WORLD TRADE
ORGANIZATIONG/TBT/Notif.98.262
27 May 1998
(98-2181)
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 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 appl icable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):  The draft regulation contains 
rules regarding the application of mechanical devices by staff in penitentiaries.
5. Title, number of pages and language(s) of the notified document:  Regulation on
Mechanical Devices in Penitentiaries
6. Description of content:  Article 33 of the Penitentiary Principles Act (Dutch abbreviation:
PBW) gives governors the authority, in certain cases, to restrict a detained person in theirfreedom of movement by employing mechanical devices.  Article 33 PBW prescribes
conditions for the cases in which governors may use this authority. The use of mechanical
devices is for the detained person a very drastic measure, which really should be regarded as
a last resort. This then justifies the fact that further rules are drafted for the application and
use of mechanical devices within the meaning of Article 33 PBW.  Article 2 and theappendix and Article 4 of the regulation may be seen as technical regulations.  The type
approval included under 7 in the appendix refers to the Police Arms Regulation.  The
present regulation is in line with this. n is in line with this.
7. Objective and rationale, including the nature of urgent problems where applicable:  See
under point 6. The regulations for use in the present regulation are based on safety
considerations and the protection of human life and health.
8. Relevant documents:  Penitentiary Principles Act.
9. Proposed date of adoption: 2 July 1998
Proposed date of entry into force: 3 July 1998
10. Final date for comments:  1 July 1998
11. Texts available from:  National enquiry point [X] or address, e-mail and telefax number of
other body: