WORLD TRADE
ORGANIZATIONG/TBT/Notif.99.325
1 July 1999
(99-2718)
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 for Social Affairs and Employment
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):   Adhesive and paint
products as listed in article 4.41b of the draft regulation which contain a maximum level of
volatile, organic substances, as specified by this article.
5. Title, number of pages and language(s) of the notified document:   Regulation by the
State Secretary for Social Affairs and Employment, J.F. Hoogervorst, dated ... ,
No. ARBO/AMIL/9820578 amending  the Regulation on Conditions at the Workplace
regarding activities involving volatile, organic substances.
6. Description of content:   The purport of the present draft regulation is to designate activities
whereby the products used in these activities which contain (a high level of) volatile,
organic substances shall be replaced by harmless or less harmful products.  Suchreplacement products are also designated by this regulation.  The designation pertains to
varnish and paint activities and applications of adhesives carried out indoors, including the
preparatory activities which precede these activities.  The present draft regulation is based
on article 4.62b of the Decree on Conditions at the Workplace. With regard to activities
designated by ministerial regulation which involve volatile, organic substances or products
with a high content of these substances, these substances and products shall, in accordance
with the above article, be replaced by harmless or less harmful substances or products.
7. Objective and rationale, including the na ture of urgent problems where applicable:
The draft regulation is justified by the importance to protect the health of employees
involved in the designated activities.  Indeed, exposure to volatile, organic substances can
lead to serious health complaints, including chronic, toxic encephalopathy, also known as
organic psychosyndrome (OPS).  Regarding the activities designated here, there is not only
a high exposure to volatile, organic substances, but it is also extremely difficult or
practically impossible to take adequate cont rol measures due to the nature of the work
situation and the way in which the relevant products are used. Given the gravity and extent
of the OPS problem (every year, the number of cases increases by 100 to 200) the onlyG/TBT/Notif.99.325
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solution for adequate protection of the above interests is deemed the replacement of harmful
products by harmless or less harmful products as designated by the government in such
work situations where there is a high risk of OPS. Moreover, no distinction is made between
Dutch and imported products in this respect; all products from other Member States which
meet the requirements laid down by the present regulation can be freely traded.
Consequently, the regulation is deemed compatible with Articles 30-36 EC on the free
movement of goods. In order to clear up any ambiguity in this respect, article 4.41c contains
a clause on mutual recognition of non-Dutch products.  Information on the basis of article 8,para. 1, fourth sentence, of Notification Directive 98/34/EEC.
Relevant information on the preparation and product to be replaced.  The products which
need to be replaced on the basis of the  present draft regulation are a group of products
which contain such high concentration levels of volatile, organic substances that they, given
the nature of the work situation and the application method of the product involved, can
cause serious health risks in the shape of OPS.  The products in question are paint products(including products which are used in the preparation of painting activities), with the
exception of masonry paint, which contains more than 125 g of volatile, organic substances
per litre of product, masonry paint which contains more than 75 g of volatile, organic
substances per litre of product and adhesive products (including the products used in the
preparation of activities involving adhesives) which contain more than 5 g of volatile,organic substances per kg of product.
Relevant information on the replacement preparation or product.  Replacement paint
products (excluding masonry paint) contain no more than 125 g of volatile, organic
substances per litre of product, replacement masonry paint contains no more than 75 g ofvolatile, organic substances per litre of product and replacement adhesives contain no more
than 5 g of volatile, organic substances per kg of product.
Said products are, from an OPS point of view, currently the safest products available.  With
effect from 1 January 2002 the said maximum quantities of volatile, organic substances in
masonry paints and other paint products will be reduced to 60 and 100 g per litre of product,
respectively.
The expected effects of the measures for public health (or the protection of the
consumer and the environment).
The effects on public health are a drop in the number of new cases of OPS in the relevant
professional groups.  As far as the environmental effects are concerned, it is expected that
the emission of volatile, organic substances in the paint and adhesives sector will reduce
considerably in the next couple of years as a result of the application (and hence production)
of construction paints and adhesives which contain less volatile, organic substances.
Emissions will reduce even more in the products used if the do-it-yourself sector follows theexample of the professional sector.  With this in mind, the Dutch government (Ministry of
Housing, Planning and the Environment, in ta ndem with the Ministry of Social Affairs and
Employment) has initiated a programme in order to stimulate the use of low-solvent paint
and adhesive products in the do-it-yourself sector.G/TBT/Notif.99.325
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8. Relevant documents:   Decree of 15 February 1999 amending the Decree on Conditions at
the Workplace regarding the obligation to replace volatile, organic substances (Bulletin of
Acts and Decrees 105).
9. Proposed date of adoption:  1 October 1999
Proposed date of entry into force:  1 January 2000
10. Final date for comments:  8 September 1999
11. Texts available from:  National enquiry point [ X] or address, e-mail and telefax
number of the other body: