2003/289/EC: Commission Decision of 25 April 2003 concerning protection measures in relation to avian influenza in Belgium (Text with EEA relevance) (notified under document number C(2003) 1438)
Date: 2003-04-25
Institutions: European Commission
Subjects: Belgium, animal disease, export, food safety, health control, health legislation, poultry, slaughter of animals, veterinary inspection

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Official Journal of the European Union

26.4.2003

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 25 April 2003

concerning protection measures in relation to avian influenza in Belgium

(notified under document number C(2003) 1438)

(Only the French and Dutch texts are authentic)

(Text with EEA relevance)

(2003/289/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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

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,

Having regard to Council Directive 89/662/EEC of 11
December 1989 concerning veterinary checks in intra-Commu-
the internal
nity trade with a view to the completion of
market (3), as last amended by Directive 92/118/EEC (4),
in
particular Article 9 thereof,

Having regard to Council Directive 2002/99/EC of 16
December 2002 laying down the animal health rules governing
the production, processing, distribution and introduction of
products of animal origin for human consumption (5), and in
particular Article 4(1) and (3) thereof,

Whereas:

(1)

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, which
was subsequently officially confirmed.

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 395, 30.12.1989, p. 13.
(4) OJ L 62, 15.3.1993, p. 49.
(5) OJ L 18, 23.1.2003, p. 11.

(3)

(4)

(5)

The Belgian authorities have immediately, before the
official confirmation of
implemented the
measures foreseen in Council Directive 92/40/EEC of 19
May 1992 introducing Community measures for the
control of avian influenza (6).

the disease,

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

The Belgian authorities have in cooperation 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.

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

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(6)

(7)

(8)

(9)

(10)

(11)

For the sake of clarity and transparency the Commission
after consultation with the Belgian authorities, thereby
reinforcing the measures taken by Belgium, has taken
Decision 2003/275/EC of 16 April 2003 concerning
protection measures in relation to strong suspicion of
avian influenza in Belgium (1).

Council Decision 90/424/EEC of 26 June 1990 on
expenditure in the veterinary field (2), as last amended by
Decision 2001/572/EC (3), establishes in Article 3(4) that
the Commission may lay down any measures which the
Member State concerned must take in order to ensure
the success of the action;
it appears appropriate that
taking into account the existing situation in Belgium, all
poultry within a surrounding zone of an outbreak of
avian influenza should be preventively depopulated.

In order to better understand the epidemiology of the
disease a serological survey shall be carried out in pigs
that are kept on holdings where poultry have been
found infected with avian influenza.

The Belgian authorities should furthermore ensure that
precautionary measures are taken for persons at risk.

The measures
laid down in Decision 2003/275/EC
should be prolonged and adapted in the light of the
evolution of the disease.

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.

(12)

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 Belgium
within the framework of Directive 92/40/EEC applied to the
surveillance zones,
shall
ensure that no live poultry, hatching eggs and fresh, unpro-
cessed and non-heat-treated poultry manure or
litter are
dispatched from Belgium to other Member States and to third
countries.

the Belgian veterinary authorities

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

the Belgian veterinary authorities

(1) OJ L 99, 17.4.2003, p. 57.
(2) OJ L 224, 18.8.1990, p. 19.
(3) OJ L 203, 28.7.2001, p. 16.

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

Article 2

Fresh poultrymeat 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 to Directive 2002/99/EC.

Article 3

Without prejudice to the measures already taken in the frame-
work of Directive 92/40/EEC, Belgium shall ensure that the
preventive depopulation of poultry holdings in the area as
described in the Annex 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.

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Article 4

(b) vaccination against human influenza;

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

(c) prophylactic antiviral treatment.

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
the packaging,
veterinary authority shall ensure
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 case of slaughter
In addition,
poultry originating from another Member State, the compe-
tent 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 5

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

1.
The Belgian authorities shall ensure that appropriate
precautionary measures are adopted as regards the prevention
of influenza infections in poultry workers and other persons at
risk. These measures may include:

(a) the use of protective clothing, gloves and glasses;

The Belgian authorities

2.
inform the
Commission in the framework of the Standing Committee of
the Food Chain and Animal Health of the measures adopted.

regularly

shall

Article 7

1.
The Belgian authorities shall carry out serological investi-
gations in pigs kept on all holdings where poultry have been
found infected with avian influenza.

In case of positive findings the pigs may only be moved
2.
to other pig holdings or a slaughterhouse following authorisa-
tion by the competent veterinary authority if subsequent appro-
priate tests have revealed that the risk of spread of avian influ-
enza viruses is negligible.

3. Movement to other pig holdings may take place only after
all restrictions related to avian influenza in the holding of
origin have been lifted.

The Belgian authorities

inform the
4.
Commission in the framework of the Standing Committee of
the Food Chain and Animal Health of the results of the survey.

regularly

shall

Article 8

This Decision shall apply from 00.00 on 26 April 2003 until
24.00 on 12 May 2003.

Article 9

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 25 April 2003.

For the Commission

David BYRNE

Member of the Commission

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ANNEX

Het toezichtsgebied Limburg, afgebakend op 20 april 2003 om 10.00 uur, omvat het deel van het Belgische grondgebied
dat gelegen is binnen de omtrek gevormd door:

— de N74 vanaf de Nederlandse grens in zuidelijke richting tot aan de Overpelterbaan (Overpelt),

— vervolgens de Overpelterbaan in zuidelijke richting tot aan de kruising met de N747,

— vervolgens de N747 in zuidelijke richting tot aan de kruising met de N15,

— vervolgens de N15 in zuidelijke richting tot aan de kruising met de E314 (A2),

— vervolgens de E314 (A2) in oostelijke richting tot aan de kruising met de gemeentegrens tussen Houthalen-Helch-

teren en Genk,

— vervolgens de gemeentegrens tussen Houthalen-Helchteren en Genk, tussen Opglabbeek en achtereenvolgens As en
Maaseik, en tussen Meeuwen-Gruitrode en Maaseik in noordoostelijke richting tot aan de kruising met de N771,

— vervolgens de N771 in zuidoostelijke richting en voorbij de kruising met de N78 in dezelfde richting verlengd tot

aan de grens met Nederland,

— vervolgens de grens met Nederland in noordelijke richting tot aan de N74.