10 Marketing of measuring devices containing
mercury
| (27259)
6693/06
COM(06) 69
| Draft Directive amending Council Directive 76/769/EEC relating to restrictions on the marketing of certain measuring devices containing mercury
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| + ADD1 | Annex to draft Directive amending Council Directive 76/769/EEC relating to restrictions on the marketing of certain measuring devices containing mercury — Impact Assessment
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| Legal base | Article 95EC; co-decision; QMV
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | Minister's letter of 11 October 2006
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| Previous Committee Report | HC 34-xxiii (2005-06), para 3 (29 March 2006)
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| To be discussed in Council | October 2006
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
10.1 Mercury is both bio-accumulative and highly toxic, with well-known
effects on the nervous, immune and reproductive systems. Exposure
to the most toxic form (methyl mercury) principally occurs through
a high intake of fish and seafood, and this prompted the Commission
to put forward in January 2005 a strategy aimed at reducing mercury
levels in the environment and human exposure, especially from
methyl mercury in fish.[30]
That strategy also went on to point out that, with the introduction
of a Directive (2002/95/EC) on the use of hazardous materials
in electrical and electronic equipment, non-electronic measuring
and control equipment (such as thermometers, blood pressure gauges
and barometers) was now the main mercury product group not covered
by Community law.
10.2 The Commission said that it therefore intended
to propose restrictions on the marketing for consumer use and
health care of those items where they contain mercury. It accordingly
brought forward in February 2006 this proposal, which would restrict
the marketing of clinical thermometers and of other measuring
devices containing mercury and intended for sale to the general
public (which it says account for 80-90% of all mercury in devices
of this kind). However, the proposal would not apply to devices
already in use or sold second hand, or to specialist equipment
in professional applications in science, health care and industry
(which it describes as high in mercury content per item, but highly
specialised, limited in number, and subject to well-established
control procedures governing safety at work and the management
of dangerous waste). The Commission also pointed out that around
two-thirds of the measuring equipment used by consumers is now
imported from China, India and Japan, and that manufacture within
the Community is limited to a number of small enterprises, principally
in Germany and the UK, with substitute devices being available
at similar prices.
10.3 As we noted in our Report of 29 March 2006,
the Government had said that the use of mercury has been greatly
reduced in the UK in recent decades, and that this proposal therefore
broadly fitted with agreed UK policy. However, an initial Regulatory
Impact Assessment had pointed out that, notwithstanding the Commission's
assertion that the economic impact of the proposal was likely
to be small, there was a potential for a significant impact on
certain businesses in the UK, and that these firms were being
consulted to explore ways in which they might manage its impact
(for example, through the production of non-mercury products).
We therefore said that, although the proposal appeared to represent
a sensible and proportionate response to the inherent health risks
presented by mercury, we thought it would be prudent, in view
of its possible impact on small producers, to hold it under scrutiny
pending further information on the outcome of the consultation
process.
Minister's letter of 11 October 2006
10.4 In his letter of 11 October 2006, the Minister
for Sustainable Farming and Food at the Department of Environment,
Food and Rural Affairs (Lord Rooker) says that, although the consultation
document was sent to every identified UK business involved in
the manufacture and restoration of domestic mercury instruments,
no responses were received on the possible impacts of the proposal
on industry, despite this having been specifically requested.
He therefore considers it unlikely that the Government will be
able to obtain any further information on this particular issue.
10.5 More generally, he reports that, following discussions
at official level in Brussels, there have been moves to extend
the scope of the proposal to include health care instruments and
specialist industrial and scientific measuring devices, and that
the UK has indicated that it could accept the first of these,
subject to a derogation (to be reviewed after 36 months) for blood
pressure monitors in professional health care, and to exemptions
for the validation of mercury-free blood pressure monitors, and
the use of mercury blood pressure monitors in pharmaceutical drug
trials. However, it believes that there are several applications
where industrial and scientific measuring devices are still essential,
and that these should not be included at present, though the Minister
also says that such uses should be reviewed as quickly as reasonably
possible. The UK is also proposing a derogation for imported antique
instruments, which contain little mercury, and where inclusion
would have a disproportionate on auction houses.
Conclusion
10.6 We are grateful to the Minister for this
update, from which we note that the industry has not drawn attention
to any adverse effects arising from the proposed restrictions
on the marketing of clinical thermometers and other devices on
sale to the general public. We also note the present position
on healthcare instruments, on specialist industrial and scientific
measuring devices, and on imported antique instruments, and the
line which the UK has taken on each of these. On the basis of
the Minister's explanations, we are now content to clear the document.
30 (26348) 5999/05; see HC 38-xi (2004-05), para 7
(15 March 2005). Back
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