. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/NLD/81 
25 April 2008 
 (08-1979) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated 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 langu age(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 monitori ng 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 ove r to the Marketing Board. 
 Marketing Board members that do not partic ipate 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 me mbers 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 othe r Member States shall, pursuant to Directive 
96/23/EC, be considered to have been t ested 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 substa nces 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 presen ce of critical substances in veal and calves 
is necessary for the adequate protection of pub lic 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 Boar d 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 th e present Order, is intended to increase the 
level at which critical substances are monitore d 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 ever yone by law. Given that an autonomous 
Marketing Board Order, contrary to private-la w 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 th an 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 implemen tation 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:   }24 September 2008 
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/