. /.WORLD TRADE
ORGANIZATIONG/TBT/N/NLD/54
10 October 2002
(02-5470)
Committee on Technical Barriers to Trade Original:  English
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 Economic affairs
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 Mining Decree
relates to mining works on land and mining facilities in surface water,  pipelines and cables.
5. Title, number of pages and language(s) of the notified document:   The Mining Decree   
      
6. Description of content:  The Mining Decree fleshes out the Mining Act. The Mining
Decree lays down rules relating to, among other things, exploratory analysis, prospecting
and extraction of minerals or terrestrial heat and the storage of substances.  Regulations are
in this connection also laid down in relation to mining facilities, pipelines and cables.Technical requirements are imposed on these products, without a distinction being made
between national or foreign origin.  Thus, it is stipulated in Chapter 5 that mining facilities
must be sufficiently strong to withstand forces to be expected as a result of wind strength,
beating of the waves, currents and use of the facility (Article 50).  Mining facilities should
also be equipped with a helideck, identify ing marks, certain beacons and communication
equipment (Articles 51 and 52).  With regard to pipelines, it is stipulated in Chapter 6 that
these must be protected against corrosion and external forces (Article 93); in the case ofcables, these are required to exhibit such characteristics that no damage is caused (Article
105).  The said product requirements will still be specified in more detail in a ministerial
regulation, the Mining Regulation. This Mining Regulation will also be notified in the near
future.
7. Objective and rationale, including the na ture of urgent problems where applicable:  In
so far as the requirements specified in point 6 contain quantitative import restrictions or
measures of equivalent effect within the meaning of the TBT-Agreement with regard to
these products, these are justified by the interest of protection of the environment and
safety.  After all, mining is a high-risk branch of industry in which requirements concerning
the safety of products to be used are necessary.
8. Relevant documents:   Mining ActG/TBT/N/NDL/54
Page 2
9. Proposed date of adoption :  20 November 2002
Proposed date of entry into force:   1 January 2003        
  
10. Final date for comments:   18 November 2002
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: