2003/356/EC: Commission Decision of 16 May 2003 amending for the second time Decision 2003/289/EC concerning protection measures in relation to avian influenza in Belgium (Text with EEA relevance) (notified under document number C(2003) 1688)
Date: 2003-05-16
Institutions: European Commission
Subjects: Belgium, 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 123/51

COMMISSION DECISION

of 16 May 2003

amending for the second time Decision 2003/289/EC concerning protection measures in relation
to avian influenza in Belgium

(notified under document number C(2003) 1688)

(Only the French and Dutch texts are authentic)

(Text with EEA relevance)

(2003/356/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,

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 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.

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

For the sake of clarity and transparency the Commission
after consultation with the Belgian authorities, has taken
Decision 2003/275/EC (7) of 16 April 2003 concerning
protection measures in relation to strong suspicion of
avian influenza in Belgium, which has been subsequently
replaced by Decision 2003/289/EC (8), as amended by
Decision 2003/317/EC (9),
the
measures taken by Belgium.

reinforcing

thereby

(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.
(7) OJ L 99, 17.4.2003, p. 57.
(8) OJ L 105, 26.4.2003, p. 24.
(9) OJ L 115, 9.5.2003, p. 82.

(4)

(5)

(6)

(7)

(8)

Since 27 April no further cases of avian influenza have
been recorded and no suspicions have been raised in
Belgium, so that it can be concluded that the disease has
been successfully controlled. The poultry holdings in the
established buffer zones have been depopulated and
restocking will start following a waiting period after
cleaning and disinfection has been carried out.

Following a further waiting period until 26 May 2003,
provided that no new outbreaks have been reported it
would seem appropriate to limit the trade restrictions in
force to the previously disease affected areas and an
appropriate buffer zone around this area and to allow
trade in live poultry and poultry products from the rest
of the Belgian territory, which could then be considered
as free of avian influenza.

The animal health certificates to be possibly used as
from 27 May 2003 for consignments of live poultry and
hatching eggs originating from the regionalised area in
Belgium and destined for another Member State or third
country should be amended accordingly.

The measures
laid down in Decision 2003/289/EC
should be further 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,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2003/289/EC is amended as follows:

1. In Article 3 the first paragraph shall be replaced by the

following text:

‘Without prejudice to the measures already taken in the
framework of Directive 92/40/EEC, the competent authori-
ties of Belgium shall ensure that the preventive 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.’

L 123/52

EN

Official Journal of the European Union

17.5.2003

2. A new Article 7a is added as follow:

‘Article 7a

However as of midnight 26 May 2003, if

1.
(a) no further outbreaks of avian influenza are reported in

Belgium before 17.00 on 26 May 2003, and

(b) all the clinical examinations and laboratory tests carried
out
infected,
in Belgium in relation to holdings
suspected or suspected to be contaminated with avian
influenza have given negative results,

Article 1 shall be replaced by the following:

“Article 1

taken by
1. Without prejudice to the measures
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 the
provinces of Antwerp and Limburg, to other parts of
Belgium, other Member States and to third countries.

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

By way of derogation from paragraph 2 the
3.
competent veterinary authority, taking all appropriate
bio-security 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:
(a) poultry for immediate slaughter,

including spent
laying hens, to a slaughterhouse that has been desig-
nated by the competent veterinary authority;

(b) day-old chicks and ready-to-lay pullets to a holding
or shed 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)
originate in another Member State or third country the
transport has to be approved by the Belgian authorities
and the competent authority of the Member State or
third country of dispatch.

By way of derogation from paragraph 2 the
4.
competent veterinary authority, taking all appropriate
bio-security measures to avoid the spread of avian influ-
enza, 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
transported to holdings within provinces of Antwerp
and Limburg under official control.”

2.
For the purpose of paragraph 1, Belgium shall inform
the Commission and the Member States on 26 May 2003
on the compliance with the conditions set up in paragraph
1.

accompanying consignments of

3. Without prejudice to Article 1 paragraph 1 animal
health certificates
live
poultry and hatching eggs originating and/or coming from
the territory of Belgium with the exception of the provinces
of Antwerp and Limburg to be signed as of 27 May 2003,
provided the conditions laid down in paragraph 2 are
fulfilled, shall include the words: “The animal health condi-
tions of this consignment are in accordance with Decision
2003/356/EC”.’

3. In Article 4 paragraph (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;’.

4. In Article 8 the time and date ‘until 24.00 on 16 May 2003’

are replaced by ‘until 24.00 on 30 May 2003’.

Article 2

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 16 May 2003.

For the Commission

David BYRNE

Member of the Commission