WORLD TRADE G/TBT/Notif.97.435
18September 1997
ORGANIZATION
(97-3738)
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 ofEconomic Affairs
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 maybeprovided inaddition, where applicable): Measures, weights,
weighing andmeasuring equipment andmeasuring instruments
5. Title, number ofpages andlanguage(s) ofthenotified document: BillonRules
Regarding Measures, Weights, Measuring andWeighing Equipment andMeasuring
Instruments (Weights andMeasures Act)
6. Description ofcontent: TheActissues rules forthecorrect measuring andweighing in
society andprescribes theuseofsuitable means ofmeasurement (measures, weights,
measuring andweighing equipment andmeasuring instruments). Paragraph 1contains
provisions regarding therecognised measuring units andprovisions regarding the
standards ofsuchunits. Anestablishment maybeappointed byRoyal Decree which is
responsible forbringing thestandards about andmanaging thesame. Such establishment
shall observe theprovisions oftheMeter Convention. Paragraph 2prescribes the
conditions which themeans ofmeasurement shallmeet. Other conditions maybeadded
byDecree andministerial regulation. Rules havealsobeendrawn upforhaving means
ofmeasurement available, supplying andusing these inthetrade and,under certain
circumstances, when carrying outaprofession oractivity. TheMinister maygrant an
exemption from thisunder certain conditions. Additionally, theActprescribes the
procedures formarketing themeans ofmeasurement lawfully. These include, in
general, atype approval, followed byanindividual inspection ofthemeans of
measurement upon which thesaidmeans isprovided withastamp.
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Page2
6. Description ofcontent: (cont'd)
Re-inspection andtherightoftheowner ofameans ofmeasurement toapply for
re-inspection arealsosubject torules. Article 21acontains thefoundation forthe
implementation ofECDecisions intheNetherlands viatheGeneral EEC Weights and
Measures Decree. Although oneestablishment hasbeenappointed which isresponsible
fortheinspection andmonitoring, other establishments mayalsoberecognised tocarry
outcertain inspections. Provision hasbeen made foranappeal procedure forthose
which have been adversely affected byadecision made bytheestablishment orother
recognised establishments.
7. Objective andrationale: IftheBillcontains quantitive import restrictions ormeasures of
equal effect thenthese arejustifiably protected intheinterest offairness ofcommercial
transactions andtoprotect consumers. Aprovision concerning mutual recognition has
beenincluded inArticle 10aforproducts from other states oftheEuropean Economical
Area which meettherequirements prescribed inthecountry oforigin.
8. Relevant documents: Reference documents -criteria text-General section ofthe
Explanatory Note totheBilloftheWeights andMeasures Act1937 (Parliamentary
Documents II1933/34, 366,No.3)-Billamending theWeights andMeasures Act1937
andanyother actsregarding theprivatisation oftheadministration oftheDepartment of
Weights andMeasures (privatisation service oftheDepartment ofWeights and
Measures) (Parliamentary Documents II1985/86, 19630,Nos. 1to3)-Billamending
theWeights andMeasures Actregarding therevision oftheadvisory structure and
coming intoforce oftheEUTreaty (Parliamentary Documents II,24763,Nos. 1to3)
9. Proposed dateofadoption: 21October 1997
Proposed dateofentry intoforce: 21October 1997
10. Final dateforcomments: 20October 1997
TheNetherlands willproceed toimplement theproposed measure after45days
ifnocomments orrequests forextension ofthetimelimithavebeenreceived from other
Members within thattime.
11. Texts available from: National enquiry point [X]oraddress andtelefax number ofother
body: