2003/428/EC: Commission Decision of 11 June 2003 laying down additional measures to be carried out before lifting restrictions applied in accordance with Council Directive 92/40/EEC in relation to avian influenza (Text with EEA relevance) (notified under document number C(2003) 1817)
Date: 2003-06-11
Institutions: European Commission
Subjects: animal disease, health control, intra-EU trade, poultry, veterinary inspection

12.6.2003

EN

Official Journal of the European Union

L 144/15

COMMISSION DECISION

of 11 June 2003

laying down additional measures to be carried out before lifting restrictions applied in accordance
with Council Directive 92/40/EEC in relation to avian influenza

(notified under document number C(2003) 1817)

(Only the German, French and Dutch texts are authentic)

(Text with EEA relevance)

(2003/428/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 thereof,

Having regard to Council Directive 89/662/EEC of 11
December 1989 concerning veterinary checks in intra-Commu-
nity trade with a view to the completion of
the internal
market (3), as
last amended by Regulation (EC) No 806/
2003 (4), and in particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

Council Directive 92/40/EEC (5), as last amended by
Regulation (EC) No 806/2003,
introduced Community
measures for the control of avian influenza.

Since 28 February 2003 the Netherlands declared several
outbreaks of avian influenza. Since 16 April 2003
outbreaks have also been notified by Belgium. On 13
May 2003 the veterinary authorities of Germany have
confirmed avian influenza in a poultry flock in the Land
of North Rhine-Westphalia.

in order to reinforce the measures
The Commission,
taken by the affected Member States in the framework of
Directive 92/40/EEC has adopted several Decisions,
including Decisions 2003/289/EC (6), as amended by
Decision 2003/388/EC (7) for Belgium, 2003/290/EC (8),
as amended by Decision 2003/387/EC (9) for the Nether-
lands and 2003/358/EC (10), as amended by Decision
2003/386/EC (11)
certain
protection measures with regard to avian influenza in
the respective Member State.

for Germany

concerning

(5)

(6)

(7)

The establishment of protection and surveillance zones
around confirmed outbreaks in accordance with Article
9 of Directive 92/40/EEC is an essential element of
disease control. However the Directive does not provide
for the measures necessary to be carried out before the
restrictions applied in the zones may be lifted.

so that

restrictions

three affected countries,

In the last weeks the disease situation has improved in
all
for
surveillance zones could be lifted in the near future. The
large scale of the epidemic however, requires that the
established protection and surveillance zones be lifted
with the maximum caution. Before the zones are lifted it
is appropriate to ensure a safe removal of manure and
other substances from those infected holdings, where it
has not been possible to ensure an appropriate treatment
of this material.

Until the measures in the surveillance zones are lifted
certain measures for the transport of one day-old chicks,
meat from slaughter poultry and table eggs should be
maintained.

During this epidemic a large number of poultry holdings
and other establishments have been depopulated due to
infection with avian influenza or for preventive reasons.
In view of the severe extent of the disease and before
large scale restocking should take place, sentinel birds
should be introduced into the holdings and other estab-
in order to
lishments where avian influenza occurred,
demonstrate the absence of any avian influenza virus in
the environment.

(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 122, 16.5.2003, p. 1.
(5) OJ L 167, 22.6.1992, p. 1.
(6) OJ L 105, 26.4.2003, p. 24.
(7) OJ L 133, 29.5.2003, p. 92.
(8) OJ L 105, 26.4.2003, p. 28.
(9) OJ L 133, 29.5.2003, p. 91.
(10) OJ L 123, 17.5.2003, p. 55.
(11) OJ L 133, 29.5.2003, p. 89.

(8)

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,

L 144/16

EN

Official Journal of the European Union

12.6.2003

HAS ADOPTED THIS DECISION:

2. until the measures are lifted according to paragraph 1,

Article 1

Belgium, Germany and the Netherlands may authorise, in addi-
tion to the provisions of Article 5(1)(b) of Directive 92/40/EEC,
litter or manure, under official
the transport of animal feed,
supervision and by taking all necessary bio-security measures,
to an approved plant within their territory in order to incin-
erate such material, or to apply to it any other treatment that
ensures the destruction of any avian influenza virus present.
competent
Awaiting
authority may authorise the transport of such material, under
supervision and taking all necessary bio-security
official
measures,
that
purpose by the competent authority. In case of treatment, the
is
competent authority shall ensure that the treated material
not being dispatched to other Member States or third countries.

specially approved for

to storage facilities

incineration or

treatment,

the

the

Article 2

Belgium, Germany and the Netherlands shall ensure that the
in the protection and
following measures are carried out
surveillance zones established within their territory in accor-
dance with Article 9 of Directive 92/40/EEC:

1. All holdings, as referred to in Article 5(1) of Directive 92/
40/EEC,
shall be inspected visually by the competent
authority and shall be submitted to supplementary testing in
order to confirm the satisfactory completion of the cleaning
and disinfecting operations, as laid down in Articles 5(1)(e)
and 11 of the Directive.

2. Without prejudice to the provisions of Articles 5(1)(e) and
11 of Directive 92/40/EEC, sentinel birds shall be placed,
according to the requirements and procedures laid down in
the Annex, in holdings and other establishments, in which
the presence of avian influenza has previously been officially
confirmed and before reintroduction of poultry can take
place in accordance with Article 5(1)(f). The reintroduction
of poultry on depopulated holdings and other depopulated
establishments in a surveillance zone shall only take place
after the procedures laid down in the Annex have been
completed for the concerned surveillance zone and when it
has been shown that the sentinel birds have not become
infected with avian influenza virus.

Article 3

The competent authorities of Belgium, Germany and the Neth-
erlands shall ensure that the following measures are applied:

1. without prejudice to Article 9(5) of Directive 92/40/EEC,
the measures applied in the surveillance zone shall not be
lifted until it has been shown that the sentinel birds referred
to in Article 2(2) have not become infected with avian influ-
enza virus;

(a) the competent authority,

taking all appropriate bio-
security measures to avoid the spread of avian influenza,
may authorise transport not prohibited by Council
Directive 92/40/EEC of live poultry and hatching eggs,
in particular to allow movements of day-old chicks in
accordance with the provisions of Article 9 paragraph
4(a), (b) and (c). The animals and eggs shall be trans-
ported under official control to holdings within the terri-
tory of the Member State concerned;

(b) fresh poultry meat obtained from the slaughter of
poultry transported by taking all appropriate bio-
security measures and originating from the established
surveillance zones:

— shall be marked with a round format mark in accor-
dance with the further requirements of the compe-
tent authority,

— shall not be dispatched to other Member States or

third countries,

— must be obtained, cut, stored and transported sepa-
rately from other fresh poultry meat destined for
intra-Community 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
intra-Community
intended for
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 Council Directive 2002/99/
EC (1);

(c) in order to enhance bio-security in the poultry sector
the competent
and to avoid cross contamination,
authority shall ensure that, as regards Belgium and the
Netherlands on their whole territory and as regards
Germany on the territory of North Rhine-Westphalia:

— table eggs shall only be transported from a holding
to a packing station either in disposable packaging
or in containers,
trays and other non-disposable
equipment, which must be cleaned and disinfected
before and after each use. In addition,
in case of
table eggs originating from another Member State,
the competent authority shall ensure that the packa-
ging, containers,
trays and other non-disposable
equipment used for their transport are returned after
having been cleaned and disinfected, or are handled
otherwise under official supervision and according
to the instructions of the competent authority,

— 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 addition, in case of slaughter poultry
originating from another Member State, the compe-
tent veterinary authority shall ensure that the crates
and cages and containers are returned after having
been cleaned and disinfected or are handled other-
wise under official supervision and according to the
instructions of the competent authority,

(1) OJ L 18, 23.1.2003, p. 11.

12.6.2003

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Official Journal of the European Union

L 144/17

— day-old chicks are transported in disposable packing

material to be destroyed after use,

Article 4

— the disinfectants and the method of cleaning and
competent
approved

the

are

by

disinfection
authority.

This Decision is addressed to Belgium, Germany and the Neth-
erlands.

3. No poultry shall be introduced in preventively depopulated
holdings and other preventively depopulated establishments
at risk referred to in Article 3 of Decisions 2003/290/EC for
the Netherlands, 2003/289/EC for Belgium and 2003/358/
EC for Germany, until it has been shown that the sentinel
birds referred to in Article 2(2) in all surveillance zones
adjacent to the concerned area have not become infected
with avian influenza virus.

Done at Brussels, 11 June 2003.

For the Commission

David BYRNE

Member of the Commission

ANNEX

1. Before or during any sentinel birds are introduced in the holdings and establishments in which the presence of avian
influenza has been officially confirmed, poultry on all holdings located in the protection and surveillance zones estab-
lished around the holdings in question shall be submitted to a clinical inspection to exclude any suspicion of avian
influenza.

2. The sentinel birds to be used for introduction into holdings and establishments must:

— be susceptible to avian influenza and may only be used once as sentinel birds,

— be unvaccinated against avian influenza,

— have been found sero-negative for avian influenza within 14 days before their placing in the holdings and estab-

lishments,

— be at least three weeks old,

— be leg-banded for identification purposes, or be identified with another non-removable identification mark.

3. The sentinel birds must be placed in the holdings and establishments not before five days have elapsed after cleaning

and disinfection according to Articles 5 and 11 of Directive 92/40/EEC.

4. The sentinel birds must have permanent access and contact to a large surface of the poultry house.

5. The number of sentinel birds to be placed in the holdings and establishments must correspond to at least 1 % of the

regular stocking density of the holding, and the sentinels must be distributed evenly.

6. The sentinel birds must undergo a clinical examination supervised by the competent authorities at least once a week.

7. The sentinel birds must remain in the holdings and establishments for at least 21 days.

8. All sentinel birds that die during the 21-day period after introduction in the holding or establishment must undergo
a pathological investigation. Appropriate samples must be taken and tested for avian influenza in accordance with
the instructions of the competent authority.

9. After 21 days a number of blood samples and samples of faeces or tracheal exudate shall be taken from the sentinel
birds in order to detect avian influenza virus and specific antibodies with 5 % prevalence within a 95 % confidence
interval.