Directive 2007/51/EC of the European Parliament and of the Council of 25 September 2007 amending Council Directive 76/769/EEC relating to restrictions on the marketing of certain measuring devices containing mercury (Text with EEA relevance)
Date: 2007-09-25
Institutions: Council of the European Union, European Parliament
Subjects: dangerous substance, environmental protection, marketing restriction, measuring equipment, mercury, public health

3.10.2007

EN

Official Journal of the European Union

L 257/13

DIRECTIVES

DIRECTIVE 2007/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 September 2007

amending Council Directive 76/769/EEC relating to restrictions on the marketing of certain
measuring devices containing mercury

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

Having regard to the Treaty
Community, and in particular Article 95 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

The Commission communication of 28 January 2005 on
the Community strategy concerning mercury, which
considered all uses of mercury, concluded that it would
be appropriate to introduce Community-level marketing
restrictions on certain non-electrical or non-electronic
measuring and control equipment containing mercury,
which is the main mercury product group not covered
by Community action so far.

for human health,

There would be benefits for the environment and, in the
through preventing
long term,
mercury from entering the waste stream,
if restrictions
on the marketing of measuring devices containing
mercury were introduced.

(1) OJ C 318, 23.12.2006, p. 115.
(2) Opinion of the European Parliament of 14 November 2006 (OJ
C 314 E, 21.12.2006, p. 111), Council Common Position of 19
April 2007 (OJ C 109 E, 15.5.2007, p. 1) and Position of the
European Parliament of 10 July 2007 (not yet published in the
Official Journal).

Taking into account technical and economic feasibility,
the available evidence concerning measuring and control
devices
immediate restrictive measures
should cover only those measuring devices that are
intended for sale to the general public and, in particular,
all fever thermometers.

indicates

that

(4)

(5)

The import of measuring devices containing mercury that
are more than 50 years old concerns either antiques or
cultural goods as defined in Council Regulation (EEC) No
3911/92 of 9 December 1992 on the export of cultural
goods (3). Such trade is limited in extent and seems to
pose no risk to human health or the environment, and
should therefore not be restricted.

At present, mercury barometers are manufactured by
only a few small specialist enterprises and are sold to
the general public mainly as decorative items. An addi-
tional phasing-out period should be provided for the
placing on the market of such barometers so as to
allow the manufacturers to adapt their business in line
with the restrictions and move over to the production of
mercury-free barometers.

in healthcare,

(6) With the aim of minimising the release of mercury into
the environment and in order to ensure the phasing-out
of the remaining measuring devices containing mercury
in professional and industrial use, especially sphygmo-
manometers
the Commission should
carry out a review of the availability of reliable safer
economically
are
that
alternatives
in
case of
In the
feasible.
sphygmomanometers
healthcare, medical experts
should be consulted to
ensure that
in terms of diagnosis and
treatment, of specific medical conditions are adequately
addressed.

the needs,

technically

and

(7)

In accordance with this Directive only the placing on the
market of new measuring devices should be restricted.
This restriction should therefore not apply to devices
that are already in use or sold second hand.

(3) OJ L 395, 31.12.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

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Official Journal of the European Union

3.10.2007

Article 2

1. Member States shall adopt and publish, no later than 3
October 2008,
and administrative
provisions necessary to comply with this Directive. They shall
forthwith inform the Commission thereof.

regulations

laws,

the

They shall apply these measures from 3 April 2009.

When these measures are adopted by the Member States, they
shall contain a reference to this Directive or shall be accom-
panied by such a reference on the occasion of their official
publication. The methods of making such reference shall be
laid down by Member States.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

This Directive shall enter into force on the day of its publication
in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Strasbourg, 25 September 2007.

For the European Parliament
The President

For the Council
The President

H.-G. PÖTTERING

M. LOBO ANTUNES

(8)

(9)

(10)

laws or administrative
The disparities between the
measures adopted by Member States as regards restriction
on mercury in various measuring and control devices
could create barriers to trade, distort competition in the
Community and may thereby have a direct impact on the
establishment and functioning of the internal market. It
therefore appears necessary to approximate the laws of
Member States in the field of measuring and control
devices by introducing harmonised provisions with
thus
regard to those products containing mercury,
preserving the internal market whilst ensuring a high
level of protection for human health and the envir-
onment.

Council Directive 76/769/EEC of 27 July 1976 on the
approximation of the laws, regulations and administrative
provisions of the Member States relating to restrictions
certain dangerous
on the marketing
and use of
should be amended
substances
accordingly.

and preparations (1)

laying

legislation

should apply without prejudice

to
This Directive
down minimum
Community
requirements for the protection of workers contained
in Council Directive 89/391/EEC of 12 June 1989 on
the introduction of measures to encourage improvements
in the safety and health of workers at work (2) and indi-
in particular Council
vidual directives based thereon,
Directive 98/24/EC of 7 April 1998 on the protection
of the health and safety of workers from the risks related
to chemical agents at work (3).

(11)

In accordance with point 34 of
the Interinstitutional
agreement on better law-making (4), Member States are
encouraged to draw up, for themselves and in the interest
of the Community, their own tables illustrating, as far as
possible, the correlation between this Directive and the
transposition measures, and to make them public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 76/769/EEC is hereby amended as set out
in the Annex to this Directive.

(1) OJ L 262, 27.9.1976, p. 201. Directive as last amended by
Commission Directive 2006/139/EC (OJ L 384, 29.12.2006, p. 94).
(2) OJ L 183, 29.6.1989, p. 1. Directive as last amended by Directive
the Council

the European Parliament and of

2007/30/EC of
(OJ L 165, 27.6.2007, p. 21).

(3) OJ L 131, 5.5.1998, p. 11. Directive as amended by Directive

2007/30/EC.

(4) OJ C 321, 31.12.2003, p. 1.

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ANNEX

The following point is inserted in Annex I to Directive 76/769/EEC:

‘19a Mercury

CAS No 7439-97-6

1. May not be placed on the market:

(a)

in fever thermometers;

(b) in other measuring devices intended for sale to the general public (e.g.
manometers, barometers, sphygmomanometers, thermometers other than fever
thermometers).

2. The restriction in paragraph 1(b) shall not apply to:

(a) measuring devices more than 50 years old on 3 October 2007; or

(b) barometers (except barometers within point (a)) until 3 October 2009.

3. By 3 October 2009 the Commission shall carry out a review of the availability of
reliable safer alternatives that are technically and economically feasible for mercury-
containing sphygmomanometers and other measuring devices in healthcare and in
other professional and industrial uses.

On the basis of this review or as soon as new information on reliable safer alter-
natives for sphygmomanometers and other measuring devices containing mercury
becomes available,
if appropriate, present a legislative
proposal to extend the restrictions in paragraph 1 to sphygmomanometers and
other measuring devices in healthcare and in other professional and industrial
uses, so that mercury in measuring devices is phased out whenever technically
and economically feasible.’

the Commission shall,