NETHERLANDS: COATING HARMFUL TO THE ENVIRONMENT The following notification is being circulated in accordance with Article 10.6. G/TBT/Notif. 95.102. 1. Member to Agreement notifying: 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. 3. Notified under Article 2.9.2. 4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition where applicable): Coatings containing PAHs i.e. one-component coatings such as coal tar, black varnish and vinyl tar, two-component coatings such as polyurethane tar and tar epoxies. 5. Title and number of pages of the notified document: Draft Order on Coatings Containing Polycyclical Aromatic Hydrocarbons (PAH) - Act on Substances Harmful to the Environment (13 pages). 6. Description of content: The draft prohibits the availability, application or provision to third parties of coatings containing PAHs in levels which exceed a certain level of concentration commencing 1 July 1997. This prohibition does not apply to coatings intended for export, to the use of tar epoxies on sea-going vessels, landing strips of military airbases or to anything intended for export. As of 1 October 1996, the availability or provision to third parties of coatings containing PAHs in packaging which exceeds 25 litres shall be prohibited. The draft order does not apply to coal tar mines, as specified in the 14th amendment to Directive 76/769/EEC. 7. Objective and rationale: The draft order falls under the scope of the Dutch policy which aims to reduce the level of PAHs by 90 per cent by the year 2000 (policy point on polycyclical aromatic hydrocarbons in the environment). PAHs are harmful to man and the environment. PAHs encompass various toxic, carcinogenic, persistent and/or bio-accumulating substances. Coatings containing PAHs greatly contribute to the pollution by PAH of surface waters, and especially the PAH accumulation in water bottoms. The latter exceeds the maximum permitted risk locally in the Netherlands. Extensive reductions in the emission of PAHs is vital to meet the environmental quality requirements. 8. Relevant documents: (a) Policy on polycyclical aromatic hydrocarbons in the environment. (b) Environmental Hazardous Substances Act. 9. Proposed date of adoption and entry into force: 1 October 1996. 10. Final date for comments: 31 May 1995. (129)

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