EN    EN                                                                                                                                                                                
 
 EUROPEAN COMMISSION 
Brussels, XXX   
xxxx 
[…](2011) XXX  draft 
  
COMMISSION DIRECTIVE ../…/EU 
of XXX  
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 labellin g provisions to 
Regulation (EC) No 1272/2008 on  classification, labelling and packaging of substances 
and mixtures  
 EN 2   EN COMMISSION DIRECTIVE ../…/EU 
of XXX 
amending Council Directive 75/324/EEC on th e 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 on classification , labelling and packaging of substances 
and mixtures  
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
1, and in particular Article 5 thereof, 
Whereas: (1) Directive 75/324/EEC provides for the classification of ae rosol dispensers as “non-
flammable”, “flammable” or “extremely flammable”, accord ing 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 Counc il Directive 67/548/EEC  of 27 June 1967 on 
the approximation of the laws, regulations a nd administrative provisions relating to the 
classification, packaging and labelling of dangerous substances
2.  
(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 mixtures3 
provides for the harmonisation of the classi fication 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. 
(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, re gulations and administ rative provisions of 
the Member States relating to  the classification, packaging and labelling of dangerous 
preparations4 as from 1 June 2015. It is therefor e necessary to ad apt the labelling 
provisions of Directive 75/ 324/EEC to that Regulation. 
                                                 
1 OJ L 147, 9.6.1975, p. 40. 
2 OJ L 196, 16.8.1967, p.1. 
3 OJ L 353, 31.12.2008, p.1. 
4 OJ L 200, 30.7.1999, p.1. EN 3   EN (4) In accordance with Regulation (EC) No 1272/2008, a distinction should be made 
between the date of applicability of na tional transposition provisions for aerosol 
dispensers containing a single substance a nd the date of applicability of national 
transposition provisions fo r aerosol dispensers containing mixtures. However, 
manufacturers of aerosol dispensers contai ning mixtures should be allowed to apply 
the labelling requirements of this Di rective 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 tran sitional 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 re-labelling. 
(6) The measures provided for in this Directiv e 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: 
Article 1 
 Amendments to Directive 75/324/EEC 
(1) In Article 8, paragraph 1 is amended as follows: 
(a) The introductory sentence is replaced by the following: 
“Without prejudice to Regulation (E C) No 1272/2008, each aerosol dispenser 
or, where particulars cannot  be put on the aerosol di spenser due to its small 
dimensions (maximum capacity of 150 ml or less) a label attached thereto must 
bear the following particul ars in visible, legible and indelible characters: 
(b) Point (d) is replaced by the following: 
“(d) the details referred to in point 2.2 of the Annex,”. 
(2) The Annex to Directive 75/324/EEC is amended as follows: 
(a) In point 1, the following poi nts 1.7a and 1.7bis are inserted: 
“1.7a. Substance 'Substance' means substance as defined in  Article 2(7) of Regulation (EC) No 
1272/2008. 
1.7bis. Mixture 'Mixture' means mixture as defined in Article 2(8) of Re gulation (EC) No 
1272/2008”. 
(b) Point 2.2 is replaced by the following: EN 4   EN  “2.2. Labelling 
Without prejudice to Regulation (E C) No 1272/2008, each aerosol dispenser 
must visibly bear the following legible and indelible marking: 
(a) Whatever its contents: 
(i) the hazard statement H229: “Pre ssurised container: May burst if 
heated”; 
 (ii) the precautionary statements P 210 and P251 provided for in Part 1, 
Table 6.2 of Annex IV to Regulation (EC) No 1272/2008; 
 (iii) the precautionary statement P410 + P412 provided for in Part 1, 
Table 6.4 of Annex IV to Regulation (EC) No 1272/2008;  
 (iv) the precautionary statement P102 provided for in Part 1, Table 6.1 
of Annex IV to Regulation (EC) No 1272/2008, where the aerosol dispenser is a consumer product; 
 (v) any additional operating precauti ons which alert consumers to the 
specific dangers of the product; if the aerosol dispenser is 
accompanied by separate instructions for use, the latter must also reflect such operating precautions. 
b) Where the aerosol is classified as "non-flammable" according to the 
criteria of point 1.9, the signal word "Warning".  
(c) Where the aerosol is classified as  “flammable” according to the criteria 
of point 1.9, the signal word “Warning" and the other label elements for "Flammable Aerosols Category 2"  provided for in Table 2.3.2 of 
Annex I to Regulati on (EC) No 1272/2008. 
(d) Where the aerosol is classified as “extremely flammable” according to   
the criteria of point 1.9,  the signal word “Dange r" and the other label 
elements for "Flammable Aerosols Category 1" provided for in Table 
2.3.2 of Annex I to Regulation (EC) No 1272/2008. 
  (c) Point 2.3 is deleted.  
Article 2 
 Transitional provisions 
1. By way of derogation from the third subpara graph of Article 3(1), aerosol dispensers 
containing mixtures may be labelled in accordance with Article 1 before 1 June 
2015.  
2. By way of derogation from the third subpara graph of Article 3(1), aerosol dispensers 
containing mixtures and placed on the market  before 1 June 2015 are not required to 
be relabelled in accordance with Article 1 until 1 June 2017.  EN 5   EN Article 3 
 Transposition 
1. Member States shall adopt and publish, by [12 months after adoption/1 January 
2014] at the latest, the laws, regulations and administrative provisions necessary to 
comply with this Directive. They sha ll forthwith communicate to the Commission 
the text of those provisions. 
They shall apply those provision s from [3 months after the da te referred to in the first 
subparagraph] as regards aerosol di spensers containing a substance.  
They shall apply those provisions from 1 June 2015 as regards aerosol dispensers 
containing mixtures.  
When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 4 
 Entry into force 
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union . 
This Directive is addressed to the Member States. Done at Brussels,  
 For the Commission 
 On behalf of the President  Antonio TAJANI  Vice-President