2003/275/EC: Commission Decision of 16 April 2003 concerning protection measures in relation to a strong suspicion of avian influenza in Belgium (Text with EEA relevance) (notified under document number C(2003) 1335)
Date: 2003-04-16
Institutions: European Commission
Subjects: Belgium, animal disease, egg, health control, health legislation, intra-EU trade, poultry

17.4.2003

EN

Official Journal of the European Union

L 99/57

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

COMMISSION DECISION

of 16 April 2003

(notified under document number C(2003) 1335)

(Text with EEA relevance)

(2003/275/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Commu-
nity,

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 (3) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

On 16 April 2003 the veterinary authorities of Belgium
have informed the Commission about a strong suspicion
of avian influenza in the province of Limburg.

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

The Belgian authorities have immediately, before the
official confirmation of the disease,
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.

Council Directive 92/40/EEC sets out
the minimum
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 Belgian authorities have in co-operation with the
Commission, put in place a nation-wide 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 hatching eggs, day-old chicks, ready-
to-lay pullets and poultry for immediate slaughter may
be authorised within Belgium. Furthermore the dispatch

to Member States and third countries of fresh, unpro-
cessed manure and litter of poultry should also be
prohibited.

Fresh poultry meat destined for intra-Community trade
has to be marked with a health mark in accordance with
the health mark foreseen in Chapter XII of Annex I of
Directive 71/118/EEC (4), as last amended by Council
Directive 97/79/EC (5). In order to allow the marketing
on the Belgian market of fresh poultry meat obtained
from poultry originating from the established surveil-
lance zones special provisions for its health marking
shall be laid down.

The Belgian authorities should reinforce bio-security and
hygiene measures including cleaning and disinfection
procedures to prevent the further spread of the disease
at all levels of poultry and egg production.

In order to avoid the spread of the infection and after
evaluation of the epidemiological situation the preven-
tive culling of poultry at risk may be appropriate and
decided by the Belgian authorities.

These measures should be urgently adopted by the
Commission for the sake of clarity and transparency, in
collaboration with the Belgian authorities.

(6)

(7)

(8)

(9)

(10)

The situation shall be reviewed at the meeting of the
Standing Committee on the Food Chain and Animal
Health scheduled for 23 April 2003,

HAS ADOPTED THIS DECISION:

Article 1

1. Without prejudice to the measures taken by Belgium
within the framework of Council Directive 92/40/EEC applied
to the surveillance zones, the Belgian veterinary authorities
shall ensure that no live poultry, hatching eggs and fresh,
unprocessed and non-heat-treated poultry manure or litter are
dispatched from Belgium to other Member States and to third
countries.

(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 55, 8.3.1971, p. 23.
(5) OJ L 13, 16.1.1997, p. 18.

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Official Journal of the European Union

17.4.2003

2. Without prejudice to the measures taken by Belgium
within the framework of Council Directive 92/40/EEC within
the surveillance zones the Belgian veterinary authorities shall
ensure that no live poultry and hatching eggs are transported
within Belgium.

authority,

By way of derogation from paragraph 2 the competent
3.
veterinary
bio-security
all
measures in accordance with Articles 4 and 5 to avoid the
spread of avian influenza, may authorise the transport from
areas situated outside the surveillance zones of:

appropriate

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 chicks and ready-to-lay pullets to a holding under

official control, where no other poultry is kept;

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

If live poultry transported in accordance with (a) or (b) origi-
nate in another Member State or third country the transport
has to be approved by the Belgian authorities and the compe-
tent authority of
third country of
the Member State or
dispatch.

taking

authority,

appropriate

By way of derogation from paragraph 2 the competent
4.
bio-security
all
veterinary
measures to avoid the spread of avian influenza, may authorise
transport of live poultry and hatching eggs not prohibited by
Council Directive 92/40/EEC and in particular in respect to
movements of day-old chicks in accordance with the provisions
of Article 9 paragraph 4 (a), (b) and (c), which shall be trans-
ported to holdings within Belgium under official control.

Article 3

Without prejudice to the measures already taken in the frame-
work of Directive 92/40/EEC, Belgium shall ensure that the
preventive emptying and culling of poultry in holdings and
areas at risk is completed as soon as possible.

The precautionary measures referred to in the first subpara-
graph shall be taken without prejudice to Council Decision 90/
424/EEC (1) on expenditure in the veterinary field as last
amended by Decision 2001/572/EC (2).

Article 4

In order to enhance bio-security in the poultry sector, the
competent veterinary authority of Belgium shall ensure that:

in disposable packaging or

(a) table eggs shall only be transported from a holding to a
in
packing station either
containers,
trays and other non-disposable equipment,
which must be cleaned and disinfected before and after
each use in accordance with d). In addition, in case of table
eggs originating from another Member State, the competent
veterinary authority shall ensure
the packaging,
containers, trays and other non-disposable equipment used
for their transport are returned;

that

(b) slaughter poultry intended for immediate slaughter shall be
transported with trucks and in crates or cages which must
be cleaned and disinfected before and after each use in
accordance with d). In addition, in case of slaughter poultry
originating from another Member State,
the competent
veterinary authority shall ensure that the crates and cages
and containers are returned;

(c) day-old chicks are transported in disposable packing mate-

rial to be destroyed after use;

(d) the disinfectants and the method of cleaning and disinfec-

tion must be approved by the competent authority.

Article 2

Article 5

Fresh poultry meat obtained from slaughter poultry transported
by taking all appropriate bio-security measures in accordance
with Articles 4 and 5 and originating from the established
surveillance zones:

(a) shall be marked with a round format mark in accordance
with the further requirements of the competent authorities;

(b) shall not be dispatched to other Member States or third

countries;

(c) must be obtained, cut, stored and transported separately
from other fresh poultry meat destined for intra-Commu-
nity trade and for exports to third countries and must be
used in such a way as to avoid it being introduced into
meat products or meat preparations intended for intra-
Community trade or for export to third countries, unless it
has undergone the treatment specified in table 1 (a),(b) or
(c) of Annex III of Directive 2002/99/EC.

The competent veterinary authority of Belgium shall ensure
that stringent bio-security measures are taken on all levels of
poultry and egg production in order to avoid risky contacts
that may cause the spread of avian influenza between farms.
These measures aim in particular to avoid risky contacts of
poultry, transport means, equipment and people entering or
leaving poultry farms, egg packing stations, hatcheries, slaugh-
terhouses, feedmills, litter processing and rendering plants. For
this purpose all poultry farmers shall keep a register for all
professional visits to their farms as well as their professional
visits to other poultry holdings.

Article 6

This Decision shall apply until 24.00 hours on 25 April 2003.

(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 203, 28.7.2001, p. 16.

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

Article 7

This Decision is addressed to the Member States.

Article 8

Done at Brussels, 16 April 2003.

For the Commission

David BYRNE

Member of the Commission