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S.I. No. 127/1995 - European Communities (Aerosol Dispensers) (Amendment) Regulations, 1995.

S.I. No. 127 of 1995.

EUROPEAN COMMUNITIES (AEROSOL DISPENSERS) (AMENDMENT) REGULATIONS, 1995.

I, RICHARD BRUTON, T.D., Minister for Enterprise and Employment, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Commission Directive 94/1/EC of 6 January, 1994 (i) hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Aerosol Dispensers) (Amendment) Regulations, 1995.

2. The European Communities (Aerosol Dispensers) Regulations, 1977 ( S.I. No. 144 of 1977 ), are hereby amended by—

( a ) the substitution in Regulation 2(1) for the definition of "the Council Directive" of the following definition:

"the Council Directive means Council Directive 75/324/EEC of 20 May 1975 as amended by Commission Directive 94/1/EC of 6 January, 1994".

( b ) the insertion of the following paragraphs in Regulation 4:

"(3) Subject to paragraph (4) of this Regulation, where the person responsible for the marketing of aerosol dispensers is in possession of test results or other data showing that, although those aerosol dispensers have flammable contents, they do not present any risk of ignition under normal or reasonably foreseeable conditions of use, he may on his own responsibility decide not to apply the provisions of points 2.2 (b) and 2.3 (b) of the Annex to the Council Directive.

(1)O.J. No. L23, 28.1.94, p28.

(4) In cases to which paragraph (3) of this Regulation applies, the person responsible for the marketing of aerosol dispensers shall make a copy of such documents available to the Minister for Enterprise and Employment.

(5) In cases to which paragraph (3) of this Regulation applies, the quantity of flammable material contained in the aerosol dispenser shall be stated clearly on the label in the form of the following legible and indelible wording: "X % by mass of the contents are flammable".

GIVEN under my Official Seal, this 17th day of May, 1995.

RICHARD BRUTON,

Minister for Enterprise and Employment.

EXPLANATORY NOTE.

The European Communities (Aerosol Dispensers) Regulations 1977 gave legal effect to Council Directive 75/324/EEC which lays down provisions for the manufacture, filling, marketing and labelling of aerosol dispensers. The purpose of the amending Regulations for aerosol dispensers, which implement Commission Directive 94/1/EC and which come into operation on the making thereof, is to adapt technical specifications and labelling requirements to technical progress.