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Commission Directive 2013/10/EUShow full title

Commission Directive 2013/10/EU of 19 March 2013 amending Council Directive 75/324/EEC on the approximation of the laws of the Member States relating to aerosol dispensers in order to adapt its labelling provisions to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (Text with EEA relevance)

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Article 1Amendments to Directive 75/324/EEC

Directive 75/324/EEC is amended as follows:

(1)

in Article 8, paragraph 1 is amended as follows:

(a)

the introductory sentence is replaced by the following:

1.Without prejudice to Regulation (EC) No 1272/2008 of the European Parliament and of the Council(1), each aerosol dispenser or, where particulars cannot be put on the aerosol dispenser due to its small dimensions (maximum capacity of 150 ml or less) a label attached thereto must bear the following particulars in visible, legible and indelible characters:;

(b)

point (d) is replaced by the following:

‘(d)

the details referred to in point 2.2 of the Annex,;

(2)

the Annex is amended as follows:

(a)

in point 1, the following points 1.7a and 1.7b are inserted:

1.7a. Substance

“Substance” means substance as defined in Article 2(7) of Regulation (EC) No 1272/2008.

1.7b. Mixture

“Mixture” means mixture as defined in Article 2(8) of Regulation (EC) No 1272/2008;

(b)

in point 2, points 2.2 to 2.4 are replaced by the following:

2.2. Labelling

Without prejudice to Regulation (EC) No 1272/2008, each aerosol dispenser must visibly bear the following legible and indelible marking:

(a)

whatever its contents:

(i)

the hazard statement H229: “Pressurised container: May burst if heated”;

(ii)

the precautionary statements P210 and P251 provided for in Part 1, Table 6.2 of Annex IV to Regulation (EC) No 1272/2008;

(iii)

the precautionary statement P410 + P412 provided for in Part 1, Table 6.4 of Annex IV to Regulation (EC) No 1272/2008;

(iv)

the precautionary statement P102 provided for in Part 1, Table 6.1 of Annex IV to Regulation (EC) No 1272/2008, where the aerosol dispenser is a consumer product;

(v)

any additional operating precautions which alert consumers to the specific dangers of the product; if the aerosol dispenser is accompanied by separate instructions for use, the latter must also reflect such operating precautions;

(b)

where the aerosol is classified as “non-flammable” according to the criteria of point 1.9, the signal word “Warning”;

(c)

where the aerosol is classified as “flammable” according to the criteria of point 1.9, the signal word “Warning” and the other label elements for “Flammable Aerosols Category 2” provided for in Table 2.3.2 of Annex I to Regulation (EC) No 1272/2008;

(d)

where the aerosol is classified as “extremely flammable” according to the criteria of point 1.9, the signal word “Danger” and the other label elements for “Flammable Aerosols Category 1” provided for in Table 2.3.2 of Annex I to Regulation (EC) No 1272/2008.

2.3. Volume of the liquid phase

The volume of the liquid phase at 50 °C must not exceed 90 % of the net capacity.

Article 2Transitional provisions

1.By way of derogation from the third subparagraph of Article 3(1), aerosol dispensers containing mixtures may be labelled in accordance with Article 1 before 1 June 2015.

2.By way of derogation from the third subparagraph of Article 3(1), aerosol dispensers containing mixtures and placed on the market before 1 June 2015 are not required to be relabelled in accordance with Article 1 until 1 June 2017.

Article 3Transposition

1.Member States shall adopt and publish, by 19 March 2014 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from 19 June 2013 as regards aerosol dispensers containing a substance.

They shall apply those provisions from 1 June 2015 as regards aerosol dispensers containing mixtures.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 4Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Directive is addressed to the Member States.

Done at Brussels, 19 March 2013.

For the Commission

The President

José Manuel Barroso

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