032.2007.00 1. ------IND-  2007 0293 NL- EN-  ------ 20070601 --- --- PROJET 
 
Order on quarantine facilities for live bivalve molluscs 2007 
 
Order of the Marketing Board for Fish of 29 Ma rch 2007 laying down more de tailed rules regarding 
the requirements for and recognition and constr uction of quarantine facilities to prevent the 
occurrence of dinoflagellates or dinocysts responsible  for the formation of foreign biotoxins, shellfish 
or fish diseases, viruses or other live organisms or larvae thereof ( Order on quarantine facilities for 
live bivalve molluscs 2007)   
 
The Council of the Marketing Board for Fish;   Having regard to:  
- Articles 93, 102 and 104 of the Industrial Organisation Act; 
- Articles 5 and 6 of the Decree establishing the Marketing Board for Fish and 
- Section 5.2 of the General Administrative Law Act; 
 Having consulted the Mussel Advisory Committee, th e Oyster Advisory Committee and the Shellfish 
Quality Working Group;  Hereby decrees:  
Article 1
 
 
 
1. For the purposes of this Order, and the provisi ons based thereon, the following definitions 
shall apply: 
a. Regulation (EC) 852/2004:   Regulation (EC) No 852/2004 of the European Parliament and of the 
Council of 29 April 2004 on the hygiene of foods tuffs (OJ L 139 and L 226, as later amended); 
b. Regulation (EC) 853/2004:  Regulation (EC) No 853/2004 of the European Parliament and of the 
Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139 and L 226, as later amended); 
c. Regulation (EC) 854/2004:  Regulation (EC) No 854/2004 of the European Parliament and of the 
Council of 29 April 2004 laying down specific rules fo r the organisation of official controls on 
products of animal origin intended for hum an consumption (OJ L 139 and L 226, as later 
amended); 
2. The definitions laid down in the Regulations  as referred to in paragraph 1 shall apply mutatis 
mutandis . 
3. For the purposes of this Order, the following definitions shall apply: 
a. Decree establishing the  :  Decree of 3 June 2003 establishing a Marketing Board for enterprises 
Marketing Board for Fish   in the field of fishing, the treatment and processing of fish and the 
marketing of fish and fish produc ts (Bulletin of Acts and Decrees 
2003, 253); 
b. Marketing Board : the Marketing Board for Fish as referred to in Article 3 of the Decree 
establishing the Marketing Board for Fish; 
c. Council  : The Council of the Marketing Board; 032.2007.00 2d. Chairman  : the Chairman of the Marketing Board; 
e. rewatering area  : a class A production area in the sea, a lagoon or an estuary that is clearly 
defined and indicated by buoys, stakes or other anchored materials, intended for moving live bivalve molluscs into fresh water and included in the list of recognised Dutch rewatering areas in A nnex III to Article 4 of the Order on 
production areas for live bivalve molluscs 2006; 
f. base line  : (zero metre) line of the Dutch coast shown on the most recent large-scale map 
of the North Sea from the Hydrographics Service and arising from the Act on the boundaries of Dutch territorial waters 1985; 
g. 12 mile zone  : the maritime boundary (12 nautical miles seawards of the base line) shown on 
the most recent edition of the medium-scale and large-scale maps of the North Sea produced by the Hydrographics Service; for application in surface waters 
h. Netherlands  : the boundaries of the Netherlands' Exclusive Economic Zone, which  
Continental    coincide with the boundaries of Dutc h territorial waters (12-mile zone) 
Shelf (NCS)    and the boundaries of the part of the continental shelf owned by the  
       Netherlands, as referred to in the Decree on the boundaries of the Dutch         exclusive economic zone (Decr ee of 13 March 2000, Bulletin of Acts and 
Decrees  167); 
i. bivalve  : lamellibranchiate molluscs in the class Bivalvia, previously also 
 molluscs  known as Lamellibranchiata or Pelecypoda; 
j. tunicates  : invertebrate marine animals of the cl ass Tunicata, such as Ascidiacea (sea squirts), 
Appendicularia and Thaliacea; 
k. echinoderms  : spiny invertebrate marine animals of the phylum Echinodermata, such as sea 
cucumbers, sea urchins and sea stars; 
l. marine  : molluscs of the class Gastropoda, such as periwinkles, whelks and red whelks 
gastropods   
m. batch  : a group or set of identifiable products obtained under practically identical 
conditions by means of a given process and produced within a given production period at a given location; 
n. trade   : offering for sale, displaying, selling, deliv ering or having available or in stock a 
batch of bivalve molluscs, tunicates, echinoderms or marine gastropods; 
o. dirt tare  : anything that is not bivalve molluscs, tunicates, echinoderms or marine 
gastropods, such as empty shells, sea stars, dead mussels filled with mud, slipper limpets, barnacles, lumps of mud, stones and rubbish, and dead or broken molluscs that are unsuitable for processing for human consumption, and any matter released or left behind when cleaning. processing or treating the received batch of bivalve molluscs; 
4.  The provisions in this Order for bivalve molluscs shall apply mutatis mutandis  to all tunicates, 
echinoderms and marine gastropods. 
5. Matters regulated in or pursuant to formal le gislation, such as the Fisheries Act 1963, the Surface 
Water Pollution Act, the Nature Protection Act 1998, the Flora and Fauna Act or the 
Commodities Act, or European regulations are not  regulated in or pursuant to this Order. 
    Article 2
 032.2007.00 3 
 1. It shall be prohibited for any person to dischar ge, directly or indirectly, into production areas, 
rewatering areas or other Dutch surface waters water th at has been used to transport, store, clean, 
process or treat bivalve molluscs or parts thereof, to move them into fresh water or to clean 
business premises in which they have been processed , or to dump, directly or indirectly, in 
production areas, rewatering areas or other Dutch su rface waters dirt tare originating from the 
processing or treating of bivalve molluscs, if the said bivalve molluscs do not come from the areas designated by the Chairman, on behalf of the Council, in an Implementing Decree.  
2. The ban laid down in paragraph 1 shall not apply if the water is discharged such that, before it 
can come into contact with the water in pr oduction or rewatering areas or other Dutch surface 
waters, it is purified in a water treatment plan t recognised by the Chairman in accordance with 
Article 4. 
3.    The ban laid down in paragraph 1 shall not apply if the bivalve molluscs, dirt tare, grit, sand, 
sludge and filter material are not brought into c ontact with the rewatering or production areas or 
other Dutch surface waters and are removed by a waste processor recognised by the Chairman in 
accordance with Article 4 or treated in anothe r way approved by the Chairman in accordance 
with Article 4.  
   Article 3
 
  Applications for recognition of a quarantine fac ility and requests for approval of the method of 
disposing of dirt tare and materials used in clean ing, processing or treatment and left over as unusable 
must be submitted in writing to the Chairman. A pplications for recognition or approval must in 
principle be accompanied by: 
 a. a process and instrumentation diagram or flow chart with a description of the quarantine facility 
to which the application relates;  
b.  a description and process diagram of the water treatment plant and a drawing of the entire 
water circulation system, showing all water and waste streams including the influent, effluent 
and recirculation lines; 
 c.  a description of any UV installation or other equivalent disinfection methods used;  d. a description of how waste and dirt tare are treated, processed, disinfected or transported and 
disposed of by a waste processor; 
 e. a description of how the process management system guarantees that the process water, dirt 
tare and waste are separated or treated separatel y in order to prevent any contamination of the 
areas referred to in Article 2(1), including in all cases the emergency facilities in the event of 
failure, repair and maintenance; 
 f. a description of how containers or production facilities, such as sorting machines or packing 
tables, are marked to identify them as forming part of the quarantine facility; 
 g. a description of the intended method for cleaning all containers, production facilities, means of 
transport and spaces. 
  032.2007.00 4Article 4  
  
1. A quarantine facility shall be recognised, or a method of removing dirt tare or waste shall be 
approved, if all of the written documents and insp ection and testing by the supervising authority 
or an employee of the marketing board demonstrate,  to the satisfaction of the Chairman on behalf 
of the Council, that water, dirt tare or waste used or released during the transport, storage, 
cleaning, processing or treatment of bivalve mollu scs or parts thereof or when moving them into 
fresh water no longer presents a risk of the introduction of dinoflagellates or dinocysts 
responsible for the formation of foreign biotoxins , shellfish or fish diseases, viruses or other live 
organisms or the larvae thereof.  
2. In all cases, the Chairman, on behalf of the Council, shall attach the following conditions to 
recognition as a quarantine facility or to approva l of an acceptable method of removing water, 
dirt tare or waste: 
a. no less than 24 hours before the bivalve molluscs a rrive at a quarantine facility, this arrival 
shall be notified to the office of the marketing board  in Yerseke, by fax or e-mail or, if this is 
not possible, in writing. This notification shall at least specify: 
- the expected time of arrival at the quarantine facility in question; 
- the name of the production area from which the bivalve molluscs originate; 
- an indication of the species and genus of the batch of bivalve molluscs and the estimated 
quantity thereof; 
b. a copy of the original valid registration doc ument accompanying the bivalve molluscs shall be 
made available without delay to the office of th e marketing board in Yerseke, by fax, e-mail, 
post or hand delivery; 
c. on arrival, a copy of the waybill and the trans portation document shall be made available in 
writing without delay to the office of the marketing board in Yerseke, by fax, e-mail, post or hand delivery, so that the following information can be determined for the relevant batch:  
- the precise quantity of weighed live bivalve molluscs; 
- identification of the live bivalve molluscs; 
3. The Chairman, on behalf of the Council, may a ttach supplementary conditions to recognition as a 
quarantine facility or to approval of an acceptable method of removing water, dirt tare or waste, 
including: 
a. the water or leakages released fro m used means of transport or mobile or fixed equipment 
such as tanks, baskets and sorting or packaging machines shall be filtered for particles using a 
water filter with an absolute selectivity of 15 mi crons or less or using another water treatment 
system recognised by the Chairman; 
b. all taps on pipes that can be used to discharge to filters or the water treatment system outside 
shall be sealed in the off position by or on behalf of an employee of the marketing board; 
c. once sealed, the water filters or other parts of the water treatment system may only be 
unsealed following immediate notification thereo f, providing reasons, to the office of the 
marketing board in Yerseke; 
d. while the seals are broken, water may only be discharged if the water treatment system has an 
emergency facility; 
e. a facility shall be installed in the floor of th e quarantine facility that enables water to be 
drained via the water filter or the water treatment system; 
f. all drainage channels, taps and pipes in the part of the production building and the 032.2007.00 5refrigeration cells that form part of the quara ntine facility must be connected to the water 
treatment system; 
g. the equipment, including containers and production facilities such as sorting machines and 
packing tables, used in the quarantine facility shall at all times be permanently marked and 
clearly identifiable, and may not be used out side the quarantine facility until it has been 
cleaned thoroughly with a steam cleaner at a temperature of at least 90°C or using an equivalent method; 
h. waste from molluscs, live or dead specimens, dirt  tare, tissue or shells, grit, sand, sludge, 
packaging materials used for transport, filter ma terials and the material from biological filters 
or the materials from the water treatment system  shall be transported to a waste disposal 
company intended for that purpose, or shall be removed or rendered harmless in another 
manner recognised by the Chairman on behalf of the Council, and records shall be kept of all 
transports;  
i. only authorised personnel may access the quarantine facility. 
4.  In the event of changes to policy or European or national legislation with regard to preventing the 
introduction to Dutch surface waters of dinoflagella tes or dinocysts responsible for the formation 
of foreign biotoxins, shellfish or fish diseases, vi ruses or other live organisms or the larvae thereof 
or to the circumstances on the basis of which th e recognition was granted, the Chairman may, on 
behalf of the Council, withdraw the recogn ition or approval or amend or supplement the 
conditions imposed. 
   Article 5
 
  1. The Chairman may, on behalf of the Council, lay down more detailed rules to implement the 
provisions relating to: -    the method for applying for recognition as referred to in Article 3; -    the method of monitoring compliance with this Order, as referred to in Article 7(1). 
2. The Chairman, on behalf of the Council, ma y grant exemptions or dispensations for the 
provisions laid down in Articles 2 and 3 of this  Order. Exemption, or dispensation may be 
granted subject to restrictions. Conditions may be  attached to an exemption or dispensation. 
Exemption or dispensation granted can be amended or withdrawn at any time.  
3. The Chairman may, on behalf of the Council,  introduce a general notification obligation for 
each live batch of bivalve molluscs by implementing Decree. 
    Article 6
 
  1. The rules laid down in this Regulation are bi nding both operators and on persons working for 
operators, and on other natural or  legal persons insofar as these parties are involved in activities 
which are usually conducted professionally by businesses for which the Marketing Council was 
established.  
2. Any party who, at any time, does not comply or complies only partly with:  032.2007.00 6  1° the conditions imposed on the recognition or a pproval, as referred to in Article 4(2) or (3);  
  2° the conditions imposed on amendment or s upplementation as referred to in Article 4(4);  
  3°the exemption or dispensation gran ted as referred to in Article 5(2); or 
  4° the conditions imposed on the exemption or  dispensation as referred to in Article 5(3);  
 this shall be regarded as equivalent to a situ ation in which no recognition, approval, exemption 
or dispensation has been granted, and the ba n laid down in Article 2(1) shall apply. 
   Article 7
 
  1. a. The service designated by the Council by decision shall be responsible for monitoring 
compliance with the provisions in or pursuant to this regulation.  
 b. In addition, the persons designated by th e Council by decision shall be responsible for 
monitoring compliance with the provisions in or pursuant to this regulation. 
2. A decision as referred to in paragraph 1 shall be published in the Trade Journal. 
3.  The service or persons referred to in paragraph 1 shall be authorised to draft judgment reports for 
disciplinary proceedings. 
 
 
Article 8
 
  Infringements of the provisions in or pursuant to th is Order shall be subject to disciplinary measures 
as laid down in the Act on disciplinary jurisp rudence relating to business organisation 2004. 
   
Article 9
 
  1. This Order shall enter into force one day after its publication in the Trade Journal.  
   2. This Order may be cited as the Order on quarantine facilities for live bivalve molluscs 2007.     Rijswijk, 29 March 2007     B.J. Odink    W.G. van de Fliert (Chairman)    (Secretary) 032.2007.00 7 
 Explanatory Notes General 
The aim of the Order on the prevention of the introduction of toxic foreign dinoflagellates (2003) was 
to prevent the introduction into Dutch surface waters of the foreign dinoflagellates responsible for the 
formation of biotoxins and of their dinocysts (dorma nt stage). This Order legally lapsed in 2004, and 
at that time the sector did not consider it necessary to establish a new marketing board Order. Given the changed circumstances in the processing of  shellfish due to the growing demand for raw 
materials and the express desire of the shellfish sector to  employ this tool again in order to rule out the 
risk of Dutch waters being polluted or contaminat ed with organisms harmful to humans or species of 
bivalve molluscs native to these waters, the aim of the present Order is to re-establish a system of this 
kind for the protection of shellfish species, the mari ne environment and, indirectly, public health.  
 There is a diverse range of dinoflagellates respons ible for the formation of biotoxins. They are 
responsible, inter alia , for the formation of PSP (Paralytic Shellfish Poison). Bivalve molluscs can 
contain these toxins if they feed on algae of this nature. If such bivalve mo lluscs are then eaten, it can 
be seriously harmful to human health.  Th e introduction of these into Dutch production and 
rewatering areas could happen, amongst other methods, by means of the introduction into such waters 
of bivalve molluscs originating in areas where algae of  the nature in question, or the cysts thereof, 
occur. Furthermore, the transfer of bivalve molluscs and dirt tare may lead to the transfer of diseases 
that are harmful to bivalve molluscs.   Given that water that has come into contact with  bivalve molluscs or parts thereof may contain the 
above-mentioned foreign dinoflagellates or dinocysts , shellfish or fish diseases, viruses or other live 
organisms or the larvae thereof, such water must only be introduced into Dutch surface waters if it 
originates from an area specified in Article 2(1). Wher e that is not the case, the water thus needs to be 
discharged in such a way that it is cleaned by mean s of a water treatment system authorised by the 
Chairman before it is able to come  into contact with surface water. 
This Order will be notified to the Commission of  the European Commun ities in accordance with 
Article 8 of Directive 98/34/EC laying down a proce dure for the provision of information in the field 
of technical standards and regulations. It will also be notified to the Secretariat of the World Trade 
Organisation, in compliance with Article 7, in c onjunction with Annex B of the Agreement concluded 
in Marrakech on 15 April 1994 concerning technical barriers to trade (Treaties Journal 1994, 235). 
 
Article 1   
This article contains the definitions that are central  to the Order. Paragraphs 4 and 5 specify the scope 
of the Order. It primarily relates to bivalve molluscs, tunicates, echinoderms and marine gastropods.   This regulation covers business activities, undertaken by Dutch operators, that do not fall within the 
scope of existing regulations by other government bodies. This is therefore explicitly laid down in 
paragraph 5.  
Article 2  
This article states that there is a general ban on the introduction of bivalve molluscs or parts of or 
waste from bivalve molluscs into Dutch surface wa ters. This does not apply to bivalve molluscs 032.2007.00 8originating from areas nominated by the Chairman on behalf of the Council pursuant to paragraph 1. 
In addition, process water, cleaning water and dirt  tare from the processing activities must not come 
into contact with surface waters as harmful substan ces or organisms could be washed into the surface 
waters.   Where paragraphs 2 and 3 apply, it is still necessar y for operators to assess whether other rules have 
been imposed by other government bodies and whethe r licences and exemptions must be applied for. 
In any event, a licence from the Mi nister for Agriculture, Nature and Food Quality is required for 
seeding bivalve molluscs.  
Article 3  
This article specifies to whom an application must be  made and what documents must, in principle, be 
included therewith. Point a specifies that a process a nd instrumentation diagram (P&ID) or flowchart 
must be sent along with the process description of the quarantine facility. When developing a 
treatment processing, a P&ID is usually used as a starting point.  The purpose of the other documents that must be sen t with the application is to show what production 
facilities and parts of the business must be recogni sed as quarantine facilities, and what the specific 
operating conditions are under whic h appropriate requirements can be imposed to prevent the 
introduction of dinoflagellates or dinocysts responsible for the fo rmation of foreign biotoxins, 
shellfish or fish diseases, viruses or other live organisms or the larvae thereof.  
 
Article 4 
Paragraph 1 states that the Chairman, on behalf of th e Council, is authorised to grant recognition to a 
quarantine facility. In this connection, the Chairman  has the authority to assess whether, in view of 
the specific circumstances in the business and the nature and scope of the business activities, the 
request must be rejected or whether the requ ested recognition or approval can be granted. 
 Paragraph 1 lays down the standa rd conditions for recognition or approval. The Chairman is 
authorised, on behalf of the Council, to attach add itional conditions to the recognition or approval, in 
line with the specific operating conditions. The conditi ons laid down in paragr aph 3 serve as a starting 
point in this respect, but need not all be imposed . The Chairman may also impose other requirements 
if necessary for proper implementation of this regula tion, in view of the operating conditions. Under 
paragraph 4, the Chairman is authorised to w ithdraw or amend the recognition or the conditions 
imposed. This may be necessary if European or nati onal legislation is amended or if the operating 
conditions change.   Under the European hygiene regulations, as referre d to in Article 1(1), the Food and Consumer 
Product Safety Authority is authorised to recognise establishments as dispatch centres or purification centres (contained within the dispatch centres). The term  'water treatment plant' was the term used in 
the Order on the prevention of the introduction of t oxic foreign dinoflagellates (2003). In this Order, 
the term 'quarantine facility' is used instead. A wa ter treatment system forms part of a quarantine 
facility that may be authorised by the Chairman.  The quarantine facility may coincide fully or in part with an establishment recognised by the Food 
and Consumer Product Safety Authority as a dispatch centre or purification centre. Purification centres are intended solely for eliminating E.coli fro m bivalve molluscs, as laid down in the European 
hygiene regulations. The quarantine facility is inte nded to eliminate from the water all dinoflagellates 032.2007.00 9or dinocysts responsible for the formation of fore ign biotoxins, shellfish or fish diseases, viruses or 
other live organisms.  
 
Article 5  
Based on this Article, more detaile d regulations may be laid down by  the Chairman on behalf of the 
Council. It also specifies that exemptions or dispen sations may be granted by the Chairman, on behalf 
of the Council, for a number of provisions. This  article is also a safety net for unexpected 
developments in fast changing market conditions.  The term exemption is used for a decision by th e Chairman whereby an exception is made to a 
requirement or prohibition under the Regulation for a certain category
 of cases. 
The term dispensation is used for an order wher eby an exception is made to a requirement or 
prohibition under the Regulation for a single  case. Dispensations or exemptions may have conditions 
attached in order to ensure that th ere is no abuse of possible exceptions. 
 Under paragraph 3, the Chairman may, on behalf of the Council, introduce a notification obligation 
for each batch originating from all or some of th e areas listed in the implementing decree referred to 
in Article 2(1). In order to avoid unnecessary admini strative costs for the sect or, it has been decided 
not to include a general notification obligation dir ectly on the entry into force of this Order. In 
addition, operators already have to notify a great  deal of information to other government bodies 
within the framework of other regulations to whic h they are also subject. If it proves to be necessary 
in the interests of the proper implementation of this  Order, in the context of prevention, monitoring 
and enforcement, the Chairman may still decide, on behalf of the Council, to introduce a general 
notification obligation for certain areas by implementing decree.  
Article 6  
Paragraph 1 states that the rules laid down in this Regulation are bindi ng both on operators and on 
parties other than those for whom the Fish Marke ting Board was established (third parties) insofar as 
these parties are involved in activities which ar e usually conducted professionally by businesses for 
which the Marketing Board was established.  In addition to the general ban in Article 2(1), para graph 2 also states that failure to comply, at any 
time, with the conditions imposed on a recognition,  approval, exemption or dispensation shall be 
regarded as an infringement.  
Articles 7 and 8  
Under the Act on disciplinary jurisprudence rela ting to business organisation 2004, as of 1 April 2004 
trade organisations must, in principle, enforce th eir regulations using disciplinary law. On 1 May 
2004, the official title of the Act on disciplinary jurisprudence relating to business organisation 2002 
was amended to the Act on disciplinary juri sprudence relating to business organisation 2004 
(Government Gazette 2004, 50, entering into  force in Government Gazette 2004, 84). 
 Disciplinary measures may be imposed  in the event of infringements of the present Order. Under the 
Act on disciplinary jurisprudence relating to busin ess organisation 2004, the Chairman of the Fish 
Marketing Board shall open a case with the Fish Marketing Board Disciplinary Court within a 
reasonable period of discovering the infringement, by means of a written statement. The statement 032.2007.00 10should set out the circumstances for which disciplin ary measures are being requested. Along with the 
statement, all documents relating to the case should be submitted to the disciplinary court. The court 
can then deal with the case.  Disciplinary measures that may be imposed include reprimands, fines, publication of the judgment at 
the expense of the party concerned, and stricter monitoring of the party concerned's business at its 
expense for up to two years. An appeal may be l odged against the disciplinary court's judgment at the 
Board of Appeal for Industry.  The Decree on the designation of supervisory offi cials requires ministerial approval under Article 
104(3) of the Industrial Organisation Act. 
 
Article 9 
No other regulations currently apply in this field,  and it is therefore not necessary to include provision 
with retroactive effect or transitional provisions in the Order. 
 
Administrative Costs 
The costs arising from waste processing, techni cal requirements or activities to make the 
establishment suitable for use as a quarantine facility are considered to form part of the costs inherent 
to material requirements, and not of the administrative costs.  The operator also has a number of other obligations under other legislation. For example, the operator 
must have and retain the registration or transport document. In addition, documents that are already 
necessary, such as waybills, structural drawings, pro cess and instrumentation diagrams etc., are used 
to a large extent.  The calculation of the administrative costs was b ased on the rates and time units from the marketing 
board's calculation and further reports on administra tive costs. An hourly rate of EUR 30.00 was used. 
This is the estimated wage under the collective labour  agreement, including employers' social security 
contributions, for an operator in the agricultural sector.   It is expected that mussel and oyster farmers (a round 110 businesses in total) will be faced with no or 
very few additional substantive or administrative co sts due to the nature of their business activities. 
The same is true of fishermen who fish for other sh ellfish and farmers with recirculation systems.  
 Of the total number of businesses trading and processing all types of live bivalve molluscs, it is expected that no more than 30% of these businesses will be faced with additional substantive and 
administrative costs as a result of this new regulati on. The extent of these costs depends on the nature 
and scope of the individual business activities.   For each operator, the administ rative activities are as follows:  
 1) The one-off costs of applying for recognition, approval, exemption or dispensation: drafting application, completing and justifying application with require d documents and posting 
application =  application:  1 x 180 minutes x EUR 30 / 60 = EUR 90;   032.2007.00 112) The structural annual administrative costs re quired as a condition of the recognition, approval, 
exemption or dispensation in connection with the notification obligation for each imported batch and 
administration of waste transports:  the administrative activities comprise faxing, scanning and e-mailing or providing a copy, and recording the waste transports = notification:    (average number of notificati ons:  26 x 3)  x 10 minutes x EUR 3 / 60 = EUR 390;  
registration: (average number of registrations : 52 x 1)  x 5 minutes x EUR 30 / 60 = EUR 130.  
    Rijswijk, 29 March 2007     B.J. Odink    W.G. van de Fliert (Chairman)    (Secretary) 032.2007.00 12 
Implementing Decree under Article 2(1) of the Or der on quarantine facilities for live bivalve 
molluscs 2007 
 Decree of the Chairman of the Fish Mark eting Board of ………………, designating the areas as 
referred to in Article 2(1) of the Order on quarantine facilities for live bivalve molluscs 2007 
(Implementing Decree under Article 2(1) of the Or der on quarantine facilities for live bivalve 
molluscs 2007)  
 
The Chairman of the Marketing Board for Fish;  Having regard to Article 2(1) of the Order on quarantine facilities for live bivalve molluscs 2007; 
 Decrees, on behalf of the Council of the Marketing Board:   
Article 1
 
  The following areas are designated as areas as referred to  in Article 2(1) of the Order on quarantine 
facilities for live bivalve molluscs 2007: 
a) the rewatering areas or production areas, with the exception of the section of the Netherlands 
Continental Shelf outside
 the 12-mile zone, included as such in Annex I to Article 3(1) of the 
Order on production areas for live bivalve molluscs 2006;  
b) the part of the North Sea constituting the te rritorial waters of England and the Wadden Sea 
adjoining the North Sea belonging to Germany and Denmark to the south of Esbjerg, including the Danish area Ho-Bugt; 
c)  the following production areas for which a licen ce has already been granted on the basis of 
the Nature Protection Act 1998, following an appropriate assessment: 
  1°. Belfast Lough (Northern Ireland);   2°. Carlingford Lough (Northern Ireland and the Republic of Ireland); 
  3°. Wexford Harbour (Republic of Ireland); 
  4°. Waterford Harbour  (Republic of Ireland); 
  5°. Ballymacoda Bay (Yougha l Bay, Republic of Ireland); 
  6°. Castlemaine Harbour (Republic of Ireland);   7°. Lough Swilly (Republic of Ireland);   8°. Lough Foyle (Republic of Ireland);   9°.  Poole Harbour (UK);  10°. Swansea Bay (UK);  11°. Menai Strait (East) and Menai Strait (West) (UK);  12°. Morecambe Bay (East), Morecambe Bay (Roosebeck) and Morecambe Bay (Barrow) 
(UK). 
  
 
 032.2007.00 13Article 2  
 
 1. This Decree shall be cited as "Implementi ng Decree under Article 2(1) of the Order on 
quarantine facilities for live bivalve molluscs 2007". 
2. This Decree shall enter into effect on the day following that of the promulgation in the Trade 
Journal of the Regulation on quarantine facilities for live bivalve molluscs 2007. 
                                                                    Rijswijk, ……………………………………….     B.J. Odink (Chairman)    
EXPLANATORY NOTES 
Article 2(1) of the Order on quarantine faciliti es for live bivalve molluscs 2007 stipulates that the 
Chairman, on behalf of the Board, may, by mean s of an implementing decree, designate areas for 
which it has become evident that there is virtually  no risk of the introduction of dinoflagellates or 
dinocysts responsible for the formation of foreign biotoxins, shellfish or fish diseases, viruses or other 
live organisms or the larvae thereof.  If bivalve molluscs are collected in areas not referre d to in Article 1, processing of such bivalve 
molluscs may only take place in an establishm ent authorised as a quarantine facility. 
 The present Decree will enter into force at the sam e time as the Order on quarantine facilities for live 
bivalve molluscs 2007, which forms th e legal basis for the Decree. 
                                                                    Rijswijk, …………………………..     B.J. Odink (Chairman)