Article 3
1 The product group ‘water-based aerosol spray paints’ shall comprise integral ready-to-use metal packages intended to be used by consumers and professional users to impart decorative or special performance characteristics to buildings, their trim or fittings and associated structures. The metal packages shall be equipped with a valve and a water-based paint formulation which is dispensed by pre-stored pressure in a controlled manner when the valve is operated. 2. The product group ‘water-based aerosol spray paints’ shall not include the following: (a) aerosol spray paints with an organic solvent-based paint formulation; (b) aerosol spray paints that are classified as an extremely flammable aerosol (H222) or a flammable aerosol (H223) under the classification rules for mixtures set out in Regulation (EC) No 1272/2008 of the European Parliament and of the Council ( 7 ) ; (c) aerosol spray paints marketed as having anti-microbial, anti-bacterial, anti-viral, disinfectant or other primary biocidal effects for the benefit of human health or related to hygiene standards in the food or drink industry, health services or any other sector, that extend beyond in-can preservation and preservation of the dry film (that is to say, beyond biocidal product types 6 and 7 as defined in Annex V to Regulation (EU) No 528/2012); (d) water-based aerosol spray paints marked as substitutes for conventional paints in large-scale applications, for both wall and ceiling surfaces; (e) water-based aerosol spray paints used for road-marking paints.