3.—(1) The requisite physico-chemical properties for the classification of preparations shall be determined in accordance with the criteria set out in the approved classification and labelling guide.
(2) Subject to sub-paragraph (3), preparations shall be classified as explosive, oxidising, extremely flammable, highly flammable or flammable when they satisfy the criteria referred to in sub-paragraph (1) for the category of danger.
(3) The determination of explosive, oxidising, extremely flammable, highly flammable or flammable properties is not necessary provided that—
(a)none of the constituents possess such properties and that, on the basis of information available to the manufacturer, the preparation is unlikely to present dangers of this kind;
(b)in the event of a change in composition of a preparation of known composition, scientific evidence indicates that a reassessment of the hazards will not lead to a change in classification; and
(c)in the case of a preparation supplied in the form of an aerosol, that preparation satisfies the provisions of Article 8.1a of Council Directive 75/324/EEC(1).
O.J. No. L147, 9.6.1975, p. 40; Article 8 is amended to add paragraph 1a by Commission Directive 2008/47/EC, O.J. No. L96, 9.4.2008, p. 15