./.WORLD TRADE
ORGANIZATIONG/TBT/Notif.98.322
3 July 1998
(98-2653)
Committee on Technical Barriers to Trade
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying:  FRANCE
If applicable, name of local government involved (Articles 3.2 and 7.2):           
2. Agency responsible:
Ministry of Employment and Solidarity
Hospitals Directorate
Division of Facilities, Medical Equipment and Technological Innovations
8, Avenue de Ségur75350 Paris.
Ministry of Employment and Solidarity
Directorate-General of Health
Under the Management of Health Monitoring8, Avenue de Ségur
75350 Paris.
Agency or authority designated to handle comments regarding the notification shall be
indicated if different from above:           
3. Notified under Article 2.9.2 [ X ], 2.10.1 [    ], 5.6.2 [    ], 5.7.1 [   ], other:           
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):  Mercury medical
thermometers for measuring human body temperature
5. Title, number of pages and language(s) of the notified document:  Order Relating to the
Prohibition of the Marketing of Mercury Medical Thermometers for Measuring Human
Body Temperature (1 page)
6. Description of content:  Prohibition of the marketing of mercury medical thermometers for
measuring human body temperature.
7. Objective and rationale, including the nature of urgent problems where applicable:  The aim
is to reduce mercury waste from health establishments and homes.
Mercury enters the environment from natural sources (volcanic activity, degassing
of the earth's crust) and as a result of human activities (industrial and municipal waste,
waste incineration).  In industry, much has been done to restrict mercury use and waste.  It
is estimated that in France mercury waste from broken thermometers amounts to more than
15 tonnes per year.  There are other methods of taking temperature that could replaceG/TBT/Notif.98.322
Page 2
7.mercury thermometers.
Objective and rationale, including the nature of urgent problems where applicable: (cont'd)
Brief explanation:
The toxicity of organic derivatives of mercury is well known, especially since the
Minamata catastrophe in Japan (1955-1973):  hundreds of people died and several thousand
suffered serious neurological disorders as a result of regularly eating fish heavilycontaminated with methylmercury from extensive discharges of industrial effluent.
Mercury is classified as a hazardous substa nce by Directive 678/6548/EC concerning the
alignment of the legislative, regulatory and administrative provisions concerning the
classification, packaging and labelling of hazardous substances.
In the European context, no requirements are imposed on the use of mercury in
products, except for batteries.  France is not the only country to impose restrictions on
mercury in products, in particular, thermometers.  Similar measures have been taken inNorway, Sweden, Denmark and the Netherlands.  These measures to reduce the risk from
mercury are making it possible to provide better protection for human health and the
environment.
8. Relevant documents:
- Book I of the Public Health Code, in particular Article R. 5152;
- Book V bis of the Public Health Code, in particular Articles L. 665-5 and R. 66-41;
- The opinion of France's Higher Council of Public Hygiene (section on risk
assessment and the effects of the environment on health) concerning the
management of the risk from mercury used in medicine, Bulletin officiel,
28 March 1996;
- Circular No. 97/305 of 22 April 1997 concerning the management of the risk from
mercury used in medicine, Bulletin officiel,  2 July 1997.
9. Proposed date of adoption:
Proposed date of entry into force:October 1998
January 1999
10. Final date for comments:  7 September 1998
11. Texts available from:  National enquiry point [  ] or address, e-mail and telefax number of
the other body:  National enquiry point (CINORTECH) AFNOR Tour Europe,
92049 Paris La Defense