2003/173/EC: Commission Decision of 12 March 2003 concerning protective measures in relation to a strong suspicion of avian influenza in Belgium (Text with EEA relevance) (notified under document number C(2003) 828)
Date: 2003-03-12
Institutions: European Commission
Subjects: Belgium, animal disease, egg, health legislation, intra-EU trade, poultry, veterinary inspection

13.3.2003

EN

Official Journal of the European Union

L 69/29

concerning protective measures in relation to a strong suspicion of avian influenza in Belgium

COMMISSION DECISION

of 12 March 2003

(notified under document number C(2003) 828)

(Text with EEA relevance)

(2003/173/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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:

(6)

(7)

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 13 March 2003,

HAS ADOPTED THIS DECISION:

Article 1

Late on 11 March 2003 the veterinary authorities of
Belgium have informed the Commission about a strong
suspicion of avian influenza in a poultry flock in the
province of Antwerp.

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

(a) no live poultry and hatching eggs are dispatched from

Belgium to other Member States and third countries;

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

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

Belgium.

The Belgium authorities have immediately, before the
implemented the
official confirmation of the disease,
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, Belgium in cooperation with the Commis-
sion, has put in place a nation-wide standstill for trans-
port of live poultry and hatching eggs, which includes a
prohibition of dispatch of live poultry and hatching eggs
to Member States. However, in view of the specificity of
poultry production, movements of day-old chicks and
poultry for
immediate slaughter may be authorised
within Belgium.

The same prohibitions should apply to exports to third
countries in order to protect their health status and to
prevent the risk of re-entry of these consignments in
another Member State.

(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.

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 13
March 2003 at 24.00 (midnight) 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

This Decision is applicable until 20 March 2003 at 24.00
(midnight) unless the suspicion has been officially ruled out by
laboratory testing.

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.

(1)

(2)

(3)

(4)

(5)

L 69/30

EN

Official Journal of the European Union

13.3.2003

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 12 March 2003.

For the Commission

David BYRNE

Member of the Commission