2003/443/EC: Commission Decision of 17 June 2003 amending for the fourth 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) 1935)
Date: 2003-06-17
Institutions: European Commission
Subjects: Netherlands, animal disease, disease prevention, health certificate, poultry, veterinary legislation

L 150/64

EN

Official Journal of the European Union

18.6.2003

COMMISSION DECISION

of 17 June 2003

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

(notified under document number C(2003) 1935)

(Only the Dutch text is authentic)

(Text with EEA relevance)

(2003/443/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.

(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.

(4)

(5)

(6)

(7)

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), 2003/357/EC (16) and 2003/387/EC (17) were
adopted after consultation with the Dutch authorities
and evaluation of the situation with all Member States.

The last infected commercial flock has been emptied on
29 April and since 7 May no further cases of avian influ-
enza have been recorded nor suspicions have been raised
in the Netherlands, so that can be concluded that the
disease is being successfully controlled.
It would be
appropriate, provided that it is established that no new
outbreaks occur, as of 18 June 2003 to limit the geogra-
phical scope for the trade and movements restrictions
currently in force to the provinces previously affected by
the disease and thus to allow trade in live poultry and
poultry products from the other provinces of the Dutch
territory, which should then be considered as free of
avian influenza.

Furthermore, if no new outbreaks occur, and in light of
a positive disease evolution, restriction measures should
be relaxed as of the 18 of June 2003 to allow the move-
ment of certain categories of live poultry and hatching
eggs, from areas within the affected provinces that fall
outside established surveillance and buffer zones to non-
restricted provinces in the Netherlands. However such
movements should only occur under the condition that
poultry and hatching eggs originating from such
provinces should not be traded within the Community,
but should be confined to Dutch territory.

In the light of
the positive disease evolution while
bearing in mind the need for continued precaution, the
measures laid down in Decision 2003/290/EC should be
further prolonged until 11 July 2003 in the provinces
where disease has occurred.

(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.
(17) OJ L 133, 29.5.2003, p. 91.

18.6.2003

EN

Official Journal of the European Union

L 150/65

(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,

(b) day-old chicks, ready-to-lay pullets and rearing poultry,
to a holding or shed where no other poultry is kept, and
where they shall remain under official control;

HAS ADOPTED THIS DECISION:

Article 1

Decision 2003/290/EC shall be amended as follows:

1. a new Article 7a is added as follows:

‘Article 7a

1.
However as of 00.00 on 18 June 2003, if the Nether-
lands have informed the Commission and the Member
States on 17 June 2003 that:
(a) no further outbreaks of avian influenza are reported in
the Netherlands before 17.00 on 17 June 2003; and

(b) all laboratory tests carried out in the Netherlands in rela-
are
tion to infected holdings
concluded, and all the clinical examinations and labora-
tory tests on suspected holdings and establishments or
holdings and establishments, suspected to be contami-
nated with avian influenza, have given negative results.

and establishments

Article 1 shall be replaced by the following:

“Article 1

1. Without prejudice to the measures taken by the Neth-
erlands within the framework of Council Directive 92/40/
EEC applied within surveillance zones and within the buffer
zones described in Annex III, the Dutch veterinary authori-
ties shall ensure that:
(a) no live poultry, hatching eggs and fresh, unprocessed
and non-heat-treated poultry manure or
litter are
dispatched from the provinces listed in Annex I, to other
parts of the Netherlands, other Member States, and third
countries;

(b) no live poultry and hatching eggs are transported within

the provinces listed in Annex I.

2.
By way of derogation from paragraph 1, the compe-
tent authority may authorise the transport within the
provinces listed in Annex I, but outside the surveillance and
buffer zones, and the dispatch to other provinces of the
Netherlands, of:
(a) poultry for immediate slaughter, including spent laying
hens, to a slaughterhouse that has been designated in
advance by the competent authority;

(c) hatching eggs, to a hatchery under official control.

If live poultry transported in accordance with (a) or (b) origi-
nate in another Member State or third country, the trans-
port shall be approved both by the Dutch competent
authority and by the competent authority of the Member
State or third country of dispatch.

By way of derogation from paragraph 1 the competent
3.
veterinary authority,
taking all appropriate bio-security
measures to avoid the spread of avian influenza, 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(4)(a), (b) and (c), which shall
be transported to holdings within the area described in
Annex I under official control.”

2.
Provided the conditions laid down in paragraph 1 are
fulfilled, animal health certificates accompanying consign-
ments of live poultry and hatching eggs originating and
coming from the provinces of the Netherlands listed in
Annex II, to be signed as of 18 June 2003, shall include the
words: “The animal health conditions of this consignment
are in accordance with Decision 2003/443/EC”.

In Article 3(1) the words “in the Annex” shall be

3.
replaced by the words “in Annex III”.

4.
The Annex to Decision 2003/290/EC shall become
Annex III and the text in the Annex to this Decision shall
become Annex I and Annex II.’

2.

in Article 8 the time and date ‘until 24.00 on 17 June 2003’
are replaced by ‘until 24.00 on 11 July 2003’.

Article 2

This Decision is addressed to the Netherlands.

Done at Brussels, 17 June 2003.

For the Commission

David BYRNE

Member of the Commission

L 150/66

EN

Official Journal of the European Union

18.6.2003

ANNEX

‘ANNEX I

On the territory of the Netherlands the provinces of:

Flevoland, Gelderland, Limburg, Noord-Brabant, Utrecht.

On the territory of the Netherlands the provinces of:

Drenthe, Friesland, Groningen, Noord-Holland, Overijssel, Zeeland, Zuid-Holland.’

ANNEX II