. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/NLD/72 
13 October 2006 
 (06-4951) 
Committee on Technical Barriers to Trade Original:   English 
  
NOTIFICATION 
 
The following notification is being circ ulated 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:   Productschap Dranken 
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):   Single-use plastic bottles 
for soft drinks and water on which a deposit is charged. 
5. Title, number of pages and langua ge(s) of the notified document:   Second Amendment 
to the Decree implementing the Beverages Marketing Board Packaging Order 2003 (2 pages, in English). 
6. Description of content:   The aim of the amendment is  to introduce a handling fee for 
(additional) returnable packaging (Dutch d esignation: VBR) for single-use plastic bottles 
filled with soft drinks or water that are placed on the market with a deposit.  This relates, in 
practice, to bottles with a content of more than 0.5 litres. As of the beginning of 2007, these bottles will be sold on the Dutch market without  a crate or tray.  The current regulation on 
the VBR, as laid down in Article 5 of the Decree implementing the Beverages Marketing 
Board Packaging Order 2003, provides sole ly for supply via crates or trays. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Because of the disparities in the distribution of  soft drinks and wate r in packaging on which 
a deposit is charged, a system involving a handling fee for (additional) returnable 
packaging, known as VBR for short, has been  in place for decades.  These disparities are 
due to the fact that consumers buy full bottles from one retailer (for example discount 
supermarkets, petrol sta tions or kiosks) and then return th e empty bottles to another retailer 
(for example the full service supermarket round the corner).  The latter retailers end up with 
the costs but not the benefits of the deposit sy stem. In order to compensate them for this, a 
VBR contribution is levied on each crate or tray  of full bottles, which is then paid back 
when the crate of empty bottles is returned (and is properly sorted).  This is a zero cost/benefit operation for manufacturers and impor ters, but not for wholesalers and retailers, 
because they are compensated for the customer s returning more or less than 100% of the 
empty bottles.  This balances out the negative economic effects of the deposit system.  This 
system was notified to the European Commis sion in the past, and also obtained separate 
approval from the Directorate-General for Competition. G/TBT/N/NLD/72 
Page 2  
 
  8. Relevant documents:   Industrial Organisation Act, Order establishing the Beverages 
Marketing Board, The Beverages Marketing Board Packaging Order 2003. 
9. Proposed date of adoption:   
Proposed date of entry into force:    1 February 2007 
1 March 2007 
10. Final date for comments:   27 December 2006 
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:   
http://europa.eu.int/comm/enterprise/tbt/