./.WORLD TRADE
ORGANIZATIONG/TBT/Notif.98.628
23 December 1998
(98-5175)
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 of Justice
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):  Breathalysers
5. Title, number of pages and language(s) of the notified document:  Decree Amending the
Decree on Alcohol Testing Following the Amendment to the Air Traffic Act (Alcohol
Testing within Aviation)
6. Description of content:  The present subject matter is identical to that of draft Regulation –
notified simultaneously – of the Minister for Justice of … amending the Regulation on
breath analysis and the Regulation on blood and urine analysis following the amendment to
the Air Traffic Act.
The Act of 26 March 1997 amending the Air Traffic Act (evidence of competence,
controlling alcohol and drug abuse), Bulletin of Acts and Decrees 255, contains a new
Regulation for the offence of "flying under the influence (of alcohol or drugs)", thus greatly
enhancing the possibility of tracing this type of offence and instituting criminal-law
proceedings in this respect.  Among other things, alcohol levels have been established in
blood and breath, whereby it is forbidden (in any case) to carry out activities on board
aircraft or within the framework of the air-traffic service (see Article 2.12, third paragraph,
and 5.17(a), second paragraph).  At the same time, three types of alcohol testing have beenintroduced:  breath analysis, blood analysis (see Article 11.6) and so-called provisional
breath testing, which can be carried out, without suspicion, by way of routine checking
(Article 11.4, second paragraph).  The new Regulation with regard to "flying under the
influence (of alcohol or drugs)" is completely identical to the existing Regulation with
regard to "driving under the influence (of alcohol or drugs)" for road traffic, as included inthe Road Traffic Act 1994.  This also means that the implementing regulations based on the
Road Traffic Act which contain rules for the different types of alcohol testing can also be
declared applicable to "flying under the influence (of alcohol or drugs)".  This applies,  inter
alia, to the Decree on alcohol testing.G/TBT/Notif.98.628
Page 2
6. Description of content (cont'd):
This Decree has been notified before ( under No. G/TBT/Notif.97.339).  The draft
Decree referred to under point 5 thus declares the Decree on alcohol testing to be applicable
to air traffic by making reference to the Air Traffic Act where reference is currently made to
the Road Traffic Act 1994.  In the opinion of the Dutch Government, this widening of thescope of technical regulations which are included in another regulation can probably be
deemed to be a technical regulation which has to be notified in its own right.
The present Regulation concerns the widening of the scope of the technical
regulations in the Decree on alcohol testing, i.e. Articles 3 and 4.  These articles prescribe
requirements for breathalysers.  For the sake of clarity, it is noted that the present
Regulation does not introduce any changes to these requirements in terms of content.
Finally, it is noted that a virtually identical amendment to the Decree on alcohol testing tookplace recently in terms of shipping and the offence "sailing under the influence [of alcohol
or drugs]".  This amendment has also been  notified (G/TBT/Notif.97.694).  Unfortunately,
due to a misunderstanding, this amendment did not include the present amendment.
7. Objective and rationale, including the nature of urgent problems where applicable:  The
draft Decree has been drafted in the interest of maintaining public order and safety.  The
technical regulations listed under point 6 apply to national and imported products alike.
Regarding foreign products which meet the requirements laid down in the country of origin,a clause of mutual recognition has been included in Article 24 of the Decree on alcohol
testing.
8. Relevant documents:  Air Traffic Act, Articles 2.12, 5.17(a), 11.4 and 11.6, the Decree on
Alcohol Testing (see notification No. G/TBT/Notif.97.339).
9. Proposed date of adoption:  1 March 1999
Proposed date of entry into force:  June/July 1999
10. Final date for comments:  15 February 1999
11. Texts available from:  National enquiry point [ X ] or address, e-mail and telefax number of
the other body: