Profile Basic legislation Legal definition Guidelines and codes of conduct International arrangements Planning Authorization system Access to land and water EIA Operation Water and wastewater Fish movement Disease control Drugs Feed Food safety	Miscellaneous References Legislation Related resources Related links

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Basic legislation

Legal definition

There is no legal definition of aquaculture. However, the Regulation on Aquaculture directly refers to the definitions of Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products. This Directive contains definitions of, inter alia, “aquaculture animals”, “aquaculture products” and “farm”. In addition, aquaculture products are defined in the Decree relative to fisheries products, snails and frog legs (1995, as amended) (Warenwetbesluit visserijprodukten, slakken en kikkerbillen) (see below) as well as the Decree on health requirements for live bivalve molluscs (2000)  (Verordening gezondheidsvoordschriften levende tweekleppige weekdieren), issued by the Fish Product Board (see below).

Guidelines and codes of conduct

The Dutch fishing industry is well-organized and based on a system of co-management. Fish and shellfish farmers, fish processors, whole-salers and retailers all have their own interest organization. Together they are united in the Fish Product Board, which can adopt decrees that are binding for the entire sector on a wide range of issues.

International arrangements

The Netherlands is a member of the European Union (EU), which has adopted a substantial amount of legislation relevant to the aquaculture sector. Generally, EU legislation is composed, inter alia, of Regulations, which are directly applicable and binding in all EU member states without the need for any national implementing legislation, and Directives, which bind Member States as to the objectives to be achieved within a certain time-limit while leaving the national authorities the choice of form and means to be used. Directives have to be implemented in national legislation in accordance with the procedures of the individual member states.

The Netherlands is a member of the International Council for the Exploration of the Sea (ICES). Relevant to the aquaculture sector is the ICES Code of Practice on the Introductions and Transfers of Marine Organisms   . This Code sets forth recommended procedures and practices to diminish the risks of detrimental effects from the intentional introduction and transfer of marine (including brackishwater) organisms. It applies to public (commercial and governmental), private, and scientific interests including introductions into closed containment. ICES member countries contemplating new introductions are requested to present to the ICES Council a detailed prospectus on the rationale and plan for any new introduction of a marine (brackish) species. The contents of the prospectus are detailed in Appendix A to the Code. If any introduction or transfer proceeds following approval, ICES requests member countries to keep the Council informed about it.

The Netherlands is also a party to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention), which has direct implications for marine aquaculture. Under the Convention, the Paris Commission (PARCOM) issued Recommendation 94/6 on Best Environmental Practice (BEP) for the Reduction of Inputs of Potentially Toxic Chemicals from Aquaculture  .

Finally, the Netherlands is a member of the World Trade Organization (WTO) and a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It ratified both the Convention on Biological Diversity (CBD) and the Bio safety Protocol.

Planning

Authorization system

Shellfish culture in the Netherlands has developed over the last 150 years and since 1960 no new licenses for bottom culture have been issued. Owing to a coastal engineering project that was completed in 1987 new boundary conditions gave opportunities for rope culture and several licenses have been issued for the Oosterschelde. All potential sites are now in use and no new shellfish culture is allowed.

There are no specific authorizations required to engage in and set up an inland aquaculture farm. However, generally each business in the Netherlands must have a number of permits to be allowed to conduct its activities. The Dutch system of permits, defined by various laws and controlled by different ministries, is elaborate and complex. The permits mainly deal with environmental protection and are prescribed in different environmental laws (see below). In addition, the setting up of a farm should stroke with land use planning regulations.

Access to land and water

In the Netherlands, the acquisition of land rights is generally a matter of private law and regulated by the Dutch Civil Code and the Land Registry Act (1995, as amended) (Kadasterwet). This act establishes specific conditions and procedures that must be met in order for a transfer to take effect, including a deed passed before a notary public and subsequent registration with the public registers. In addition, the government (i.e. the municipality) can lease publicly owned lands. The lease right (erfpacht) is a right which allows its holder to enjoy a real property belonging to a third party in consideration for a yearly payment. The lease right can be contracted for a determined or undetermined period of time. Usually the period will be from 26 up to 99 years. Like ownership, the long lease right is established and/or transferred by a deed passed before a notary public and subsequent registration with the public registers. The lease holder may exercise all the rights attaching to the enjoyment of the property concerned, provided that he does not reduce its value. The long lease deed may, however, contain conditions restricting the purpose of the use of the property. At the expiration of the long lease, the holder will be entitled to indemnification for the buildings and plantations he has made on the property. In the lease deed, the right to indemnification may be restricted or excluded on limited grounds. The holder of a lease right may transfer his right, although the transfer can be made subject to the approval by the owner/lessor. The holder may also mortgage the lease right for its duration.

Lack of space is a major problem in the Netherlands. The most important legislative basis for land use planning is the Spatial Planning Act (1965, as amended) (Wet op de Ruimtelijke Ordening), administered by the Ministry of Public Health, Spatial Planning and Environmental Affairs (Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer or VROM). This is a framework act, which delegates tasks to the national government, to the provinces and to the municipalities. According to the act, each administrative level has to make a spatial planning framework, but only the municipal land use plan (bestemmingsplan) is directly legally binding. The municipal land use plan has to be approved by the provincial executive, while the national government has corrective powers, too. The plan sets out specifically how land is to be used and developed. All activities, which have a spatial component such as recreation, housing, nature conservation and industry, have to be regulated in the municipal land use plan, and every building initiative has to pass this plan.

Also having implications for aquaculture operations, in particular for the mussel spat collection from wild stocks, is the selection of nature conservation areas. In the Netherlands, some of these areas are permanently closed to shellfish spat fisheries. In addition, stock assessments are generally carried out by the RIVO prior to the mussel spat collection in spring and autumn to estimate the availability of mussels for relaying but also in relation to feed requirements for protected bird populations. In years of scarcity, inter-tidal areas can be closed to harvesting in addition to the permanently closed areas. Generally, nature conservation areas are protected under various EU Directives including Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (Habitats Directive). This Directive provides for the establishment of Special Areas for Conservation (SACs), which are protected sites for certain natural habitats and listed species of flora and fauna. Special Protected Areas (SPAs) are another group of sites which are protected in order to comply with Council Directive 79/409/EEC on the conservation of wild birds (Wild Birds Directive). This Directive provides for the protection of listed rare/vulnerable species and regularly occurring migratory birds. In providing this protection, the Directive also provides protection for the habitats of these birds, which are designated as SPAs. In the Netherlands, the Habitats Directive and the Wild Birds Directive are partly implemented by the Flora and Fauna Act (1998) (Flora and faunawet) (with regard to the conservation of species) and partly by the Nature Protection Act (1998)  (Natuurbeschermingswet) (with regard to the conservation of habitats). The Nature Protection Act, however, is not yet fully into force. Amendments are currently being discussed in order for the act to be more in line with the Directives.

EIA

The Environmental Management Act (1993, as amended) (Wet Milieubeheer) provides that certain business entities need an environmental protection act permit (EPA permit). These entities are listed in the Decree on Entities and Permits (1993)  (Inrichtingen- en Vergunningenbesluit Milieubeheer) and include entities engaged in the cultivation of animals and entities engaged in the processing of fish and shellfish. The competent authority for these permits is the municipality. Generally, a permit can be denied when this is necessary for the protection of the environment. Every possible effect on the environment falls under this criterion, including the protection of nature and waste aspects. A permit may contain specific requirements to prevent dangerous situations and environmental harm. The act implements Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment (as amended by Council Directive 97/11/EC). For certain developments, for instance large-scale projects, the Decree relative to environment reporting (1998) (Besluit milieuverslaggeving) requires an EIA. In certain cases, a soil contamination survey may also be required. However, no specific EIA or other requirements currently exist for aquaculture farms.

Operation

Water and wastewater

Water management is the responsibility of the central government, provinces, water boards and municipalities and regulated by the Water Resources Management Act (1989, as amended) (Wet op de Waterhuishouding). At the central government level, the Ministry of Transport, Public Works and Water Management (Ministerie van Verkeer & Waterstaat or V&W) formulates and adopts the overall strategic water management policy, which also takes into account other important sectors such as land use planning and environmental management. The Ministry of V&W coordinates and is responsible for the implementation of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for the Community action in the field of water policy (Water Framework Directive). Provinces formulate and adopt the provincial strategic water management policy, which takes into account the overall water management policy of the Ministry, and supervise the water boards and the municipalities. Water boards, composed of landowners and tenants, are responsible for water quantity and water quality, including the prevention of water pollution, and water control, including the protection against flooding by means of dunes, dykes, canals, dams and locks. The municipalities are responsible for managing the sewerage system and, as mentioned in section 4, for the adoption of land use plans.

According to the Surface Waters Pollution Act (consolidated version of 2002) (Wet Verontreiniging Oppervlaktewateren) every discharge of wastewater into a surface water (and in some listed cases into municipal sewers) requires a permit from the competent authority. All dischargers are liable to pay a pollution levy according to the “polluter pays principle”. The act also lays down the allocation of tasks to the various authorities. The operational section of the Ministry of V&W (Rijkswaterstaat) is responsible for the water quality of the (so-called) state-waters (larger surface waters), e.g. the river Rhine, the lake IJssel and the territorial part of the North Sea. For all other surface waters (regional waters) this responsibility lies with provincial authorities. The provinces are, however, allowed to delegate the right to grant discharge-permits (and to charge levies) to other public bodies. Most provinces have used this opportunity and have transferred this right to the water boards.

Council Directive 79/923/EEC on the quality required of shellfish waters requires member states to designate certain areas as needing protection or improvement in order to contribute to a high quality of shellfish products. Member states must establish programmes for reducing pollution to ensure that designated waters comply with the defined standards. This Directive has been implemented by the Decree containing measures regarding quality objectives and measurements for surface waters (1983)  (Besluit houdende regelen inzake kwaliteitsdoelstellingen en metingen oppervlaktewateren), issued under the Surface Waters Pollution Act.

Fish movement

The movement of aquaculture animals is regulated in the Regulation on Aquaculture, which implements a number of EU Directives including Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products, as amended by Council Directives 93/54/EC, 95/22/EC, 97/79/EC and 98/45/EC. Generally, the Directives designate officially approved Community zones with a favourable health status and regulate the movement between zones. A movement document with health certificate is required for live fish, crustaceans and molluscs and for other aquaculture products. In addition, rules applying to importation from non EU member countries are laid down in order to protect the health of fish, crustaceans and molluscs in EU aquaculture establishments. The Regulation on Aquaculture stipulates various requirements on the transport of aquaculture animals (related to disinfection, water quality etc.), the issuance of movement documents and other information to be provided. The responsibility for the issuance of movement documents rests with the VWA.

Regulations concerning the transport of live bivalve molluscs from production areas to re-watering sites, processing establishments etc. are provided by the Decree on health requirements for live bivalve molluscs (2000)   (Verordening gezondheidsvoordschriften levende tweekleppige weekdieren), issued by the Fish Product Board. All such transports must be accompanied by a registration document, to be issued by the Chairman of the Fish Product Board, in accordance with the VWA. This document should include name and address of the producer, the production area, health status, type and quantity of live bivalve mollusc etc.

Disease control

Council Directive 91/67/EEC, as amended, and implemented by the Regulation on Aquaculture, represents the main fish health legislation under which the Dutch aquaculture industry is regulated. This directive breaks the main aquaculture diseases into three lists. List I diseases are exotic to the EU and must be eradicated from any place in which they are found. List II diseases are present in certain parts of the EU but not in others and are capable of having a severe economic impact. List III diseases are quite widespread in the EU, but certain countries have farms or zones, which are free of these diseases. The Regulation on Aquaculture requires the VWA to establish and maintain a register of all establishments trading in aquaculture animals and aquaculture products. These establishments are obliged to keep records containing all information relating to the delivery of aquaculture animals and products, and relating to aquaculture animals and products leaving the farm. Records shall be kept for a period of three years. The Regulation requires aquaculture establishments to notify the VWA as soon as fish on a farm are suspected of being infected with certain diseases. Upon receipt of such notification, the area in which the farm is located will be put under surveillance and an investigation will be carried out.

Drugs

Whereas shellfish is cultured in an extensive way, i.e. without addition of feed, chemicals or veterinary drugs, regulation of these issues is not considered a priority area in the Netherlands. At present, no veterinary drugs have been registered for use in the aquaculture sector. Generally, the manufacture, registration, distribution and use of veterinary drugs are regulated in the Veterinary Drugs Act (1985, as amended)  (Diergeneesmiddelenwet), while the manufacture, registration, distribution and use of pesticides are regulated by the Pesticides Act (1962, as amended) (Bestrijdingsmiddelenwet). Both acts are administered and implemented by the VWA.

Feed

The Animal Feed Act (2003)  (Kaderwet Diervoeders), administered by the VWA, regulates the manufacture, distribution and use of animal feed. The act is implemented by the Decree on animal feed (2004)  (Besluit diervoeders) and the Ministerial Regulation on animal feed (2004)  (Regeling diervoeders). Together they implement a multitude of EU regulations, including Council Directive 2002/32/EC of the European Parliament and of the Council (as amended), which lays down control measures to be applied on undesirable substances in feedingstuffs. This Directive intends to control undesirable substances which can occur naturally in feedingstuffs, such as heavy metals, dioxins, toxic weed seeds, mycotoxins, etc. Since it is impossible to eliminate most of these substances from feedingstuffs, maximum permitted levels are fixed at a level which prevents adverse effects on animal or consumer health. Where a feedingstuff contains an undesirable substance in excess of the maximum permitted level, it must be removed from the feed chain. The legislation also implements Council Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector (as amended) and Council Directive 95/53/EC fixing the principles governing the organization of official inspections in the field of animal nutrition (as amended). Additionally, the Decree on medicated feedingstuffs (1993)  (Besluit gemedicineerd voeder) implements Council Directive 90/167/EEC laying down conditions governing the preparation, placing on the Market and use of medicated feedingstuffs in the Community.

Food safety

The Netherlands has an extensive and rather complex system of food legislation in place. The Food and Commodities Act (1935, as amended)  (Warenwet) is the principal framework enactment that governs food control and food safety. The act is accompanied by numerous implementing decrees covering a variety of issues such as labelling, packaging, import/export etc. Responsible for the administration and implementation of the act is the VWA, which is an independent agency in the Ministry of LNV but also acts as a delivery agency for the Ministry of Health, Welfare and Sport (Ministerie voor Volksgezondheid, Welzijn en Sport or VWS). The Authority is responsible for the inspection and supervision of all food, non-food, animal health and animal welfare. Creation of the VWA means that there a single independent authority responsible for protecting the safety of, inter alia, all food products at all stages of the production chain “from farm to fork”. To this end, the VWA ensures that legislation and regulations are complied with and that potential threats to safety are addressed.

The safety of, inter alia, aquaculture products is regulated in the Decree relative to fisheries products, snails and frog legs (1995, as amended) (Warenwetbesluit visserijprodukten, slakken en kikkerbillen), while more specific regulations on hygiene requirements, packaging, conservation, transport, HACCP etc. are set out in the Regulation on fisheries products, live bivalve molluscs, snails and frog legs (1995, as amended)  (Warenwetregeling visserijproducten, tweekleppige weekdieren, slakken en kikkerbillen). This legislation implements a number of EU Directives including, inter alia, Council Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs, Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and placing on the market of fishery products, Council Regulation (EC) 104/2000 on the common organisation of the markets in fishery and aquaculture products, and Commission Regulation (EC) 2065/2001 laying down the conditions for informing consumers about fishery and aquaculture products.

Additional requirements for shellfish quality control are found in the Decree on health requirements for live bivalve molluscs (2000) (Verordening gezondheidsvoordschriften levende tweekleppige weekdieren), issued by the Fish Product Board. The Chairman of the Fish Product Board, or the VWA, has the power to temporarily close a production area for harvesting if certain bio-toxin or microbiological limits are exceeded. A shellfish monitoring programme is carried out by the RIVO, under contract of the Fisheries Department, together with the Fish Product Board. Additional requirements for fish processing can be found in the Decree on health requirements for fish processing establishments (2000)  (Verordening gezondheidsvoorschriften visverwerkende bedrijven), also issued by the Fish Product Board. Monitoring of shellfish processing is generally carried out by the processing companies, which are obliged to apply HACCP procedures.

Generally, the evaluation of residues of veterinary drugs in foods of animal origin is done within the framework of the Veterinary Drugs Act. However, at present no veterinary drugs have been registered for use in the aquaculture sector. The evaluation of residues of pesticides in, inter alia, fish and fishery products is done within the framework of the Pesticides Act, in particular the Decree on Residues (1964)  (Residubesluit) and the Regulation on Pesticide Residues (1984)  (Regeling Residuen van Bestrijdingsmiddelen).

Miscellaneous

Aquaculture investment

GMOs
There are presently two main areas of potential application of GMO technologies in aquaculture. The first is the use of GMO vegetable products in fish feed and the use of GMOs in medicines and pharmaceuticals, and the second application is the use of GMO technologies (more specifically, transgenics) in breeding fish for commercial aquaculture use. At present, no fish farming projects are known that involve the use of GMOs. Generally, the Decree biotechnology with animals (1996) (Besluit biotechnologie bij dieren), issued under the Animal Health and Welfare Act (1992) (Gezondheids- en welzijnswet voor Dieren), requires a license of the Ministry of LNV for the use of biotechnology with animals.

At Community level, recent legislation on GMOs and GM food and feed includes Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms, and Regulation (EC) 1829/2003 of the European Parliament and of the Council on genetically modified food and feed. The latter provides for the assessment, authorisation and marketing of GM food and feed. Authorisation requires the preparation of a dossier setting out the reports of studies undertaken to demonstrate the efficacy of the product and its safety for animals, humans and the environment. The assessment of the dossier is then undertaken by the European Food Safety Authority. Products considered acceptable for both food and feed use are authorised under a Community procedure involving all Member States subject if necessary to specified conditions of use. Labelling provisions are intended to provide harmonized, objective information for the consumer. A threshold has also been set below which food and feed containing adventitious or technically unavoidable traces of genetically modified material are not subject to the labelling provisions. Provision is made for the establishment of a register, to which the public will have access, containing non-confidential information on GM foods marketed in the Community.

Also relevant is Regulation (EC) 1830/2003 of the European Parliament and of the Council concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms. The Regulation aims to harmonize Community labelling procedures and risk management measures. Each operator within the chain must implement a system for recording the operators from whom they purchased GMO products and the operators to whom they supplied such products. However, when adventitious or unintentional contamination occurs in a food or feed below the thresholds established in Regulation 1829/2003 or Directive 2001/18, notification of each operator in the supply chain will not be necessary.

References

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