Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a proposal for a Directive of the European Parliament and of the Council amending Council Directive 76/769/EEC relating to restrictions on the marketing of certain measuring devices containing mercury
Date: 2007-04-20
Institutions: European Commission
Subjects: consumer protection, dangerous substance, environmental protection, marketing restriction, mercury

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.4.2007 
COM(2007) 205 final 

2006/0018 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a proposal for a Directive of the 
European Parliament and of the Council amending Council Directive 76/769/EEC 
relating to restrictions on the marketing of certain measuring devices containing 
mercury 

EN 

   EN 

 
 
 
  
 
 
2006/0018 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a proposal for a Directive of the 
European Parliament and of the Council amending Council Directive 76/769/EEC 
relating to restrictions on the marketing of certain measuring devices containing 
mercury 

(Text with EEA relevance) 

1. 

BACKGROUND 

Date  of  transmission  of  the  proposal  to  the  EP  and  the  Council
(document COM(2006) 0069 final – 2006/0018 (COD): 

21 February 2006 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

13 September 2006 

Date of the opinion of the European Parliament, first reading: 

14 November 2006 

Date of political agreement (Competitiveness Council): 

13 December 2006 

Date of adoption of the common position: 

19 April 2007 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

The  Directive  would  impose  restrictions  on  the  marketing  of  certain  measuring  devices 
containing mercury to preserve the internal market while providing a high level of protection 
of human health and the environment.  

The  present  proposal  is  the  first  of  a  series  of  planned  legislative  actions  to  implement  the 
Community  Strategy  on  Mercury  adopted  in January  2005.  The  restrictions  would  ban  the 
placing  on  the  market  of  mercury  fever  thermometers  (for  sale  to  the  general  public  and  to 
professional users) and of all other mercury containing devices for sale to the general public. 
Measuring devices in the healthcare sector other than fever thermometers are excluded from 
the ban on the grounds of patient safety as there is no certainty yet that reliable and equally 
performing alternatives are available. Other professional and scientific uses are very limited 
and are not included in the restriction on the grounds of proportionality.  

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3. 

COMMENTS ON THE COMMON POSITION 

3.1 

General comments on the common position 

The Commission can support the Council’s common position. The common position is in line 
with  the  compromise  that  was  reached  in  informal  discussions  between  the  Council,  the 
Rapporteur of the European Parliament and the Commission, which did, however, not find a 
majority  in  the  European  Parliament.  The  common  position  was  supported  by  all  Member 
the  sale  of 
States  except  DK  and  SE  which  opposed 
sphygmomanometers (blood pressure gauges) for use in the health care sector would not be 
banned.  

the  proposal  because 

3.2 

European  Parliament  amendments  included  in  the  modified  proposal  and 
common position  

The  common  position  includes  all  of  the  European  Parliament’s  amendments  that  could  be 
accepted by the Commission. These are: (i) amendments 12, 16, 17 which were accepted by 
the Commission in full as they improve the clarity of the recitals, (ii) amendments 18 (final 
part)  and  15  which  call  on  the  Commission  to  review  the  availability  of  alternatives  for 
mercury sphygmomanometers and other measuring devices in industrial and professional uses 
with  a  view  to  extending  the  restrictions  and  (iii)  amendments  13  and  19  (first  part)  which 
permit the continued trade in “antique” measuring devices that contain mercury because such 
trade is limited in extent and does not pose a risk to human health or to the environment.  

3.3 

European  Parliament  amendments  not  included  in  the  amended  proposal  and 
not incorporated in the common position 

A number of amendments were not accepted by the Commission and are not included in the 
common  position.  These  are:  (i)  amendment  6  because  there  is  no  scientific  basis  for 
extending  restrictions  to  mercury-containing  devices  other  than  those  described  in  the 
proposal, (ii) amendment 8 as the Commission cannot accept a ban on sphygmomanometers 
in the healthcare sector which, according to the majority of medical experts, are essential for 
calibration purposes as well as for diagnosis and treatment of specific patient conditions, (iii) 
amendment (9) as it would not change the meaning of the original text but is less clear, and 
(iv) amendment 19 (final part) as the Commission cannot support a permanent derogation for 
barometers  intended  for  sale  to  the  general  public  as  mercury-free  alternatives  are  already 
widely available at comparable cost.  

3.4 

Commission position on the new provisions introduced by the Council  

The common position incorporates changes to the original proposal which can be supported 
by the Commission. Apart from certain clarifications in the recitals, the main changes concern 
the  following  additions:  (i)  a  permanent  derogation  for  antique  measuring  devices  (ii)  a 
temporary  derogation  for  the  sale  of  barometers  to  the  general  public  with  a  view  to  their 
phase-out within 2 years (iii) a review by the Commission two years after entry into force of 
the  directive  concerning  the  availability  of  safer  alternatives  to  sphygmomanometers  and 
other measuring devices.  

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3.5 

Major problems encountered in adoption of the common position  

Sweden  and  Denmark  voted  against  the  common  position  as  they  consider  that  adequate 
alternatives for mercury containing sphygmomanometers in the healthcare sector are available 
and their marketing should be banned.  

4. 

CONCLUSIONS 

The Commission supports the common position. 

5. 

STATEMENTS BY THE COMMISSION  

None.  

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