EUROPEAN COMMUNITIES (AEROSOL DISPENSERS) AMENDMENT) REGULATIONS 2009
Source: Iris Oifigiúl 2009-11-20

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paragraphs: These Regulations may be cited as the European Communities (Aerosol Dispensers) (Amendment) Regulations 2009.
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paragraphs: The European Communities (Aerosol Dispensers) Regulations 1977 ( S.I. No. 144 of 1977 ) are amended—
(a) in Regulation 2(1)—
(i) by substituting for the definition of “authorised officer” the following:
(ii) by substituting for the definition (as substituted by Regulation 4(a) of the European Communities (Prepacked Products) Regulations 2008 ( S.I. No. 566 of 2008 )) of “the Council Directive” the following:
(iii) by inserting the following definition after the definition of “Council Directive”:
(b) by substituting for Regulation 4 (as amended by the European Communities (Aerosol Dispensers) (Amendment) Regulations 1995 ( S.I. No. 127 of 1995 ) and by the European Communities (Prepacked Products) Regulations 2008 ( S.I. No. 566 of 2008 )) the following:
“4. (1) An aerosol dispenser to which the Council Directive applies and that satisfies the requirements of the Annex to the Council Directive shall not be marketed unless it also satisfies the requirements of Articles 3 and 8 (other than paragraph (1) (e) in so far as it relates to weight) of the Council Directive.
(2) An aerosol dispenser to which the Council Directive applies and that satisfies the requirements of Articles 3 and 8 (other than paragraph (1) (e) in so far as it relates to weight) of and the Annex to the Council Directive shall not be marketed in the State unless the particulars borne on the dispenser, or the label attached thereto, in pursuance of the said Article 8 (other than paragraph (1) (e) in so far as it relates to weight) are in the Irish language or the English language or in both such languages (whether or not they are in any other language or languages).
(3) Where an aerosol dispenser contains flammable components as defined in point 1.8 of the said 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 said 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’.”,
(c) by substituting for Regulation 6 the following:
“6. (1) The Minister may appoint a person to be an authorised officer for the purposes of these Regulations.
(2) An authorised officer shall be furnished with the warrant of his or her appointment as an authorised officer and, when exercising any power conferred on an authorised officer by these Regulations, shall, if requested by any person affected, produce the warrant to that person.”,
(d) by substituting for Regulation 8 the following Regulations:
“8. Where the Minister is satisfied, on the basis of a substantive justification, that an aerosol dispenser, although complying with the requirements of the Directive, represents a hazard to safety or health, he or she may provisionally prohibit the marketing in the State of the dispenser, or make such marketing subject to special conditions.
9. An offence under these Regulations may be prosecuted by the Minister.”.
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paragraphs: The Annex to the Council Directive, as amended by Commission Directive 94/1/EC of 6 January1994 and Commission Directive 2008/47/EC of 8 April 2008, is set out in the Schedule to these Regulations for ease of reference.
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paragraphs: The European Communities (Aerosol Dispensers) (Amendment) Regulations 1995 ( S.I. No. 127 of 1995 ) are revoked.