2003/386/EC: Commission Decision of 28 May 2003 amending Decision 2003/358/EC concerning protection measures in relation to avian influenza in Germany (Text with EEA relevance) (notified under document number C(2003) 1785)
Date: 2003-05-28
Institutions: European Commission
Subjects: Germany, animal disease, export, health control, health legislation, poultry, slaughter of animals, veterinary inspection

29.5.2003

EN

Official Journal of the European Union

L 133/89

COMMISSION DECISION

of 28 May 2003

amending Decision 2003/358/EC concerning protection measures in relation to avian influenza in
Germany

(notified under document number C(2003) 1785)

(Only the German text is authentic)

(Text with EEA relevance)

(2003/386/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 Council Directive 2002/33/EC (2), and,
in parti-
cular, 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 have
informed the Commission about a strong suspicion of
highly pathogenic avian influenza in a poultry flock in
the Land of North Rhine-Westphalia, which has been
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 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.

(4)

(5)

(6)

(7)

(8)

For the sake of clarity and transparency the Commission
after consultation with the German authorities, has
adopted Decision 2003/333/EC (7) of 12 May 2003
concerning protection measures in relation to strong
suspicion of avian influenza in Germany, thereby rein-
forcing the measures taken by the German authorities.
Subsequently Decision 2003/358/EC (8) was adopted to
prolong and amend the measures.

Since the first outbreak confirmed on 13 May 2003, no
further outbreaks have been recorded in Germany.

The protection measures taken by the German authori-
ties should be prolonged until 17 June 2003 and
amended in the light of the positive evolution of the
disease, by reducing the restricted area as of 8 June,
provided no further outbreaks occur.

The situation shall be reviewed at the meeting of the
Standing Committee on the Food Chain and Animal
Health scheduled for 13 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 2003/358/EC shall be amended as follows:

1. Article 1 paragraph 6(a) shall be replaced by the following

text:

‘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
described in part B of the Annex to other parts of
Germany not listed in the Annex, of:

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

— day-old chicks and ready-to-lay pullets,

to a
holding or shed under official control where no
other poultry is kept.’

(7) OJ L 116, 13.5.2003, p. 28.
(8) OJ L 123, 17.5.2003, p. 55.

L 133/90

EN

Official Journal of the European Union

29.5.2003

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

‘Article 7a

However as of midnight 8 June 2003, if

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

Germany before 17.00 on 8 June 2003, and

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

the Annex shall be replaced by the Annex to this Decision
and paragraph 6(a) of Article 1 is replaced by the following
text:

“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
described in the Annex to other parts of Germany
not listed in the Annex, of:
— poultry for immediate slaughter to a slaughter-
house that has been designated by the competent
veterinary authorities;

— day-old chicks and ready-to-lay pullets

to a
holding or shed under official control, where no
other poultry is kept.”

2.
For the purpose of paragraph 1, Germany shall inform
the Commission and the Member States on 8 June 2003 on
the compliance with the conditions set up in paragraph 1.’

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

are replaced by ‘until 24.00 on 17 June 2003.’

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 28 May 2003.

For the Commission

David BYRNE

Member of the Commission

On the German territory: the area of the Land of North Rhine-Westphalia located west of the Rhine.

ANNEX