WORLD TRADE
G/TBT/N/NLD/81
25 April 2008
ORGANIZATION
(08-1979)
Committee on Technical Barriers to Trade
Original: English
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1.
Member to Agreement notifying: NETHERLANDS
If applicable, name of local government involved (Articles 3.2 and 7.2):
2.
Agency responsible: Ministry of Agriculture, Nature and Food Quality
Name and address (including telephone and fax numbers, e-mail and web-site
addresses, if available) of 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): Calves, white veal, rosé
veal, other calf products
5.
Title, number of pages and language(s) of the notified document: Order on the
monitoring of critical substances in calves (Marketing Board for Livestock and Meat [Dutch
abbreviation: PVV] 2008 (14 pages, in English available).
6.
Description of content: The Order introduces a monitoring system whereby all Marketing
Board members shall be required to have their calves checked for prohibited substances. It
will be possible for this duty of monitoring to be complied with through participation in the
basic monitoring carried out by the Marketing Board for Livestock and Meat [Dutch
abbreviation: PVV] or through participation in a recognised (private-law) quality system.
Among the important conditions are that these systems be certified and that the results of
investigations
be
handed
over
to
the
Marketing
Board.
Marketing Board members that do not participate in certified quality systems – a limited
group, in actual fact – will be subject to the basic monitoring by the Marketing Board for
Livestock and Meat. These Marketing Board members shall be entered into a database. A
Board of Experts shall determine, on the basis of a risk analysis, the frequency of sampling
per sub-division and type of business. Samples shall be examined at a specially designated
laboratory. This laboratory shall be required to notify the results of the analysis to the
Marketing Board. The Order prohibits the supply or removal of calves that have not been
tested for critical substances. Calves from other Member States shall, pursuant to Directive
96/23/EC, be considered to have been tested sufficiently for critical substances.
The costs of registration and sampling shall be payable by those Marketing Board members
who are in the relevant category and who are not registered with a quality system. A levy
shall be instituted for this purpose.
. /.
G/TBT/N/NLD/81
Page 2
7.
Objective and rationale, including the nature of urgent problems where applicable:
Necessary
The Order on the monitoring of critical substances contains the duty to monitor the quality
of veal. The Marketing Board for Livestock and Meat considers that such intensive
monitoring for the purpose of avoiding the presence of critical substances in veal and calves
is necessary for the adequate protection of public health and for guaranteeing food safety.
For the purposes of public health, the national government shall implement, in addition to
the checks instigated by the Marketing Board for Livestock and Meat, national plan for
investigating the existence of prohibited substances, on the basis of Directive 96/23/EC.
Proportionate
The monitoring regulation, as laid down in the present Order, is intended to increase the
level at which critical substances are monitored to that under already existing private-law
quality systems, with voluntary participation, in the Netherlands. Because not all businesses
in the veal sector participate in a private-law quality system, compliance with the duty of
monitoring cannot, however, be required of everyone by law. Given that an autonomous
Marketing Board Order, contrary to private-law quality systems, is by definition binding on
all members of the sector and enforceable by disciplinary law, it will be possible for the
policy objectives to be met more effectively than in the present situation. The Marketing
Board Order is, in addition, a measure aimed at a specific sector. It therefore generates no
more legislative pressure than is strictly necessary for achieving the policy objective.
Non-discriminatory
In view of the Community determination of origin, calves from other Member States shall
be exempt from the present monitoring system. Calves or veal from other Member States
shall, on the basis of the relevant implementation measures pursuant to Directive 96/23/EC,
be considered to have been tested sufficiently for critical substances.
8.
Relevant documents: -
9.
Proposed date of adoption:
Proposed date of entry into force:
10.
Final date for comments: 20 June 2008
11.
Texts available from: National enquiry point [ X ] or address, telephone and fax
numbers, e-mail and web-site addresses, if available of the other body:

http://europa.eu.int/comm/enterprise/tbt/
24 September 2008