. /.WORLD TRADE
ORGANIZATIONG/TBT/Notif.99/608
10 December 1999
(99-5403)
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 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
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):   Timber treated
(preserved) with creosote
5. Title, number of pages and language(s) of the notified document:   Regulation Laying
down Rules on Creosoted Timber (Regulation on Creosoted Timber under the Act on
Substances Harmful to the Environment) (Dutch Designation:  Wms)
6. Description of content:   The Regulation aims to ban the import of, trade in and use of
creosoted timber for applications in which such timber may come into contact with surface
water, ground water or the ground.  The import of, trade in and use of creosoted timber will
only remain permitted for the following applications:
(a) Use outdoors not in direct contact with the ground or water;
(b) use in the agricultural sector, provided it is not included for being processed in
spaces for keeping cattle and poultry and in establishments for storing foods and
feeds and with the exception of timber in direct contact with the ground or water;
(c) use as railway sleepers.
The Regulation supplements the decision taken by the Pesticides Permission Board (Dutch
designation:  CTB) on the basis of the Pesticides Act 1962.  However, the scope of thePesticides Act 1962 is limited to the placing of pesticides on the market and use in the
Netherlands.  The Pesticides does not provide for the import of products which have been
treated with pesticides (in this case the import of creosoted timber).  Additional legislation
is required for this.
7. Objective and rationale, including the na ture of urgent problems where applicable:
The requirements are given to ban the import of creosoted timber in the Netherlands, in case
the timber is intended for use in hydraulic engineering and in direct contact withgroundwater or soil and used with this purpose.  Indeed, on the basis of risk assessments,
the CTB has concluded that as a result of using creosoted timber in these applications, theG/TBT/Notif.99/608
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effects on the environment are unacceptable.  The CTB decision is based on Directive no.
98/8/EG.  The Regulations stops the pollution of surface and ground water and (water) soil
in the Netherlands from creosoted timber.
8. Relevant documents:
(a) Act dangerous substances to the environment (Article 24)
(b) Act dangerous substances to the environment (Article 31)
(c) See the notification by the CTB of its decision on 9 June 1999 in accordance with 
Article 18 of the Biocides Directive (Directive No. 98/8/EC).
9. Proposed date of adoption:
Proposed date of entry into force: }1 January 2000
10. Final date for comments:   28 December 1999
11. Texts available from:  National enquiry point [ X] or address, e-mail and telefax
number of the other body:           