2003/333/EC: Commission Decision of 12 May 2003 concerning protection measures in relation to a strong suspicion of avian influenza in Germany (Text with EEA relevance) (notified under document number C(2003) 1591)
Date: 2003-05-12
Institutions: European Commission
Subjects: allergy, animal disease, egg, health control, intra-EU trade, poultry, veterinary inspection

L 116/28

EN

Official Journal of the European Union

13.5.2003

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

COMMISSION DECISION

of 12 May 2003

(notified under document number C(2003) 1591)

(Text with EEA relevance)

(2003/333/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(4) 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,

Whereas:

(1)

(2)

(3)

(4)

(5)

On 9 May 2003 the veterinary authorities of Germany
have informed the Commission about a strong suspicion
of avian influenza in a poultry flock in the Land of North
Rhine-Westphalia.

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

The German authorities have immediately, before the
implemented the
official confirmation of the disease,
measures foreseen in Council Directive 92/40/EEC of 19
May 1992 introducing Community measures for the
control of avian influenza (5), while further confirmatory
diagnostic procedures are carried out.

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 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 German authorities have, in cooperation with the
Commission, put in place a standstill
in the Land of
North Rhine-Westphalia for transport of live poultry and
hatching eggs, which includes a prohibition of dispatch
of live poultry and hatching eggs. However, in view of

(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 167, 22.6.1992, p. 1.

the specificity of poultry production, movements of
hatching eggs, day-old chicks, ready-to-lay pullets and
immediate slaughter may be authorised
poultry for
within the Land of North Rhine-Westphalia. Furthermore
the dispatch of fresh, unprocessed manure and litter of
poultry should also be prohibited from the Land of
North Rhine-Westphalia.

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 to
Council Directive 71/118/EEC (6), as last amended by
Directive 97/79/EC (7). In order to allow the marketing
on the German 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 in accordance to Article 4(1) and (3)
of 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 (8).

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

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.

(6)

(7)

(8)

(9)

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

(10)

(11)

(12)

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 German authorities.

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

The situation shall be reviewed at the meeting of the
Standing Committee on the Food Chain and Animal
Health scheduled for 15 May 2003,

(6) OJ L 55, 8.3.1971, p. 23.
(7) OJ L 24, 30.1.1998, p. 31.
(8) OJ L 18, 23.1.2003, p. 11.

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HAS ADOPTED THIS DECISION:

Article 1

1. Without prejudice to the measures taken by Germany
within the framework of Directive 92/40/EEC applied to the
surveillance zones,
the German veterinary authorities shall
ensure that no live poultry, hatching eggs and fresh, unpro-
litter, are
cessed, and non-heat-treated poultry manure or
dispatched from the area described in the Annex to other parts
of Germany, to other Member States and third countries.

2. Without prejudice to the measures taken by Germany
within the framework of Directive 92/40/EEC within the
surveillance zones,
the German veterinary authorities shall
ensure that no live poultry and hatching eggs are transported
within the area described in the Annex.

taking

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 within
the area described in the Annex from areas situated outside the
surveillance zones of:

appropriate

(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 a part of Germany outside of the Annex or in another
Member State or
the transport has to be
authorised by the German authorities and by the competent
authority of the Member State or third country of dispatch.

third country,

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
Directive 92/40/EEC, and in particular in respect to movements
of day-old chicks in accordance with the provisions of
its
Article 9(4)(a), (b) and (c), which shall be transported under
official control to holdings within the area described in the
Annex.

Article 2

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;

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, Germany 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 paragraph
shall be taken without prejudice to Council Decision 90/424/
EEC (1), 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 Germany shall ensure that in
the area described in the Annex:

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 an area outside of the Annex or
another Member State, the competent veterinary authority
shall ensure that the packaging, containers, trays and other
transport are
non-disposable equipment used for
returned;

their

(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 an area outside the Annex or
another Member State, the competent veterinary authority
shall ensure that
the crates, 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 Germany shall ensure
that, in the area described in the Annex, stringent bio-security
measures are taken at 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 shall aim in
particular at avoiding risky contacts of poultry,
transport
means, equipment and people entering or leaving poultry
farms, egg packing stations, hatcheries, slaughterhouses, feed-
mills, litter processing and rendering plants. For this purpose
all poultry farmers shall keep a register of all professional visits
to their farms as well as their professional visits to other
poultry holdings.

(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

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

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Article 6

1.
The German 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:

The German authorities

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

shall

Article 8

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

This Decision shall apply until 24.00 hours on 16 May 2003.

(b) vaccination against human influenza;

(c) prophylactic antiviral treatment.

The German authorities

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

shall

Article 7

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

2.
In case of positive findings the pigs may only be moved
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.

Article 9

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 Commis-
sion thereof.

Article 10

This Decision is addressed to the Member States.

Done at Brussels, 12 May 2003.

For the Commission

David BYRNE

Member of the Commission

In Germany the Land of North Rhine-Westphalia.

ANNEX