. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/NLD/60 
27 February 2004 
 (04-0875) 
Committee on Technical Barriers to Trade Original:  English 
   
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   THE NETHERLANDS
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   Ministry of Transport and Public Works 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   National Enquiry 
Point – EC WTO TBT Enquiry Point 
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):   The draft Decree 
contains safety regulations for sea-going ships under the Dutch flag. 
5. Title, number of pages and language(s) of the notified document:   Decree regulating the 
safety and certification of sea-going ships (2004 Shipping Decree)  
6. Description of content:   The draft Decree aims to modernize existing safety regulations for 
sea-going ships.  The main purpose of the modernization is to create a suitable legal 
framework within which the various internati onal and European shipping developments can 
be implemented effectively.  At the moment, the safety of sea-going ships is regulated in 
the 1965 Shipping Decree  which will be replaced by the present Decree.  Like the 1965 
Shipping Decree, the new Decree contains safety regulations for sea-going ships and provisions regarding the safety certification of sea-going ships.  
 
 The safety regulations for sea-going ship s included in the draft Decree and the 
relevant provisions concerning the certification of sea-going ships are mainly based on the International Convention for the Safety of Li fe at Sea (SOLAS 1974) and the International 
Convention on Load Lines (Load Line 1966), or  based on resolutions of the International 
Maritime Organisation (IMO).  In conforman ce with the policy that already underlies the 
1965 Shipping Decree, the international saf ety regulations are also applied to 
non-convention ships.   Particularly chapters 3 and 4 of the draf t Decree contain technical regulations.  The 
provisions in connection with these regulations  concerning the certification of ships are 
included in chapter 2 of the draft Decree.  G/TBT/N/NLD/60 
Page 2  
 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
The draft Decree mainly aims to implement international obligations on the basis of the 
SOLAS 1974 Convention and the Load Line 1966 Convention.  The principal purpose of 
the technical regulations included in the draft Decree, which apply indiscriminately to all sea-going ships built in the Netherlands or outsid e that sail under the Dutch flag, is to offer 
effective protection of public safety and the health and life of persons.  Moreover, the 
technical regulations included in the draft Decree are commensurate to the objectives intended by these regulations.   The draft Decree does not contain a provision of mutual recognition of certificates.  
On the basis of the international conventions, certificates issued for sh ips lose their validity 
if the ship changes nationality.  It is therefor e impossible to recognize certificates issued by 
preceding flag states.  Furthermore, the transfer of ships between national registers is already regulated within the EU by Regulation (EEC) No 613/91.  
 The Decree provides for the authority to lay down admission requirements for 
shipping equipment by ministerial regulation.  Insofar as these admission requirements do not aim to implement European directives (D irective 96/98/EC on marine equipment and 
Directive 1999/5/EC on radio equipment and te lecommunications terminal equipment), the 
relevant regulation will contain a provision on mutual recognition of equipment which has 
been manufactured in, or introduced onto the market of, another Member State and which 
meets equivalent admission requirements.  Th e said Regulation will be notified separately. 
8. Relevant documents:   - 
9. Proposed date of adoption:  1 June 2004 
Proposed date of entry into force:  1 July 2004 
10. Final date for comments:   1 May  2004 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body: