Directive 2007/51 - Amendment of Council Directive 76/769/EEC relating to restrictions on the marketing of certain measuring devices containing mercury

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This directive was in effect from October  3, 2007 until May 31, 2009 and should have been implemented in national regulation on October  9, 2008 at the latest.

2.

Key information

official title

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
 
Legal instrument Directive
Number legal act Directive 2007/51
Original proposal COM(2006)69 EN
CELEX number31 32007L0051

3.

Key dates

Document 25-09-2007
Publication in Official Journal 03-10-2007; OJ L 257 p. 13-15
Effect 03-10-2007; Entry into force Date pub. See Art 3
End of validity 31-05-2009; See 31976L0769
Transposition 09-10-2008; At the latest See Art 2.1

4.

Legislative text

3.10.2007   

EN

Official Journal of the European Union

L 257/13
 

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,

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

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)

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.
 

(2)

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

(3)

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

(4)

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.
 

(5)

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 additional 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.
 

(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 sphygmomanometers in healthcare, the Commission should carry out a review of the availability of reliable safer alternatives that are technically and economically feasible. In the case of sphygmomanometers in healthcare, medical experts should be consulted to ensure that the needs, in terms of diagnosis and treatment, of specific medical conditions are adequately addressed.
 

(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.
 

(8)

The disparities between the laws or administrative 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 regard to those products containing mercury, thus preserving the internal...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

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The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

  • 1. 
    COM (2005) 20 final, 28.1.2005

     
  • 2. 
    SEC (2005) 101, 28.1.2005

     
  • 3. 
    Directive 2002/95/EC of 27 January 2003 on the restriction of the use of certain hazard substances in electrical and electronic equipment, OJ L 37, 13.2.2003, p. 19

     
  • 4. 
    RPA (2002). Risk to health and the environment related to the use of mercury products. Report by Risk and Policy Analysts Ltd for DG Enterprise of the European Commission

     
  • 5. 
    OJ L 262, 27.9.1976, p. 201

     
  • 6. 
    Proposal for a Regulation of the European Parliament and of the Council concerning the Registration, Evaluation Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45/EC and Regulation (EC)
     
  • 7. 
    OJ C xxx

     
  • 8. 
    OJ C xxx

     
  • 9. 
    OJ C xxx

     
  • 10. 
    COM (2005) 20 final, 28.1.2005

     
  • 11. 
    OJ L 262, 27.9.1976, p. 201 Directive as last amended by Commission Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63)

     
  • 12. 
    OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1)

     
  • 13. 
    OJ L 131, 5.5.1998, p. 11-23.

     
  • 14. 
    COM (2005) 20 final, 28.1.2005

     
  • 15. 
    SEC (2005) 101, 28.1.2005

     
  • 16. 
    COM (2005) 20 final, 28.1.2005

     
  • 17. 
    SEC (2005) 101, 28.1.2005

     
  • 18. 
    Directive 2002/95/EC of 27 January 2003 on the restriction of the use of certain hazard substances in electrical and electronic equipment, OJ L 37, 13.2.2003, p. 19

     
  • 19. 
    RPA (2002). Risk to health and the environment related to the use of mercury products. Report by Risk and Policy Analysts Ltd for DG Enterprise of the European Commission

     
  • 20. 
    OJ L 262, 27.9.1976, p. 201

     
  • 21. 
    Proposal for a Regulation of the European Parliament and of the Council concerning the Registration, Evaluation Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45/EC and Regulation (EC)
     
  • 22. 
    OJ C xxx

     
  • 23. 
    OJ C xxx

     
  • 24. 
    OJ C xxx

     
  • 25. 
    COM (2005) 20 final, 28.1.2005

     
  • 26. 
    OJ L 262, 27.9.1976, p. 201 Directive as last amended by Commission Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63)

     
  • 27. 
    OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p.

    1)

     
  • 28. 
    OJ L 131, 5.5.1998, p.
     
  • 29. 
    COM (2005) 20 final, 28.1.2005

     
  • 30. 
    SEC (2005) 101, 28.1.2005

     
  • 31. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 32. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.