S.I. No. 166/1983 - European Communities (Aerosol Dispensers and Prepacked Goods) Regulations, 1983.

S.I. No. 166 of 1983.

EUROPEAN COMMUNITIES (AEROSOL DISPENSERS AND PREPACKED GOODS) REGULATIONS, 1983.

I, FRANK CLUSKEY, Minister for Trade, Commerce and Tourism, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 80/232/EEC of 15 January, 1980⁽¹⁾, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Aerosol Dispensers and Prepacked Goods) Regulations, 1983.

2. In these Regulations—

"the Directive" means Council Directive No. 80/232/EEC of 15 January, 1980⁽¹⁾;

⁽¹⁾O.J. No. L51/1, 25.2.1980.

"the 1977 Regulations" means the European Communities (Aerosol Dispensers) Regulations, 1977 ( S.I. No. 144 of 1977 ).

3. (1) Nothing in Regulation 4 (1) of the 1977 Regulations shall be construed as prohibiting the marketing of any aerosol dispenser referred to in Annex III of the Directive which complies with the requirements of the Directive.

(2) Nothing in the Merchandise Marks (Prepacked Goods) (Marking and Quantities) Order, 1973 ( S.I. No. 28 of 1973 ), as amended by the Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order, 1973 ( S.I. No. 267 of 1973 ), the Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order, 1979 ( S.I. No. 222 of 1979 ), and the Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order, 1981 (S.I. No. 394 of 1981), shall be construed as prohibiting or regulating the packing, importation or sale of any prepackaged product which is a product to which the Directive applies and whose prepackage complies with the requirements of the Directive.

(3) In relation to an aerosol which complies with the Directive, Regulation 4 (2) of the 1977 Regulations shall be construed and have effect as if the requirements referred to therein did not include the requirements relating to net contents by weight of Article 8 (1) (e) of Council Directive 75/324/EEC of 20 May, 1975⁽²⁾.

⁽²⁾O.J. No. L147/40, 9.6.1975.

GIVEN under my Official Seal, this 13th day of June, 1983.

FRANK CLUSKEY,

Minister for Trade, Commerce and

Tourism.

EXPLANATORY NOTE.

These Regulations give effect to Council Directive 80/232/EEC on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain prepackaged products. Member States may not refuse, prohibit or restrict the placing on the market on the grounds of their quantity or capacity of prepackages which satisfy the requirements of the Directive.