. /.WORLD TRADE
ORGANIZATIONG/TBT/Notif.98.646
23 December 1998
(98-5196)
Committee on Technical Barriers to Trade
NOTIFICATION
The following notification is being circulated 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
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):  VOR and ILS receivers
5. Title, number of pages and language(s) of the notified document:  Draft Regulation
Amending a Number of Regulations on the Preparation and Implementation of Flights.
6. Description of content:  The draft regulation creates the possibility of carrying out flights
under certain conditions without having the equipment on board which is aligned to the
"FM-immunity" requirements, until no later than 1 January 2001.
As already communicated, regarding aviation with an IFR permit, the requirements included
in ICAO Annex 10 prescribed for VOR and ILS receivers have been adopted fully by the
Dutch aviation authorities. These receivers must be resistant to interfering influences of
(broadcasting) radio stations from 1 January 1998 onwards.
These so-called "FM-immunity" requirements  have been laid down in the Aviation
Surveillance Decree and in ministerial regulations which have been amended in the present
regulation.
Due to insufficient availability, the replacement of VOR and ILS receivers by the
equipment required as from 1 January 1998 seems problematic. The said regulations create
the possibility - by this amendment - of deviating  from the obligation to have such
equipment on board, at least provisionally, provided that the specified criteria are met.
7. Objective and rationale, including the nature of urgent problems where applicable: The
conditions included in the amendment help ensure that safety is guaranteed at the same level
at least.
In the Amsterdam flight information area, it is continually assessed what navigation aids
(VOR and/or ILS) are sensitive to interference, based on the configuration of the
broadcasting transmission conglomerate. Restrictions can thus be drafted.  Problem areas
within the Netherlands shall be identified until no later than 1 January 2001.G/TBT/Notif.98.646
Page 2
Within Europe, States have been requested by the Joint Aviation Authorities to analyse, by
means of a position paper, where possible problems may arise, in respect of the airspace for
which they are responsible, and to translate the results of these analyses into practical
measures, as the Netherlands will do regarding the above-mentioned restrictions. Since it isnot compulsory to carry out these analyses, it is, however, possible that this is neglected and
the relevant State assumes that the visiting aircraft meet the "FM-immunity" requirements in
accordance with the standard included in ICAO Annex 10.  For this reason, explicit, written
approval is required from states of departur e or arrival of flights without having on board
equipment which has been adapted.
8. Relevant documents:
- Aviation Act, article 8A- Aviation Surveillance Decree, articles 105, 114 and 116
- Part I of volume I of appendix 10 (Aeronautical Telecommunications) of the Treaty on
international civil aviation (pages 13 and 24)
9. Proposed date of adoption:  22 February 1999
Proposed date of entry into force:  1 March 1999
10. Final date for comments:  17 February 1999
11. Texts available from:  National enquiry point [X] or address, e-mail and telefax number of
the other body: