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Entry 18(a) of Annex XVII to REACH - Mercury
How should derogation in entry 18(a) of Annex XVII related to Antique Barometers be interpreted?
Under 18(a) antiques measuring devices are defined as more than 50 years old on 3 October 2007.
Under paragraph 3 antique measuring devices are exempted from the restriction. Repairing and maintenance activities for these antique measuring devices are also exempted for the restriction.
The intention of the legislator in granting an exemption for antique measuring devices is that their trade should continue (Directive 2007/51/EC, Recital No 4) due to their cultural and/or historical value. Therefore these instruments should continue to be serviced in order to keep their cultural and/or historical value.
Antique measuring devices such as barometers containing two columns of mercury which one consists of a thermometer are considered falling within the derogation of paragraph 3 and therefore they should continue to be serviced. The columns can be repaired or replaced if these activities are part of the maintenance and repair services and preserve the cultural and/or historical value of the instrument.
Professionals may buy measuring devices containing mercury if they are destined for the repair and maintenance activities of antique measuring devices.