80/2014 Sb.
REGULATION OF THE GOVERNMENT
of 9 June. April 2014,
amending Government Decree No. 194/2001 Coll., laying down
technical requirements for aerosol dispensers, as amended
the laws of the
The Government ordered pursuant to section 22 of Act No. 22/1997 Coll., on technical
requirements for products and amending and supplementing certain acts, as amended by
Law No 71/2000 Coll., Act No. 205/2002 Coll. and Act No. 34/2011 Sb.
(hereinafter referred to as "the Act") for the implementation of section 12(2). 1 and 3 and section 13 (3). 2 of the Act:
Article. (I)
Regulation of the Government No. 194/2001 Coll., laying down technical requirements
to aerosol dispensers, as amended by regulation of the Government No. 305/2006 Coll.
Regulation of the Government No. 315/2009 Coll., is hereby amended as follows:
1. In article 1, paragraph 1, including the footnotes 1 and 2:
"(1) this regulation incorporates the relevant provisions of the European Union
relating to aerosol dispensers ^ 1), at the same time follows on directly
applicable regulation the European Union governing the area classification,
labelling and packaging of substances and mixtures ^ 2) (hereinafter referred to as "directly applicable
prescription ") and modifies the technical requirements for aerosol dispensers.
1) Council Directive 75/324/EEC of 20. May 1975 on the approximation of the laws,
the laws of the Member States relating to aerosol dispensers.
Commission Directive 94/1/EC of 6 May 2003. January 1994, adapting
technical progress Council Directive 75/324/EEC on the approximation of the laws
the laws of the Member States relating to aerosol dispensers.
Commission Directive 2008/47/EC of 8 June 2004. 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 December. March 2013, amending
Council Directive 75/324/EEC on the approximation of the laws of the Member States
relating to aerosol dispensers, that its provisions on
labelling tailored to European Parliament and Council Regulation (EC) No.
1272/2008 on classification, labelling and packaging of substances and mixtures.
2) European Parliament and Council Regulation (EC) no 1272/2008 of 16 September.
December 2008 on classification, labelling and packaging of substances and mixtures, amending
and repeal 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" shall be replaced by the words "the person
responsible for the marketing of aerosol dispensers on the market ".
3. In section 6 (1). 1 the words "manufacturer or importer" shall be replaced by the words "the person
responsible for the marketing of aerosol dispensers on the market ".
4. In section 6 (1). 1 (a). (c)), the words "points 1.2 and 1.3 shall be replaced by
"1.2".
5. In section 6 paragraph 3 including a footnote No 3:
"(3) the obligation provided for in paragraph mark aerosol dispenser
1 (a). (c)) shall not affect the obligation to indicate the aerosol dispenser under the
other legislation ^ 3) or by directly applicable regulation.
3) for example, law No. 350/2011 Coll., on chemical substances and chemical
feedingstuffs and amending some laws (chemical Act), as amended by Act No.
297/2013 Coll., Decree No. 402/2011 Coll., on evaluation of dangerous
the properties of chemical substances and chemical mixtures and packaging and labelling
hazardous chemical mixtures ".
6. In section 6 (1). 4, the words "1.4.8" shall be replaced by "1.4.10" and the words
"1.4.9" shall be replaced by "1.4.11".
7. In annex 1, point 1, the words "manufacturer or importer" shall be replaced by
the words "person responsible for the marketing of aerosol dispensers on the market".
8. in annex No. 1 in points 1.2 and 1.3 including the footnotes No 5 to 10
added:
"1.2. The markings on the aerosol dispenser
1.2.1 the label on the aerosol dispenser containing a mixture or substance
Without prejudice to the legal provisions relating to the classification, packaging and
labelling of dangerous substances and preparations, in particular as regards the
risk of damage to health or the environment, every
aerosol dispenser containing mixtures are visibly, legibly and
indelibly the following information shall:
and) "Container is under pressure: do not expose to sunlight and temperatures
above 50 ° c. The now empty container or dilator through the, or throw batteries into the
fire. "
(b)) if the aerosol is classified as "flammable" or "extremely flammable" on
the basis of the criteria laid down in point 1.4.11,
even the flame symbol) the model in another regulation of the ^ 5)
governing the evaluation of the hazardous properties of chemical substances and
chemical mixtures and packaging and labelling of dangerous chemical mixtures,
II) warning of "flammable" or "extremely flammable", depending on the
the classification of the dispensers as "flammable" or "extremely flammable".
1.2.2 the label on the aerosol dispenser containing a mixture of
Without prejudice to the requirements directly applicable provision may indicate
each aerosol dispenser containing mixtures contain place
the data referred to in paragraphs 1.2.1 and 1.3 these visible, clear and
indelible details:
and) whatever its contents:
I) standard theorem of danger in the wording given in H229 directly
the applicable prescription ^ 7),
II) guidelines for safe handling P210 and P251 by directly applicable
Code ^ 8),
III) guidelines for safe handling and P412 P410 under directly applicable
^ Code 9)
IV) instruction for the safe treatment by directly applicable P102
Code ^ 10), if a consumer product is the aerosol dispenser,
in all other instructions) the use which the consumer notifies the
specific hazards associated with the product. If aerosolovému
dispenser accompanied by separate instructions for use must be such
instructions for use listed,
(b)) if the aerosol is classified as "non-flammable" on the basis of criteria
laid down in point 1.4.11, the signal word "warning" and other elements
the indication for "aerosols category 3" by directly applicable
Code ^ 7),
(c)) where the aerosol is classified as "flammable" on the basis of criteria
laid down in point 1.4.11, the signal word "warning" and other elements
the indication for "flammable aerosols category 2" according to the directly applicable
Code ^ 7),
(d)) where the aerosol is classified as "extremely flammable" on the basis of the
the criteria laid down in point 1.4.11, the signal word "danger" and other
the elements of the mark for "flammable aerosols category 1" by directly
the applicable prescription ^ 7).
1.3. Specific information relating to the use of aerosol dispensers
containing the mixture or substance
Without prejudice to the legal provisions relating to the classification, packaging and
labelling of dangerous substances and preparations, in particular as regards the
risk of damage to health or the environment, every
aerosol dispenser containing mixtures are visibly, legibly and
indelibly the following information shall:
and any additional instructions) to the use which the consumer notifies the
the specific dangers of the product; If the aerosolovému dispenser
containing a mixture of accompanied by separate instructions for use, shall be
such instructions for use are listed,
(b)) if the aerosol is classified as "flammable" or "extremely flammable" on
the basis of the criteria laid down in point 1.4.11, this warning:
I) guidelines for safe handling of S2 and S16 laid down in other legal
^ 6) Regulation governing the evaluation of the hazardous properties of chemical
substances and chemical mixtures and packaging and labelling of dangerous chemicals
mixtures,
(ii)) "do not spray into open flames or incandescent objects."
5) Annex No. 5 to Decree No. 402/2011 Sb.
6) Annex No. 7 to Decree No. 402/2011 Sb.
7) Annex I to table 2.3.1 to regulation of the European Parliament and of the Council (EC)
No 1272/2008, as amended.
8) annex IV, part 1, table 6.2 of the regulation of the European Parliament and of the
Council Regulation (EC) no 1272/2008, as amended.
9) annex IV, part 1, table 6.4 to the regulation of the European Parliament and of the
Council Regulation (EC) no 1272/2008, as amended.
10) annex IV, part 1, table 6.1 for the regulation of the European Parliament and of the
Council Regulation (EC) no 1272/2008, as amended. ".
9. in annex No. 1 in points 1.2 and 1.3 including the footnotes No 5 to 10
added:
"1.2. The markings on the aerosol dispenser
1.2.1 the label on the aerosol dispenser containing a mixture of
Without prejudice to the legal provisions relating to the classification, packaging and
labelling of dangerous substances and preparations, in particular as regards the
risk of damage to health or the environment, every
aerosol dispenser containing mixtures are visibly, legibly and
indelibly the following information shall:
and) "Container is under pressure: do not expose to sunlight and temperatures
above 50 ° c. The now empty container or dilator through the, or throw batteries into the
fire. "
(b)) if the aerosol is classified as "flammable" or "extremely flammable" on
the basis of the criteria laid down in point 1.4.11,
even the flame symbol) the model in another regulation of the ^ 5)
governing the evaluation of the hazardous properties of chemical substances and
chemical mixtures and packaging and labelling of dangerous chemical mixtures,
II) warning of "flammable" or "extremely flammable", depending on the
the classification of the dispensers as "flammable" or "extremely flammable".
1.2.2 the label on the aerosol dispenser containing substances
Without prejudice to the requirements directly applicable regulation, the labelling
each aerosol dispenser containing substances include the following
visible, easily legible and indelible:
and) whatever its contents:
I) standard theorem of danger in the wording given in H229 directly
the applicable prescription ^ 7),
II) guidelines for safe handling P210 and P251 by directly applicable
Code ^ 8),
III) guidelines for safe handling and P412 P410 under directly applicable
^ Code 9)
IV) instruction for the safe treatment by directly applicable P102
Code ^ 10), if a consumer product is the aerosol dispenser,
in all other instructions) the use which the consumer notifies the
specific hazards associated with the product. If aerosolovému
dispenser accompanied by separate instructions for use must be such
instructions for use listed,
(b)) if the aerosol is classified as "non-flammable" on the basis of criteria
laid down in point 1.4.11, the signal word "warning" and other elements
the indication for "aerosols category 3" by directly applicable
Code ^ 7),
(c)) where the aerosol is classified as "flammable" on the basis of criteria
laid down in point 1.4.11, the signal word "warning" and other elements
the indication for "flammable aerosols category 2" according to the directly applicable
Code ^ 7),
(d)) where the aerosol is classified as "extremely flammable" on the basis of the
the criteria laid down in point 1.4.11, the signal word "danger" and other
the elements of the mark for "flammable aerosols category 1" by directly
the applicable prescription ^ 7).
1.3. Specific information relating to the use of aerosol dispensers
containing mixtures
Without prejudice to the legal provisions relating to the classification, packaging and
labelling of dangerous substances and preparations, in particular as regards the
risk of damage to health or the environment, every
aerosol dispenser containing mixtures are visibly, legibly and
indelibly the following information shall:
and any additional instructions) to the use which the consumer notifies the
the specific dangers of the product; If the aerosolovému dispenser
containing a mixture of accompanied by separate instructions for use, shall be
such instructions for use are listed,
(b)) if the aerosol is classified as "flammable" or "extremely flammable" on
the basis of the criteria laid down in point 1.4.11, this warning:
I) guidelines for safe handling of S2 and S16 laid down in other legal
^ 6) Regulation governing the evaluation of the hazardous properties of chemical
substances and chemical mixtures and packaging and labelling of dangerous chemicals
mixtures,
(ii)) "do not spray into open flames or incandescent objects."
Aerosol dispensers containing the mixture may be called instead of the
section 1.2.1 and 1.3 instead of in accordance with point 1.2.2.
5) Annex No. 5 to Decree No. 402/2011 Sb.
6) Annex No. 7 to Decree No. 402/2011 Sb.
7) Annex I to table 2.3.1 to regulation of the European Parliament and of the Council (EC)
No 1272/2008, as amended.
8) annex IV, part 1, table 6.2 of the regulation of the European Parliament and of the
Council Regulation (EC) no 1272/2008, as amended.
9) annex IV, part 1, table 6.4 to the regulation of the European Parliament and of the
Council Regulation (EC) no 1272/2008, as amended.
10) annex IV, part 1, table 6.1 for the regulation of the European Parliament and of the
Council Regulation (EC) no 1272/2008, as amended. ".
10. In annex 1, point 1.2, including footnote No 7 to 10 is added:
"1.2. The markings on the aerosol dispenser
Without prejudice to the requirements directly applicable regulation, the labelling
each aerosol dispenser include those visible, clear and
indelible details:
and) whatever its contents:
I) standard theorem of danger in the wording given in H229 directly
the applicable prescription ^ 7),
II) guidelines for safe handling P210 and P251 by directly applicable
Code ^ 8),
III) guidelines for safe handling and P412 P410 under directly applicable
^ Code 9)
IV) instruction for the safe treatment by directly applicable P102
Code ^ 10), if a consumer product is the aerosol dispenser,
in all other instructions) the use which the consumer notifies the
specific hazards associated with the product. If aerosolovému
dispenser accompanied by separate instructions for use must be such
instructions for use listed,
(b)) if the aerosol is classified as "non-flammable" on the basis of criteria
laid down in point 1.4.11, the signal word "warning" and other elements
the indication for "aerosols category 3" by directly applicable
Code ^ 7),
(c)) where the aerosol is classified as "flammable" on the basis of criteria
laid down in point 1.4.11, the signal word "warning" and other elements
the indication for "flammable aerosols category 2" according to the directly applicable
Code ^ 7),
(d)) where the aerosol is classified as "extremely flammable" on the basis of the
the criteria laid down in point 1.4.11, the signal word "danger" and other
the elements of the mark for "flammable aerosols category 1" by directly
the applicable prescription ^ 7).
7) Annex I to table 2.3.1 to regulation of the European Parliament and of the Council (EC)
No 1272/2008, as amended.
8) annex IV, part 1, table 6.2 of the regulation of the European Parliament and of the
Council Regulation (EC) no 1272/2008, as amended.
9) annex IV, part 1, table 6.4 to the regulation of the European Parliament and of the
Council Regulation (EC) no 1272/2008, as amended.
10) annex IV, part 1, table 6.1 for the regulation of the European Parliament and of the
Council Regulation (EC) no 1272/2008, as amended. ".
Footnotes 5 and 6 are deleted.
11. In annex 1, point 1.3 is repealed.
12. In annex 1, point 1.4.12 (a). (b)), the words "manufacturer or importer"
replaced by the words "the person responsible for marketing the aerosol dispenser
on the market ".
13. In annex 1, point 1.4.7 and 1.4.8 points shall 1.4.9,
shall be added:
"1.4.8 Substance substance according to the definition in the article. 2 (2). 7 directly applicable
the prescription.
1.4.9 Mixture mixture according to the definition in the article. 2 (2). 8 directly applicable
Regulation. ".
1.4.8 to 1.4.10 points shall be renumbered as points 1.4.10 to 1.4.12.
14. In annex 1, point 3.1.4 (a). (c)), in table 1, in the second
line number "50" is replaced by "80".
15. In annex 2, point 1 and point (b). 1.4.3 (c)), the words "manufacturer or
the importer "shall be replaced by the words" the person responsible for marketing the aerosol
dispensers on the market ".
16. In annex 2, points 1.2, 1.3 (b). and 1.4.3 (b)), the words "the manufacturer
or importer "shall be replaced by the words" the person responsible for marketing the aerosol
dispensers on the market ".
Article. (II)
The transitional provisions of the
Aerosol dispensers containing mixtures which meet the requirements of
fixed by regulation of the Government No. 194/2001 Coll., as amended effective date
the entry into force of this regulation, and have been or will be placed on the market before
1 June 2015, may not meet the requirements of the regulation of the Government No. 194/2001
Coll., as amended, effective from the date of entry into force of this regulation, and to
up to 1. June 2017.
Article. (III)
The effectiveness of the
This Regulation shall enter into force on the day of its publication, with the exception of the
and) article. I, point 9, which shall take effect on the day of 19. June 2014, and
(b)) article. I, points 4, 10 and 11 which shall take effect on 1 January 2005. June 2015.
The President of the Government:
MSC. in r. Sobotka.
Minister of industry and trade:
Ing. Mládek, CSc., r.
