欧盟Eurlex法规详细信息

EURLEX ID:32013L0010

OJ编号:OJ L 77, 20.3.2013, p. 20-22

中文标题:委员会指令2013/10/EU,为适用欧洲议会和理事会条例(EC) No 1272/2008的规定(关于物质和混合物的分级、标签和包装),修订理事会指令75/324/EEC (关于各成员国有关气体喷雾器法律的相似性)(1)

原文标题:Commission Directive 2013/10/EU of 19 March 2013 amending Council Directive 75/324/EEC on the approximation of the laws of the Member States relating to aerosol dispensers in order to adapt its labelling provisions to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (1)

分类:13.30.18_危险物质

文件类型:二级立法 Directive|指令

生效日期:2013-04-09

废止日期:2058-12-31

法规全文:查看欧盟官方文件

L 77/20
EN
Official Journal of the European Union
20.3.2013
DIRECTIVES
COMMISSION DIRECTIVE 2013/10/EU
of 19 March 2013
amending Council Directive 75/324/EEC on the approximation of the laws of the Member States
relating to aerosol dispensers in order to adapt its labelling provisions to Regulation (EC) No
1272/2008 of the European Parliament and of the Council on classification, labelling and
packaging of substances and mixtures
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
European Parliament and of the Council of 31 May 1999
concerning the approximation of the laws, regulations
and administrative provisions of the Member States
Having regard to the Treaty on the Functioning of the European
relating to the classification, packaging and labelling of
Union,
dangerous preparations ( 4 ) as from 1 June 2015. It is
therefore necessary to adapt the labelling provisions of
Directive 75/324/EEC to that Regulation.
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 dispensers (
(4) In
accordance
with
Regulation
(EC)
No
1272/2008,
a

1 ), and in particular Article 5
thereof,
distinction should be made between the date of applica
bility of national transposition provisions for aerosol
dispensers containing a single substance and the date
of applicability of national transposition provisions for
Whereas:
aerosol dispensers containing mixtures. However, manu
facturers of aerosol dispensers containing mixtures
should be allowed to apply the labelling requirements
(1) Directive
75/324/EEC
provides
for
the
classification
of
of this Directive earlier, on a voluntary basis.
aerosol dispensers as ‘non-flammable’, ‘flammable’ or
‘extremely flammable’, according to the classification
criteria provided for in its Annex. Where an aerosol
(5) In
accordance
with
Regulation
(EC)
No
1272/2008,
and
dispenser is classified as ‘flammable’ or ‘extremely flam
in order to avoid imposing unnecessary burdens on
mable’, it must bear the flame symbol and the safety
enterprises, a transitional period is provided for aerosol
phrases S2 and S16 provided for in Council Directive
dispensers containing mixtures, labelled in accordance
67/548/EEC of 27 June 1967 on the approximation of
with the applicable provisions before 1 June 2015 and
the laws, regulations and administrative provisions
placed on the market until that date, allowing them their
relating to the classification, packaging and labelling of
further marketing without relabelling.
dangerous substances ( 2 ).
(6) The
measures
provided
for
in
this
Directive
are
in
(2) Regulation
(EC)
No
1272/2008
of
the
European
accordance with the opinion of the Committee on the
Parliament and of the Council of 16 December 2008
Adaptation to Technical Progress of the Directive on
on classification, labelling and packaging of substances
aerosol dispensers,
and mixtures ( 3 ) provides for the harmonisation of the
classification and labelling of substances and mixtures
within the Union. It incorporates at Union level the
criteria for classification and labelling of substances and
HAS ADOPTED THIS DIRECTIVE:
mixtures provided for by the Globally Harmonised
System of Classification and Labelling of Chemicals
which has been adopted at the international level,
Article 1
within the structure of the United Nations.
Amendments to Directive 75/324/EEC
Directive 75/324/EEC is amended as follows:
(3) Regulation
(EC)
No
1272/2008
will
repeal
and
replace
Directive 67/548/EEC and Directive 1999/45/EC of the
(1) in Article 8, paragraph 1 is amended as follows:
( 1 ) OJ L 147, 9.6.1975, p. 40.
( 2 ) OJ 196, 16.8.1967, p. 1.
( 3 ) OJ L 353, 31.12.2008, p. 1.
( 4 ) OJ L 200, 30.7.1999, p. 1.

EN
20.3.2013 Official
Journal
of
the
European
Union L
77/21
(a) the introductory sentence is replaced by the following:
(b) where the aerosol is classified as “non-flammable”
according to the criteria of point 1.9, the signal
‘1. Without prejudice to Regulation (EC) No
word “Warning”;
1272/2008 of the European Parliament and of the
Council (*), each aerosol dispenser or, where particulars
cannot be put on the aerosol dispenser due to its small
(c) where the aerosol is classified as “flammable”
dimensions (maximum capacity of 150 ml or less) a
according to the criteria of point 1.9, the signal
label attached thereto must bear the following
word “Warning” and the other label elements for
particulars in visible, legible and indelible characters:
“Flammable Aerosols Category 2” provided for in
Table 2.3.2 of Annex I to Regulation (EC) No
___________
1272/2008;
(*) OJ L 353, 31.12.2008, p. 1.’;
(d) where the aerosol is classified as “extremely flam
mable” according to the criteria of point 1.9, the
(b) point (d) is replaced by the following:
signal word “Danger” and the other label elements
for “Flammable Aerosols Category 1” provided for in
‘(d) the details referred to in point 2.2 of the Annex,’;
Table 2.3.2 of Annex I to Regulation (EC) No
1272/2008.
(2) the Annex is amended as follows:
2.3. Volume of the liquid phase
(a) in point 1, the following points 1.7a and 1.7b are
inserted:
The volume of the liquid phase at 50 °C must not
exceed 90 % of the net capacity’.
‘1.7a. Substance
“Substance” means substance as defined in Article 2(7)
Article 2
of Regulation (EC) No 1272/2008.
Transitional provisions
1.7b. Mixture
1. By way of derogation from the third subparagraph of
“Mixture” means mixture as defined in Article 2(8) of
Article 3(1), aerosol dispensers containing mixtures may be
Regulation (EC) No 1272/2008’;
labelled in accordance with Article 1 before 1 June 2015.
(b) in point 2, points 2.2 to 2.4 are replaced by the
2. By way of derogation from the third subparagraph of
following:
Article 3(1), aerosol dispensers containing mixtures and placed
on the market before 1 June 2015 are not required to be rela
‘2.2. Labelling
belled in accordance with Article 1 until 1 June 2017.
Without prejudice to Regulation (EC) No 1272/2008,
each aerosol dispenser must visibly bear the following
Article 3
legible and indelible marking:
Transposition
(a) whatever its contents:
1. Member
States
shall
adopt
and
publish,
by
19
March
2014 at the latest, the laws, regulations and administrative
(i) the hazard statement H229: “Pressurised
provisions necessary to comply with this Directive. They shall
container: May burst if heated”;
forthwith communicate to the Commission the text of those
provisions.
(ii) the precautionary statements P210 and P251
provided for in Part 1, Table 6.2 of Annex IV
to Regulation (EC) No 1272/2008;
They shall apply those provisions from 19 June 2013 as regards
aerosol dispensers containing a substance.
(iii) the precautionary statement P410 + P412
provided for in Part 1, Table 6.4 of Annex IV
to Regulation (EC) No 1272/2008;
They shall apply those provisions from 1 June 2015 as regards
aerosol dispensers containing mixtures.
(iv) the precautionary statement P102 provided for
in Part 1, Table 6.1 of Annex IV to Regulation
When Member States adopt those provisions, they shall contain
(EC) No 1272/2008, where the aerosol
a reference to this Directive or be accompanied by such a
dispenser is a consumer product;
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.
(v) any additional operating precautions which alert
consumers to the specific dangers of the
product; if the aerosol dispenser is accompanied
2. Member
States
shall
communicate
to
the
Commission
the
by separate instructions for use, the latter must
text of the main provisions of national law which they adopt in
also reflect such operating precautions;
the field covered by this Directive.

L 77/22
EN
Official Journal of the European Union
20.3.2013
Article 4
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.
This Directive is addressed to the Member States.
Done at Brussels, 19 March 2013.
For the Commission
The President
José Manuel BARROSO

Document Outline


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P020171219348123532436.pdf

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