WORLD TRADE
ORGANIZATIONG/TBT/N/NLD/9
13 March 2001
(01-1219)
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 for Social Affairs and Employment
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:           
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):   Parquet floor oil, parquet
floor wax and parquet floor impregnating agents as cited in the sixth paragraph of
Article 4.32a of the draft regulation that contain one of the volatile organic substances cited
in this article.  (Paint) products used in restoration paint work, imitation paint work and in
treating glazing putty prior to the application of water-based paint products as cited in the
second paragraph of Article 4.32a, d to f inclusive.
5. Title, number of pages and language(s) of the notified document:   Regulation from the
State Secretary for Social Affairs and Employment, J.F. Hoogervorst, of ... ,
No. ARBO/AMIL/... Amending th e Working Conditions Regulation on Activities Involving
Contact with Volatile Organic Substances.
6. Description of content:   On the one hand, the current draft regulation serves to extend the
existing Working Conditions Regulation on activities involving volatile organic substances
(Official Gazette 1999, no. 145, most recently amended in Official Gazette 2000, no. 171),
to include activities involving parquet floor oil, parquet floor wax and parquet floor
impregnating agents. On the other hand, a number of activities from that same regulationare excluded, because it has transpired that no replacement products are available as yet,
which comply with the requirements laid down in the regulation with regard to the
maximum content of volatile organic substances
7. Objective and rationale, including the na ture of urgent problems where applicable:   In
1999 (Official Gazette 1999, No. 145) an amendm ent to the Working Conditions Regulation
enabled the stating for the first time of activities in connection with which only products
with no more than a maximum amount of volatile organic substances could be used.  Thisregulation was implemented as part of the policy to prevent chronic toxic encephalopathy.
The regulation concerned painting and gluing activities carried out indoors.  In 2000,
following an amendment to the Working C onditions Regulation (Official Gazette 2000,
No. 171), activities carried out in the printing sector and car repair sector were added.
In line with the already existing Working Conditions Regulation on Activities InvolvingG/TBT/N/NLD/9
Page 2
Contact with Volatile Organic Substances, the second amendment to this regulation
currently lays down regulations concerning activities involving contact with parquet floor
oil, parquet floor wax and parquet floor impregnating agents that contain a high level of
volatile organic substances.  The products that under the present draft regulation need to be
replaced are those containing high levels of volatile organic substances that, when used,could cause a high level of exposure to volatile organic substances.  The substitute products
are simply products that contain no or very few volatile organic substances, i.e. a maximum
of 125 grams per litre and 100 grams per litre as of 1 January 2002.
The exceptions contained in the draft regulatio n concern activities with regard to which it
came to light after the entry into force of  the present Working Conditions Regulation on
Activities Involving Contact with Volatile Organic Substances that there were problems
with the implementation of th e latter, owing to the lack of good substitute products.
Information pursuant to the first paragraph, fourth subparagraph, of Article 8 of
Notification Directive 98/34/EEC Relevant info rmation on the preparation or product to be
replaced.  The products that under the present draft regulation need to be replaced concern a
group of products containing such a high concentration of volatile organic substances that,combined with the nature of the work situation and the manner in which the relevant
product is used, could cause serious health risks in the form of OPS.  These products are
parquet floor oil, parquet floor wax and parquet floor impregnating agents.
Relevant information on the substitute preparation or product:  The substitute parquet floor
oil, parquet floor wax and parquet floor impregnating agents contain less than 125 grams of
volatile organic substances per litre and, as of 1 January 2002, less than 100 grams of
volatile organic substances per litre.  In the explanatory memorandum to the amendment to
the Working Conditions Regulation on Activities Involving Contact with Volatile Organic
Substances with regard to painting and gluing activities (text attached), extensive details aregiven as to why substitute products with the lowest possible levels of volatile organic
substances were chosen as a method of prot ecting workers against the onset of Organic
Psychosyndrome.  This explanatory memorandum also goes into the aspect of the health
risks of the substitute products, and the responsibility of the employer on this point.  These
arguments are also valid in the context of the present draft  regulation.  For the sake of
brevity, reference is made here to the relevant explanatory memorandum.
Finally, it is noted again that, given the variety of both types of product, relevant
information on the products to be replaced as well as on the available substitute products
can be obtained.  The providing of a risk analysis as stated in the aforementioned fourth
subparagraph is not appropriate in this case.
The expected effects of the measures on public health (or the protection of the consumer
and the environment).
The effect on public health is a reduction in the number of new cases of OPS in the
occupational group in question.
As for the environmental consequences, the effects with regard to the emission of volatile
organic substances as a result of the production and use of the products in question
contribute to the European initiative to reduce the emission of volatile organic substances.
8. Relevant documents:
- Decree of 15 February 1999 Amending the Working Conditions Decree on the
Obligation to Replace Volatile Organic Substances (Bulletin of Acts and
Decrees 105).G/TBT/N/NLD/9
Page 3
- Amendment to the Working Conditions Regulation on Activities Involving contact
with Volatile Organic Substances (Official Gazette 1999, 245).
- Amendment to the Working Conditions Regulation on Activities Involving Contact
with Volatile Organic Substances (Official Gazette 2000,171).
9. Proposed date of adoption:  9 May 2001
Proposed date of entry into force:  10 May 2001
10. Final date for comments:   6 May 2001
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:           