Government Regulation No. 80 / 2014 Coll.
Government Regulation amending Government Regulation No. 194 / 2001 Coll., laying down technical requirements for aerosol dispensers, as amended
Valid
Effective from 07.05.2014
80
GOVERNMENT REGULATION
of 9 April 2014
amending Government Regulation No 194 / 2001 Coll., laying down technical requirements for aerosol dispensers, as amended
The Government orders pursuant to Article 22 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll., Act No. 205 / 2002 Coll. and Act No. 34 / 2011 Coll., (hereinafter "the Act ') to implement Sections 12 paragraphs 1 and 3 and 13 paragraphs 2 of the Act:
Government Decree No. 194 / 2001 Coll., laying down technical requirements for aerosol dispensers, as amended by Government Decree No. 305 / 2006 Coll. and Government Decree No. 315 / 2009 Coll., is amended as follows:
1. Paragraph 1 (1), including footnotes 1 and 2, reads:
"(1) This Regulation incorporates the relevant European Union provisions relating to aerosol dispenser (1), building on the directly applicable European Union regulation governing the classification, labelling and packaging of substances and mixtures (2) (the" directly applicable regulation ') and adapting the technical requirements for aerosol dispensers.
1) Council Directive 75 / 324 / EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers. Commission Directive 94 / 1 / EC of 6 January 1994 adapting to technical progress Council Directive 75 / 324 / EEC on the approximation of the laws of the Member States relating to aerosol dispensers. Commission Directive 2008 / 47 / EC of 8 April 2008 amending, for the purposes of adapting to technical progress, Council Directive 75 / 324 / EEC on the approximation of the laws of the Member States relating to aerosol dispensers. 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.
2) Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006, as amended. ';
2. In Section 5, the words "manufacturer or importer 'are replaced by the words" person responsible for placing an aerosol dispenser on the market'.
3. In Article 6 (1), the words "Manufacturer or importer 'are replaced by the words" Person responsible for placing an aerosol dispenser on the market'.
4. in Article 6 (1) (c), "points 1.2 and 1.3 'are replaced by" point 1.2';
5. Paragraph 6 (3), including footnote 3, reads as follows:
"(3) The obligation to designate an aerosol dispenser referred to in paragraph 1 (c) shall be without prejudice to the obligation to designate an aerosol dispenser under another legislation3) or directly applicable regulation.
3) For example, Act No. 350 / 2011 Coll., on Chemicals and Chemical Mixtures and on the amendment of certain laws (Chemical Act), as amended by Act No. 297 / 2013 Coll., Decree No. 402 / 2011 Coll., on the Evaluation of Dangerous Properties of Chemicals and Chemical Mixtures, and the Packaging and Labelling of Dangerous Chemical Mixtures. '
6. In Article 6 (4), "1.4.8 'is replaced by" 1.4.10' and "1.4.9 'is replaced by" 1.4.11'.
7. In Annex 1, point 1, the words "manufacturer or importer 'are replaced by the words" person responsible for placing an aerosol dispenser on the market'.
8. In Annex 1, points 1.2 and 1.3, including footnotes 5 to 10, read:
"1.2. Markings on aerosol dispensers
1.2.1. Labelling on aerosol dispensers containing mixtures or substances
Without prejudice to the legislation concerning the classification, packaging and labelling of dangerous substances and preparations, in particular as regards the risk of damage to health or the environment, the following particulars shall appear on each aerosol dispenser containing the mixtures visibly, legibly and indelibly:
(a) "The container is under pressure: do not expose to sunlight and temperatures above 50 ° C. Do not break through or throw into the fire."
(b) when aerosol is classified as "flammable" or "extremely flammable" on the basis of the criteria set out in point 1.4.11;
(i) a flame symbol in accordance with the model laid down in another legislation (5) governing the evaluation of the hazardous properties of chemicals and chemical mixtures and the packaging and labelling of dangerous chemical mixtures;
(ii) the warning "flammable" or "extremely flammable," depending on the classification of the dispenser as "flammable" or "extremely flammable."
1.2.2 Labelling on aerosol dispensers containing mixtures
Without prejudice to the requirements of the Regulation directly applicable, the labelling of each aerosol dispenser containing the mixtures may contain the following visible, distinct and indelible particulars instead of the particulars referred to in paragraphs 1.2.1 and 1.3:
(a) any filling:
(i) the hazard statement H229 as specified in the directly applicable Regulation (7);
(ii) the precautionary statements P210 and P251 according to the Regulation directly applicable (8);
(iii) the precautionary statements P410 and P412 according to the directly applicable Regulation (9);
(iv) a safety directive P102 according to the Regulation directly applicable (10) if the aerosol dispenser is a consumer product;
(v) any other instructions for use which alert the consumer to the specific hazards associated with the product. Where an aerosol dispenser is accompanied by separate instructions for use, such instructions for use shall be provided,
(b) when aerosol is classified as "non-flammable" on the basis of the criteria set out in point 1.4.11, the signal word "warning" and other elements of the marking for "Category 3 aerosols" according to the directly applicable Regulation (7);
(c) when aerosol is classified as "flammable" on the basis of the criteria set out in point 1.4.11, the signal word "warning" and other elements of the marking for "Category 2 flammable aerosols" according to the directly applicable Regulation (7);
(d) when aerosol is classified as "extremely flammable" on the basis of the criteria set out in point 1.4.11, the signal word "danger" and other elements of the marking for "Category 1 flammable aerosols" according to the directly applicable Regulation (7).
1.3. Specific data concerning the use of aerosol dispensers containing mixtures or substances
Without prejudice to the legislation concerning the classification, packaging and labelling of dangerous substances and preparations, in particular as regards the risk of damage to health or the environment, the following particulars shall appear on each aerosol dispenser containing the mixtures visibly, legibly and indelibly:
(a) any additional instructions for use which alert the consumer to a particular product hazard; where separate instructions for use are attached to the aerosol dispenser containing the mixture, such instructions shall be provided;
(b) if the aerosol is classified as "flammable" or "extremely flammable" on the basis of the criteria set out in 1.4.11, the following warnings:
(i) the precautionary guidelines S2 and S16 referred to in another legislation (6) governing the assessment of the hazardous properties of chemicals and chemical mixtures and the packaging and labelling of dangerous chemical mixtures;
(ii) "Do not spray into open fire or hot objects."
5) Annex 5 to Decree No. 402 / 2011 Coll.
6) Annex No 7 to Decree No. 402 / 2011 Coll.
7) Annex I, Table 2.3.1, to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended.
8) Annex IV, Part 1, Table 6.2 to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended.
9) Annex IV, Part 1, Table 6.4 to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended.
10) Annex IV, Part 1, Table 6.1 to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended. ';
9. In Annex 1, points 1.2 and 1.3, including footnotes 5 to 10, read:
"1.2. Markings on aerosol dispensers
1.2.1. Labelling on aerosol dispensers containing mixtures
Without prejudice to the legislation concerning the classification, packaging and labelling of dangerous substances and preparations, in particular as regards the risk of damage to health or the environment, the following particulars shall appear on each aerosol dispenser containing the mixtures visibly, legibly and indelibly:
(a) "The container is under pressure: do not expose to sunlight and temperatures above 50 ° C. Do not break through or throw into the fire."
(b) when aerosol is classified as "flammable" or "extremely flammable" on the basis of the criteria set out in point 1.4.11;
(i) a flame symbol in accordance with the model laid down in another legislation (5) governing the evaluation of the hazardous properties of chemicals and chemical mixtures and the packaging and labelling of dangerous chemical mixtures;
(ii) the warning "flammable" or "extremely flammable," depending on the classification of the dispenser as "flammable" or "extremely flammable."
1.2.2 Labelling on aerosol dispensers containing substances
Without prejudice to the requirements of the Regulation directly applicable, the labelling of each aerosol dispenser containing the substance shall include the following visible, distinct and indelible particulars:
(a) any filling:
(i) the hazard statement H229 as specified in the directly applicable Regulation (7);
(ii) the precautionary statements P210 and P251 according to the Regulation directly applicable (8);
(iii) the precautionary statements P410 and P412 according to the directly applicable Regulation (9);
(iv) a safety directive P102 according to the Regulation directly applicable (10) if the aerosol dispenser is a consumer product;
(v) any other instructions for use which alert the consumer to the specific hazards associated with the product. Where an aerosol dispenser is accompanied by separate instructions for use, such instructions for use shall be provided,
(b) when aerosol is classified as "non-flammable" on the basis of the criteria set out in point 1.4.11, the signal word "warning" and other elements of the marking for "Category 3 aerosols" according to the directly applicable Regulation (7);
(c) when aerosol is classified as "flammable" on the basis of the criteria set out in point 1.4.11, the signal word "warning" and other elements of the marking for "Category 2 flammable aerosols" according to the directly applicable Regulation (7);
(d) when aerosol is classified as "extremely flammable" on the basis of the criteria set out in point 1.4.11, the signal word "danger" and other elements of the marking for "Category 1 flammable aerosols" according to the directly applicable Regulation (7).
1.3. Specific data concerning the use of aerosol dispensers containing mixtures
Without prejudice to the legislation concerning the classification, packaging and labelling of dangerous substances and preparations, in particular as regards the risk of damage to health or the environment, the following particulars shall appear on each aerosol dispenser containing the mixtures visibly, legibly and indelibly:
(a) any additional instructions for use which alert the consumer to a particular product hazard; where separate instructions for use are attached to the aerosol dispenser containing the mixture, such instructions shall be provided;
(b) if the aerosol is classified as "flammable" or "extremely flammable" on the basis of the criteria set out in 1.4.11, the following warnings:
(i) the precautionary guidelines S2 and S16 referred to in another legislation (6) governing the assessment of the hazardous properties of chemicals and chemical mixtures and the packaging and labelling of dangerous chemical mixtures;
(ii) "Do not spray into open fire or hot objects."
Aerosol dispensers containing mixtures may be marked instead of point 1.2.1 and point 1.3 as referred to in point 1.2.2.
5) Annex 5 to Decree No. 402 / 2011 Coll.
6) Annex No 7 to Decree No. 402 / 2011 Coll.
7) Annex I, Table 2.3.1, to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended.
8) Annex IV, Part 1, Table 6.2 to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended.
9) Annex IV, Part 1, Table 6.4 to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended.
10) Annex IV, Part 1, Table 6.1 to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended. ';
10. In Annex 1, point 1.2, including footnotes 7 to 10, read:
"1.2. Markings on aerosol dispensers
Without prejudice to the requirements of the Regulation directly applicable, the marking of each aerosol dispenser shall contain the following visible, distinct and indelible particulars:
(a) any filling:
(i) the hazard statement H229 as specified in the directly applicable Regulation (7);
(ii) the precautionary statements P210 and P251 according to the Regulation directly applicable (8);
(iii) the precautionary statements P410 and P412 according to the directly applicable Regulation (9);
(iv) a safety directive P102 according to the Regulation directly applicable (10) if the aerosol dispenser is a consumer product;
(v) any other instructions for use which alert the consumer to the specific hazards associated with the product. Where an aerosol dispenser is accompanied by separate instructions for use, such instructions for use shall be provided,
(b) when aerosol is classified as "non-flammable" on the basis of the criteria set out in point 1.4.11, the signal word "warning" and other elements of the marking for "Category 3 aerosols" according to the directly applicable Regulation (7);
(c) when aerosol is classified as "flammable" on the basis of the criteria set out in point 1.4.11, the signal word "warning" and other elements of the marking for "Category 2 flammable aerosols" according to the directly applicable Regulation (7);
(d) when aerosol is classified as "extremely flammable" on the basis of the criteria set out in point 1.4.11, the signal word "danger" and other elements of the marking for "Category 1 flammable aerosols" according to the directly applicable Regulation (7).
7) Annex I, Table 2.3.1, to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended.
8) Annex IV, Part 1, Table 6.2 to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended.
9) Annex IV, Part 1, Table 6.4 to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended.
10) Annex IV, Part 1, Table 6.1 to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended. ';
footnotes 5 and 6 are deleted.
11. In Annex 1, point 1.3 is deleted.
12. in Annex 1, point 1.4.12 (b), the words "Manufacturer or importer" are replaced by the words "Person responsible for marketing the aerosol dispenser."
13. In Annex 1, the following points 1.4.8 and 1.4.9 are inserted after point 1.4.7:
"1.4.8. A substance as defined in Article 2 (7) of the Regulation directly applicable.
1.4.9 Mixtures the mixture as defined in Article 2 (8) of the Regulation directly applicable. '
Points 1.4.8 to 1.4.10 shall be renumbered as points 1.4.10 to 1.4.12.
14. In Annex 1, point 3.1.4 (c), in Table 1, in the second row, "50 'is replaced by" 80'.
15. In Annex 2, points 1 and 1.4.3 (c), the words "manufacturer or importer 'are replaced by the words" person responsible for placing an aerosol dispenser on the market'.
16. in Annex 2, points 1.2, 1.3 and 1.4.3 (b), the words "Manufacturer or importer" are replaced by the words "Person responsible for placing an aerosol dispenser on the market."
Transitional provision
Aerosol dispensers containing mixtures which comply with the requirements laid down in Government Regulation No 194 / 2001 Coll., as effective before the date of entry into force of this Regulation and which were or will be placed on the market before 1 June 2015, may not comply with the requirements of Government Regulation No 194 / 2001 Coll., as effective from the date of entry into force of this Regulation until 1 June 2017.
Efficacy
This Regulation shall enter into force on the day of its publication, except for:
(a) point 9 of Article I, which shall take effect on 19 June 2014; and
(b) Article I (4), (10) and (11), which shall take effect on 1 June 2015.
Prime Minister:
Sobotka v. r.
Minister for Industry and Trade:
Ing. Mládek, CSc., v. r.
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Regulation Information
| Citation | Government Regulation No. 80 / 2014 Coll., amending Government Regulation No. 194 / 2001 Coll., laying down technical requirements for aerosol dispensers, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.05.2014 |
|---|---|
| Effective from | 07.05.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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