./.WORLD TRADE
ORGANIZATIONG/TBT/N/NLD/46
26 July 2002
(02-4159)
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):   Packaging as referred to
in Article 3(1) of Directive 94/62/EC of the European Parliament and the Council of the
European Union of 20 December 1994 on packaging and packaging waste (OJ L 365)
(hereinafter: Packaging Directive), as well as paper and cardboard, excluding packaging.
5. Title, number of pages and language(s) of the notified document:   Draft Packaging
Covenant III
6. Description of content:   The Packaging Directive has been transposed in the Netherlands
to the Regulation on packaging and packaging waste.  Article 2 of this Regulation providesfor the possibility for companies from the packaging chain to conclude a covenant.
Industry made use of this option in 1997 and concluded a covenant with the Minister for
Housing, Planning and the Environment (Pack aging Covenant II).  The draft Packaging
Covenant III follows on from this.  The draft Packaging Covenant III contains, among other
things, agreements on prevention, product re-use, material re-use, other forms of recovery,
and monitoring and reporting related to packaging.
Agreements have also been concluded on the reduction in, and prevention of, litter.
The recently notified Decree on the management of packaging, as well as paper and
cardboard (notification No G/TBT/N/NLD/44) shall enter into force on 1 January 2004,
unless it has been demonstrated that the quantity of cans and bottles in litter has reduced byat least two-thirds of the 50 million cans and bottles in litter found in September 2001.  This
objective is included in the sub-covenant on litter that forms part of the draft Packaging
Covenant III.
The draft Packaging Covenant III contains technical regulations with regard to the
refillability of drinks packaging for soft drinks, water and beer (Annex 2 to the
sub-covenant on producers and importers).G/TBT/N/NLD/46
Page 2
7. Objective and rationale, including the na ture of urgent problems where applicable:
The regulations prescribed for drinks packaging for beer, soft drinks and water result in the
promotion of product re-use and therefore aim to protect the environment.  In principle, this
drinks packaging must be refillable and accompanied by a deposit money scheme.  The
introduction to the Dutch market of single-use drinks packaging is permitted under certainconditions (see Articles 5 and 6 in Annex 2 to the sub-covenant on producers and
importers).
A clause of mutual recognition has not been included because it is possible for producers
and importers from other EU and EEA countries to sign up to the Packaging Covenant.  If
they do not do so, the provisions from the Regulation on packaging and packaging waste
shall apply to them by way of implementing the Packaging Directive.
8. Relevant documents:   Regulation on packaging and packaging waste;  Packaging
Covenant II
9. Proposed date of adoption:
Proposed date of entry into force: }1 November 2002
10. Final date for comments:   20 September 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: