. /.WORLD TRADE
ORGANIZATIONG/TBT/Notif.00/433
18 September 2000
(00-3669)
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 Agriculture, Nature Management and Fisheries
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):   Nitrogenous fertiliser as
referred to in Annex B of the draft decree
5. Title, number of pages and language(s) of the notified document:   Draft Decree
Amending the Decree on the Use of Animal Fertilisers 1998 and the Decree on the Quality
and Use of Other Organic Fertilisers
6. Description of content:
The draft decree adds a number of provisions to the Decree on the use of animal fertilisers
1998 in respect of the introduction of nitrogenous fertiliser into the soil or its applicationthereto. The official title of the Decree on the use of animal fertilisers 1998 will be altered
to Decree on the use of fertilisers, hereinafter referred to as Bgm.
1. It is prohibited to use nitrogenous fertiliser if the soil is wholly or partly frozen or
wholly or partly covered with snow (article I, subsection E, in respect of article 3 Bgm).
2. It is prohibited to use nitrogenous fertiliser if the uppermost layer of soil is saturatedwith water (article I, subsection E, in respect of article 3a Bgm).3. It is prohibited to use nitrogenous fertiliser during irrigation activities in the period
from 1 September up to and including 31 January (article I, subsection E, in respect of
article 3b Bgm).4. It is prohibited to use nitrogenous fertiliser on arable land, fallow land or
non-cultivated land, or on grassland (article I, subsection G, in respect of article 4a, first
paragraph, Bgm ).  An exception is made in the case of arable land, fallow land ornon-cultivated land that is situated outside the areas indicated on the charts in Appendix I to
the relevant decree (article I, subsection G, in respect of article 4a, second paragraph, Bgm).
The areas indicated on these charts are the sandy soils in the east and south of theNetherlands.  A second exception is made in these areas for land used to cultivate
cauliflowers, Brussels sprouts, lettuce, spinach or flower bulbs, or which is used exclusively
for fruit farming (article I, subsection G, in respect of article 4a, third paragraph, Bgm).G/TBT/Notif.00/433
Page 2
A third exception is made for the use of urea in fruit farming up to and including
15 November (article I, subsection G, in respect of article 4a, fourth paragraph, Bgm).
5. It is prohibited to apply nitrogenous fertiliser using any other method than by
spreading it as evenly as possible over the plot of land on which the fertilisers are used(article I, subsection I, in respect of article 6 Bgm).
6. It is prohibited to use nitrogenous fertiliser on land which has a gradient of 7 or
more, if the land is affected by gully erosion (article I, subsection K, in respect of article 6aBgm).
7. It is prohibited to use nitrogenous fertiliser on non-cultivated land with a gradient of
7 or more (article I, subsection K, in respect of article 6c Bgm).8. It is prohibited to use nitrogenous fertiliser on arable land or fallow land with a
gradient of 18 or more (article I, subsection K, in respect of article 6d Bgm).
7. Objective and rationale, including the na ture of urgent problems where applicable:
Pursuant to article 5, fourth paragraph of Di rective no. 91/676/EEC, under Annex III to this
directive, the Member States are under an obligation to institute measures in respect of the
periods in which it is prohibited to introduce certain fertilisers into the soil or apply themthereto, and in respect of restrictions on the introduction of fertilisers into the soil and their
application thereto, taking into account the soil condition, type of land and gradient of the
slopes, climatic conditions, precipitation and irrigation.  The present decree serves toimplement this directive in respect of these aspects.
8. Relevant documents:   Decree on the use of animal fertilisers 1998
9. Proposed date of adoption:  23 November 2000
Proposed date of entry into force:  24 November 2000
10. Final date for comments:   22 November 2000
11. Texts available from:  National enquiry point [ X] or address, e-mail and telefax
number of the other body: