. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/NLD/82 
25 April 2008 
 (08-1980) 
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):   Pigs, pig products  
5. Title, number of pages and langua ge(s) of the notified document:   Order on the 
monitoring of critical substances in pigs (Mar keting Board for Livestock and Meat [Dutch 
abbreviation: PVV]) 2008  (13 pages, in English). 
6. Description of content:    
The Order introduces a monitoring system wher eby all Marketing Board members shall be 
required to have their pigs checked for critical substances. It will be possible for this duty of 
monitoring to be complied with through particip ation 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 – w ill be subject to the basic monitoring by the 
Marketing Board for Livestock and Meat. These Marketing Board members are entered into 
a database. A Scientific Counc il then determines, on the basis of a risk analysis, the 
frequency of sampling per sub sector and type of farm. Samples are examined at a specially 
designated laboratory. This laboratory is require d to notify the results of its analyses to the 
Marketing Board.  The Order prohibits the suppl y or removal of pigs that have not been 
tested for critical substances. Pigs 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 will be  payable by those Marketing Board members 
who are in the relevant category of not being pa rticipants in a quality system. A levy will be 
instituted for this purpose. G/TBT/N/NLD/82 
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 pork.  The Marketing Board for Livestoc k and Meat considers that such intensive 
monitoring for the purpose of avoiding the pr esence of critical substances in pigs and pork 
is necessary in order to provide adequate prot ection for public health and food safety.  For 
public health purposes the Dutch Government is  conducting, in addition to the inspections 
instigated by the Marketing Board for Livestoc k and Meat, a national plan of inspection for 
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 operators 
in the pig sector take part in a private- law quality system, however, compliance with the 
duty of monitoring cannot be required of ev eryone by law. Given that an autonomous 
Marketing Board Order, in contrast 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 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 or igin, pigs from other Member States shall, on 
the basis of the relevant implementation me asures pursuant to Directive 96/23/EC, be 
considered to have been tested sufficiently for critical substances. Pigs and pork from other 
Member States will be treated as pigs a nd pork produced in accordance with the basic 
monitoring of the Marketing Board for Livestock and Meat. 
8. Relevant documents:   - 
9. Proposed date of adoption:   
Proposed date of entry into force:   }24 September 2008 
10. Final date for comments:   2 July 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/