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Paints – EUOSS

Paints

Tariff classification

Chapter 32 of the Harmonized System (HS) code, which covers “Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other coloring matter; paints and varnishes; putty and other mastics; inks.”[1]

The most common subheadings for paints are:

  1. HS Code 3208: Paints and varnishes based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium.
  2. HS Code 3209: Paints and varnishes based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium.
  3. HS Code 3210: Other paints and varnishes (including enamels, lacquers, and distempers).

[1] https://www.tariffnumber.com/2024/32

Paints
Possible EU  requirementsEU legislationMeasureNational legislation Competent authoritiesOther requirementsNotes :
REACHRegulation (EC) No 1907/2006[1]  Registration of chemical substances with ECHA if imported >1 tonne/year Ministry of Labour, Welfare and Social Insurance Remarks:  Paints might be subject to specific regulations due to their chemical composition and potential environmental and health impacts
Classification, Labelling and Packaging (CLP)Regulation (EC) No 1272/2008[2]Proper labelling with hazard pictograms, signal words, hazard and precautionary statements    
Volatile Organic Compounds (VOCs)Directive 2004/42/CE[3]VOC content limits vary by paint type    
Biocidal ProductsRegulation (EU) No 528/2012[4]Required for paints containing biocidal substances    
Safety Data Sheets (SDS)Regulation (EC) No 1907/2006[5]SDS required for each paint product as per REAC, Article 31 and Annex II    
PackagingDirective 94/62/EC[6]Child-resistant fastenings and tactile warnings may be required    
Restricted SubstancesRegulation (EC) No 1907/2006[7]Restrictions on lead carbonates, lead sulphates, mercury compounds, cadmium and its compounds    
Product-Specific Standards EN 13300 for interior paints and varnishes. EN 1062 for exterior paints and varnishes    
CE MarkingRegulation (EU) No 305/2011[8]Required for paints considered construction products, such as fire-retardant paints.    
Declaration of Performance (DoP)Construction Products Regulation (EU) No 305/2011[9]Required for paints under the Construction Products Regulation    
Environmental Considerations Eco-labels like EU Ecolabel may be advantageous    
Transport and Storage May require compliance with ADR regulations[10]    
Taxation Might be subject to VAT and potentially other taxes upon entering the government-controlled areas    
Technical Documentation Detailed technical data sheets required    
Traceability A system ensuring the traceability of the paints back to their manufacturer    
Proof of originCouncil Regulation (EC) No 866/2004 (GL Regulation)[11]Provide proof of origin    

[1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32011R0305&qid=1723201239952

[2] Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance)

OJ L 353, 31.12.2008, p. 1–1355.

Current consolidated version: 01/12/2023 https://eur-lex.europa.eu/eli/reg/2008/1272/oj

[3] Directive 2004/42/CE of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC

OJ L 143, 30/04/2004, p. 87–96 ; Latest consolidated version: 16/07/2021 : https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004L0042&qid=1728107831801

[4] Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products Text with EEA relevance

OJ L 167, 27.6.2012, p. 1–123

Legal status of the document: In force: This act has been changed. Current consolidated version: 11/06/2024, https://eur-lex.europa.eu/eli/reg/2012/528/oj

[5] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32011R0305&qid=1723201239952

[6] European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste

OJ L 365, 31.12.1994, p. 10–23

Legal status of the document – In force: This act has been changed. Current consolidated version: 04/07/2018, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A31994L0062

[7] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32011R0305&qid=1723201239952

[8] Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC Text with EEA relevance

OJ L 88, 4.4.2011, p. 5–43

Current consolidated version: 16/07/2021, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32011R0305

[9] Ibid.

[10] The Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) was done at Geneva on 30 September 1957 under the auspices of the United Nations Economic Commission for Europe, and it entered into force on 29 January 1968. The Agreement itself was amended by the Protocol amending article 14 (3) done at New York on 21 August 1975, which entered into force on 19 April 1985. https://unece.org/about-adr

[11] Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol No 10 of the Act of Accession

OJ L 161, 30.4.2004, p. 128–143

Legal status of the document – In force: This act has been changed. Current consolidated version: 31/08/2015

https://eur-lex.europa.eu/eli/reg/2004/866/oj.