Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th December, 2017.

I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purposes of giving further effect to Council Directive 75/324/EEC of 20 May 1975¹ and effect to Commission Directive (EU) 2016/2037 of 21 November 2016² , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Aerosol Dispensers) (Amendment) Regulations 2017.

(2) These Regulations shall come into operation on 12 February 2018.

2. The European Communities (Aerosol Dispensers) Regulations 1977 ( S.I. No. 144 of 1977 ) are amended in Regulation 2(1) by the substitution of the following definition for the definition of “Council Directive” (amended by Regulation 2 of the European Communities (Aerosol Dispensers) (Amendment) Regulations 2014 ( S.I. No. 72 of 2014 )):

“ ‘Council Directive’ means Council Directive 75/324/EEC of 20 May 1975¹, as amended by—

(a) Commission Directive 94/1/EC of 6 January 1994³ ,

(b) Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007⁴ ,

(c) Commission Directive 2008/47/EC of 8 April 2008⁵ ,

(d) Commission Directive 2013/10/EU of 19 March 2013⁶ , and

(e) Commission Directive (EU) 2016/2037 of 21 November 2016².”.

3. The European Communities (Aerosol Dispensers) (Amendment) Regulations 2009 ( S.I. No. 446 of 2009 ) are amended by—

(a) the deletion of Regulation 3, and

(b) the deletion of the Schedule to those Regulations.

GIVEN under my Official Seal,

12 December 2017.

HEATHER HUMPHREYS,

Minister for Business, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to Commission Directive (EU) 2016/2037 of 21 November 2016, which amends the Aerosol Directive (Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers), as regards the maximum allowable pressure of aerosol dispensers and to adapt its labelling provisions to Regulation (EC) No 1272/2008 of the European Union and Parliament and of the Council on classification, labelling and packaging of substances and mixtures.

1 OJ L 147, 9.6.1975, p.40

2 OJ L 314, 22.11.2016, p.11

3 OJ L 23, 28.1.1994, p.28

4 OJ L 247, 21.9.2007, p.17

5 OJ L 96, 9.4.2008, p.15

6 OJ L 77, 20.3.2013, p.20