Dangerous Substances and Preparations (Restrictions)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,175, 18 ta’ Jannar, 2008

L.N. 18 of 2008

PRODUCT SAFETY ACT

(CAP. 427)

Dangerous Substances and Preparations (Restrictions)

(Amendment) Regulations, 2008

IN exercise of the powers conferred by article 39 of the Product

Safety Act, the Minister for Competitiveness and Communications has,

on the advice of the Malta Standards Authority, made the following

regulations>–

The title of these regulations is the Dangerous Substances and Citation.

Preparations (Restrictions) (Amendment) Regulations, 2008, and they

shall be read and construed as one with the Dangerous Substances and

Preparations (Restrictions) Regulations, 2003, hereinafter referred to L.N. 346 of 2003.

as “the principal regulations”.

(1) These regulations shall enter into force as from 3 rd April Commencement and

scope.

2009. (2) These regulations implement the provisions of Directive

2007#51#EC of the European Parliament and of the Council of 25 th

September 2007 amending Council Directive 76#769#EEC relating to

restrictions on the marketing of certain measuring devices containing

mercury (OJ L 257, 3.10.2007).

For the First Schedule to the principal regulations, the Amends the First

following shall be inserted after reference number “19 Mercury Schedule

principal

Compound”>

regulations.

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 alternatives for

sphygmomanometers and other measuring devices

containing mercury becomes available, the Commission

shall, 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.”.

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