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The Aerosol Dispensers Regulations 2009

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This is the original version (as it was originally made).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Council Directive 1975/324/EEC on the approximation of the laws of the Member States relating to aerosol dispensers (OJ L147, 9.6.1975, p.40 – 47)(“the Directive”). The Directive has been amended by a number of instruments most recently by Commission Directive 2008/47/EC (OJ L96, 9.4.2008, p.15 – 28). The Directive was implemented by the Aerosol Dispensers (EEC Requirements) Regulations 1977 (“the 1977 Regulations”) which have also been amended by a number of regulations.

Part 1 defines words used in these Regulations and sets out the requirements which relevant aerosol dispensers must fulfil if they are to be marked with a compliance mark.

Part 2 prohibits the supply (or possession for supply) of relevant aerosol dispensers which are not marked with a compliance mark. The supply (or possession for supply) of aerosol dispensers which are marked but which do not comply with the requirements of regulation 3 is also prohibited. In addition the supply (or possession for supply) of aerosol dispensers which are deceptively marked is prohibited. Contravention of the prohibitions is an offence under section 12 of the Consumer Protection Act 1987.

Part 3 includes transitional provision to allow the supply, or possession for supply, until 28th October 2010, of aerosol dispensers which complied with the 1977 Regulations.

The Schedule revokes the 1977 Regulations and the regulations which have amended those Regulations. It also makes an amendment resulting from the revocation of the 1977 Regulations.

A transposition note and a full Impact Assessment of the effect that this instrument will have on the costs to business and the voluntary sector are available from the BIS website (www.bis.gov.uk). They are also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk). Copies have also been placed in the Libraries of both Houses of Parliament.

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