Directive 75/324/EEC is amended as follows:
(1)
in Article 8, paragraph 1 is amended as follows:
(a)
the introductory sentence is replaced by the following:
‘1. Without prejudice to Regulation (EC) No 1272/2008 of the European Parliament and of the Council ( *1 ) , each aerosol dispenser or, where particulars cannot be put on the aerosol dispenser due to its small dimensions (maximum capacity of 150 ml or less) a label attached thereto must bear the following particulars in visible, legible and indelible characters:
( *1 )
OJ L 353, 31.12.2008, p. 1 .’;"
(b)
point (d) is replaced by the following:
‘(d)
the details referred to in point 2.2 of the Annex,’;
(2)
the Annex is amended as follows:
(a)
in point 1, the following points 1.7a and 1.7b are inserted:
‘1.7a. Substance
“Substance” means substance as defined in Article 2(7) of Regulation (EC) No 1272/2008.
1.7b. Mixture
“Mixture” means mixture as defined in Article 2(8) of Regulation (EC) No 1272/2008’;
(b)
in point 2, points 2.2 to 2.4 are replaced by the following:
‘2.2. Labelling
Without prejudice to Regulation (EC) No 1272/2008, each aerosol dispenser must visibly bear the following legible and indelible marking:
(a)
whatever its contents:
(i)
the hazard statement H229: “Pressurised container: May burst if heated”;
(ii)
the precautionary statements P210 and P251 provided for in Part 1, Table 6.2 of Annex IV to Regulation (EC) No 1272/2008;
(iii)
the precautionary statement P410 + P412 provided for in Part 1, Table 6.4 of Annex IV to Regulation (EC) No 1272/2008;
(iv)
the precautionary statement P102 provided for in Part 1, Table 6.1 of Annex IV to Regulation (EC) No 1272/2008, where the aerosol dispenser is a consumer product;
(v)
any additional operating precautions which alert consumers to the specific dangers of the product; if the aerosol dispenser is accompanied by separate instructions for use, the latter must also reflect such operating precautions;
(b)
where the aerosol is classified as “non-flammable” according to the criteria of point 1.9, the signal word “Warning”;
(c)
where the aerosol is classified as “flammable” according to the criteria of point 1.9, the signal word “Warning” and the other label elements for “Flammable Aerosols Category 2” provided for in Table 2.3.2 of Annex I to Regulation (EC) No 1272/2008;
(d)
where the aerosol is classified as “extremely flammable” according to the criteria of point 1.9, the signal word “Danger” and the other label elements for “Flammable Aerosols Category 1” provided for in Table 2.3.2 of Annex I to Regulation (EC) No 1272/2008.
2.3. Volume of the liquid phase
The volume of the liquid phase at 50 °C must not exceed 90 % of the net capacity’.