./.WORLD TRADE
ORGANIZATIONG/TBT/Notif.98.364
22 July 1998
(98-2900)
Committee on Technical Barriers to Trade
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying:  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
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): The draft decree issues
general environmental regulations which certain establishments for the retail trade and
traditional trades shall meet, and which also relate to installations
5. Title, number of pages and language(s) of the notified document:  Draft Decree on Rules for
Establishments Used in the Exercise of the Retail Trade and Traditional Trades (Draft
Decree on the Retail Trade and Traditional Trades Under Environmental Management).
6. Description of content: The draft decree is based on article 8.40 of the Environmental
Management Act and contains general rules for establishments used in the retail trade and
traditional trades. Pursuant to these rules, the licence obligation of Article 8.1 of the
Environmental Management Act for these establishments is repealed.  The general rules
relate to nuisance caused by noise, vibration, energy consumption, waste substances andwaste water, emissions into the atmosphere, as well as nuisance caused by lighting, safety,
water consumption and soil examination
7. Objective and rationale, including the nature of urgent problems where applicable:  The aim
of the decree is to establish rules to protect the environment as much as possible against any
adverse effects emanating from these establishments. The decree is based on the cabinet's
viewpoint on legislation for establishments.  This viewpoint is supported by an investigation
which demonstrates that the environmental licence is deemed too harsh an instrument forcertain industrial activities with a more limited, invariably local form of environmental
pollution. The burden to both companies and government is disproportionate in these cases.
It has been established that, on the basis of Article 8.40 of the Environmental Management
Act, general environmental rules are an effective instrument and that  many more
establishments could be brought under these rules than is now the case.  Moreover, with this
decree, the urgent request on the part of the target group to provide general rules has been
met.
8. Relevant documents:  Chapter 8, title 8.2 of the Environmental Management ActG/TBT/Notif.98.364
Page 2
9. Proposed date of adoption:
Proposed date of entry into force: } 1 December 1998
10. Final date for comments:  28 September 1998
11. Texts available from:  National enquiry point [X] or address, e-mail and telefax number of
the other body: