WORLD TRADE G/TBT/Notif.97.670
13October 1997
ORGANIZATION
(97-4408)
Committee onTechnical Barriers toTrade
NOTIFICATION
Thefollowing notification isbeing circulated inaccordance withArticle 10.6.
1. Member toAgreement notifying: NETHERLANDS
Ifapplicable, name oflocalgovernment involved (Articles 3.2and7.2):
2. Agency responsible: Ministry ofTransport andPublic Works
Agency orauthority designated tohandle comments regarding thenotification canbe
indicated ifdifferent from above: National enquiry point
3. Notified under Article 2.9.2 [X],2.10.1 [],5.6.2 [],5.7.1 [],other:
4. Products covered (HSorCCCN where applicable, otherwise national tariff heading.
ICSnumbers may beprovided inaddition, where applicable): Safety belts, hand
luggage, flight preparation forms, fuelandoil,IFRinstruments, communications
equipment, navigational equipment, radio equipment forlanding under instrument
conditions, aircraft identification equipment forairtraffic control, aircraft weather radar
foraircraft with pressurized cabins, ground collision warning equipment, emergency
equipment incaseofflights above areas where tracking andrescue present particular
difficulties, emergency oxygen supply andoxygen masks, anti-icing devices, night-flight
instrumentation, equipment forover-water navigation, logbooks and official
documentation, first-aid kits,manually-operated fireextinguishers, back-up safety fuses,
signs designating cabin crew areas, signs designating emergency exits, flight recorders,
equipment formeasuring andindicating cosmic radiation, equipment fortheprovision of
information andnotices.
5. Title, number ofpages andlanguage(s) ofthenotified document: Regulation Governing
thePreparation andOperation ofAirTraffic. This does notapply tosight-seeing
flights.
6. Description ofcontent: Article 8A,paragraph 1,oftheAviation Actstipulates thatrules
onpreparation andoperating ofairtraffic beissued byorinaccordance withOrders in
Council. Article 105oftheRegulation Governing Aviation Monitoring instructs the
Minister ofTransport, Public Works andWater Management toestablish rules inthis
regard aswellasequipment requirements relating toaircraft inflight. Subsequently,
further implementation islaiddown forthispurpose inthepresent draftRegulation.
According totheDutch Government, thedraft Regulation stated inpoint 5
probably contains technical regulations. Anindicative summary ofthetechnical
regulations appears below:
- Article 5a:cockpit seats must befitted withthree orfourpoint connection seat
belts(established on29May1990);
- Article 5b: requirements relating tothemethods ofhand luggage storage
(established on29May1990);G/TBT/Notif.97.670
Page2
6. Description ofcontent: (cont'd)
- Article 6:anumber ofpoints relating totheaircraft status must beentered in
theflight planforms bythecaptain;
- Article 7:theaircraft must carry enough fuelandoilfortheduration ofthe
flight withadequate reserves forreaching those diversion airfields indicated in
theflight plan. Provision ishereby made fordifferent aircraft categories
(established on29May1990);
- Article 8:theaircraft must befitted with thenecessary instrumentation for
ensuring safeflight (established on29May1990);
- Article 9:anumber ofinstruments must beprovided onboard IFRflights, and
these must offer aclear display tothepilots (established 29May1990);
- Article 10: aircraft must befitted withspecial purpose radio equipment for
communication purposes. Such equipment must, asof1January 2001, atleast
conform tothestandards inSection IofBook IofAnnex 10oftheICAO Treaty
(established on29May1990 -paragraph 2isdated 10February 1997);
- Article 11:special purpose on-board navigational equipment must beinstalled
onaircraft. Such equipment must atleastconform tothestandards established
inSection IofBook IofAnnex 10oftheICAO Treaty (established on
29May1990);
- Article 12:special purpose radio-equipment must beinstalled onboard aircraft
landing under instrument conditions (established on29May1990);
- Article 13:on-board aircraft identification equipment forairtraffic control must
beinstalled. Such equipment must atleastconform tothestandards established
inSection IofBook I,Annex 10oftheICAO Treaty (established on
29May1990);
- Article 14: aircraft fitted with apressurized cabin must, under certain
circumstances, haveaweather radar installed (established on29May1990);
- Article 15: certain types offixed-wing aircraft must, under certain
circumstances, befitted withground orseacollision warning equipment. Such
equipment must conform totherequirements established bytheDGRLD
(established on29May1990). (These requirements were never laiddown);
- Article 16: aircraft flying above territory where tracking andrescue present
particular difficulties must befitted with special emergency equipment
(established on29May1990);
- Article 17: aircraft flying under certain circumstances must befitted with
equipment forthestorage andprovision ofemergency oxygen andoxygen masks
(established on29May1990);
- Article 18: aircraft must befitted with anti-icing devices (established on
29May1990);G/TBT/Notif.97.670
Page3
6. Description ofcontent: (cont'd)
- Article 19: requirements foraircraft flying atnight supplementary tothe
requirements stated inArticle 9(established on29May1990);
- Article 20: requirements relating tothepresence ofitems onboard aircraft
flying over water, such aslifejackets and liferafts (established on
29May1990);
- Article 21:requirements relating tologbooks andofficial documentation which
must bepresent onboard aircraft inflight (established on29May1990);
- Article 22: afirst aidkitmust bepresent during flight (established on
29May1990);
- Article 23:manually-operated fireextinguishers ofanapproved typemust be
present onboard (established on29May 1990). Seepoint 10forfurther
information;
- Article 24: requirements relating toback-up safety fuses (established on
29May1990);
- Article 25:"nosmoking" andcabin crew access areasigns must bepresent on
board theaircraft (established on29May1990);
- Article 26: requirements relating toemergency exitsigns (established on
29May1990);
- Article 27:aflight recorder must beinstalled onboard certain types ofaircraft.
Such flight recorders must have determined features andconstruction andbe
subject tospecific rules (established on29May1990);
- Article 28:incertain circumstances, aircraft must befitted withequipment for
measuring andindicating cosmic radiation (established on29May1990);
- Article 29: devices must bepresent onboard aircraft fortheprovision of
passenger information andnotices onanumber ofsubjects (established on
29May1990).
7. Objective andrationale: Ifthedraft amendment oftheRegulation contains quantitative
import restrictions ormeasures ofequal effect within themeaning oftheAgreement on
Technical Barriers toTrade thensuchmeasures arejustified intheinterests ofpublic
health andsafety andinorder toprotect human life.
Asthings stand, thepresent Regulation willbereplaced on1April 1998 by
JAR-OPS orlegislation inwhich JAR-OPS shallbeimplemented.G/TBT/Notif.97.670
Page4
8. Relevant documents: ICAO Annex 6and10;Aviation Act(Article 8A,paragraph 1);
Regulation Governing Aviation Monitoring (Article 105); point 5.2ofAppendix 2to
Article 12,paragraph 1(b)oftheRegulation Governing Aviation Safety, containing
requirements with regard tothepresence andfeatures ofmanually-operated fire
extinguishers andrequirements relating totheextinguishing agents contained therein, is
applicable toArticle 23onmanually-operated fireextinguishers. These requirements are
based ontheEuropean aviation requirements (JAR 25.851, enclosed). JAR 25is
applicable through Ordinance 3922/91/EEC, which leads tocommon technical
regulations within theEuropean Union.
9. Proposed dateofadoption: 20November 1997
Proposed dateofentry intoforce: 21November 1997
10. Final dateforcomments: 19November 1997
TheNetherlands willproceed toimplement theproposed measure after45days
ifnocomments orrequests forextension ofthetime-limit havebeenreceived fromother
Members within thattime.
11. Texts available from: National enquiry point [X]oraddress andtelefax number ofother
body: