2003/358/EC: Commission Decision of 16 May 2003 concerning protection measures in relation to of avian influenza in Germany (Text with EEA relevance) (notified under document number C(2003) 1690)
Date: 2003-05-16
Institutions: European Commission
Subjects: Germany, animal disease, animal product, egg, export restriction, health control, poultry, veterinary inspection

17.5.2003

EN

Official Journal of the European Union

L 123/55

COMMISSION DECISION

of 16 May 2003

concerning protection measures in relation to of avian influenza in Germany

(notified under document number C(2003) 1690)

(Only the German text is authentic)

(Text with EEA relevance)

(2003/358/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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,

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)

(2)

(3)

On 9 May the veterinary authorities of Germany
informed the Commission about a strong suspicion of
highly pathogenic avian influenza in a poultry flock in
the Land of North Rhine-Westphalia, which was
confirmed on 13 May 2003.

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

The German authorities immediately, before the official
confirmation of the disease, implemented the measures
laid down in Council Directive 92/40/EEC (6) introducing
Community measures for the control of avian influenza.

(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.

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

For the sake of clarity and transparency, the Commis-
sion, after consultation with the German authorities,
adopted Decision 2003/333/EC of 12 May 2003
concerning protection measures in relation to strong
suspicion of avian influenza in Germany (7),
thereby
reinforcing the measures taken by the German authori-
ties.

Fresh poultry meat destined for intra-Community trade
has to be marked with a health mark in accordance with
the health mark set out in Chapter XII of Annex I to
Directive 71/118/EEC (8), as last amended by Council
Directive 97/79/EC (9). 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.

(5)

(6)

(7)

(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.

(7) OJ L 116, 13.5.2003, p. 28.
(8) OJ L 55, 8.3.1971, p. 23.
(9) OJ L 13, 16.1.1997, p. 18.

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Official Journal of the European Union

17.5.2003

(9)

(10)

(11)

(12)

(13)

(14)

Council Decision 90/424/EEC on expenditure in the
veterinary field (1), as last amended by Decision 2001/
572/EC (2), establishes in Article 3(4) that the Commis-
sion may lay down any measures which the Member
State concerned must take in order to ensure the success
it appears appropriate that taking into
of the action;
account the existing situation in Germany, all poultry
within a surrounding zone of an outbreak of avian influ-
enza should be preventively depopulated.

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.

taking

authority,

By way of derogation from paragraph 3, the competent
4.
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;

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

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

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.

The situation shall be reviewed at the meeting of the
Standing Committee on the Food Chain and Animal
Health scheduled for 28 May 2003.

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,

If live poultry transported in accordance with point (a) or (b)
originate in a part of Germany outside of the Annex or in
another Member State or third country, the transport has to be
authorised by the German authorities and by the competent
authority of the Member State or third country of dispatch.

taking

authority,

appropriate

By way of derogation from paragraph 3 the competent
5.
veterinary
bio-security
all
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 its Article 9(4)(a), (b) and (c), which shall be transported
under official control to holdings within the area described in
the Annex.

HAS ADOPTED THIS DECISION:

Article 1

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

2. Without prejudice to paragraph 1, animal health certifi-
cates accompanying consignments of live poultry and hatching
eggs originating from Germany not listed in the Annex, shall
this
include the words:
consignment are in accordance with Decision 2003/358/EC’.

‘The animal health conditions of

3. Without prejudice to the measures taken by Germany
within the framework of Council 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.

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

6.

(a) By way of derogation from paragraphs 1 and 4(a) and
(b) the competent authorities of Germany may authorise
the transport and dispatch from the area in Annex, part
B, to other parts of Germany not listed in the Annex, of:

— poultry for immediate slaughter to a slaughterhouse
that has been designated by the competent veter-
inary authorities,

— day-old chicks to a holding or shed under official

control, where no other poultry is kept.

(b) The competent authorities shall ensure that the trans-

port and dispatch according to paragraph (a):

— is carried out

taking all appropriate bio-security
measures in accordance with Articles 4 and 5 to
avoid the spread of avian influenza,

— is authorised by the

competent authorities of

dispatch and of destination,

— is carried out on a prescribed route directly from the
place of loading to the place of destination without
any further loading or unloading of poultry and
other material liable to spread the disease.

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Official Journal of the European Union

L 123/57

(c) The dispatched poultry and day-old chicks must
undergo a clinical examination at the place of dispatch
and at the place of destination according to the proto-
cols issued by the competent authorities.

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;

(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,
the competent authorities of
the preventive depopulation of
Germany shall ensure that
poultry holdings at risk within the restricted zones 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.

The precautionary measures referred to in the first subpara-
graph shall be taken without prejudice to Council Decision 90/
424/EEC.

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 Annex:

otherwise under official supervision and according to the
instructions of
the competent authority to avoid cross
contamination;

(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 point (d). In addition, in case of slaughter
poultry originating from an area outside the Annex or
another Member State, the competent veterinary authority
the crates, cages and containers are
shall ensure that
directly returned after having been cleaned and disinfected
in accordance with point (d) or shall be handled otherwise
under official supervision and according to the instructions
of the competent authority to avoid cross contamination;

(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.

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:

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

(b) vaccination against human influenza;

(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 point (d). In addition, in case
of table eggs originating from an area outside of the Annex
or
competent veterinary
authority shall ensure that the packaging, containers, trays
and other non-disposable equipment used for their trans-
port are directly returned after having been cleaned and
disinfected in accordance with point (d) or shall be handled

another Member State,

the

The German authorities

regularly inform the
2.
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.

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Official Journal of the European Union

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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.

This Decision shall apply until 24.00 on 30 May 2003.

Article 8

This Decision is addressed to the Federal Republic of Germany.

Article 9

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.

Done at Brussels, 16 May 2003.

The German authorities

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

shall

For the Commission

David BYRNE

Member of the Commission

ANNEX

The Land of North Rhine-Westphalia in the German territory consisting of:

part A: area situated west of the Rhine,

part B: area situated east of the Rhine.