Article 9Packaging

1.

Member States shall take all necessary measures to ensure that:

1.1

preparations within the meaning of Article 1(2) and preparations covered by Annex IV pursuant to Article 1(3) cannot be placed on the market unless their packaging satisfies the following requirements:

  • it shall be so designed and constructed that its contents cannot escape; this requirement shall not apply where special safety devices are prescribed,

  • the materials constituting the packaging and fastenings must not be susceptible to adverse attack by the contents, or liable to form dangerous compounds with the contents,

  • packaging and fastenings must be strong and solid throughout to ensure that they will not loosen and will safely meet the normal stresses and strains of handling,

  • containers fitted with replaceable fastening devices shall be so designed that the packaging can be refastened repeatedly without the contents escaping;

1.2

containers which contain preparations within the meaning of Article 1(2) and preparations covered by Annex IV pursuant to Article 1(3) offered or sold to the general public do not have:

  • either a shape and/or graphic decoration likely to attract or arouse the active curiosity of children or to mislead consumers, or

  • a presentation and/or a designation used for foodstuffs or animal feedingstuffs or medicinal or cosmetic products.

1.3

containers which contain certain preparations offered or sold to the general public covered by Annex IV to this Directive:

  • are fitted with child-resistant fastenings,

    and/or

  • carry a tactile warning of danger.

The devices must conform to the technical specifications given in Parts A and B of Annex IX to Directive 67/548/EEC.

2.

The packaging of preparations shall be deemed to satisfy the requirements of paragraph 1.1, first, second and third indents, if it complies with the requirements for carriage of dangerous goods by rail, road, inland waterway, sea or air.