2003/388/EC: Commission Decision of 28 May 2003 amending for the third 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) 1787)
Date: 2003-05-28
Institutions: European Commission
Subjects: Belgium, animal disease, export, health control, health legislation, poultry, slaughter of animals, veterinary inspection

L 133/92

EN

Official Journal of the European Union

29.5.2003

COMMISSION DECISION

of 28 May 2003

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

(notified under document number C(2003) 1787)

(Only the French and Dutch texts are authentic)

(Text with EEA relevance)

(2003/388/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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 Council Directive 2002/33/EC (2), and,
in parti-
cular, 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)

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.

(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.

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
2003/356/EC (10),
Decisions
thereby reinforcing the measures taken by Belgium.

2003/317/EC (9)

and

(4)

(5)

(6)

(7)

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. As of 26 May 2003,
provided that no new outbreaks have been reported, it
seemed appropriate to limit
the trade restrictions in
force to the previously disease affected areas and an
appropriate buffer zone around these areas 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.

Furthermore certain movements of day-old chicks and
slaughter poultry should be authorised to other parts of
Belgium.

the positive disease evolution the
In the light of
measures laid down in Decision 2003/289/EC should be
further prolonged until 11 June 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,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2003/289/EC shall be amended as follows:

(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.
(10) OJ L 123, 17.5.2003, p. 51.

29.5.2003

EN

Official Journal of the European Union

L 133/93

1. In Article 1 paragraph 5 shall be inserted with the following

text:

‘5.

(a) By way of derogation from paragraphs 1 and 3(a)
and (b) the competent authorities may authorise the
transport and dispatch from the provinces of
Antwerp and Limburg to other parts of Belgium of:

— poultry for immediate slaughter to a slaughter-
house that has been designated by the competent
veterinary authorities;

— day-old chicks, ready-to-lay pullets and rearing
to a holding or shed under official

poultry,
control.

(b) The competent authorities shall ensure that

the

transport and dispatch according to paragraph (a):

— is carried out taking all appropriate bio-security
measures in accordance with Articles 4 and 5 to
avoid 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.

(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 protocols issued by the competent authorities.’

2. In Article 8 the time and date ‘until 24.00 on 30 May 2003’

are replaced by ‘until 24.00 on 11 June 2003’.

This Decision is addressed to the Kingdom of Belgium.

Article 2

Done at Brussels, 28 May 2003.

For the Commission

David BYRNE

Member of the Commission