WORLD TRADE
ORGANIZATIONG/TBT/Notif.00/272
8 June 2000
(00-2291)
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 Social Affairs and Employment
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 applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):   Printing inks as referred
to in Article 4.41c, para. 3, and Article 4.41e, para. 3 of the draft regulation that contain a
maximum content of volatile organic substances laid down in this article; varnishes and
adhesive agents as referred to in Article 4.41e, para. 3 of the draft regulation that contain a
maximum content of volatile organic substances laid down in this article;
Cleaning agents as referred to in Article 4.41b, paras. 3 and 4, Article 4.41c, para. 2,
Article 4.41d, para. 2, Article 4.41e, para. 3, Article 4.41f, para. 4, of the draft regulation
that have a minimum flash point laid down in this article, or a maximum content ofhalogenated hydrocarbons or monoaromatic compounds, or a maximum content of volatile
organic substances; fountain solution as referred to in Article 4.41b, para. 2 of the draft
regulation that contains a maximum content laid down by this article of isopropylalcohol, or
that contains other monoalcohols;Products other than cleaning agents that are used in the
repair of damaged varnish or the replacement of varnish layers on the parts of motorvehicles as referred to in Article 4.41f, para. 4 of the draft regulation and that have a
maximum content of volatile organic substances laid down by this article.
5. Title, number of pages and language(s) of the notified document:   Regulation of the
State Secretary for Social Affairs and Employment, J.F. Hoogervorst, of ... ,
no. ARBO/AMIL/0016906 amending the Workin g Conditions Regulation concerning
Activities using Volatile Organic Substances.
6. Description of content:   The draft regulation in question serves to implement working
conditions whereby the products used during these activities that have (a high content) of
volatile organic substances, must be replaced by harmless or less harmful products. Thisregulation also lists the replacement products referred to. The stipulation of working
conditions affects offset printing, silk-screen printing, the etching of illustrations, the
etching of packaging, flexography printing and the repair of damaged varnish or the
replacement of varnish layers on the parts of motor vehicles, including the pre-treatments
that precede these activities. This draft regulation is based on Article 4.62b of the WorkingConditions Decree. (This Decree has been included as an annex.) A definition of volatile
organic substances is given in Article 4.62a of this Decree. On the basis of the above-
mentioned Article 4.62b the obligation to replace volatile organic substances or products
with a high content of these substances with harmless or less harmful substances or
products, applies to activities stipulated by ministerial regulation in which these productsare used.G/TBT/Notif.00/272
Page 2
7. Objective and rationale, including the na ture of urgent problems where applicable:
The interests of protecting the health of the workers involved in the activities indicated
serve to justify the draft regulation.  Exposure to volatile organic substances can indeed lead
to serious medical complaints, including chronic toxic cephalopathy also known as organic
psychosyndrome (OPS).  The activities indicated here concern a high exposure to volatileorganic substances, which is apparent from investigations carried out in the relevant sectors.
In many of the working situations concerned it appears in practice to be impossible or
scarcely possible to lay down structural measures for source materials for controlling
exposure, other than replacement the affected substances or products.  In view of the
seriousness and the extent of the OPS problem (there are 100 to 200 cases every year in the
Netherlands), the replacement of harmful products with products stipulated by the
authorities that are harmless or less harmful, is regarded as a suitable solution for effectivelyprotecting the above-mentioned interests in such working situations that entail a high risk of
OPS.  No distinction is made here between Dutch products and imported products, so that
the regulation does not have a discriminatory effect, and is considered to be in harmony
with Articles 28-30 of the EC Treaty concerning the free movement of goods.  In order that
no confusion should arise, a provision concer ning the mutual recognition of non-Dutch
products has been included in Article 4.41g.
Relevant details about the preparation and the product that are due to be replaced.  The
products that need to be replaced on the basis of this draft regulation, concerns a group of
products that have such a high concentration of volatile organic substances, or that are so
volatile that they, in combination with the na ture of the working situation and the method of
applying the products concerned, can lead to serious health risks in the form of OPS.  This
concerns printing inks, varnishes and adhesive agents that are used in the various printing
techniques, and car repair products (including the products used in the pre-treatment phase
of repairing damage to cars).  All of these products contain high concentrations of Volatile
organic substances. In addition this concerns cleaning agents whose low flash point causesthem to be very volatile, and which also contain halogenated hydrocarbons or
monoaromatic compounds;  as well as fountain solution used in offsetting, whose volume is
constituted by more than 8 or 10 per cent of isopropylalcohol or other monoalcohols.
Relevant details about the replacement preparation or product.  The replacement printing
inks, varnishes, adhesive agents for the tech nique used in the etching of packaging and
flexography printing contain no more than 50 grams of volatile organic substances per kiloof the product. In the case of the technique for silk-screen printing, the replacement ink
contains no more than 150 grams of volatile organic substances per kilo.  The varnishes
used for repairs (including the pre-treatment products) applied in activities for repairing
damage to cars have a maximum content of volatile organic substances that varies from
150 to 850 grams per litre, depending on the type of product (the precise quantities are listedin annex VIIIA of the draft regulation).  Extensive reasons are given in the explanatory note
to the amendment of the Working Conditions Re gulation concerning activities using volatile
organic substances, with regard to gluing and painting activities (the text is included), for
choosing replacement products whose content of volatile organic substance is as low as
possible, as a means of protecting workers fr om Organic Psychosyndrome.  The explanatory
notes also give details of the health risks of the replacement products, and of the employer's
responsibility in this area.  These arguments are also valid in the context of this draft
regulation. For the sake of being brief, the relevant explanatory notes are referred to here.
The replacement cleaning agents have a flash point that is as low as possible, so that the
volatility of these products is as low as possible.  This results in the concentration of volatileorganic substances in the air that the workers inhale being as low as possible, with the same
being true of the health risks.
With respect to the replacement cleaning agents the further condition is made in the draft
regulation that they may contain a maximum of 0.1 percentage by volume of halogenatedG/TBT/Notif.00/272
Page 3
hydrocarbons or monoaromatic compounds.  This supplementary requirement is the result
of an administrative agreement that has alre ady been in existence for years between the
graphical sector and the Ministry of Public Housing, Spatial Planning and the Environment
[Dutch designation: VROM] in the context of the reduction of the emission of
hydrocarbons.  This supplementation has been included in the draft regulation in question inorder to be in harmony as much as possible with this administrative agreement.
Incidentally, this applies just as much to the other replacement products for the graphical
sector that have been listed in the draft regulation.
The replacement products used in the damage repair companies are in harmony with the
requirements laid down in the draft order in council of the Ministry of VROM "Decree on
installations for motor vehicles - environmental control" that was submitted to theCommission for the purposes of notification on 12 June 1998.  At that time this notification
did not cause the Commission or the Member St ates to formulate questions or comments.
Incidentally, it should still be noted finally that relevant details about the products to be
replaced and about the obtainable replacement products are not available, in view of thediversity of both types of products1.  Supplying a risk analysis as stated in this fourth
subparagraph is not appropriate in this case.
The expected consequences of the measures for public health (or the protection of the
consumer and the environment).
The effect on public health is the reduction in the number of new cases of OPS in the
affected professional groups.
As far as the effects on the environment are concerned, it is expected that the emission of
volatile organic substances in the graphical sector and the car repair sector will decreasesubstantially in the coming years as a result of the use (and therefore the production) of
inks, varnishes for repairing damage to cars, and cleaning agents that contain fewer volatile
organic substances.
8. Relevant documents:
- Decree of 15 February 1999 amending the Working Conditions Decree concerning the
obligation to replace volatile organic substances (Bulletin of Acts and Decrees 105).
- Amendment of the Working Conditions Regulation concerning activities using volatile
organic compounds (Official Gazette 1999, 245) – see earlier Notification
G/TBT/Notif.99.325
- Administrative measures for volatile organic substances: the graphical industry, 
VUGA Publishing House, the Hague, July 1998.
- Administrative measures in car repair businesses, VUGA2 Publishing House, The
Hague, April 1998
- Working conditions and OPS in silk-screen printing - Chemical shop UVA3,
Amsterdam February 2000.
9. Proposed date of adoption:
Proposed date of entry into force: }a.s.a.p. after 20 July 2000
10. Final date for comments:   20 July 2000
11. Texts available from:  National enquiry point [ X] or address, e-mail and telefax
number of the other body:           