. /.WORLD TRADE
ORGANIZATIONG/TBT/N/NLD/43
10 April 2002
(02-1932)
Committee on Technical Barriers to Trade Original:  English
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 Housing, Spatial Planning and the Environment
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):   Chlorofluorocarbons,
other fully halogenated chlorofluorocarbons, halons, methyl bromide, tetrachlorocarbon,
1,1,1-trichloroethane, bromofluorocarbons and chlorofluorocarbons and also products and
equipment containing these substances.
5. Title, number of pages and language(s) of the notified document:   Decree laying down
new rules concerning substances that deplete the ozone layer (Decree on ozone layer-
depleting substances pursuant to the Act concerning substances dangerous to the
environment 2002).
6. Description of content:   The Decree serves in fact to replace the applicable Decree on
substances that impair the ozone layer 1995.  The latter Decree needs to be revised in
connection with Regulation (EC) No 2037/2000.  The Decree therefore provides, in
accordance with Regulation (EC) No 2037/2000, for regulations relating to the phasing out
of ozone layer-depleting substances and also for being able, under that Decree, to issue
requirements relating to the prevention of leaks and the training level for persons whohandle ozone layer-depleting substances.
With regard to the phasing out of methyl bromide, use is made of the scope afforded by
Article 176 of the EC Treaty, namely to lay down more stringent protective measures than
the Regulation does. The Decree specifies in Article 2, paragraph 4 that the production of
methyl bromide is prohibited from the date of entry into force of the Decree. This istherefore the reason for this notification.
7. Objective and rationale, including the na ture of urgent problems where applicable:   In
the draft Regulation, the European Commission assumed a stoppage of the production of
methyl bromide (particularly as a soil disinfectant) with effect from 1 January 2001, with
exceptions for critical applications. Eventually, 1 January 2005 was specified as the date in
the Regulation. However, the Netherlands had already agreed to a stoppage in 2001.  TheG/TBT/N/NLD/43
Page 2
use of methyl bromide as soil disinfectant in the Netherlands had already ended as of
1 January 1992 in accordance with a decision to this effect that has been taken pursuant to
the Pesticides Act 1962. The interested parties within the Netherlands have agreed to the
measures set out in the Decree with regard to methyl bromide.  The ban on the production
of methyl bromide as provided for in Article 2, paragraph 4 comes into effect with the entryinto force of this Decree.
This regulation is compatible with the principle of the free movement of goods as it applies
to the production of methyl bromide, without distinction according to country of origin,
serves the interest of environmental protection (in this case, the ozone layer) and is
necessary in the light of this objective. Only a ban can continue this situation. Agreements
with the sector were only feasible if the production of methyl bromide were to beprohibited.
In addition, adequate alternatives to methyl bromide are available, which are already being
used. This objective cannot be achieved in a manner that constitutes less of a barrier to
trade. A licensing system is insufficiently effective, just as information is.  These measureswould probably lead to damage to the environment and thus to a deterioration in the
environment in the Netherlands.  Here, too, the argument applies that the agreements with
the sector would only be feasible if the production of methyl bromide were to be prohibited.
In common with Regulation (EC) No 2037/2000, the Decree does not contain any
regulations concerning mutual recognition as it concerns a complete ban.  The difference
between the two is that, in the Netherlands, that ban came into effect several years earlier.
8. Relevant documents:
- Article 24 of the Environmentally Hazardous Substances Act
- Decree on substances that impair the ozone layer 1995
9. Proposed date of adoption:  1 September 2002
Proposed date of entry into force:  1 October 2002
10. Final date for comments:   29 May 2002
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: