27.9.76 Official Journal of the European Communities No L 262/139 COUNCIL DIRECTIVE of 27 July 1976 on the approximation of the laws of the Member States on clinical mercury-in-glass, maximum reading thermometers (76/764/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Euro- pean Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas the mandatory provisions governing the manufacture and methods of control of clinical ther- mometers, differ from one Member State to another and hence hinder trade in those instruments; whereas these provisions accordingly require approximation; Whereas Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (3) has laid down the procedure for EEC pattern approval and EEC initial verification; whereas, in accordance with that Direc- tive, technical requirements for manufacture and performance of clinical thermometers should be laid down, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive shall apply to clinical mercury-in-glass, maximum reading thermometers designed to measure the internal temperature of humans or animals. (1) OJ No 63, 3. 4. 1967, p. 982/67. (2) OJ No 30, 22. 2. 1967, p. 480/67. (* OJ No L 202,6.9.1971,p. 1. Article 2 The clinical mercury-in-glass maximum reading thermometers eligible to bear the EEC mark shall be those described in the Annexes. They shall not be subject to EEC pattern approval; they shall be subject to EEC initial verfication. Article 3 No Member State may prevent, prohibit or restrict the placing on the market or entry into use of clinical thermometers bearing the EEC initial verifica- tion mark. Article 4 1. Member States shall put into force the laws, regulations and administrative provisions needed in order to comply with this Directive within four years of its notification and shall forthwith inform the Commission thereof. 2. Member States shall ensure that the text of the main provisions of national law which they adopt in the field covered by this Directive are communi- cated to the Commission. Article § This Directive is addressed to the Member States. Done at Brussels, 27 July 1976. For the Council The President M.' van der STOEL