S.I. No. 305/1986:

EUROPEAN COMMUNITIES (CLINICAL MERCURY-IN-GLASS MAXIMUM READING THERMOMETERS) REGULATIONS, 1986.

EUROPEAN COMMUNITIES (CLINICAL MERCURY-IN-GLASS MAXIMUM READING THERMOMETERS) REGULATIONS, 1986.

I, MICHAEL NOONAN, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 76/764/EEC of the 27th day of July, 1976¹, Council Directive No. 83/128/EEC of the 28th day of March, 1983² and Commission Directive No. 84/414/EEC of the 18th day of July, 1984³, hereby make the following Regulations:

¹O.J No. L262, 27/9/76, p. 139.

²O.J No. L91, 9/4/83, p. 29.

³O.J No. L228. 25/8/84, p. 25.

1. These Regulations may be cited as the European Communities (Clinical Mercury-in-Glass Maximum Reading Thermometers) Regulations, 1986.

2. (1) In these Regulations "the Council Directive" means Council Directive No. 76/764/EEC of the 27th day of July, 1976, as amended by Council Directive No. 83/128/EEC of the 28th day of March, 1983, and Commission Directive No. 84/414/EEC of the 18th day of July, 1984.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.

3. (1) Only those clinical mercury-in-glass maximum reading thermometers to which the Council Directive applies may bear the EEC pattern approval sign and the EEC initial verification mark and they shall be subject to EEC pattern approval and to EEC initial verification as specified in Annexes I and II to Council Directive No. 71/316/EEC of 26 July, 1971⁴ (as amended by Council Directive No. 83/575/EEC of 26 October, 1983⁵) and in Annexes I and II to the Council Directive.

⁴O.J No. L202 6/9/71, p. 707.

⁵O.J No. L332 28/11/83, p. 43.

(2) Nothing in the Weights and Measures Acts, 1878 to 1961, or any instrument made thereunder shall prohibit, prevent or restrict, or authorise or empower the prohibition, prevention or restriction of, or the refusal to authorise or permit, the placing on the market or entry into service of clinical mercury-in-glass maximum reading thermometers to which the Council Directive applies if such instruments bear the EEC pattern approval sign and the EEC initial verification mark provided for in Annexes I and II to Council Directive No. 71/316/EEC (as amended by Council Directive No. 83/575/EEC of 26 October, 1983) and in Annexes I and II to the Council Directive.

4. (1) Regulations 7 and 11 (which relate to the affixing of EEC initial verification marks to instruments and the inspection of instruments to which such marks are affixed) of the European Communities (Measuring Instruments) Regulations, 1973 ( S.I. No. 67 of 1973 ), shall apply to clinical mercury-in-glass maximum reading thermometers to which the Council Directive applies as they apply to the instruments covered by those Regulations, subject to the modifications that in those Regulations references to inspectors shall be construed as references to Inspectors under the Weights and Measures Acts, 1878 to 1961, and officers of the Institute for Industrial Research and Standards and references to the special provisions applicable to an instrument of its category and the requirements prescribed shall be construed as references to the requirements in relation to an instrument of its category specified in Annexes I and II to the Council Directive.

(2) Paragraphs 2 and 3 (which relate to the affixing of EEC pattern approval symbols to instruments) of Schedule 2 of the said European Communities (Measuring Instruments) Regulations, 1973, shall apply to clinical mercury-in-glass maximum reading thermometers to which the Council Directive applies as they apply to instruments covered by those Regulations.

GIVEN under my Official Seal, this 10th day of September, 1986.

MICHAEL NOONAN,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

These Regulations are made to give effect to Council Directive No. 76/764/EEC as amended by Council Directive No. 83/128/EEC and Commission Directive No. 84/414/EEC on the approximation of the laws of Member States relating to clinical mercury-in-glass maximum reading thermometers.