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)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers, and in particular Article 5 thereof,
OJ L 147, 9.6.1975, p. 40.
Whereas:
(1) Directive 75/324/EEC provides for the classification of aerosol dispensers as ‘non-flammable’, ‘flammable’ or ‘extremely flammable’, according to the classification criteria provided for in its Annex. Where an aerosol dispenser is classified as ‘flammable’ or ‘extremely flammable’, it must bear the flame symbol and the safety phrases S2 and S16 provided for in Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.
OJ 196, 16.8.1967, p. 1.
(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 provides for the harmonisation of the classification and labelling of substances and mixtures within the Union. It incorporates at Union level the criteria for classification and labelling of substances and mixtures provided for by the Globally Harmonised System of Classification and Labelling of Chemicals which has been adopted at the international level, within the structure of the United Nations.
OJ L 353, 31.12.2008, p. 1.
(3) Regulation (EC) No 1272/2008 will repeal and replace Directive 67/548/EEC and Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations as from 1 June 2015. It is therefore necessary to adapt the labelling provisions of Directive 75/324/EEC to that Regulation.
OJ L 200, 30.7.1999, p. 1.
(4) In accordance with Regulation (EC) No 1272/2008, a distinction should be made between the date of applicability of national transposition provisions for aerosol dispensers containing a single substance and the date of applicability of national transposition provisions for aerosol dispensers containing mixtures. However, manufacturers of aerosol dispensers containing mixtures should be allowed to apply the labelling requirements of this Directive earlier, on a voluntary basis.
(5) In accordance with Regulation (EC) No 1272/2008, and in order to avoid imposing unnecessary burdens on enterprises, a transitional period is provided for aerosol dispensers containing mixtures, labelled in accordance with the applicable provisions before 1 June 2015 and placed on the market until that date, allowing them their further marketing without relabelling.
(6) The measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directive on aerosol dispensers,
HAS ADOPTED THIS DIRECTIVE: