COUNCIL DIRECTIVE of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (75/324/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee (2);
Whereas, in certain Member States, aerosol dispensers are required to comply with certain mandatory technical specifications ; whereas such specifications differ from one Member State to another and, by so doing, hinder trade within the Community;
Whereas these barriers to the establishment and functioning of the common market can be removed if all the Member States adopt the same specifications, either in addition to or in place of those laid down in their present laws, and whereas these specifications must relate, more particularly, to the manufacture, filling and nominal capacities of aerosol dispensers;
Whereas, at the present stage of technical progress, the field of application of this Directive should be limited to aerosol dispensers made of metal, glass or plastic;
Whereas the technical specifications listed in the Annex to this Directive will need to be promptly adapted in line with technical progress ; whereas, to facilitate the implementation of the appropriate necessary measures, a procedure should be laid down for close cooperation between the Member States and the Commission within a Committee on the adaptation to technical progress of the Directive on aerosol dispensers;
Whereas it is possible that some aerosol dispensers placed on the market may represent a safety risk even though they satisfy the requirements of this Directive and of the Annex thereto ; whereas a procedure should therefore be laid down to obviate this risk,
HAS ADOPTED THE FOLLOWING DIRECTIVE:
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. (1)OJ No C 83, 11.10.1973, p. 24. (2)OJ No C 101, 23.11.1973, p. 28.
Article 5
The amendments required to adapt to technical progress the Annex to this Directive shall be adopted according to the procedure laid down in Article 7.
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.
2. The Committee shall adopt its rules of procedure.
Article 7
1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Committee by its Chairman, either on his own initiative or at the request of the representative of a Member State.
2. The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a period of two months. Opinions shall be adopted by a majority of 41 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.
3. (a) The Commission shall adopt the proposed measures where they are in accordance with the Opinion of the Committee.
(b) Where the proposed measures are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall act by a qualified majority.
(c) If the Council has not acted within three months of the proposal's being submitted to it, the proposed measures shall be adopted by the Commission.
Article 8
1. Without prejudice to other Community Directives, in particular to Directives on dangerous substances and preparations, 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: (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,
(d) the details referred to in point 2.2 of the Annex,
(e) the net contents by weight and by volume.
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).
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.
3. If the Commission is of the opinion that technical adaptations to the Directive are necessary, such adaptations shall be adopted by either the Commission or the Council in accordance with the procedure laid down in Article 7. In that case, the Member State having adopted safeguard measures may maintain them until the entry into force of the adaptations.
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.
Done at Brussels, 20 May 1975.