No L 147/40 Official Journal of the European Communities 9.6.75 COUNCIL DIRECTIVE of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (75/324/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament (1); Having regard to the Opinion of the Economic and Social Committee (2); Whereas, in certain Member States, aerosol dispensers are required to comply with certain mandatory technical specifications; whereas such specifications differ from one Member State to another and, by so doing, hinder trade within the Community; Whereas these barriers to the establishment and- functioning of the common market can be removed- if all the Member States adopt the same specifications, either in addition to or in place of those laid down in their present laws, and whereas these specifications must relate, more particularly, to the manufacture, filling and nominal capacities of aerosol dispensers; Whereas, at the present stage of technical progress, the field of application of this Directive should be limited to aerosol dispensers made of metal, glass or plastic; Whereas the technical specifications listed in the Annex to this Directive will need to be promptly adapted in line with technical progress; whereas, to facilitate - the implementation - of the appropriate necessary measures, a procedure should be laid down for close cooperation between the Member States and the Commission within-a Committee on the adaptation to technical progress of the Directive on aerosol dispensers; (! OJ No C 83, 11. 10. 1973, p. 24. 2) OJ No C 101, 23. 11. 1973, p. 28. Whereas it is possible that some aerosol dispensers placed on the market may represent a safety risk even though they satisfy the requirements of “this Directive and of the Annex thereto; whereas a procedure should therefore be laid down to obviate: this risk, HAS ADOPTED THE FOLLOWING DIRECTIVE : Article 1 This Directive shall apply to' aerosol dispensers as defined in Article 2, with the exception of those with a maximum capacity of less than 50 ml, and those with a maximum capacity greater than that specified in points 3.1, 4.1.1, 4.2.1, 5.1 and 5.2 respectively of the Annex to thlS Dlrectlve Article 2 For the purpose of this Directive; the term ‘aerosol dispenser’ shall mean any non-reusable container made of metal, glass or plastic and containing a gas compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state. Article 3 The person responsible for the marketing of aerosol dispensers shall affix the symbol ‘3’ (inverted epsilon) to aerosol dispensers, as proof that they satisfy the requirements of this Directive and the Annex thereto. Article 4. The Member States may not, for reasons related to- the requirements laid down in this Directive and the Annex thereto, refuse, prohibit or restrict the marketing of any aerosol dispenser which complies with the requirements of this Directive and the Annex thereto.