439. Ordinance of the Federal Minister for economy, family and youth, modifies the Ordinance, aerosols (aerosol Pack regulations 2009)
On the basis of articles 6 and 24 of the boilers Act, Federal Law Gazette No. 211/1992, as last amended by the Federal Act Federal Law Gazette I no. 28/2012, is prescribed:
The aerosol packaging Ordinance 2009, Federal Law Gazette II No. 314/2009, is amended as follows:
1. paragraph 2 paragraph 2:
"(2) aerosol dispensers are aerosols according to the provisions of the European Agreement concerning the international carriage of dangerous goods by road (ADR), Federal Law Gazette No. 522/1973, including attachments in the internationally applicable and made manifest in the Federal Law Gazette version."
2. § receives the sales designation (5) 2 paragraph 3, following paragraph 3 and 4 are added:
"(3) placing on the market"means no. 2 Z 18 of Regulation (EC) in accordance with article 1272/2008 on classification, labelling and packaging of substances and mixtures, OJ No L 353 of 31.12.2008, p. 1, last amended by Regulation (EC) No. 758/2013, OJ No. L 216 of the 10.8.2013, S 1, the fee-paying or free of charge to third parties or provision to third parties. The importation is regarded as placing on the market.
(4) the term "flammable" is synonymous with the term to understand 'flammable'."
3. § 7 paragraph 1 introductory part is:
"Section 7 (1) without prejudice to Regulation (EC) No. 1272/2008 must on each aerosol dispenser or unless it's aerosols 150 ml or less total capacity on a label to be affixed in clearly visible, legible and indelible following German language information:"
4. in section 7, para 1, point 4, the expression "and Z 2.3" is omitted.
5. in article 7, paragraph 2 is replaced in the word after the colon "inflammatory" "flammable" through the word:
6 articles 9 to 11 including headings are eliminated.
7 § is 12 paragraph labeled "section 9", in paragraph 2 the phrase "without prejudice to section 11", and following paragraph 3 does not apply and 4 are attached:
"(3) section 2 paragraph 2 to 5 and article 10 together with the heading in the version of regulation BGBl. II Nr 439/2013 occur with expiration of the day of their promulgation in the Federal Law Gazette in force;" at the same time, the articles 9 to 11 in the version before the Ordinance BGBl. No. 439/2013 override occur II.
(4) No. 439/2013 II section 7 and the system in the version of regulation BGBl. with 19 June 2014 into force. For aerosol dispensers, the mixtures (System Z 1.7 b) containing the following shall apply:
1. on these packs, section 7 and the system in the version of regulation BGBl. are to apply II No. 439/2013 until 1 June 2015.
2. you may but before 1 June 2015, in accordance with the in the Z 1 these provisions are marked.
3 packs, marked in accordance with this regulation in the version prior to Regulation BGBl. II Nr 439/2013, and brought before 1 June 2015 in traffic must be from 1 June 2017 according to the in the Z 1 provisions newly identified."
8 the following article 10 together with the heading is added:
"Implementation of legal acts of the European Union
§ 10. Through this regulation, the directive is Council Directive 75/324/EEC on the approximation of the laws of the Member States relating to aerosol dispensers, OJ No. L 147 of 9.6.1975, p. 40, as amended by the Directive 2013/10/EC, OJ No. L 77 of 20.3.2013, S. 20, implemented."
9. in the system, the Z 1.7a and 1.7 b are inserted after Z 1.7:
"1.7a material for"Substance"is the definition given in article 2, paragraph 7 of Regulation (EC) no 1272/2008."
"1.7b mixture for 'Mixture' shall apply the definition in article 2, paragraph 8 of Regulation (EC) no 1272/2008."
10 Z 2.2 of the system is:
"2.2. labelling without prejudice to the provisions of Regulation (EC) (No. 1272/2008 must carry any aerosol dispenser following clearly visible, easily legible and indelible marking: a) regardless of the content:-the risk phrase H229, container is under pressure: can burst when heated";
-that in Regulation (EC) No. 1272/2008 annex IV, part 1, table 6.2 contained safety instructions P210 and P251;
-that in Regulation (EC) No. 1272/2008 annex IV, part 1, table 6.4 contained safety instructions P410 and P412;
-of Regulation (EC) No. 1272/2008 annex IV, part 1, table 6.1 contained Security Note P102, if it is a consumer product in the aerosol dispenser;
-other additional safety instructions, which prompts consumers to the specific dangers of the product; an aerosol dispenser with a separate instruction manual is provided, must be included in these safety instructions.
(b) the signal word "Warning", if the aerosol as "not flammable" is classified according to the criteria of Z 1.9.
(c) the signal word "Warning", as well as the others in the Regulation (EC) No. 1272/2008 annex I table 2.3.1 laid down labelling components for "flammable aerosols of category 2", if the aerosol in accordance with the criteria of point 1.9 as 'flammable' is classified.
"d) the signal word"Danger", as well as the others in the Regulation (EC) No. 1272/2008 annex I table 2.3.1 laid down labelling components for"flammable aerosols of category 1", if the aerosol in accordance with the criteria of point 1.9 as 'extremely flammable' is classified."
11 Z 2.4 of the plant is labeled "2.3".
12 Z 2.5 of the plant is eliminated.
13. in the Z 220.127.116.11 lit. (c) the installation is replaced the phrase "in the amended"by the phrase", including attachments in the internationally applicable and made manifest in the Federal Law Gazette version".