2003/356/EC: Commission Decision of 16 May 2003 amending for the second 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) 1688)

Commission Decision
of 16 May 2003
amending for the second time Decision 2003/289/EC concerning protection measures in relation to avian influenza in Belgium
(notified under document number C(2003) 1688)
(Only the French and Dutch texts are authentic)
(Text with EEA relevance)
(2003/356/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-Community trade with a view to the completion of the internal 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) 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.
(2) 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.
(3) 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 Decision 2003/317/EC(9), thereby reinforcing the measures taken by Belgium.
(4) 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. The poultry holdings in the established buffer zones have been depopulated and restocking will start following a waiting period after cleaning and disinfection has been carried out.
(5) Following a further waiting period until 26 May 2003, provided that no new outbreaks have been reported it would seem appropriate to limit the trade restrictions in force to the previously disease affected areas and an appropriate buffer zone around this area 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.
(6) The animal health certificates to be possibly used as from 27 May 2003 for consignments of live poultry and hatching eggs originating from the regionalised area in Belgium and destined for another Member State or third country should be amended accordingly.
(7) The measures laid down in Decision 2003/289/EC should be further prolonged and adapted in the light of the evolution of the disease.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,