EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2015) XXX  draft  
  
COMMISSION DIRECTIVE (EU) …/…  
of XXX  
amending Council Directive 75/324/EEC as regards the maximum allowable pressure of 
aerosol dispensers and to adapt its labelling provisions to Regulation (EC) No 1272/2008 
of the European Parliament and of the Council  on classification, labelling and 
pack aging of substances and mixtures    
EN 2   EN COMMISSION DIRECTIVE (EU) …/…  
of XXX  
amending Council Directive 75/324/EEC as regards the maximum allowable pressure of 
aerosol dispensers and to adapt its labelling provisions to Regulation (EC) No 1272/2008 
of the European Parliament and of the Council  on classification, labelling and 
pack aging 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 dispensers1, and in particular Article 5 thereof,  
Whereas:  
(1) Directive 75/324/EEC lays down rules for the placing on the market of aerosol 
dispensers. It harmonises the safety requirements for aerosol dispensers, including the 
requirements relating to the nominal capacities, filling and other pressure hazards and 
labelling requirements of aerosol dispensers falling within its scope and placed on the 
market under the provisions of that Directive.  
(2) Technical progress and innovation led in the recent years to the development of 
aerosol dispensers with innovative non -flammable propellants, mainly compressed 
gases as nitrogen, compressed air or carbon dioxide. However, the current maximum 
allowable pressure of aerosol dispensers provided for by Directive  75/324/EEC limits 
the development of aerosol dispensers with non -flammable propellants as it negatively 
affects the spray effectiveness of such aerosol dispensers throughout their lifetime. 
More particularly, the drop of pressure of such aerosol dispenser s during their use 
results to a less efficient yield of contents and to a noticeable deterioration in their 
performance.  
(3) Commission Directive 2008/47/EC2 increased the maximum allowable pressure of 
aerosol dispensers with a non -flammable propellant from 12  to 13,2 bar, which was at 
the time the maximum pressure limit allowing to guarantee safety. However, further 
technical progress and innovation makes possible a new  adaptation of that limit  
without affecting the safety of those aerosol dispensers. It is th erefore  possible to 
allow a new increase in order to improve the delivery rate and the spray quality of 
such aerosol dispensers placed on the market, providing  thus a wider and more 
effective choice to consumers . 
(4) The increase in the allowable pressure of a erosol dispensers with a non -flammable 
propellant  would provide a wider choice for manufacturers and thus the possibility to 
use such aerosol dispensers for more applications. It would therefore allow to switch 
as far as possible from flammable to non -flammable propellants , improving thus the 
                                                 
1 OJ L 147, 9.6.1975, p. 40.  
2 Commission Directive 2008/47/EC  of 8 April 2008 amending for the purposes of adapting to technical 
progres s, Council Directive 75/324/EEC on the approximation of the laws of the Member States 
relating to aerosol dispen sers(OJ L96, 9.4.2008, p.15 ).  
EN 3   EN efficiency and the environmental performance of aerosol dispensers and guarantee at 
the same time the current safety levels provided for by Directive 75/324/EEC.  
(5) Regulation (EC) No 1272/2008 of the European Parliament and of the Council3 
provides for the harmonisation of the classification and labelling of substances and 
mixtures within the Union. Although the labelling provisions of Directive 75/324/EEC 
have already been aligned to that Regulation by Commission Directi ve 2013/10/EU4, a 
further adaptation is necessary so as to take into account the subsequent modifications 
provided for by Commission Regulation (EU) No 487/2013.5 It is therefore 
appropriate to increase legal clarity and coherence with the labelling requir ements of 
Regulation (EC) No 1272/2008 without however imposing any new obligations.  
(6) Directive 75/324/EEC should therefore be amended accordingly.  
(7) As the increase of the maximum allowable pressure of aerosol dispensers with non -
flammable propellants would not result  to any new obligations for manufacturers but it 
only provides for an additional option in case of use of non -flammable propellants, it 
is not necessary to provide for a transitional period.  
(8) It is necessary to ensure that the new legislation applies as from the same date for all 
Member States, independently of the date of transposition.  
(9) The measures provided for in this Directive are in accordance with the opinion of the 
Committee on the Adaptation to Technical Progress of the Directive on aer osol 
dispensers,  
HAS ADOPTED THIS DIRECTIVE:  
Article 1  
 Amendments to Directive 75/324/EEC  
  The Annex to Directive 75/324/EEC is amended as follows:  
(a)  Point 2.2 is replaced by the following:  
'2.2. Labelling  
Without prejudice to Regulation (EC) No 1272/ 2008, each aerosol dispenser 
must visibly bear the following legible and indelible marking:  
(a) where the aerosol is classified as "non -flammable" according to the 
criteria of point 1.9, the signal word "Warning" and the other label 
elements for Aerosols C ategory 3 provided for in Table 2.3.1 of Annex I 
to Regulation (EC) No 1272/2008 ; 
(b) 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 
Aerosols Category 2 prov ided for in Table 2.3.1 of Annex I to Regulation 
(EC) No 1272/2008 ; 
                                                 
3 Regulation (EC) No 1272/2008 of the E uropean Parliament and of the Council of 16 December 2008 on 
classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p.1 ). 
4 Commission Directive 2013/10/EU of 19 March 2013 amending Council Directive 75/324/EEC in 
order t o adapt its labelling provisions to Regulation (EC) No 1272/2008( OJ L 77, 20.3.2013, p.20 ). 
5 Commission Regulation (EU) No 487/2013 of 8 May 2013 amending, for the purposes of its adaptation 
to tech nical progres s Regulation (EC) No 1272/2008 (OJ L 149, 1.6 .2013, p.1 ).  
EN 4   EN (c) where the aerosol is classified as “extremely flammable” according to the 
criteria of point 1.9, the signal word “Danger" and the other label 
elements for Aerosols Category 1 provided for in Table 2.3.1 of Annex I 
to Regulation (EC) No 1272/2008" ; 
(d) where the aerosol dispenser is a consumer product, the precautionary 
statement P102 provided for in Part 1, Table 6.1 of Annex IV to 
Regulation (EC) No 1272/2008 ; 
(e) any additional operat ing precautions 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) Point 3.1.2 is replaced by the following:  
'3.1.2  The pressure at 50 °C in the aerosol dispenser must not exceed the values 
provided for in the following table, depending upon the content of gases in the 
aerosol dispenser:  
Content of gases  Pressure at 50 °C  
Liquefied gas or mixture of gases having a flammable range 
with air at 20 °C and a standard pressure of 1.013 bar  12 bar  
Liquefied gas or mixture of gases not having a flammable 
range with air at 20 °C and a standard pressure of 1.013 
bar 13,2 bar  
Compressed gases or gases dissolved under pressure not 
having a flammable range with air at 20 °C and a standard 
pressure of 1.013 bar  15 ba r' 
Article 2  
 Transposition  
1. Member States shall adopt and publish, by 31 May 2017 at the latest, the laws, 
regulations and administrative provisions  necessary to comply with this Directive. 
They shall forthwith communicate to the Commission the text of those provisions.  
They shall apply those provisions from 1 August  2017.  
When Member States adopt those provisions, they shall contain a reference to t his 
Directive or be accompanied by such a reference on the occasion of their official 
publication. Member States shall determine how such reference is to be made.  
2. Member States shall communicate to the Commission the text of the main provisions 
of natio nal law which they adopt in the field covered by this Directive.  
Article 3  
 Entry into force  
This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union .  
EN 5   EN This Directive is addressed to the Member States.  
Done at Brussels,  
 For the Commission  
 Jean -Claude Juncker  
 The President