Vol. VII., No. 1, 2.

1912

Bulletin

OF THE

INTERNATIONAL LABOUR OFFICE

[NOTE.-The German, French, and English editions of the Bulletin are referred to as G.B., F.B., and E.B. respectively.]

International Labour Legislation

1. Rundschreiben des schweizerischen Bundesrats zum internationalen Uebereinkommen betreffend das Verbot der Verwendung weissen (gelben) Phosphors in der Zundholzindustrie. (Vom 17. Juli, 1911.)

Circular of the Swiss Federal Council on the International Convention* respecting the prohibition of the use of white (yellow) phosphorus in the manufacture of matches. (Dated 17th July, 1911.)

In a diplomatic communication of 11th July, 1911, the British Embassy in Berne, at the request of the Secretary for Foreign Affairs, informs the Swiss Federation that in England, up to that time, the importation of samples of matches made with white phosphorus is forbidden, as being an infringement of the International Convention relating to the prohibition of the use of white (yellow) phosphorus in the match industry, of 26th September, 1906.*

From a correspondence exchanged between the British and German Governments, it appears that the latter is of opinion that §1 of the Convention relating to the importation of the said samples cannot be enforced.

As the British Government regards this point as of sufficient importance for communication to the signatories of the Convention, the Swiss Federation has the honour to announce the wish of the British Government to the Governments of those States which signed the International Convention-or have declared their adherence to it-relating to the prohibition of phosphorus. It takes the liberty, at the same time, of expressing its view that the questions of the principles of the Convention should apply to the importation of such samples, inasmuch as in §1 the importation of matches containing white (yellow) phosphorus is forbidden altogether and without restrictions.

The Swiss Federation would thank the respective Governments for an early intimation of their opinion respecting the question raised. Rundschreiben des schweizerischen Bundesrats zum internationalen Ubereinkommen betreffend das Verbot der Verwendung weissen (gelben) Phosphors in der Zündholzindustrie. (Vom 20. Dezember 1911.) (Schweizerisches Bundlesblatt 1912, I., 238.)

Notification of the Swiss Federal Council on the International Convention respecting the prohibition of the use of white (yellow) phosphorus in the manufacture of matches.* (Dated 20th December, 1911.)

Text E.B. 1., p. 275.

271569

The following Notification has been addressed to the Governments on whose behalf the International Convention has been signed respecting the prohibition of the use of white (yellow) phosphorus in the manufacture of matches, viz. Germany, Denmark, France, Great Britain, Italy, Luxemburg, The Netherlands, and Spain :

At the request of the British Government, in our circular letter of 17th July, we requested the Governments of the States on whose behalf the International Convention, dated the 26th September, 1906, concerning the prohibition of white phosphorus in the manufacture of matches, has been signed, to state their opinion on the question as to whether or not the importation of sample matches containing white phosphorus would constitute a contravention of the said International Convention.

The British Government on its part have answered the question in the affirmative, and we have expressed ourselves in similar terms in the Notification dated 17th July, 1911.

We have now the honour of submitting to you the various answers received in reply to the aforesaid question.

ITALY.—The Government is of opinion that the said International Convention also refers to the importation of sample matches containing white phosphorus, and that for this reason, the importation of such matches shall generally, and without any reservation whatsoever, be considered prohibited.

GERMAN EMPIRE.—The Government considers that the importation of sample matches containing white phosphorus does not come within the province of the prohibition of importing matches containing white phosphorus stated in Article I. of the said International Convention. Their opinion is based on the consideration that it would be quite in conformity with the spirit of the said International Convention to apply the prohibition only to the importation of matches containing white phosphorus for the purpose of industrial use, within the borders of Germany (inland), as a prohibition of this nature only would secure the protection of workers employed in the country. Similarly, the prohibition respecting the importation of phosphorus matches. and fuses contained in the Imperial Act dated 10th May, 1902, should only be applied to importations for the purpose of industrial use, and it is only from this point of view that the German Government signified its adhesion to the International Convention. (Dated 24th August.)

DENMARK.-It is the opinion of the Government that Article I. covers also the importation of sample matches containing white phosphorus. (Dated 30th August.)

THE NETHERLANDS.-The Government considers that the importation of matches containing white phosphorus does not constitute a contravention of Article I. of the International Convention. If the said importation takes place in such quantities which cannot be regarded as coming under the head of commercial or general purposes, as, for instance, in cases where a traveller coming from abroad brings with him a box of matches containing white phosphorus, intended for his own personal use this also applies to the importation of sample matches containing white phosphorus, provided very small quantities only are under consideration.

FRANCE.—The Minister of Foreign Affairs is of opinion, in conformity with the opinion of the Minister of Public Works and the Minister of Finance, that Article I. of the said International Convention prohibits the importation

of the aforementioned products in whatever quantities in question, 1.g., irresspective as to whether it is a question of samples or of whole consignments. As a matter of fact, the prohibition of the French tariff legislation applies to matches of all kinds and in whatever form they may be submitted, if they are imported for the use of private individuals. (Dated 31st August.)

LUXEMBURG.-In consideration of the close economic relations between the Grand Duchy and the German Empire, which are mutually bound by the agreements of the Tariff Union, the said two States have considered it desirable to decree uniform Acts in regard to the object under consideration. In these circumstances, the Government associates itself with the opinion expressed by the German Government. (Dated 16th November.)

SPAIN.-Article I. of the said International Convention prohibits, generally and without any reservation whatever, the importation into and the sale in the signatory States of matches containing white phosphorus, and no exception whatever can be made in regard to samples of these articles and trade connected therewith.

Further, in consideration that

The intentions and main purposes expressed in the aforesaid International Convention consist in absolutely avoiding the dangers to which the health of workers is exposed, arising out of processes indissolubly connected with the manufacture of matches containing white phosphorus ;

That the importation of the said white phosphorus matches would be the logical consequence of their manufacture in those countries where they originate, and that the suppression of the said manufacture is aimed at by the International Convention;

That this importation, which presupposes a previous manufacture, can have no other purpose but that of sale in the country into which they have been imported, and where the manufacture has been prohibited by virtue of the said International Convention, the result would be to encourage the sale, which would be equivalent to an actual privilege granted to those States from which the said samples have emanated;

That, in addition, whilst on the one hand, the importation into Spain of matches of any kind is prohibited, both those containing white phosphorus, as well as their substitutes, on account of the monopoly held by the State for the manufacture and sale of productions of this kind, and for this reason alone, could not, on any account, be introduced into its territory, unless it be at the request of the Government and for Government purposes: it is necessary also to consider that the interpretation of the question arrived at by the British Government is of a general character for all the signatory States concerned, irrespective as to whether the phosphorus industry is free or monopolised ;

and finally, that the complete carrying out of Article I. of the said International Convention does not become obligatory until three years after its ratification, as far as the signatory Powers are concerned, and, as far as the States are concerned which have associated themselves with it, to which Spain must be added, not until five years, according to Article V., after the notification of the said adhesion, which time limit, in the case of Spain, will terminate on the 28th of October, 1914;

The Government is of opinion that—

(1) the prohibition of the importation of any kind of matches containing white phosphorus contained in Article I. of the International Convention extends to samples, and applies to private individuals as well as to the State;

(2) that the prohibition respecting the samples in question is not binding during the whole period of the time limit granted to each signatory State, prior to the said International Convention coming into operation.

We must consider the foregoing statement as a complete answer of the request addressed to us. In addition, however, we should like to add that we cannot conceive the object of sending samples of matches containing white (yellow) phosphorus to any of the signatory States, on account of the prohibition of sale to which the said productions will be subjected, as soon as the said International Convention comes into operation.