. C1 + C2 + C3) / Click here to enter number / Click here to enter number / Click here to enter number / 1 / 9 / 10 /
D. For the premises inspected for VOC content (i.e. C1 + C2):
D1. Number of product samples analysed by an accredited third-party laboratory (using the analytical methods set out in Annex III to the Directive) / Click here to enter number / Click here to enter number / Click here to enter number / 1 / 9 / 10 /
D2. Number of product samples analysed by the operator (using the analytical methods set out in Annex III to the Directive) / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number /
D3. Number of product samples analysed by other means (please specify) / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number /
D4. Total number of product samples analysed (i.e. D1 + D2 + D3) / Click here to enter number) / Click here to enter number / Click here to enter number ) / 1 / 9 / 10 /
D5. Number of product samples analysed, which were non - compliant with the VOC limits for paints and varnishes inPart A of Annex II to the Directive / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / 0 /
D6. Number of product samples analysed, which were non - compliant with the VOC limits for vehicle refinishing products in Part B of Annex II to the Directive / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / 0 /
E. For the premises inspected for labels (i.e. C1 + C3):
E1. Number of labels checked by on-site visual inspection / Click here to enter number / Click here to enter number / Click here to enter number / 1 / 9 / 10 /
E2. Number of labels checked by submission of labels to the designated competent authority / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number /
E3. Number of labels checked byother means (please specify) / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number /
E4. Total number of labels checked
(i.e. E1 + E2 + E3) / Click here to enter number / Click here to enter number / Click here to enter number / 1 / 9 / 10 /
E4. Number of labels inspected, which were not complying with the labelling requirements in Article 4 of the Directive / Click here to enter number / Click here to enter number / Click here to enter number / Click here to enter number / 2 / 2 /

Comments:

In 2015, it have been conducted 6 inspections by Financial Administration of the Republic of Slovenia in which it was verified the correctness of environmental tax charged for the products on the market.

4.2 In cases of identified non-compliance :

What actions have subsequently been taken by the competent authorities in order to restore compliance with Directive 2004/42/EC:

Order and the deadline to correct the label.

5. Product exemptions (Article 3(2))

5.1 Have you used the derogation regime provided for in Article 3(2) of Directive 2004/42/EC

Yes /

5.2 If yes indicate :

a) Number of product exemptions granted during the reporting period / Approximately 100 operators with Solvent Emissions Activities permits are exempt from compliance. /
b) Activities where these exempted products used
(refer to the activities listed in Part 1 of Annex VII to Directive 2010/75/EU) / All activities as listed in Part 1 of Annex VII to Directive 2010/75/EU are exempted. /
c) The estimated quantity of exempted products during the reporting period (according to the classification listed in Annex I to Directive 2004/42/EC) / Unknown /
d) Kind of controls established to ensure that exempted products are not used by unauthorised installations / Solvent Emissions Activities are permitted and inspected. The exempted products can be sold only to the operators with Solvent Emissions Activities permits. /

6. Other relevant information

Provide any additional relevant comments, suggestions or information pertinent to implementation of Directive 2004/42/EC

In 2015, Chemicals Office of the Republic of Slovenia did not carry outplanned inspectionson Directive 2004/42/EC. It was planned and done in 2014 and being carried out in 2016.
Decree on limit contents of volatile organic compounds in certain paints and varnishes and vehicle refinishing products (Official Gazette of the Republic of Slovenia No. 93/10)
Decree on environmental tax for environmental pollution due to use of volatile organic compounds (Official Gazette of the Republic of Slovenia Nos 122/07 and 16/09)

[1] Estimates of the number of inspections of the VOC content, and the observed percentage of non-compliance with the limits set out in Annex II to Directive 2004/42/EC at the level of the Member State, may be based on extrapolation of information from a relevant number of authorities. If an extrapolation is used, this should include an overview of how it was carried out.

[2]Enter '0' in the Table if no inspections or checks were carried out.