WORLD TRADE  
ORGANIZATION  G/SPS/N/NLD/66 
28 April 2008  
 (08-2012) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
NOTIFICATION 
 
1. Member to Agreement notifying:  NETHERLANDS
  
If applicable, name of local government involved:   Dutch Fish Product Board (a 
commodity board based on the Du tch Industrial Organisation Act) 
2. Agency responsible:  Ministry of Agriculture, Nature and Food Quality 
3. Products covered (provide tariff item numb er(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where 
applicable):  This Order relates to all species of liv e bivalve molluscs, live tunicates, live 
echinoderms and live marine gastropod s, as defined in Article 1.  In practice, the Order relates 
in particular to mussels and oysters. 
4. Regions or countries likely to be affected , to the extent relevant or practicable :  The 
Netherlands, because there are no restrictions made to import, just obligations to Dutch 
enterprises on proceeding including the live spec ies of live bivalve molluscs, live tunicates, 
live echinoderms and live marine gastropods with origin of other countries. 
5. Title, language and number of pages of the notified document:  Order on quarantine 
facilities for live bivalve molluscs 2007 and the associated Implementing Decree under 
Article 2(1) of the Order on quarantine facili ties for live bivalve molluscs 2007 (13 pages) 
http://members.wto.org/crnattachments/2008/sps/NLD/08_1237_00_e.pdf  
http://members.wto.org/crnattachments/2008/sps/NLD/08_1237_00_f.pdf  
http://members.wto.org/crnattachments/2008/sps/NLD/08_1237_00_s.pdf  
6. Description of content:  The Order on quarantine facilitie s for live bivalve molluscs 2007 
sets out rules in respect of approval, legal protection and precautionary measures for the 
purposes of laying down more detailed rules re garding the requirements for and authorisation 
and construction of quarantine facilities in orde r to prevent the occurrence of dinoflagellates 
or dinocysts responsible for th e formation of foreign biotoxins , shellfish or fish diseases, 
viruses or other live organisms or the larvae thereof.  
The following articles may contain technical regulations: - Articles 2 to 8. 
The Implementing Decree under Ar ticle 2(1) of the Order on quarantine facilities for live 
bivalve molluscs 2007 
Article 2(1) of the Order on quarantine facilitie s for live bivalve molluscs 2007 stipulates that 
the Chairman, on behalf of the Board, may, by  means of an implemen ting decree, designate 
areas for which it has become evident that ther e is virtually no risk of the introduction of 
dinoflagellates or dinocysts responsible for the formation of foreign marine biotoxins, 
shellfish or fish diseas es, viruses or other live organisms or the larvae thereof (definitions 
Annex I of Regulation [EC] no. 853/2004). G/SPS/N/NLD/66 
Page 2  
 
   If bivalve molluscs are collected in areas not referred to in Article 1, processing of such 
bivalve molluscs may only take place in an esta blishment authorised as a quarantine facility. 
Article 2 is necessary for pe nalisation, and contains the banning provisions required to 
indicate what is and what  is not permitted.  The Article states that there is a general ban on the 
introduction of parts of or wast e from bivalve molluscs into Du tch surface wate rs.  This does 
not apply to bivalve molluscs originating from areas nominated by the Chairman on behalf of 
the Board pursuant to paragraph 1. In addition,  process water, cleani ng water and dirt tare 
from the processing activities must not come in to contact with surface waters as harmful 
substances or organism s could be washed into the surface waters. 
The ban does not apply if the water is clea ned before discharge in a water treatment 
installation authorised by the Chairman. 
Article 3 specifies to whom an application must be made and what documents must, in 
principle, be included therewith.  The purpose of the documents that have to be forwarded with the application is to provide clarificatio n as to which means of production and parts of 
the business need to be authorised as quarantine facilities. 
Article 4 states that the Chairman is empowered to grant authorisation to a quarantine facility.  
A water treatment system forms part of a quar antine facility that may be authorised by the 
Chairman.  In such an authorisation, the cond itions from paragraph 2 are laid down in every 
case. In addition, the Chairman may lay down ot her conditions – in particular the conditions 
specified in paragraph 3.  Unde r Article 5, the Chairman may, on behalf of the Board, grant 
exemptions or dispensations from Article 2.  Th e Chairman is authorised  to attach conditions 
to the granting of an exemption or dispensation.  The term exemption is used for a decision by 
the 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 
whereby 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 there is no abuse of possible exceptions.  This article is a safety net for unexpected 
developments. 
Article 5(3) allows for the introduction of a general obligation to report each batch. 
Article 8 states that disciplinary measures ma y be taken in response to infringements, as laid 
down in the Act on disciplinary jurisprudence relating to business organisation 2004 and the 
associated legal protection system.  Article 7 states that the supervisory authority and persons 
are to be designated by decree, and that they are all authorised to draft judgment reports.  
7. Objective and rationale:  [ X ] food safety, [   ] animal health,  [   ] plant protection, [  
 ] protect humans from animal/plant pest or disease,  [ X ] protect territory from other 
damage from pests  The Order does not contain a mutual recognition clause.  There is a 
diverse range of dinoflagellates responsible for the formation of marine biotoxins.  They are 
responsible, inter alia , for the formation of PSP (Paralytic  Shellfish Poison).  Live Bivalve 
molluscs can contain these toxins if they feed on algae of this nature.  If such live bivalve 
molluscs are then eaten, it can  be seriously harmful to human health.  The introduction of 
these into Dutch production areas and conditioni ng areas, designated by the Dutch Fish 
Product Board as competent authority based on Annex II of Regulation [EC] no. 854/2004, 
could happen, amongst other methods, by means of the introduction into such waters of live bivalve molluscs originating in areas where al gae 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.   G/SPS/N/NLD/66 
 Page 3 
 
 
   Given that water that has come into contact with bivalve molluscs or parts thereof may 
contain the above-mentioned foreign dinoflagellates or cysts, 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 sp ecified in Article 2(1).  Where that is not the 
case, the water thus needs to be discharged in such a way that it is cleaned by means of a 
water treatment system authorised by the Chairman  before it is able to come into contact with 
surface water. 
Given the changed circumstances in the proces sing of shellfish due to the growing demand 
for raw materials and the express desire of the shel lfish sector to employ this tool in order to 
rule out the risk of Dutch waters being pollute d or contaminated with organisms harmful to 
humans or species of bivalve molluscs native to  these waters, the aim of the present Order is 
to establish a system for the protection of sh ellfish species, the marine environment and, 
indirectly, public health.  
8. International standard, guideline or recommendation:  
[   ] Codex Alimentarius Commission, [   ] World Organization for Animal Health 
(OIE), [   ] International Plant Protection Convention, [ X ] None  
If an international standard, guideline or recommendation exists, give the appropriate 
reference and briefly identify deviations:    
9. Relevant documents and language (s) in which these are available:   - 
10. Proposed date of adoption:  As soon as possible 
11. Proposed date of entry into force:  As soon as possible 
12. Final date for comments:  16 May 2008 
Agency or authority designated to handle comments:  [   ] National notification 
authority, [ X ] National enquiry point, or  address, fax number and E-mail address (if 
available) of other body: 
13. Texts available from:  [   ] National notifica tion authority, [ X ] National enquiry point, 
or address, fax number and E-mail address (if available) of other body: 
 Ministry of Finance Tax and Customs Administration 
 Central Licensing Office for Import and Export.  Section EC /WTO Notifications 
 9700 RD Groningen  The Netherlands  Tel:  +(31) 50 523 2133/2134/2135 
 Fax:  +(31) 50 523 2159 
 E-mail:  enquiry.point@tiscali-business.nl  and enquiry.point2@tiscali-business.nl