'Sir 
J" COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 499 final - SYN 473 
Brussels, 18 October 1993 
Proposal for a 
amending for the fifteenth time Directive 76/769/EEC on the 
approximation of the laws, regulations and administrative provisions of 
the Member States relating to restrictions on the marketing and use of 
certain dangerous substances and preparations. 
(presented by the Commission) 
£ 
Explanatory Memorandum 
I. Introduction 
The French authorities notified the Commission in early 1992 that they 
had taken two measures in the framework of Article 10 of Directive 
75/324/EEC on aerosol generators, thereby employing the safety clause 
of that directive for the specified period of one year. 
The first of these measures imposed mandatory labelling requirements, 
subject to exemption, for aerosol generators containing flammable 
gases and the second provided for a ban on the manufacture, importation 
and marketing of aerosols containing flammable gases and intended for 
entertainment and decorative purposes. 
The Commission having examined the French measures and having consulted 
experts from all Member States gave notice of its intention to adapt 
Directive 75/734/EEC to technical progress with regard to aerosol 
generators containing flammable substances and to propose to the 
Council an amendment to Annex 1 of Council Directive 76/769/EEC to 
provide for harmonized limitations on the use of flammable gases in 
aerosol generators intended for entertainment and decorative purposes. 
The present proposal concerns the amendment of Annex 1 to Directive 
76/769/EEC. 
The Commission considers that this proposal is consistent with the 
Principle of Subsidiarity and with the requirement under the Treaty to 
take as a base in its harmonization proposals a high level of 
protection concerning health and consumers. 
What are the objectives of the proposal in relation to the Community's 
obi Igat ions ? 
One objective is to establish uniform rules to allow a maximum of free 
circulation in the products concerned. A second objective is to ensure 
that the rules established provide a high level of protection to the 
consumer. Only the Community can develop uniform rules meeting the 
necessary requirements and the Community is obliged to act under the 
Treaty. 
Does this initiative arise out of an exclusive Community competence or 
a shared competence ? 
It arises out of an exclusive Community competence. This competence 
was established by Council Directive 76/769 and the initiative is 
simply the 15th Amendment of this Directive. 
What courses of action are available to the Community ? 
The only way of realising the stated objectives is to introduce uniform 
rules for the products concerned by amending Annex I to Directive 
76/769/EEC. 
Are uniform rules necessary ? It is not sufficient to establish 
targets to be implemented by Member States ? 
The only way of realising the objective of maximizing free circulation 
is to establish uniform rules at Community level. The uniform rules 
are thus necessary. It would not be sufficient to establish targets; 
these would be implemented differently by Member States and the result 
would be barriers to trade. 
11. Background 
Implementation of the Montreal Protocol on substances that deplete the 
Ozone Layer has led to progresssive substitution of 
chlorofluorocarbons, which are non-flammable, by substitutes which are 
often flammable. Specifically the recent past is characterised by 
increasing use of flammable gases in aerosol generators intended for 
entertainment and decorative purposes. 
A number of accidents have occured as on result of such increasing use 
of flammable gases. For example young children in France have suffered 
burns through fires involving aerosol generators producing artificial 
snow. Further accidents are likely with other aerosol products 
intended for entertainment and decorative purposes as these are often 
used in close proximity to the naked flame. 
Given the hazard associated with the use of flammable gases in aerosol 
generators and that consumers may be exposed to risk during everyday 
situations it is desirable that the use of such flammable gases should 
be limited in particularly high risk situations such as use in aerosol 
generators for entertainment and decorative purposes. 
III. Substances to be limited 
Substances, use of which needs to be limited, are those classified or 
provisionally classified as flammable, highly flammable or extremely 
flammable according to Directive 67/548/EEC. 
H 
IV. Existence of Substitutes 
The systems affected by this proposal are simple in nature and open to 
alternative solutions. For example, flammable gas propellants could be 
replaced by mechanical pumps in some situations and by inert gas 
propellants in other situations. In a small minority of cases a 
dangerous product may simply have to be eliminated. 
V. Effect on Industry 
Overall the impact on the industries concerned is likely to be 
insignif icant. 
VI. Conclusion 
It is concluded that the use of flammable gases in aerosol generators 
intended for entertainment and decorative purposes poses a danger to 
the health of consumers and particularly to children. The strategy 
proposed therefore is to ban the use of substances classified or 
provisionally classified as flammable, highly flammable or extremely 
flammable in such uses. The ban would not apply however in situations 
where it has been demonstrated on the basis of approved tests that the 
aerosol generator product does not present risk of flammability under 
normal and reasonably foreseable conditions of use. 
The test methods necessary for implementation are being developed in 
the framework of adaptation of Directive 75/324/EEC (aerosol 
generators) to technical progress. 
VII. Conformity with the Treaty 
It is clear from the foregoing that this proposal is intended to afford 
a high level of protection for consumers and is therefore in conformity 
with Article 100 A (3) of the Treaty. 
The proposal does not call for any special provisions of the kind 
referred to in Article 8c sof the Treaty. 
VIII. Consultation of the European Parliament and the Economic and 
Social Committee 
In compliance with Article 100A of the Treaty, the Cooperation 
Procedure with the European Parliament is applicable. The Economic and 
Social Committee has to be consulted. 
6' 
Proposal for a 
COUNCIL DIRECTIVE 
amending for the fifteenth time Directive 76/769/EEC on the 
approximation of the laws, regulations and administrative provisions of 
the Member States relating to restrictions on the marketing and use of 
certain dangerous substances and preparations. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 100a thereof. 
Having regard to the proposal from the Commission,1 
In cooperation with the European Parliament,2 
Having regard to the opinion of the Economic and Social Committee,3 
Whereas Article 8A of the Treaty establishes an area without internal 
barriers in which the free circulation of goods, of, persons-, of services 
and capital is assured-, 
Whereas work on the internal market should gradually improve the quality 
of life, health protection and consumer safety; whereas the measures 
proposed by this Directive are in line with the Council resolution of 
9 November 1989 on future priorities for relaunching consumer protection 
policy;4 
1 0J No 
2 OJ No 
3 OJ No 
4 OJ No C 294 of 23.11.1989 p. 
6 
Whereas certain substances and preparations used in aerosol generators 
have a particularly flammable nature; 
Whereas risks to consumers arise from the increased use in aerosol 
generators of flammable substances in place of ch lorofluorocarbons 
(CFC); whereas such risks are particularly acute in the case of aerosol 
generators used for entertainment and decorative purposes; 
Whereas part of the increased risks can be offset by adaptation to 
technical progress of «Council Directive 75/324/CEE5 on the 
harmonization of Member State laws on aerosol generators and the 
remaining part of the risk by limiting hereby the use of flammable 
substances in aerosol generators intended for entertainment and 
decorative purposes; 
Whereas limitations planned by one Member State on the placing on the 
market of certain aerosol generators intended for entertainment and 
decorative purposes directly affect the completion and functioning of 
the internal market; whereas it is therefore necessary to approximate 
the laws of the Member States In this field and consequently amend Annex 
I to Directive 76/769/EEC,6 as last amended by Directive 91/339/EEC;7 
Whereas, according to the scope and effects of the proposed action, the 
Community measures envisaged by this directive are not only necessary 
but also indispensable for the attainment of the stated objectives and 
that these objectives cannot be achieved by Member States individually, 
and that furthermore their attainment at Community level is already 
provided for by Directive 76/769/EEC; 
HAS ADOPTED THIS DIRECTIVE: 
Art icle 1 
Annex I to Directive 76/769/EEC is hereby amended as set out in the 
Annex hereto. 
Art icle 2 
1. Member States shall adopt and publish the laws, regulations and 
administrative provisions necessary to comply with this Directive no 
later than 1 year after the date of its adoption and shall forthwith 
inform the Commission thereof. They shall apply these provisions 
from (3 months after the date stated above). 
5 OJ No L 147, 9.10.1975, p. 40 
6 OJ No L 262, 27.9.1976, p.201. 
7 OJ No L 186 Of 12.7.1991 p. 64 
£ 
2. When Member States adopt the above mentioned provisions, these shall 
contain a reference to this Directive or shall be accompanied by 
such reference at the time of their official publication. The 
procedure for such reference shall be adopted by the Member States. 
Article 3 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 
X 
kUNFX 
ww. Substances 
ei ther 
- appearing in Annex I 
to Directive 67/548/EEC 
which are classified as 
flammable, highly flammable 
or extremely flammable and 
label led as such 
or 
- not yet appearing in 
Annex I to Directive 
67/548/EEC but conforming 
to the criteria of flammability 
of Annex VI to 
Directive 67/548/EEC 
and being provisionally 
classified and labelled 
as flammable, highly flammable, 
or extremely flammable according 
to Article 5 para 2 of 
Directive 67/548/EEC May not be used as such or 
in the form of preparations 
in aerosol generators marketed 
and intended 
for entertainment and 
decorative purposes in 
household situations such as 
the fol lowing: 
- decorative metallic glitter 
destined mainly for parties 
- decorative snow and frost 
- fun breaking of wind 
- silly str ing 
- fun excrement 
- horns for parties 
- decorative disappearing 
flakes and foams 
- artificial cobwebs 
- funny stink 
By way of derogation this provision 
shall not apply where it has been 
demonstrated on the basis of 
documented appropriate tests and 
analyses by the person responsable for 
the placing on the market of these 
aerosol generators that while 
containing flammable substances and 
preparations the aerosol generators do 
not present a risk of flammability 
under normal and reasonably forseable 
conditions of use. In this case the 
quantity of flammable substance(s) in 
the aerosol generator must be 
indicated clearly and indeliby on the 
label by the phrase "contains x% by 
mass of flammable substances" 
3 
FINANCIAL STATEMENT 
SECTION 1: FINANCIAL IMPLICATIONS 
1. Title of operation 
Proposal for a fifteenth amendment to Directive 76/769/EEC 
2. Budget heading involved 
Article B5-300: completing the internal market 
3. Legal basis 
- Article 100a of the Treaty 
4. Description of operation 
4.1 Specific objective of operation 
The proposed operation involves : 
Restricting the use of flammable gases in aerosol generators 
intended for entertainment and decorative purposes. 
4.2 Durât ion 
This is a "one-off" operation 
4.3 Target population 
Industrialists and consumers 
5. Classification of expenditure 
Not applicab le. 
6. Type of expenditure 
None 
Unlike previous amendments to Directive 76/769/EEC, the fifteenth 
amendment does not require standardisation work to be performed by CEN. 
The test methods necessary for implementation are being developed in 
the framework of adapting Directive 75/324/EEC (aerosol generators) to 
technical progress using funds already allocated for this purpose. 
7. Financial impact on appropriations for operations 
None 
8. What ant I-fraud measures are planned? 
None 
Ax> 
SECTION 2: ADMINISTRATIVE EXPENDITURE 
No new administrative expenditure is foreseen. Any meetings to be held 
would take place pursuant to Directive 76/769/EEC in the framework of 
which the "Technical Progress Committee: Dangerous Substances and 
Preparations" would be convoked, and would be covered by the budget for 
that Directive. The estimated annual budget for this Committee is made 
up of 174.000 ECU for meetings of experts (01/03/U/080) and 12.000 ECU 
for meetings of the Committee itself (01/03/T/080). 
However, no extra meetings are foreseen at this time. 
SECTION 3: ELEMENTS OF COST-EFFECTIVENESS ANALYSIS 
The aim of the proposed operation is to harmonize restrictions on 
the use of flammable gazes in aerosol generators intended for 
entertainment and decorative purposes so as to avoid creating 
obstacles to trade and, at the same time, to provide a high level 
of protection for consumers. 
The general objective is to complete the internal market. 
II. Grounds for the operation 
Harmonization serves to prevent obstacles to trade and, at the same 
time, to provide a high level of protection for consumers. 
III. Monitoring and evaluation of the operation 
The Committee set up under Directive 76/769/EEC will be responsible for 
monitoring the application of this Directive. 
AA 
ISSN 0254-1475 
COM(93) 499 final 
DOCUMENTS 
EN 05 06 
Catalogue number : CB-CO-93-534-EN-C 
ISBN 92-77-59827-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg