NETHERLANDS -- ORDER ESTABLISHING THE DATE OF ENTRY INTO EFFECT OF ARTICLE 66.1, SUB-SECTION D, OF THE HEALTH AND WELFARE ACT FOR ANIMALS The following notification is being circulated in accordance with Article 10.6. G/TBT/Notif.97.94 dated 19 March 1997. 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 Management and Fisheries Agency or authority designated to handle comments regarding the notification can be indicated if different from above: National Enquiry Point. 3. Notified under Article 2.9.2. 4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): The draft order applies to animals or animal products. 5. Title, number of pages and language(s) of the notified document: Order Establishing the Date of Entry Into Effect of Article 66.1. Sub-Section D, of the Health and Welfare Act for Animals (3 pages in English). 6. Description of content: The Draft Order provides for the entry into effect of a license procedure for manufacturing, transporting, having in stock, making available, selling, having in stock with the intention of selling, disposing of or importing into The Netherlands animals or animal products which have been subject to biotechnological treat. 7. Objective and rationale: In the context of the present notification procedure we reported the draft decision laying down when Article 66, First Paragraph, Part D of the Animal Health and Welfare Act will come into force as a technical regulation insofar as this draft decision provides for the introduction of a licensing system for the importation into The Netherlands of animals or animal products to which biotechnology applications were made abroad. This licensing system is related to the coming into force of the decree on biotechnology applications to animals, under which biotechnology applications to animals in The Netherlands have to be licensed. Without a licensing system for the importation into The Netherlands, The National Licence Obligation would be pointless asthe National License obligation can easily be dodged by making biotechnology applications to an animal just across the border and then import the modified animal into The Netherlands. As was also pointed out in the explanation to the draft decision, the licence obligation entails that the Act of Importation as such will be reviewed. In other words, it will be reviewed whether the importation of a genetically modified animal will affect the animal's health or welfare, or meets with ethical objections. If any of these questions are answered negatively the licence will be refused. 8. Relevant documents: Chapter IV (Biotechnology) of the Health and Welfare Act for Animals (STB. 1992, 805) and the Order of 9 December 1996 governing rules on permits for biotechnological activities regarding animals and on the biotechnology Commission for Animals (Order on Biotechnology for Animals). 9. Proposed date of adoption: 20 April 1997; Proposed date of entry into force: 20 April 1997. 10. Final date for comments: 14 April 1997. 11. Text available from: National enquiry point. (0104)

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