2003/153/EC: Commission Decision of 3 March 2003 concerning protection measures in relation to strong suspicion of avian influenza in the Netherlands (Text with EEA relevance) (notified under document number C(2003) 735)
Date: 2003-03-03
Institutions: European Commission
Subjects: Netherlands, animal disease, health control, poultry, poultry farming, veterinary inspection

L 59/32

EN

Official Journal of the European Union

4.3.2003

COMMISSION DECISION

of 3 March 2003

concerning protection measures in relation to strong suspicion of avian influenza in the
Netherlands

(notified under document number C(2003) 735)

(Text with EEA relevance)

(2003/153/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks applicable
in intra-community trade in certain live animals and products
with a view to the completion of the internal market (1), as last
amended by Council Directive 2002/33/EC (2), and,
in parti-
cular, Article 10 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

During the night of 28 February to 1 March 2003 the
veterinary authorities of the Netherlands informed the
Commission about a strong suspicion of avian influenza
in several poultry flocks in the province of Gelderland.

Avian influenza is a highly contagious poultry disease
that can pose a serious threat for the poultry industry.

the disease,

The Dutch authorities have immediately, before the offi-
cial confirmation of
implemented the
measures foreseen in Council Directive 92/40/EEC (3)
introducing Community measures for the control of
avian influenza while further confirmatory diagnostic
procedures are carried out.

In addition, the Netherlands in cooperation with the
Commission, have put in place a nationwide standstill
for transport of live poultry and hatching eggs, which
includes a prohibition of dispatch of live poultry and
hatching eggs to Member States and third countries.
However, in view of the specificity of poultry produc-
tion, movements of day-old chicks and poultry for
immediate slaughter may be authorised within the Neth-
erlands.

These measures should be adopted at Community level
for the sake of clarity and transparency.

The situation shall be reviewed at the meeting of the
Standing Committee on the Food Chain and Animal
Health scheduled for 5 March 2003,

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 167, 22.6.1992, p. 1.

Article 1

1. Without prejudice to the measures taken by the Nether-
lands within the framework of Council Directive 92/40/EEC (4)
within the surveillance zones, the Dutch veterinary authorities
shall ensure that:

(a) no live poultry and hatching eggs are dispatched from the
Netherlands to other Member States and to third countries;

(b) no live poultry and hatching eggs are transported within

the Netherlands.

2.
By derogation from paragraph 1(b), the competent veter-
inary authority, taking all appropriate bio-security measures to
avoid the spread of the disease, may authorise as from 4 March
the transport of:

(a) poultry for immediate slaughter to a slaughterhouse that

has been designated by the competent authority;

(b) day-old chicks to a holding under official control.

Article 2

The measures of this Decision are applicable until 24.00 on 6
March 2003.

Article 3

Member States shall amend the measures which they apply to
trade so as to bring them into compliance with this Decision.
They shall immediately inform the Commission thereof.

(4) OJ L 167, 22.6.1992, p. 1.

4.3.2003

EN

Official Journal of the European Union

L 59/33

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 3 March 2003.

For the Commission

David BYRNE

Member of the Commission