2003/172/EC: Commission Decision of 12 March 2003 concerning protective measures in relation to avian influenza in the Netherlands (Text with EEA relevance) (notified under document number C(2003) 820)
Date: 2003-03-12
Institutions: European Commission
Subjects: Netherlands, animal disease, egg, health legislation, intra-EU trade, poultry, veterinary inspection

13.3.2003

EN

Official Journal of the European Union

L 69/27

COMMISSION

COMMISSION DECISION

of 12 March 2003

concerning protective measures in relation to avian influenza in the Netherlands

(notified under document number C(2003) 820)

(Text with EEA relevance)

(2003/172/EC)

(5)

(6)

(7)

(8)

(9)

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.

For the sake of clarity and transparency the Commission
has taken Decision 2003/153/EC (4) in cooperation with
the Dutch authorities, reinforcing the measures taken by
the Netherlands and granting some specific derogations
for movements of slaughter poultry and day-old chicks
within the Netherlands.

Decision 2003/157/EC prolonged those protective
measures which are applicable until 13 March 2003.

A further prolongation should be provided in the light
of the disease evolution.

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

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 Directive 2002/33/EC of the European Parliament
and of the Council (2), and in particular Article 10 thereof,

Whereas:

Since 28 February 2003 the Netherlands have declared
outbreaks of highly pathogenic avian influenza, which
were officially confirmed on 4 March 2003.

The infections with avian influenza subtype H7N7 have
affected several poultry flocks in the province of Gelder-
land.

(1)

(2)

(3)

(4)

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

Article 1

HAS ADOPTED THIS DECISION:

In view of the high mortality and the rapid spread of the
infection the Netherlands took immediate action as
provided for by Council Directive 92/40/EEC (3) introdu-
cing Community measures for the control of avian influ-
enza, as amended by the Act of Accession of Austria,
Finland and Sweden, before the disease was officially
confirmed. Furthermore, all movements of live poultry
and hatching eggs within the Netherlands and their
dispatch to other Member States was prohibited.

(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.

1. Without prejudice to the measures taken by the Nether-
lands within the framework of Council Directive 92/40/EEC (5)
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.

(4) OJ L 59, 4.3.2003, p. 32.
(5) OJ L 167, 22.6.1992, p. 1.

L 69/28

EN

Official Journal of the European Union

13.3.2003

By way of derogation from paragraph 1(b) the competent
2.
veterinary
bio-security
all
measures to avoid the spread of the disease, may authorise the
transport of:

appropriate

authority,

taking

and they shall give immediate appropriate publicity to the
measures adopted. They shall immediately inform the Commis-
sion thereof.

(a) poultry for immediate slaughter to a slaughterhouse, that

has been designated by the competent authority;

Article 4

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

This Decision is addressed to the Member States.

Article 2

This Decision shall apply until 14 March 2003 at 24.00
(midnight).

Done at Brussels, 12 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

For the Commission

David BYRNE

Member of the Commission