30.4.2004 Official Journal of the European Union L 143/87 THE 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 EUROPEAN  PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: ey 4 Directive 2001/81/EC of the European Parliament and the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (°) sets national ceilings for emissions of certain pollutants, including volatile organic compounds (hereinafter: ‘VOCs), to be attained by 2010 as part of the Community’s integrated strategy to combat acidification and ground-level ozone, but does not include limit values for emissions of those pollutants from specific sources. In order to comply with the national ceiling for emissions of VOCs, Member States have to target a number of different categories of sources of these emissions. This Directive complements measures taken at national level in order to ensure compliance with the ceiling for emissions of VOCs. In the absence of Community provisions, legislation in the Member States imposing limit values for VOCs in () O] C 220, 16.9.2003, p. 43. (%) Opinion of the European Parliament of 25 September 2003 (not yet published in the Official Journal), Council Common Position of 7 January 2004 (O] C 79 E, 30.3.2004, p. 1), and Position of the European Parliament of 30 March 2004 (not yet published in the Official Journal). () OJ L 309, 27.11.2001, p. 22. (10) certain categories of products might differ. Such disparities, together with the absence of such legislation in some Member States, would be liable to create unnecessary barriers to trade and distortion of competition within the internal market. National laws and provisions which, for the purposes of combating ground-level ozone, establish limit values for the content of VOCs in the products covered by this Directive therefore need to be harmonised in order to ensure that they do not restrict the free movement of these products. Since the objective of the proposed action, namely reducing emissions of VOCs, cannot be sufficiently achieved by the Member States, because emissions of VOCs in one Member State affect air quality in other Member States and reductions of VOC emissions can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective. The VOC content of paints, varnishes and vehicle refinishing products gives rise to significant emissions of VOCs into the air, which contribute to the local and transboundary formation of photochemical oxidants in the boundary layer of the troposphere. The VOC content of certain paints and varnishes and vehicle refinishing products should therefore be reduced as much as is technically and economically feasible taking into account climatic conditions. A high level of environmental protection requires the setting and achievement of content limit values for VOCs used in products covered by this Directive. Provision should be made for transitional measures for products produced before the requirements of this Directive come into force.