2003/191/EC: Commission Decision of 19 March 2003 concerning protective measures in relation to avian influenza in the Netherlands (Text with EEA relevance) (notified under document number C(2003) 889)
Date: 2003-03-19
Institutions: European Commission
Subjects: Netherlands, animal disease, egg, health legislation, intra-EU trade, poultry, veterinary inspection

L 74/30

EN

Official Journal of the European Union

20.3.2003

COMMISSION DECISION

of 19 March 2003

concerning protective measures in relation to avian influenza in the Netherlands

(notified under document number C(2003) 889)

(Only the Dutch text is authentic)

(Text with EEA relevance)

(2003/191/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 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
several outbreaks of highly pathogenic avian influenza.

(6)

(7)

(8)

Furthermore all movements of live poultry and hatching
eggs within the Netherlands and their dispatch to other
Member States was prohibited.

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 such consignments in
another Member State.

For the sake of clarity and transparency the Commission
has taken Decision 2003/153/EC (4) of 3 March 2003
concerning protection measures in relation to strong
suspicion of avian influenza in the Netherlands, as
amended by Decision 2003/156/EC (5), after consultation
with the Dutch authorities,
thereby reinforcing the
measures taken by the Netherlands and granting certain
specific derogations for movements of slaughter poultry
and day-old chicks within the Netherlands.

The infection with avian influenza subtype H7N7 has
affected several poultry flocks in an area called ‘Gelderse
Vallei’.

(9)

By Commission Decisions 2003/156/EC, 2003/172/
EC (6) and 2003/186/EC (7) the measures provided for in
Decision 2003/153/EC were prolonged in view of the
evolution of the disease.

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

(10)

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) of 19
May 1992 introducing Community measures for the
control of avian influenza, as amended by the Act of
Accession of Austria, Finland and Sweden, before the
disease was officially confirmed.

the minimum
Council Directive 92/40/EEC sets out
control measures to be applied in the event of an
outbreak of avian influenza. The Member State may take
more stringent action in the field covered by this Direc-
tive if deemed necessary and proportionate to contain
the disease, taking into account the particular epidemio-
logical, animal husbandry, commercial and social condi-
tions prevailing.

The currently available epidemiological information and
the first results of the surveillance programme, carried
out nationwide in the Netherlands, suggest
the
probability of the circulation of the highly pathogenic
avian influenza virus outside the ‘Gelderse Vallei’ is low.

that

(11)

In the light of the evolution of the disease, it is appro-
priate to further prolong the measures adopted under
Decision 2003/172/EC. However, a derogation should
also be provided for as regards
the movement of
hatching eggs within the Netherlands from areas outside
the surveillance zones.

(12)

Furthermore,
the Netherlands has confirmed that the
movement of spent laying hens for immediate slaughter
and pullets in the Netherlands may be authorised from
areas outside the surveillance zones.

(1)

(2)

(3)

(4)

(5)

(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.

(4) OJ L 59, 4.3.2003, p. 32.
(5) OJ L 64, 7.3.2003, p. 36.
(6) OJ L 69, 13.3.2003, p. 27.
(7) OJ L 71, 15.3.2003, p. 30.

20.3.2003

EN

Official Journal of the European Union

L 74/31

(13)

The other Member States have already adjusted the
measures they apply to trade, and they are sufficiently
informed by the Commission, and in particular in the
context of the Standing Committee on the Food Chain
and Animal Health on the appropriate period for their
implementation.

(14)

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,

HAS ADOPTED THIS DECISION:

Article 1

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

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

appropriate

authority,

taking

(a) poultry for immediate slaughter,

laying
hens, to a slaughterhouse, that has been designated by the
competent veterinary authority;

including spent

(b) day-old chickens and pullets to a holding under official

control;

(c) hatching eggs to a hatchery under official control.

Article 2

This Decision shall apply from 21 March 2003 until 24.00
(midnight) on 27 March 2003.

This Decision is addressed to the Netherlands.

Article 3

Done at Brussels, 19 March 2003.

For the Commission

David BYRNE

Member of the Commission