. /.WORLD TRADE
ORGANIZATIONG/TBT/N/NLD/37
1 November 2001
(01-5380)
Committee on Technical Barriers to Trade Original:  English
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying:   THE NETHERLANDS
If applicable, name of local government involved (Articles 3.2 and 7.2):           
2. Agency responsible:   Ministry of Agriculture, Nature Management and Fisheries
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):   Animals and plants and
products originating from animals and plants
5. Title, number of pages and language(s) of the notified document:   Regulation exemption
protected animal and plant species under the Flora and Fauna Act.
6. Description of content:   The Regulation is based on Article 75(2) of the Flora and Fauna
Act. The present Regulation contains exemptions from these bans, and takes account of theprovisions of the CITES Basic Regulation and the CITES Implementing Regulation.
Seen in connection with Article 13 of the Flora and Fauna Act and the Regulation on the
designation of protected animal and plant species, the present Regulation further detailssome of the points of both Regulations.
Consequently:
- a ban on possession applies to all live specimens of the animal species listed in
Annexe A to the CITES Basic Regulation, with the exception of bred and marked,
vertebrate animals, not being simians or felines.
- a ban on possession applies to dead specimens and products deduced therefrom of the
birds of prey, tigers (bones), owls and rhin oceroses (horns) included in Annexes A and
B to the CITES Basic Regulation;
- a ban on possession applies to live specimens of the primates, a limited number of
felines and the ferret cat, referred to in Annexe B to the CITES Basic Regulation;
- a ban on possession also applies to live and dead specimens of indigenous,
protected animal species and products thereof, with the exception of bred birds fittedwith a leg ring;  and
- a ban on possession applies to live and dead specimens of the species included in
Annexe IV to the Habitat Directive.G/TBT/N/NLD/37
Page 2
Pursuant to Article 75(3 and 4) of the Flora and Fauna Act, exemption may be granted from
these bans on possession.
7. Objective and rationale, including the na ture of urgent problems where applicable:
Protection of plants and animals in the wild
8. Relevant documents:
- Flora and Fauna Act, especially Articles 13 and 75;
- Decree exemption protected animal and plant species, especially Article 18;
- Regulation on the designation of protected animal and plant species under the Flora
and Fauna Act, especially Articles 2 and 4.
9. Proposed date of adoption:
Proposed date of entry into force: }January 2002
10. Final date for comments:   11 December 2001
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:           