Aerosol Packaging Regulation 2009

Original Language Title: Änderung der Aerosolpackungsverordnung 2009

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439. Regulation of the Federal Minister for Economic Affairs, Family and Youth, amending the Regulation on aerosol packaging (aerosol packaging ordinance 2009)

Due to § § 6 and 24 of the Kesselgesetz, BGBl. N ° 211/1992, as last amended by the Federal Law BGBl. I No 28/2012, shall be arranged:

The Aerosol Packing Ordinance 2009, BGBl. II No 314/2009, shall be amended as follows:

1. § 2 para. 2 reads:

" (2) aerosol packagings are compressed gas packages in accordance with the provisions of the European Convention on the International Carriage of Dangerous Goods by Road (ADR), BGBl. No 522/1973, together with annexes in the version in force in accordance with international law and published in the Federal Law Gazans. "

2. § 2 para. 3 receives the sales designation "(5)" , the following paragraphs 3 and 4 shall be inserted:

" (3) placing on the market referred to in Article 2 (18) of Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, OJ L 327, 31.12.2008, p. No. 1), as last amended by Regulation (EU) No 758/2013, OJ L 353, 31.12.2008, p. No. OJ L 216, 10.8.2013, p. 1, the delivery to third parties or provision for third parties, whether in return for payment or free of charge. Importation shall be considered as placing on the market

(4) The term "flammable" is synonymous with the term "flammable". "

3. § 7 para. 1 Submission statement reads:

" § 7. (1) Without prejudice to Regulation (EC) No 1272/2008, any aerosol pack or aerosol pack containing 150 ml or less on a label shall be clearly visible, legible and indelible in the German language. the following information should be provided: "

4. In Section 7 (1) (4), the term " "and Z 2.3" .

5. In Section 7 (2), in the phrase after the colon, the word "Flammable" by the word "Flammable" replaced :

6. § § 9 to 11 together with headings are deleted.

7. § 12 receives the title of paragraph "§ 9." , in paragraph 2, the word order shall be deleted "without prejudice to § 11," and the following paragraphs 3 and 4 shall be added:

" (3) § 2 (2) to (5) and § 10, together with the title in the version of the BGBl Regulation. II No. 439/2013 will enter into force at the end of the day of their presentation in the Federal Law Gazette (Bundesgesetzblatt); at the same time, § § 9 to 11 of the German Federal Law Gazette (BGBl) are to be replaced. II No 439/2013.

(4) § 7 and the annex as amended by the BGBl Regulation. II No. 439/2013 will enter into force on 19 June 2014. For aerosol packagings containing mixtures (Annex Z 1.7b):

1.

These packages are § 7 and the annex in the version of the Regulation BGBl. II No 439/2013 only after 1 June 2015.

2.

However, they may already be marked before 1 June 2015 in accordance with the provisions of the provisions of Z 1.

3.

Packs which, in accordance with this Regulation, are in the version prior to the Regulation BGBl. II No 439/2013, marked and placed on the market before 1 June 2015, must not be re-marked as from 1 June 2017 in accordance with the provisions of Z 1. "

8. The following § 10 together with the heading is added:

" Implementation of European Union legal acts

§ 10. This Regulation provides for Council Directive 75 /324/EEC on the approximation of the laws of the Member States relating to aerosol packagings, OJ L 175, 5.7.1975, p. No. 40., as amended by Directive 2013 /10/EU, OJ L 327, 28.12.2013, p. No. OJ L 77, 20.3.2013, p. 20. '

9. In the Annex, the Z 1.7a and 1.7b are inserted after Z 1.7:

" 1.7a

Fabric

For "substance", the definition in Article 2 (7) of Regulation (EC) No 1272/2008 shall apply.

1.7b

Mixture

For "mixture", the definition in Article 2 (8) of Regulation (EC) No 1272/2008 shall apply. "

10. Z 2.2 of the plant is:

" 2.2.

Marking

Without prejudice to the provisions of Regulation (EC) No 1272/2008, each aerosol pack shall bear the following labelling clearly visible, legible and indelibly marked as follows:

a)

Regardless of the content:

-

the hazard hint H229,, container is under pressure: can bersten on heating ";

-

the safety information P210 and P251 contained in Regulation (EC) No 1272/2008 Annex IV, Part 1, Table 6.2;

-

the safety information P410 and P412 contained in Regulation (EC) No 1272/2008 Annex IV, Part 1, Table 6.4;

-

the safety statement P102 contained in Regulation (EC) No 1272/2008, Annex IV, Part 1, Table 6.1, if the aerosol packaging is a consumer product;

-

Other additional safety instructions to indicate to consumers the specific hazards of the product; if an aerosol pack is provided with a separate instructions for use, it must also be included in these safety instructions. .

b)

The signal word "Attention", if the aerosol is classified as "not flammable" in accordance with the criteria of Z 1.9.

c)

The signal word "Attention" and the other labelling constituents of "flammable aerosols of category 2" provided for in Regulation (EC) No 1272/2008 Annex I, Table 2.3.1, if the aerosol is "flammable" in accordance with the criteria of point 1.9. is classified.

d)

The signal word "hazard" and the other labelling constituents provided for in Regulation (EC) No 1272/2008 Annex I, Table 2.3.1, for "Flammable Aerosols of Category 1", if the aerosol is considered to be "extreme" in accordance with the criteria of point 1.9 flammable. "

11. Z 2.4 of the Appendix is given the name "2.3" .

12. Z 2.5 of the installation is deleted.

13. In the Z 6.1.4.1 lit. c of the asset will be the phrase " in the version in force " through the phrase ", together with annexes in the version in force in accordance with international law and published in the Federal Law Gazprom" replaced.

Mitterlehner