3.10.2007 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 (3) 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 (?), 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. 7) () O] C 318, 23.12.2006, p. 115. (%) Opinion of the European Parliament of 14 November 2006 (O] C 314 E, 21.12.2006, p. 111), Council Common Position of 19 April 2007 (O] C 109 E, 15.5.2007, p. 1) and Position of the 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. 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 (%). 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. 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 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. 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. European Parliament of 10 July 2007 (not yet published in the () OJ L 395, 31.12.1992, p. 1. Regulation as last amended by Regu- Official Journal). lation (EC) No 806/2003 (O] L 122, 16.5.2003, p. 1).