. /.WORLD TRADE
ORGANIZATIONG/TBT/Notif.99.536
20 October 1999
(99-4540)
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 Health, Welfare and Sports
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):   Foods and drinks
prepared without gene technology, in other words foods and drinks not being a foodstuff or
food ingredient as referred to in article 1, para. 2 (a to c) of (EC) Regulation 258/97
5. Title, number of pages and language(s) of the notified document:   Draft Decree
Amending the Commodities Act Decree on Novel Foods.
6. Description of content:   The purport of the draft decree is to regulate the circumstances
under which voluntary designation "prepared without gene technology" can be used, for
foodstuffs which are not genetically modified.  According to the draft, this designation may
only be used for foods and drinks which:
(a) Do not consist of or are derived from genetically modified organisms;
(b) are not prepared by means of substances which:
- consist of or are derived from genetically modified organisms; or
- are made using technical process additives obtained from genetically
modified organisms;  and
(c) do not originate from animals which:
- are given genetically modified animal feed or animal feed which contains
genetically modified additives; or
- have been administered drugs which are produced using modern biotechnology,
unless comparable drugs with the same effects are not available;  and
which do not contain traces of genetically modified desoxyribosenucleic acid
(DNA), unless this is unintentional and unavoidable.
Finally, it is pointed out that the draft decree does not contravene (EC) Regulation 258/97
(OJ 1997, L 43), and is expressly deemed permissible in consideration 20 of
(EC) Regulation 1139/98 (OJ 1998, L 159).G/TBT/Notif.99.536
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7. Objective and rationale, including the na ture of urgent problems where applicable:
The Lower Chamber, the Dutch Chamber of Representatives, has noted that it wants to
provide for a guaranteed segment of the market in which foods and drinks have not been in
contact with genetic modification.  Organiza tions and consumers, too, have welcomed this
proposal.  In order to make this possible, it must be clear for which foods the designation
"prepared without gene technology" can be used.  In this way, the consumer can be
informed effectively without being given any misleading information.
8. Relevant documents:   Commodities Act Decree on Novel Foods, (EC) Regulation 258/97
and (EC) Regulation 1139/98.
9. Proposed date of adoption:  10 October 1999
Proposed date of entry into force:  10 November 1999          
10. Final date for comments:   9 October 1999
11. Texts available from:  National enquiry point [ X] or address, e-mail and telefax
number of the other body: