./.WORLD TRADE
ORGANIZATIONG/TBT/Notif.98.643
23 December 1998
(98-5190)
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 Transport, Public Works and Water Management
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 [    ], 2.10.1 [ X ], 5.6.2 [    ], 5.7.1 [   ], other:           
4. Products covered (HS or CCCN where applicab le, otherwise national tariff heading.  ICS
numbers may be provided in addition, where applicable):  Facilities by means of which the
telecommunication established by means of wire-tapping is passed on by the provider of a
public telecommunications network or public telecommunications service to the competent
authority which has issued the special assignment for wire-tapping or to the bodies working
under its competence.
5. Title, number of pages and language(s) of the notified document:  Regulation of the State
Secretary for Transport, Public Works and Water Management of ..., No. HDTP/98/.../JdJ,
Implementing Articles 2(b) and 4, of the Decree on the Wire-Tapping of Public
Telecommunications Networks and Services (Interim Regulation on the Wire-Tapping ofPublic Telecommunications Networks and Services)
6. Description of content: The draft Regulation contains further rules implementing
Articles 2(b), 3 and 4 of the Decree on Wire -Tapping Public Telecommunications Networks
and Services.  In accordance with Article 3 of the said Decree, the facilities by means of
which the telecommunication established by means of a wire-tap is passed on by the service
provider shall be in line with the protocol to be laid down by Ministerial Regulation. In the
draft Regulation, it is laid down - temporarily - that the relevant technical protocol is the
technical protocol which is currently in use at the relevant authority which has issued the
special assignment for wire-tapping or the bodies working under its competence. In theopinion of the Dutch Government, Article 8 of  the draft Regulation on wire-tapping public
telecommunications networks and services probably contains a technical regulation within
the meaning of the Agreement to Technical Barriers to Trade.
7. Objective and rationale, including the nature of urgent problems where applicable:  The new
Telecommunications Act provides for the obligation of providers of public
telecommunications networks and services to ensure that their networks and services can be
wire-tapped.  To execute this obligation sensibly, it has to be specified in what way thewire-tapped telecommunication is to travel to the authority which has issued the assignment
for wire-tapping.  This must be laid down in a technical protocol which contains bothG/TBT/Notif.98.643
Page 2
7. Objective and rationale, including the nature of urgent problems where applicable (cont'd):
procedures and regulations for the equipment used in this respect.  Providers of the service
shall comply with this protocol, which is curren tly in use by the competent authorities.  The
interests of public safety justify laying down this Regulation. This Regulation is in line with
Section 3.2 of the Appendix to the Resolution of the Council of the European Union of17 January 1995 concerning the legal interception of telecommunications traffic (OJ C 329).
The agreement mentioned in this section has been achieved. The protocol is
available to the relevant service provider.  The Regulation is temporary in nature because a
final protocol cannot be laid down at this stage.  With the draft Temporary Regulation on
the wire-tapping of public telecommunications networks and services, the Dutch
Government is hoping to prevent the duties  included in the current telecommunications
legislation lapsing as a result of the coming into force of the new Telecommunications Act,whilst the new protocol for all providers of public telecommunications networks and
services and all competent authorities is still in preparation.  The Dutch Government is of
the opinion that public safety requires that such a Regulation is not affected by any
discontinuity as long as a final regulation has not been drafted. It could not be foreseen that
a final regulation would not be finished on time. The urgency stemmed from the fact thatthe new telecommunications legislation should enter into effect by no later than
15 December 1998.  Delaying the enactment of the Regulation leads to a lack of continuity,
as referred to above.  In that case, crime control and public safety could be seriously
jeopardized.
8. Relevant documents:  To assess the draft Interim Regulation on the wire-tapping of public
telecommunications networks and services, the following enclosed texts are significant:
Articles 1.1 and 13.1 to 13.8 of the Telecommunications Act and Articles 1 to 6 of theDecree on the wire-tapping of public telecommunications networks and services.
9. Proposed date of adoption:
Proposed date of entry into force: } 15 December 1998
10. Final date for comments:  -
11. Texts available from:  National enquiry point [ X ] or address, e-mail and telefax number of
the other body:           