In the Directive 75 / 324 / CEE sets standards concerning the marketing of aerosol generators. Also, harmonizes security requirements aerosol generators, including requirements relating to the nominal capacity, packaging and other dangers associated with the pressure and labelling requirements of aerosol generators that fall within its scope and marketed under the provisions of this directive

Technical progress and innovation has in recent years, the development of aerosol generators with innovative non-flammable propellant, mainly with compressed gases such as nitrogen, compressed air or carbon dioxide. However, the current maximum allowable pressure aerosol generators provided by Directive 75 / 324 / CEE limits the development of this type of aerosol generators, since adversely affects the effectiveness of spray the same throughout its life.

The increasing pressure allowable aerosol generators with a non-flammable propellant would create more choice for manufacturers and therefore the possibility of using these aerosol generators for more applications. Therefore, would, to the extent possible, switch to using non-flammable gases instead of flammable, thereby improving the efficiency and environmental performance of aerosol generators and guarantee at the same time the current levels of security in the Royal Decree 1381 / 2009.

For its part, the regulation (CE) No 1272 / 2008 of the European Parliament and of the council aims to the harmonisation of the classification and labelling of substances and mixtures in the union. Although the provisions on labelling of the royal decree 1381 / 2009, 28 August, which transposes Directive 75 / 324 / CEE, already adapted to this regulation through transposition in our legal system of the directive 2013 / 10 / UE done through the Royal Decree 473 / 2014, 13 June, it needs a new adaptation to reflect subsequent amendments envisaged by the regulation (HAT) No 487 / 2013. Therefore, it is important to increase legal clarity and consistency with the labelling requirements of rules (CE) No 1272 / 2008, although without imposing any new obligations.

Both changes have been made through the directive (HAT) 2016 / 2037 of the committee, 21 November 2016, amending Directive 75 / 324 / CEE on the approximation of the laws of the member states on the generators aerosols, to adapt its provisions on labelling to Regulation (CE) # 1272 / 2008 of the European Parliament and of the council on classification, labelling and packaging of substances and mixtures and transposing the Spanish legal system through this Royal Decree, amending the royal decree 1381 / 2009, 28 August, which establishes the requirements for the manufacture and marketing of aerosol generators.

This royal decree aims to transpose into national legislation this directive (HAT) 2016 / 2037.

In accordance with article 26.6 of law 50 / 1997 of 27 November, the government, this provision is submitted to the handling of public information.

Texto del Proyecto de Real Decreto [PDF] [123.4 KB]