2003/357/EC: Commission Decision of 16 May 2003 amending for the second time Decision 2003/290/EC concerning protective measures in relation to avian influenza in the Netherlands (Text with EEA relevance) (notified under document number C(2003) 1689)
Date: 2003-05-16
Institutions: European Commission
Subjects: Netherlands, animal disease, export, food safety, health control, health legislation, poultry, slaughter of animals, veterinary inspection

17.5.2003

EN

Official Journal of the European Union

L 123/53

COMMISSION DECISION

of 16 May 2003

amending for the second time Decision 2003/290/EC concerning protective measures in relation to
avian influenza in the Netherlands

(notified under document number C(2003) 1689)

(Only the Dutch text is authentic)

(Text with EEA relevance)

(2003/357/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,

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,

(3)

(4)

(5)

(6)

For the sake of clarity and transparency, the Commission
after consultation with the Dutch authorities, took Deci-
sion 2003/153/EC of 3 March 2003 concerning protec-
tion measures in relation to strong suspicion of avian
influenza in the Netherlands (7), thereby reinforcing the
measures taken by the Netherlands.

Subsequently Decisions 2003/156/EC (8), 2003/172/
EC (9), 2003/186/EC (10), 2003/191/EC (11), 2003/214/
EC (12), 2003/258/EC (13), 2003/290/EC (14) and Decision
2003/318/EC (15) were adopted after consultation with
the Dutch authorities and evaluation of the situation
with all Member States.

The measures
laid down in Decision 2003/290/EC
should be prolonged and adapted in the light of the
evolution of the disease.

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,

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,

HAS ADOPTED THIS DECISION:

Article 1

Whereas:

(1)

(2)

Since 28 February 2003, the Netherlands have declared
several outbreaks of highly pathogenic avian influenza.

The Netherlands took immediate action as provided for
by Council Directive 92/40/EEC of 19 May 1992 intro-
ducing Community measures for the control of avian
influenza (6), as amended by the Act of Accession of
Austria, Finland and Sweden, before the disease was offi-
cially 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.
(6) OJ L 167, 22.6.1992, p. 1.

Decision 2003/290/EC is amended as follows:

1.

in Article 3, the first paragraph shall be replaced by the
following text:

the Netherlands shall ensure that

‘Without prejudice to the measures already taken in the
framework of Directive 92/40/EEC, the competent authori-
the preventive
ties of
depopulation of poultry holdings at
risk within the
restricted zones and the zones described in the Annex and
the culling of other poultry and birds kept in these areas
which are considered to be at risk is completed as soon as
possible.’;

(7) OJ L 59, 4.3.2003, p. 32.
(8) OJ L 64, 7.3.2003, p. 36.
(9) OJ L 69, 13.3.2003, p. 27.
(10) OJ L 71, 15.3.2003, p. 30.
(11) OJ L 74, 20.3.2003, p. 30.
(12) OJ L 81, 28.3.2003, p. 48.
(13) OJ L 95, 11.4.2003, p. 65.
(14) OJ L 105, 26.4.2003, p. 28.
(15) OJ L 115, 9.5.2003, p. 86.

L 123/54

EN

Official Journal of the European Union

17.5.2003

2.

in Article 4(a) and (b) the following words shall be inserted
after the word ‘returned’:

‘after having been cleaned and disinfected in accordance
with (d) or shall be handled otherwise under official supervi-
sion and according to the instructions of the competent
authority to avoid cross contamination;’;

3.

in Article 8 the time and date ‘until 24.00 on 16 May 2003’
are replaced by ‘until 24.00 on 30 May 2003.’

This Decision is addressed to the Kingdom of the Netherlands.

Article 2

Done at Brussels, 16 May 2003.

For the Commission

David BYRNE

Member of the Commission