2003/289/EC: Commission Decision of 25 April 2003 concerning protection measures in relation to avian influenza in Belgium (Text with EEA relevance) (notified under document number C(2003) 1438)

Commission Decision
of 25 April 2003
concerning protection measures in relation to avian influenza in Belgium
(notified under document number C(2003) 1438)
(Only the French and Dutch texts are authentic)
(Text with EEA relevance)
(2003/289/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 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) Avian influenza is a highly contagious poultry disease that can pose a serious threat for the poultry industry.
(3) The Belgian authorities have immediately, before the official confirmation of the disease, implemented the measures foreseen in Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza(6).
(4) Directive 92/40/EEC sets out the minimum control measures to be applied in the event of an outbreak of avian influenza. The Member State may take more stringent action in the field covered by this Directive if deemed necessary and proportionate to contain the disease, taking into account the particular epidemiological, animal husbandry, commercial and social conditions prevailing.
(5) The Belgian authorities have in cooperation with the Commission, put in place a nation-wide standstill for transport of live poultry and hatching eggs, which includes a prohibition of dispatch of live poultry and hatching eggs to Member States and third countries. However, in view of the specificity of poultry production, movements of hatching eggs, day-old chicks, ready-to-lay pullets and poultry for immediate slaughter may be authorised within Belgium. Furthermore, the dispatch to Member States and third countries of fresh, unprocessed manure and litter of poultry should also be prohibited.
(6) For the sake of clarity and transparency the Commission after consultation with the Belgian authorities, thereby reinforcing the measures taken by Belgium, has taken Decision 2003/275/EC of 16 April 2003 concerning protection measures in relation to strong suspicion of avian influenza in Belgium(7).
(7) Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(8), as last amended by Decision 2001/572/EC(9), establishes in Article 3(4) that the Commission may lay down any measures which the Member State concerned must take in order to ensure the success of the action; it appears appropriate that taking into account the existing situation in Belgium, all poultry within a surrounding zone of an outbreak of avian influenza should be preventively depopulated.
(8) In order to better understand the epidemiology of the disease a serological survey shall be carried out in pigs that are kept on holdings where poultry have been found infected with avian influenza.
(9) The Belgian authorities should furthermore ensure that precautionary measures are taken for persons at risk.
(10) The measures laid down in Decision 2003/275/EC should be prolonged and adapted in the light of the evolution of the disease.
(11) The other Member States have already adjusted the measures they apply to trade, and they are sufficiently informed by the Commission, and in particular in the context of the Standing Committee on the Food Chain and Animal Health on the appropriate period for their implementation.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,