Paragraph 2 Amendment to regulation 2I1

England, Wales and Scotland

(1)

Regulation 2 (interpretation) is amended as follows.

(2)

In paragraph (1)—

(a)

omit the definition of “compliance mark”;

(b)

for the definition of “relevant aerosol dispenser” substitute—

““relevant aerosol dispenser” means an aerosol dispenser which does not have a maximum capacity of—
(a)
less than 50ml; or
(b)
greater than that specified—
(i)
in point 3.1 of Schedule 1A, in relation to metal aerosol dispensers (1000ml);
(ii)
in point 4.1.1 of Schedule 1A, in relation to aerosol dispensers with plastic coated or permanently protected glass containers or plastic aerosol dispensers which cannot splinter on bursting (220ml); or
(iii)
in point 4.2.1 of Schedule 1A, in relation to aerosol dispensers with unprotected glass containers or plastic aerosol dispensers which may splinter on bursting (150ml);”.

(c)

after the definition of “relevant aerosol dispenser” insert—

““UK marking” means the marking in the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.”.

(3)

After paragraph (1) insert—

“(1A)
Schedule 1A reproduces the provisions of the Annex to the Directive with amendments to correct deficiencies in retained EU law.
(1B)
A reference to a provision of Schedule 1A is a reference to the equivalent provision of the Annex to the Directive as set out in that Schedule.”.

(4)

In paragraph (2)—

(a)

for “the Annex to the Directive” substitute “ Schedule 1A ”;

(b)

after “is a reference to” insert “ a test method specified in point 6.1.4.1(b) or (c) which is ”;

(c)

in subparagraph (a)—

(i)

for “that Annex” substitute “ the Annex to the Directive ”;

(ii)

after “point 6.1.4.3” insert “ of that Annex ”;

(d)

in subparagraph (b) after “6.1.4.3” insert “ of Schedule 1A ”.

Annotations

Commencement

I1: Sch. 13 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1