. /.WORLD TRADE
ORGANIZATIONG/TBT/N/NLD/26
21 August 2001
(01-4068)
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 Housing, Spatial Planning and the Environment
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 substance 1,1'-
(isopropylidene)bis[3,5-dibromine-4-(2,3-dibromine propoxy)benzene]
(Cas No 21850-44-2).
5. Title, number of pages and language(s) of the notified document:   Regulation containing
Rules for the Substance FR-720 (Regulation FR -720 under the Act on Substances that are
Harmful to the Environment)
6. Description of content:   The Regulation contains a ban on the manufacture or, whether or
not processed in a preparation or product, import into the Netherlands, use or the having
available of the relevant substance in trade stocks.  This Decree does not contain a provision
of mutual recognition.  Such a provision cannot play a role in the framework of this Decree,
because a general ban applies within the Netherlands.  The exemption from the ban, insofar
as the substance is exclusively intended for laboratory research, is also a general exemption.
7. Objective and rationale, including the na ture of urgent problems where applicable:
Have been included in the list of priorities under Council Regulation 793/93 on the
evaluation and control of the risks of existing substances; on the basis of a proposal for a
directive, the separate collection of waste that contains flame retardants containing bromine
shall be made compulsory; there is also a directive in preparation as a result of which
polybromine biphenyl and polybromine diphenyl ether may no longer be used in new
electrical and electronic equipment.
The above policy, which aims to prevent substances with decidedly unwanted
characteristics from ending up in the environment, is being thwarted by the proposed
production by a company based in the Netherlands of this little known substance, but which
is expected to have the same characteristics as the substances for which measures are now
being prepared at EU level.G/TBT/N/NLD/26
Page 2
Insofar as is known, the substance is currently not imported or traded in the Netherlands;
should this be the case anyway and this measure were to contain quantitative import
restrictions or measures of equal effect, these would be justified to protect the environment.
8. Relevant documents:   Act on Substances that are Harmful to the Environment (Articles 24
and 31).
9. Proposed date of adoption:  30 October 2001
Proposed date of entry into force:  1 November 2001
10. Final date for comments:   25 October 2001
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: