Aerosols Dispensers (Amendment) Regulations, 2013

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,166, 15 ta’ Novembru, 2013

L.N. 395 of 2013

PRODUCT SAFETY ACT

(CAP. 427)

Aerosols Dispensers (Amendment) Regulations, 2013

IN exercise of the powers conferred by article 39 of the Product

Safety Act, the Minister for Social Dialogue, Consumer Affairs and

Civil Liberties, on the advice of the Malta Competition and Consumer

Affairs Authority, has made the following regulations:-

(1)

The title of these regulations is the Aerosols Citation, scope

Dispensers (Amendment) Regulations, 2013, and these regulations and

commencement.

shall be read and construed as one with the Aerosol Dispensers S.L. 427.26

Regulations, hereinafter referred to as "the principal regulations".

(2) These regulations implement the provisions of

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.

(3) These regulations shall apply from 19th June 2013 as

regards aerosol dispensers containing a substance.

(4) These regulations shall apply from 1st June 2015 as

regards aerosol dispensers containing mixtures.

(5) Aerosol dispensers containing mixtures may be labelled in

accordance with these regulations before 1st June 2015.

(6) Aerosol dispensers containing mixtures and placed on the

market before 1st June 2015 are not required to be relabelled in

accordance with these regulations until 1st June 2017.

Regulation 5.2 of the principal regulations shall be Amends

regulation 5 of

amended as follows

the principal

regulations.

(a)

for the words from "Without prejudice to other

Community Directives" to the words "legible and indelible

characters:", there shall be substituted the following

"Without prejudice to Regulation (EC) No 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 dimensions (maximum

capacity of 150 ml or less) a label attached thereto must

bear the following particulars in visible, legible and

indelible characters:"; and

(b)

paragraph 5.2.4 thereof shall be substituted by the

"5.2.4 the details referred to in point 2.2 of the

Schedule,".

The Schedule to the principal regulations shall be amended

(a)

immediately after point 1.7 in point 1 thereof, there

shall be added the following new points

"1.7a. Substance

"Substance" means substance as defined in

Article 2(7) of Regulation (EC) No 1272/2008.

1.7b.

Mixture

"Mixture” means mixture as defined in

Article 2(8) of Regulation (EC) No 1272/2008.";

and

(b)

points 2.2 to 2.4 in point 2 thereof shall be

substituted by the following

"2.2.

Labelling

Without prejudice to Regulation (EC) No

1272/2008, each aerosol dispenser must visibly

bear the following legible and indelible marking

(a)

whatever its contents

(i) the hazard statement H229

"Pressurised container: May burst if

heated";

(ii)

the

precautionary

statements P210 and P251 provided

for in Part 1, Table 6.2 of Annex IV

to Regulation (EC) No 1272/2008;

(iii) the

precautionary

statement P410 + P412 provided for

in Part 1, Table 6.4 of Annex IV to

Regulation (EC) No 1272/2008;

(iv) the

precautionary

statement P102 provided for in Part

1, Table 6.1 of Annex IV to

Regulation (EC) No 1272/2008,

where the aerosol dispenser is a

consumer product;

(v)

any additional operating

precautions which alert consumers to

the specific dangers of the product; if

the aerosol dispenser is accompanied

by separate instructions for use, the

latter must also reflect such operating

precautions;

(b) where the aerosol is classified

as "non-flammable" according to the

criteria of point 1.9, the signal word

"Warning";

(c) where the aerosol is classified

as "flammable" according to the criteria of

point 1.9, the signal word "Warning" and

the other label elements for "Flammable

Aerosols Category 2" provided for in

Table 2.3.2 of Annex I to Regulation (EC)

No 1272/2008;

(d) where the aerosol is classified

as "extremely flammable" according to the

criteria of point 1.9, the signal word

"Danger" and the other label elements for

"Flammable Aerosols Category 1"

provided for in Table 2.3.2 of Annex I to

Regulation (EC) No 1272/2008.

2.3.

Volume of the liquid phase

The volume of the liquid phase at 50 °C

must not exceed 90 % of the net capacity.".

€0.18