AerD in plain terms
The Aerosol Dispensers Directive (AerD), formally Council Directive 75/324/EEC, is the EU’s harmonised safety law for aerosol cans. It applies to aerosol dispensers as defined in Article 2, with the exception of those with a maximum capacity of less than 50 ml and those above the capacity limits of the Annex (Art. 1), and it makes one actor answerable for the product: the person responsible for the marketing of the aerosol dispenser, who affixes the symbol ‘3’ (inverted epsilon) as proof that the dispenser satisfies the directive and its Annex (Art. 3). Member States may not refuse, prohibit or restrict the marketing of a dispenser that complies (Art. 4).
The directive is one of the oldest EU product laws and predates the New Legislative Framework. It has no economic-operator chapter, no CE marking, no EU declaration of conformity and no notified bodies; its technical content lives in the Annex, which the Commission adapts to technical progress through the committee procedure (Art. 5 to Art. 7). As a directive it works through national law: Member States had to comply within 18 months of its notification on 21 May 1975 (Art. 11), and each amendment has carried its own transposition and application dates. The Acts of Accession of 1979 and 1985 extended it to Greece, Spain and Portugal.
Official text Read the directive on EUR-Lex: Council Directive 75/324/EEC (CELEX 31975L0324), or the consolidated text of 12 February 2018 that includes Directive (EU) 2016/2037.
Scope
An aerosol dispenser is 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 (Art. 2). The contents do not matter: deodorants, hair sprays, paints, lubricants, cleaning sprays, foams and insecticides are all covered, and the directive has no exclusion for medicinal, cosmetic or food aerosols. Its labelling rules apply without prejudice to the CLP Regulation (EC) No 1272/2008, which continues to govern the classification and labelling of the contents (Art. 8(1)).
Two size limits bound the scope. Dispensers with a maximum capacity of less than 50 ml are excluded (Art. 1). At the upper end, the total capacity may not exceed 1 000 ml for metal containers (Annex, point 3.1), 220 ml for plastic-coated or otherwise permanently protected glass (point 4.1.1) and 150 ml for unprotected glass (point 4.2.1); plastic dispensers that may splinter on bursting are treated as unprotected glass and those that cannot splinter as protected glass (points 5.1 and 5.2), and containers above these limits fall outside the directive (Art. 1). Refillable or reusable pressurised containers are not aerosol dispensers at all, because the definition requires a non-reusable container. Aerosol dispensers covered by the directive are in turn excluded from the Pressure Equipment Directive 2014/68/EU (Directive 2014/68/EU, Art. 1(2)(d)).
The directive names only one duty-holder, the person responsible for marketing, whose name and address or trade mark appear on the dispenser (Art. 8(1)(a)) and who guarantees the tests (Annex, point 6.1). It does not define manufacturers, fillers, importers or distributors, and Article 4 of Regulation (EU) 2019/1020 on a responsible economic operator in the Union does not extend to it, because the directive is not among the acts listed in Article 4(5) of that Regulation. In practice the filler, brand owner or importer whose name goes on the can is the person responsible for marketing, and national transposing law reaches the rest of the chain: the Danish executive order applies to those who place aerosols on the market or make them available and allows that only where the aerosols meet its Annex 1 (executive order nr. 247/2014, § 3 and § 4).
What you must do
Hazard analysis, construction and filling
The person responsible for marketing must analyse the hazards of the dispenser, including where appropriate the risk from inhaling the spray under normal and reasonably foreseeable use taking droplet size distribution and the physical and chemical properties of the contents into account, and must design, construct and test the dispenser and draft any special statements on its use accordingly (Annex, point 2). The filled dispenser must comply with the Annex under normal conditions of use and storage; the valve must seal it virtually hermetically and be protected, for example by a cap, against unintentional opening and deterioration; and the contents may not impair the mechanical resistance of the container even during prolonged storage (points 2.1.1 to 2.1.3). The volume of the liquid phase at 50 °C may not exceed 90 % of the net capacity (point 2.3).
For metal dispensers the test pressure is at least 10 bar where the filling pressure at 50 °C is below 6,7 bar, and 50 % above the internal pressure at 50 °C where it is 6,7 bar or more (point 3.1.1). The pressure at 50 °C may not exceed 12 bar with a liquefied gas that has a flammable range with air at 20 °C and 1,013 bar, 13,2 bar with a liquefied gas that has none, and 15 bar with compressed or dissolved gases that have none (point 3.1.2, as replaced by Directive (EU) 2016/2037). Protected glass containers may hold compressed, liquefied or dissolved gas, must withstand a test pressure of at least 12 bar (compressed or dissolved gas) or 10 bar (liquefied gas), and are filled to at most 9 bar at 50 °C with compressed gas, 8 bar with dissolved gas or the table values of point 4.1.4(c) at 20 °C with liquefied gas; their coating must stop flying glass when the filled dispenser at 20 °C is dropped from 1,8 m onto a concrete floor (points 4.1.2 to 4.1.4). Unprotected glass containers may be filled only with liquefied or dissolved gas, must withstand 12 bar, and are filled to at most 8 bar at 50 °C with dissolved gas or the table values of point 4.2.3(b) with liquefied gas (points 4.2 to 4.2.3).
Tests
The person responsible for marketing guarantees the tests in point 6.1: a hydraulic pressure test on empty containers, in which metal or plastic containers may show no leakage or visible or permanent distortion beyond the slight symmetrical distortion allowed in point 6.1.1.2; a bursting test showing that empty metal containers burst only at 20 % or more above the test pressure; the dropping test for protected glass; and a final inspection of every filled dispenser (points 6.1.1 to 6.1.4). The reference final test is the hot water bath, in which the internal pressure must reach the value the contents would exert at 50 °C and any dispenser with visible permanent distortion or a leak is rejected. Other hot methods giving the same pressure, temperature and detection precision, or a cold method in line with the ADR alternative to the water bath, may be used if a competent authority has approved the method on the basis of a technical file, and the approval, the file and any control reports must be kept readily available at the address on the label (points 6.1.4.1 and 6.1.4.3). The Annex cites Directive 94/55/EC for the cold method and the competent authority; that directive was repealed from 30 June 2009 by Directive 2008/68/EC on the inland transport of dangerous goods (Directive 2008/68/EC, Art. 12(1)), so the references are read as the ADR provisions applied through Directive 2008/68/EC. Member States may check batches themselves by testing five containers from a homogeneous batch of 2 500 or one hour’s production for 25 seconds and, if a retest of ten more fails, declaring the whole batch unsuitable, and by immersing filled dispensers in a water bath to 50 °C (points 6.2.1 and 6.2.2).
Flammability classification
Contents are flammable if they contain any component classified as a flammable liquid (flashpoint of not more than 93 °C), a flammable solid or a flammable gas; pyrophoric, self-heating or water-reactive substances may never be components of aerosol contents (point 1.8). An aerosol is extremely flammable if it contains 85 % or more flammable components and its chemical heat of combustion is 30 kJ/g or more, non-flammable if it contains 1 % or less flammable components and the heat of combustion is below 20 kJ/g, and otherwise either classified extremely flammable or tested (point 1.9). Spray aerosols with a heat of combustion below 20 kJ/g are flammable if the ignition distance test gives ignition at 15 cm or more but below 75 cm and extremely flammable at 75 cm or more; where no ignition occurs, the enclosed space test makes them flammable at a time equivalent of 300 s/m3 or less or a deflagration density of 300 g/m3 or less and otherwise non-flammable, while sprays at 20 kJ/g or more are extremely flammable at 75 cm or more and otherwise flammable (point 1.9.1). Foam aerosols are extremely flammable at a flame height of 20 cm or more lasting two seconds or more, or 4 cm or more lasting seven seconds or more, and flammable at 4 cm or more lasting two seconds or more (point 1.9.2). The heat of combustion is determined by acknowledged rules of technology or the calculation method in point 1.10, and the person responsible for marketing must describe the method in a document available in an official Union language at the label address. The test procedures are laid down in point 6.3.
Marking and labelling
Each dispenser, or a label attached to it where particulars cannot be put on the dispenser because of its small dimensions (maximum capacity of 150 ml or less), must bear in visible, legible and indelible characters the name and address or trade mark of the person responsible for marketing, the symbol ‘3’ (inverted epsilon), code markings enabling the filling batch to be identified, the details of point 2.2 of the Annex and the net contents by weight and by volume (Art. 8(1)). Point 2.2 requires, without prejudice to CLP, the signal word ‘Warning’ and the other label elements for Aerosols Category 3 where the aerosol is non-flammable, ‘Warning’ and the Category 2 elements where it is flammable, ‘Danger’ and the Category 1 elements where it is extremely flammable, each per Table 2.3.1 of Annex I to CLP, the precautionary statement P102 where the dispenser is a consumer product, and any additional operating precautions alerting consumers to the specific dangers, which separate instructions for use must also reflect. Where the contents contain flammable components but the aerosol is not classified flammable or extremely flammable, the label must state ‘X % by mass of the contents are flammable’ (Art. 8(1a)). Member States may require their national language for the label wording (Art. 8(2)) and must prevent markings that might be confused with the symbol (Art. 9).
Obligations by role
The person responsible for marketing owns the hazard analysis, the construction and filling limits, the tests of point 6.1, the flammability classification and the label, and affixes the ‘3’ symbol (Art. 3, Art. 8 and Annex, points 2 and 6.1). A filler or manufacturer that markets under its own name is that person; otherwise it carries out the construction and tests that the person responsible for marketing guarantees, with the Annex naming the manufacturer expressly for the dropping test (point 6.1.3) and the batch code identifying its filling (Art. 8(1)(c)). An importer whose name and address go on the can is likewise the person responsible for marketing. Distributors are reached through national law: in Denmark they may make available only aerosols that meet the executive order’s Annex 1 and bear the marking in Danish, and may not add markings resembling the symbol (executive order nr. 247/2014, § 3 to § 5).
Enforcement and penalties
The directive contains no penalty article. It obliges Member States to prevent confusable markings (Art. 9) and gives them a safeguard clause: a Member State that finds, on a substantiated basis, that compliant dispensers present a hazard to safety or health may provisionally prohibit their sale on its territory or make it subject to special conditions, informing the other Member States and the Commission, which consults within six weeks, delivers its opinion and may adopt technical adaptations of the directive (Art. 10). Market surveillance otherwise follows Regulation (EU) 2019/1020, which lists the directive in its Annex I (point 4) and Annex II: authorities require corrective action to end the non-compliance or remove the risk, prevent the product from being made available, or have it withdrawn or recalled (Regulation (EU) 2019/1020, Art. 16), and Member States lay down effective, proportionate and dissuasive penalties (Art. 41).
In Denmark, the directive is implemented by executive order nr. 247 of 14 March 2014 on the construction of aerosols, which reproduces the directive as its Annex 1, requires the marking in Danish and punishes breaches of its § 4 or § 5, of Annex 1 or of an order or prohibition with a fine, with corporate criminal liability (§ 1, § 5 and § 8). Executive order nr. 1336 of 29 November 2017 replaced Annex 1 to transpose Directive (EU) 2016/2037 and entered into force on 12 February 2018 (nr. 1336/2017, § 1 and § 2). The product act, LBK nr. 22 of 8 January 2026, covers the aerosol directive (§ 2(1) no. 8), names Erhvervsstyrelsen as the control authority (§ 9) and provides for fines and, on product areas including aerosols, imprisonment of up to 2 years in aggravating circumstances (§ 37). Sikkerhedsstyrelsen took over the control of aerosol dispensers from Arbejdstilsynet on 1 December 2018, with Arbejdstilsynet keeping products made to order or imported for offshore oil and gas activities, and from January 2026 Sikkerhedsstyrelsen is a department of Erhvervsstyrelsen named Markedsovervågning that carries out the same tasks.
How Conphora helps
Conphora monitors the Aerosol Dispensers Directive, its CLP interface and the Danish executive order, and maps your aerosol products against the capacity, pressure, liquid-phase, test, flammability classification and labelling rules, flagging gaps in the hazard analysis, the test records, the heat-of-combustion documentation and the label before they become enforcement problems. The platform keeps the approvals and technical files the Annex wants available at the label address, ties the batch code to the records behind it, and alerts you when the Annex or the CLP label elements change.
See how Conphora works · See plans and pricing
Sources
- Council Directive 75/324/EEC on aerosol dispensers, consolidated text of 12 February 2018 (EUR-Lex)
- Council Directive 75/324/EEC as published in OJ L 147, 9 June 1975 (EUR-Lex)
- Document information, dates and relationships for CELEX 31975L0324 (EUR-Lex)
- Commission Directive 94/1/EC adapting some technicalities of Directive 75/324/EEC (EUR-Lex)
- Council Regulation (EC) No 807/2003 adapting comitology provisions in Council acts (EUR-Lex)
- Commission Directive 2008/47/EC adapting Directive 75/324/EEC to technical progress (EUR-Lex)
- Regulation (EC) No 219/2009 on the regulatory procedure with scrutiny (EUR-Lex)
- Commission Directive 2013/10/EU adapting the labelling provisions to the CLP Regulation (EUR-Lex)
- Commission Directive (EU) 2016/2037 on the maximum allowable pressure of aerosol dispensers and CLP labelling (EUR-Lex)
- Regulation (EU) 2019/1020 on market surveillance and compliance of products, Annex I point 4 and Annex II (EUR-Lex)
- Directive 2014/68/EU on pressure equipment, Article 1(2)(d) excluding aerosol dispensers (EUR-Lex)
- Directive 2008/68/EC on the inland transport of dangerous goods, Article 12 repealing Directive 94/55/EC (EUR-Lex)
- Regulation (EU) No 182/2011 on implementing powers, Article 12 on Decision 1999/468/EC (EUR-Lex)
- Regulation (EC) No 1272/2008 on classification, labelling and packaging (CLP), referenced in Article 8(1) and Annex point 2.2 (EUR-Lex)
- Aerosol Dispenser Directive (European Commission, DG GROW)
- Regler for aerosolbeholdere (Sikkerhedsstyrelsen, Markedsovervågning)
- Kontrol med aerosolbeholdere (Sikkerhedsstyrelsen, Markedsovervågning)
- Sikkerhedsstyrelsen, en del af Erhvervsstyrelsen from January 2026 (Erhvervsstyrelsen)
- Bekendtgørelse nr. 247 af 14. marts 2014 om indretning m.v. af aerosoler (retsinformation.dk)
- Bekendtgørelse nr. 1336 af 29. november 2017 om ændring af bekendtgørelse om indretning m.v. af aerosoler (retsinformation.dk)
- Lov om produkter og markedsovervågning, LBK nr. 22 af 8. januar 2026 (retsinformation.dk)
This guide is for general information and is not legal advice.