Council Directive of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (75/324/EEC)

• Published date: 09 June 1975
• Official Gazette Publication: Official Journal of the European Communities, L 147, 9 June 1975

01975L0324 — EN — 12.02.2018 — 008.001

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►B COUNCIL DIRECTIVE of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (75/324/EEC) (OJ L 147 9.6.1975, p. 40)

Amended by:

		Official Journal
		No	page	date
M1	COMMISSION DIRECTIVE 94/1/EC of 6 January 1994	L 23	28	28.1.1994
►M2	COUNCIL REGULATION (EC) No 807/2003 of 14 April 2003	L 122	36	16.5.2003
►M3	COMMISSION DIRECTIVE 2008/47/EC Text with EEA relevance of 8 April 2008	L 96	15	9.4.2008
►M4	REGULATION (EC) No 219/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2009	L 87	109	31.3.2009
►M5	COMMISSION DIRECTIVE 2013/10/EU Text with EEA relevance of 19 March 2013	L 77	20	20.3.2013
►M6	COMMISSION DIRECTIVE (EU) 2016/2037 Text with EEA relevance of 21 November 2016	L 314	11	22.11.2016

Amended by:

A1	ACT concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties	L 291	17	19.11.1979
A2	ACT concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties	L 302	23	15.11.1985

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▼B

COUNCIL DIRECTIVE

of 20 May 1975

on the approximation of the laws of the Member States relating to aerosol dispensers

(75/324/EEC)

Article 1

This Directive shall apply to aerosol dispensers as defined in Article 2, with the exception of those with a maximum capacity of less than 50 ml, and those with a maximum capacity greater than that specified in points 3.1, 4.1.1, 4.2.1, 5.1 and 5.2 respectively of the Annex to this Directive.

Article 2

For the purpose of this Directive, the term ‘aerosol dispenser’ shall mean any non-reusable container made of metal, glass or plastic and containing a gas compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state.

Article 3

The person responsible for the marketing of aerosol dispensers shall affix the symbol ‘3’ (inverted epsilon) to aerosol dispensers, as proof that they satisfy the requirements of this Directive and the Annex thereto.

Article 4

The Member States may not, for reasons related to the requirements laid down in this Directive and the Annex thereto, refuse, prohibit or restrict the marketing of any aerosol dispenser which complies with the requirements of this Directive and the Annex thereto.

▼M4

Article 5

The Commission shall adopt the amendments required to adapt the Annex to this Directive to technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).

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Article 6

1. A committee on the adaptation to technical progress of the Directive on aerosol dispensers, hereinafter called the ‘Committee’, is hereby set up and shall consist of representatives of the Member States with a Commission representative as Chairman.

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Article 7

1. The Commission shall be assisted by the Committee on the Adaptation to Technical Progress of the Directive on aerosol dispensers.

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2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

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Article 8

▼M5

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

(a)the name and address or trade mark of the person responsible for marketing the aerosol dispenser,

(b)the symbol ‘3’ (inverted epsilon) certifying conformity with the requirements of this Directive,

(c)code markings enabling the filling batch to be identified,

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(d)the details referred to in point 2.2 of the Annex,

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(e)the net contents by weight and by volume.

▼M3

1a. Where an aerosol dispenser contains flammable components as defined in point 1.8 of the Annex but the aerosol dispenser is not considered as ‘flammable’ or ‘extremely flammable’ according to the criteria set out in point 1.9 of the Annex, the quantity of flammable material contained in the aerosol dispenser must be stated clearly on the label, in the form of the following legible and indelible wording: ‘X % by mass of the contents are flammable’.

▼B

2. Member States may make the marketing of aerosol dispensers in their territory conditional on the use of their national language or languages for the wording on the label.

Article 9

Member States shall take all necessary measures to prevent the use on aerosol dispensers of markings or inscriptions which might be confused with the symbol ‘3’ (inverted epsilon).

▼M3 —————

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Article 10

1. If a Member State notes, on the basis of a substantive justification, that one or more aerosol dispensers, although complying with the requirements of the Directive, represent a hazard to safety or health, it may provisionally prohibit the sale of the dispenser or dispensers in its territory or subject it or them to special conditions. It shall immediately inform the other Member States and the Commission thereof, stating the grounds for its decision.

2. The Commission shall, within six weeks, consult the Member States concerned, following which it shall deliver its opinion without delay and take the appropriate steps.

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3. The Commission may adopt necessary technical adaptations of this Directive. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).

In that case, the Member State having adopted safeguard measures may maintain them until the entry into force of the adaptations.

▼B

Article 11

1. The Member States shall bring into force the provisions necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.

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

Article 12

This Directive is addressed to the Member States.

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ANNEX

1. DEFINITIONS

1.1. Pressures

‘Pressures’ means the internal pressures expressed in bars (relative pressures).

1.2. Test pressure

‘Test pressure’ means the pressure to which an unfilled aerosol dispenser container may be subjected for 25 seconds without any leakage being caused or, in the case of metal or plastic containers, any visible or permanent distortion except as allowed under 6.1.1.2.

1.3. Bursting pressure

‘Bursting pressure’ means the minimum pressure which causes the aerosol dispenser container to burst or rupture.

1.4. Total capacity of the container

‘Total capacity of the container’ means the volume in millilitres of an open container up to the rim of the opening.

1.5. Net capacity

‘Net capacity’ means the volume in millilitres of a filled and closed aerosol dispenser.

1.6. Volume of liquid phase

‘Volume of liquid phase’ means the volume of the non-gaseous phases in the filled and closed aerosol dispenser.

1.7. Test conditions

‘Test conditions’ means the values of test and bursting pressures exerted hydraulically at 20° C (± 5° C).

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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.

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1.8. Flammable contents

Contents of aerosols shall be considered as flammable if they contain any component which is classified as flammable:

(a)flammable liquid means a liquid having a flashpoint of not more than 93 °C.

(b)flammable solid means a solid substance or mixture which is readily combustible, or may cause or contribute to fire as a result of friction. Readily combustible solids are powdered, granular, or pasty substances or mixtures which are dangerous if they can be easily ignited by brief contact with an ignition source, such as a burning match, and if the flame spreads rapidly.

(c)flammable gas means a gas or gas mixture having a flammable range with air at 20 °C and a standard pressure of 1,013 bar.

This definition does not cover pyrophoric, self-heating or water-reactive substances and mixtures, which shall never be components of aerosol contents.

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1.9. Flammable aerosols

For the purpose of this Directive, an aerosol is considered as ‘non-flammable’, ‘flammable’ or ‘extremely flammable’ according to its chemical heat of combustion and mass content of flammable components, as follows:

(a)The aerosol is classified as ‘extremely flammable’ if it contains 85 % or more flammable components and the chemical heat of combustion exceeds or is equal to 30 kJ/g;

(b)The aerosol is classified as ‘non-flammable’ if it contains 1 % or less flammable components and the chemical heat of combustion is less than 20 kJ/g;

(c)All other aerosols...