No C 101/28 Official  Journal  of the European  Communities 23. 11. 73 
CONSULTATION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on the  proposal  for  a Council  Directive  on the  approximation  of the  laws  of the 
Member  States  relating  to aerosols 
A. REQUEST  FOR  AN  OPINION 
At its 238th  meeting  held  on 9 and  10 April  1973,  the Council  decided,  in accordance 
with  the provisions  of the second  paragraph  of Article  100  of the  Treaty  establishing 
the European  Economic  Community,  to consult  the  Economic  and  Social  Committee 
on the above  proposal  for a Directive. 
The request  for an Opinion  was  sent  by the President  of the Council  to the Chairman 
of the Economic  and  Social  Committee  on 11 April  1973. 
B. TEXT  WHICH  WAS  THE  SUBJECT  OF  THE  CONSULTATION 
The text  which  was  the subject  of the  consultation  has  not  yet been  published  in the 
Official  Journal  of the European  Communities. 
C. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
At its 73rd  Plenary  Session  held  in Brussels  on 26 and  27 September  1973,  the Com-
mittee  adopted  its Opinion  on the text  referred  to above  by a unanimous  vote  of all 
the members  present  or represented. 
The text  of the Opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the request  by the President  of the 
Council  of the  European  Communities  on 11 April 
1973  for an Opinion  on the 'proposal  for a Council 
Directive  on the  approximation  of the  laws  of the 
Member  States  relating  to aerosols'; 
Having  regard  to  Article  100  of  the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the decision  of its Chairman  on 17 
April  1973,  to entrust  the  Section  for  Industry, 
Commerce,  Crafts  and  Services  with  the preparation 
of an Opinion  and  a report  on the matter; 
Having  regard  to the General  Programme  of 28 May 
1969  'to  eliminate  technical  barriers  to trade  in 
industrial  products,  resulting  from  disparities 
between  the  laws,  regulations  and  administrative 
provisions  of the Member  States'; 
Having  regard  to the  Opinion  delivered  by the 
Section  for Industry,  Commerce,  Crafts  and  Services 
at its meeting  on 5 September  1973; Having  regard  to the  report  submitted  by  Mr 
Lecuyer; 
Having  regard  to the discussions  at its 113th  Plenary 
Session  on 26 and  27 September  1973  at the meeting 
of 27 September, 
HAS  ADOPTED  THE  FOLLOWING  OPINION: 
The Economic  and  Social  Committee  approves  the 
proposal  for  a Directive,  subject  to the  following 
comments: 
I. General  Comments 
Type  of harmonization 
This  proposal  for a Directive  is based  on 'optional' 
harmonization. 
The Committee  points  out that  it has always  declared 
that it supports  total  harmonization;  optional 
harmonization  is only  acceptable  as a means  of 
23. 11.73 Official  Journal  of the European  Communities No C 101/29 
facilitating  the adjustment  of industry  in as short  a 
period  as possible. 
The Committee  therefore  hopes  that,  failing  a 
proposal  for  total  harmonization,  the  Directive  will 
specify  the period  when  national  provisions  have  to 
be aligned  on Community  legislation. 
II. Specific  Comments 
Article  3 
The Committee  regrets  that  there  are  so many 
symbols  on objects  or products  conforming  to the 
standards  laid  down  by  the  various  Directives 
concerning  them.  The  'mirror  image  of epsilon' 
symbol  might  be confused  with  trademark  symbols 
of products  currently  on the market. 
The Committee  requests  that  a table  be drawn  up of 
the various  symbols  in use  and  hopes  that  a single 
symbol  will  be devised  for  all products  satisfying 
EEC  requirements. 
Article  6 
This  Article  sets  up a Committee  for  updating  the 
Directive  in the  light  of technical  progress.  The 
Committee  hopes  that  a consultative  committee  will 
be set up comprising  representatives  from  the various 
economic  and  social  sectors  concerned  and,  in 
particular,  representatives  of  producers  and 
consumers. 
Article  8 
The Committee  draws  attention  to the  difficulties 
which  manufacturers  will  encounter  in trying  to place 
all the  required  particulars  in visible  characters  on 
certain  relatively  small  aerosols,  particularly  those 
made  of glass. 
Admittedly,  it is stated  that,  in the  case  of luxury 
products  and  those  with  small  capacities,  the 
particulars  can  appear  on the package.  But  first  of all 
there  should  be  a precise  definition  of what  a 
'package'  is. In some  Member  States  this  word  has 
led to confusion. 
The term  'luxury  product'  must  be removed  from  the 
proposal  as it could  entail  tax  consequences  in 
certain  States  where  taxes  exist  for  'luxury'  goods. In view  of  the  fact  that  certain  prestigious 
presentations  such  as glass  and  cut  glass  containers 
(or even  their  outer  package)  would  be devalued  by 
attachment  of a visible  label  it is necessary  to study 
this problem  in greater  detail. 
The Committee  proposes  that  the first  paragraph  of 
Article  8 be supplemented  by a passage  worded  along 
the following  lines: 
'In certain  exceptional  cases  and  in particular  for 
perfumery  products  (where  packing  plays  an 
important  role)  and  products  of very  small  size,  it 
will be permissible  for the compulsory  particulars 
to be brought  clearly  to the notice  of the user  by 
means  of  directions  for  use  or  a leaflet 
accompanying  the product  at the time  of sale,  on 
the understanding  that  the essential  particulars  be 
indelibly  written  on the container  itself;  this  shall 
especially  hold  true  for  the  "mirror-image  of 
epsilon"  compliance  symbol.' 
The Committee  requests  that  point  2.3  (a) of the 
Annex  be supplemented  by the  words  'if it is not 
intended  for  such  a purpose'  and  points  out  that 
certain  products  which  come  under  the definition  of 
an aerosol  are intended  to fight  flames  (extinguishers) 
or to encourage  them  (products  used  for  grills). 
Moreover,  the  statement  in question  would  be 
disadvantageous  to  aerosols  containing  safety 
propellents  unaffected  by and  having  no effect  on 
flames. 
Article  8 (1) (e) 
The Committee  proposes  to  replace  this 
subparagraph  by: 
'the minimum  net usable  contents  at the time  of 
sale, under  the  normal  conditions  for  using  the 
aerosol  laid  down  in the instructions  for use.' 
Article  8 (2) 
The Committee  considers  that  this  paragraph  should 
be reworded  as follows: 
'The  Member  States  shall  make  the marketing  of 
aerosols  subject  to the use,  on the labels,  of their 
national  language  or languages,  or of symbols 
defined  at Community  level.' 
Done  at Brussels,  27 September  1973. 
The Chairman 
of the  Economic  and  Social  Committee 
Alfons  LAPPAS