1975L0324 — EN — 05.06.2003 — 004.001 — 1
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►B COUNCILDIRECTIVE
of20May1975
ontheapproximationofthelawsoftheMember Statesrelatingtoaerosoldispensers
(75/324/EEC)
(OJ L 147, 9.6.1975, p. 40)
Amended by:
Official Journal
No page date
►M1CommissionDirective 94/1/EC of 6 Jan uary 1994 L 23 28 28.1.1994
►M2Council Regulation (EC) No 807/2003 of 14 April 2003 L 122 36 16.5.2003
Amended by:
►A1Act of Accessionof Greece L 291 17 19.11.1979
►A2Act of Accessionof Spainan d Portugal L 302 23 15.11.1985
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COUNCILDIRECTIVE
of20May1975
on the approximationof the lawsofthe Member States relating to
aerosoldispensers
(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, incertainMember States, aerosol dispen sers are required to
comply with certain mandatory technical specifications; whereas such
specifications differ from one Member State to another and, by sodoing, hinder trade within the Community;
Whereas these barriers to the establishment and functioning of the
commonmarket canbe 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 mustrelate, more particularly, to the manufacture, filling and nominal capa-cities of aerosol dispensers;
Whereas, at the present stage of technical progress, the field of applica-
tionof this Directive should be limited to aerosol dispen sers made of
metal, glass or plastic;
Whereas the technical specifications listed in the Annex to this Direc-
tive will need to be promptly adapted in line with technical progress;whereas, to facilitate the implementation of the appropriate necessarymeasures, a procedure should be laid downfor close cooperation
betweenthe Member States an d the Commissionwithina Committee
onthe adaptationto techn ical progress of the Directive onaerosoldispensers;
Whereas it is possible that some aerosol dispensers placed on the
market may represent a safety risk even though they satisfy the require-
ments of this Directive and of the Annex thereto; whereas a procedure
should therefore be laid downto obviate this risk,
HAS ADOPTED THE FOLLOWING DIRECTIVE:
Article 1
This Directive shall apply to aerosol dispensers as defined in Article 2,
with the exceptionof those with a maximum capacity of less than50 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 andcontaining 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 particlesinsuspen sionina gas, as a foam, paste or powder or ina liquid state.1975L0324 — EN — 05.06.2003 — 004.001 — 2
(1) OJ No C 83, 11. 10. 1973, p. 24.
(2) OJ No C 101, 23. 11. 1973, p. 28.
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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 orrestrict the marketing of any aerosol dispenser which complies withthe requirements of this Directive and the Annex thereto.
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 onthe adaptationto techn ical progress of the Direc-
tive on aerosol dispensers, hereinafter called the ‘Committee’, is herebyset up and shall consist of representatives of the Member States with aCommission representative as Chairman.
Article 7
1. The Commissionshall be assisted by the Committee onthe Adap-
tation to Technical Progress of the Directive on aerosol dispensers.
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion1999/468/EC (1) shall apply.
The period laid downinArticle 5(6) of Decision1999/468/EC shall be
set at three months.
3. The committee shall adopt its rules of procedure.
Article 8
1. Without prejudice to other Community Directives, in particular to
Directives on dangerous substances and preparations, each aerosoldispenser 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 points 2.2 and 2.3 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 orlanguages for the wording on the label.1975L0324 — EN — 05.06.2003 — 004.001 — 3
(1) OJ L 184, 17.7.1999, p. 23.▼M2
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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 9a
Where the person responsible for the marketing of aerosol dispensers is
inpossessionof test results or other data showin g that although thoseaerosol dispensers have flammable contents they do not present anyrisk of ignition under normal or reasonably foreseeable conditions ofuse, he may on his own responsibility decide not to apply the provi-sions of points 2.2 (b) and 2.3 (b) of the Annex.
He shall make a copy of such documents available to the Member
States.
In such a case the quantity of flammable material contained in the
aerosol dispenser must be stated cleraly on the label, in the form ofthe following legible and indelible wording: ‘X % by mass of thecontents are flammable’.
Article 10
1. If a Member State notes, on the basis of a substantive justifica-
tion, 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 itsterritory or subject it or them to special conditions. It shall immediatelyinform the other Member States and the Commission thereof, statingthe grounds for its decision.
2. The Commissionshall, withinsix weeks, con sult 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 eitherthe Commission or the Council in accordance with the procedure laiddowninArticle 7. Inthat case, the Member State havin g adopted safe-guard 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 fieldcovered by this Directive.
Article 12
This Directive is addressed to the Member States.1975L0324 — EN — 05.06.2003 — 004.001 — 4
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ANNEX
1. DEFINITIONS
1.1.Pressures
‘Pressures’ means the internal pressures expressed in bars (relative pres-
sures).
1.2.Testpressure
‘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.Burstingpressure
‘Bursting pressure’ means the minimum pressure which causes the
aerosol dispenser container to burst or rupture.
1.4.Totalcapacityofthecontainer
‘Total capacity of the container’ means the volume in millilitres of an
open container up to the rim of the opening.
1.5.Netcapacity
‘Net capacity’ means the volume in millilitres of a filled and closed
aerosol dispenser.
1.6.Volumeofliquidphase
‘Volume of liquid phase’ means the volume of the non-gaseous phases
in the filled and closed aerosol dispenser.
1.7.Testconditions
‘Test conditions’ means the values of test and bursting pressures
exerted hydraulically at 20º C (± 5º C).
1.8.Flammablecontents
‘Flammable contents’ means the substances and preparations corre-
sponding to the criteria laid down for the categories ‘extremely
flammable’, ‘highly flammable’ and ‘flammable’ and listed in AnnexVI to Council Directive 67/548/EEC.
The flammability and flash point of the contents of the container shall
be determined using the specific methods described in Part A of Annex
V to the abovementioned Directive.
2. GENERAL PROVISIONS
2.1.Constructionandequipment
2.1.1. The filled aerosol dispenser must be such that, under normal conditions
of use and storage, it complies with the provisions of this Annex.
2.1.2. The valve must enable the aerosol dispenser to be virtually hermetically
sealed under normal conditions of storage or transport and must be
protected, for example by means of a protective cap, against any unin-
tentional opening and any deterioration.
2.1.3. There must be no possibility that the mechanical resistance of the
aerosol dispenser can be impaired by the action of the substances
contained in it, even during prolonged storage.
2.2.Labelling
Without prejudice to the Directives relating to the classification, packa-
ging and labelling of dangerous substances and preparations,
particularly as regards danger to health and/or the environment, any1975L0324 — EN — 05.06.2003 — 004.001 — 5
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aerosol dispenser must visibly bear the following legible and indelible
marking:
(a) Whatever its contents: ‘Pressurized container: protect from sunlight
and do not expose to temperatures exceeding 50 ºC. Do not pierce
or burn, even after use.’;
(b) Where the contents are flammable within the meaning of point 1.8:
the flame symbol where appropriate, the indication that the
substances and/or preparations contained in the aerosol dispenser,
including the propellant, are flammable and the relevant risk
phrases determined in accordance with the criteria in points 2.2.3,
2.2.4 or 2.2.5 of Annex VI to Directive 67/548/EEC and, as regards
the flame symbol and the indication of danger, in accordance with
the provisions of Annex II to the abovementioned Directive.
2.3.Specialstatementsconcerninguse
Without prejudice to the Directives relating to the classification, packa-
ging and labelling of dangerous substances and preparations,
particularly as regards danger to health and/or the environment, any
aerosol dispenser must visibly bear the following legible and indelible
wording:
(a) Whatever its contents: the additional operating precautions which
alert consumers to the specific dangers of the product;
(b) Where the contents are flammable, the following warnings:
— ‘Do not spray on a naked flame or any incandescent material.’
— ‘Keep away from sources of ignition — No smoking.’— ‘Keep out of the reach of children’.
3. SPECIAL PROVISIONS FOR METAL AEROSOL DISPENSERS
3.1.Capacity
The total capacity of these containers may not exceed 1000 ml.
3.1.1.Test pressure of the container
(a) For containers filled at a pressure of less than 6·7 bars at 50º C, the
test pressure must be equal to at least 10 bars.
(b) For containers filled at a pressure equal to or greater than 6·7 bars
at 50º C, the test pressure must be 50 % higher than the internal
pressure at 50º C.
3.1.2.Filling
At 50º C, the pressure in the aerosol dispenser must not exceed 12 bars,
whatever kind of gas is used for filling.
3.1.3.Volume of the liquid phase
The volume of the liquid phase at 50º C must not exceed 87 % of the
net capacity. However, for containers with a concave base which
becomes convex before bursting, the volume of the liquid phase at 50º
C may be as much as 95 % of the net capacity.
4. SPECIAL PROVISIONS FOR GLASS AEROSOL DISPENSERS4.1.Plasticcoatedorpermanentlyprotectedcontainers
Containers of this type may be used for filling with compressed, lique-
fied or dissolved gas.
4.1.1.Capacity
The total capacity of such containers may not exceed 220 ml.
4.1.2.Coating
The coating must be a protective envelope of plastic or other suitable
material, intended to prevent the risk of flying particles of glass if the
container is accidently broken, and must be so designed that there are
no flying particles of glass if the filled aerosol dispenser, brought to a
temperature of 20º C, is dropped from a height of 1·8 m onto a concrete
floor.1975L0324 — EN — 05.06.2003 — 004.001 — 6
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4.1.3.Test pressure of the container
(a) Containers used for filling with compressed or dissolved gas must
resist a test pressure equal to at least 12 bars.
(b) Containers used for filling with liquefied gas must resist a test pres-
sure equal to at least 10 bars.
4.1.4.Filling
(a) Aerosol dispensers filled with compressed gas shall not be required
to withstand a pressure of more than 9 bars at 50º C.
(b) Aerosol dispensers filled with dissolved gas shall not be required to
withstand a pressure of more than 8 bars at 50º C.
(c) Aerosol dispensers containing liquefied gas or mixtures of liquefied
gas shall not be required to withstand, at 20º C, pressures higher
thanthose showninthe followin g table:
Total capacityPercentage by weight of liquefied gas
inthe total mixture
20 % 50 % 80 %
50 to 80 ml 3·5 bars 2·8 bars 2·5 bars
< 80 to 160 ml 3·2 bars 2·5 bars 2·2 bars
< 160 to 220 ml 2·8 bars 2·1 bars 1·8 bars
This table shows the pressure limits permitted at 20º C inrelationto the
percentage of gas.
Pressure limits for percentages of gas not shown in the table shall be
extrapolated from it.
4.1.5.Volume of the liquid phase
At 50º C, thevolume of the liquid phase of a filled aerosol dispenser
must not exceed 90 % of the net capacity.
4.2.Unprotectedglasscontainers
Aerosol dispensers using unprotected glass containers shall be filled
exclusively with liquefied or dissolved gases.
4.2.1.Capacity
The total capacity of these containers may not exceed 150 ml.
4.2.2.Test pressure of the container
The test pressure of the container must be equal to at least 12 bars.
4.2.3.Filling
(a) Aerosol dispensers filled with dissolved gas shall not be required to
withstand a pressure of more than 8 bars at 50º C.
(b) Aerosol dispensers containing liquefied gas shall not be required to
withstan d, at 20º C, pressures inexcess of those showninthe
following table:
Total capacityPercentage by weight of liquefied gas
inthe total mixture
20 % 50 % 80 %
50 to 70 ml 1·5 bar 1·5 bar 1·25 bar
< 70 to 150 ml 1·5 bar 1·5 bar 1 bar
This table shows the pressure limits permitted at 20º C inrelationto the
percentage of liquefied gas.
Pressure limits for percentages of gas not shown in the table shall be
extrapolated from it.1975L0324 — EN — 05.06.2003 — 004.001 — 7
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4.2.4.Volume of the liquid phase
At 50º C, the volume of the liquid phase of anaerosol dispen ser filled
with liquefied or dissolved gas must not exceed 90 % of the net capa-
city.
5. SPECIAL PROVISIONS APPLYING TO PLASTIC AEROSOL
DISPENSERS
5.1. Plastic aerosol dispensers which may splinter on bursting shall be
treated in the same way as unprotected glass aerosol dispensers.
5.2. Plastic aerosol dispensers which cannot splinter on bursting shall be
treated inthe same way as glass aerosol dispen sers with a protective
coating.
6. TESTS
6.1.Test requirements to be guaranteed by the person responsible for
marketing
6.1.1.Hydraulic test on empty containers
6.1.1.1. Metal, glass or plastic aerosol dispensers must be able to withstand a
hydraulic pressure test as laid downin3.1.1, 4.1.3 an d 4.2.2.
6.1.1.2. Metal containers showing assymetrical or major distortions or other
similar faults shall be rejected. A slight symmetrical distortionof the
base or one affecting the profile of the upper casing shall be allowed
provided that the container passes the bursting test.
6.1.2.Bursting test for empty metal containers
The person responsible for marketing must ensure that the bursting
pressure of containers is at least 20 % higher than the test pressure
laid down.
6.1.3.Dropping test for protected glass containers
The manufacturer must ensure that the containers satisfy the test
requirements laid down in 4.1.2.
6.1.4.Individual inspection of filled aerosol dispensers
6.1.4.1. (a) Each filled aerosol dispenser shall be immersed in a bath of water.
The temperature of the water and the period of immersion must be
such as to enable:
— the contents of the aerosol dispenser to reach a uniform
temperature of 50º C or
— the pressure inthe aerosol dispen ser to reach that exerted by its
contents at a uniform temperature of 50º C.
(b) Any aerosol dispenser showing visible permanent distortion or a
leak must be rejected.
6.1.4.2. However, any test system enabling a result equivalent to that of the
water bath method to be obtained may be used by the person respon-
sible for marketing, on his own responsibility and with the agreement
of the Committee referred to inArticle 6 of the Directive.
6.2.Examples of inspection tests which maybe carried out byMember
States
6.2.1.Test on unfilled containers
The test pressure shall be applied for 25 seconds on five containers
selected at random from a homogeneous batch of 2 500 unfilled
containers, i.e. manufactured from the same materials by the same
continuous batch manufacturing process, or from a batch constituting
one hour's production.
If any one of these containers does not pass the test, ten additional
containers shall be drawn at random from the same batch and put
through the same test.
If any one of these aerosol containers does not pass the test, the whole
batch shall be unsuitable for use.
6.2.2.Tests on filled aerosol dispensers
Air and water-tightness inspection tests shall be carried out by immer-
sing a representative number of filled aerosol dispensers in a bath of1975L0324 — EN — 05.06.2003 — 004.001 — 8
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water. The temperature of the bath and the period of immersion must be
such as to enable the contents of the aerosol dispenser to attain a
uniform temperature of 50º C during the time required to ensure that
there is no bursting or rupture.
Any batch of aerosol dispensers which does not pass these tests must be
considered unsuitable for use.1975L0324 — EN — 05.06.2003 — 004.001 — 9