2003/387/EC: Commission Decision of 28 May 2003 amending for the third 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) 1786)
Date: 2003-05-28
Institutions: European Commission
Subjects: Netherlands, animal disease, export, health control, health legislation, poultry, slaughter of animals, veterinary inspection

29.5.2003

EN

Official Journal of the European Union

L 133/91

COMMISSION DECISION

of 28 May 2003

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

(notified under document number C(2003) 1786)

(Only the Dutch text is authentic)

(Text with EEA relevance)

(2003/387/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)

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 (6) of 19 May 1992
introducing Community measures for the control of
avian influenza, as amended by the Act of Accession of
Austria, Finland and Sweden, before the disease was offi-
cially confirmed.

For the sake of clarity and transparency the Commission
after consultation with the Dutch authorities, has taken
Decision 2003/153/EC (7) of 3 March 2003 concerning

protection measures in relation to strong suspicion of
avian influenza in the Netherlands, 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), 2003/318/
EC (15) and Decision 2003/357/EC (16) 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 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,

(4)

(5)

(6)

HAS ADOPTED THIS DECISION:

Article 1

In Article 8 of Decision 2003/290/EC the time and date ‘until
24.00 on 30 May 2003’ are replaced by ‘until 24.00 on 17
June 2003’.

This Decision is addressed to the Kingdom of the Netherlands.

Article 2

Done at Brussels, 28 May 2003.

For the Commission

David BYRNE

Member of the Commission

(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 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.
(16) OJ L 123, 17.5.2003, p. 53.