17.5.2003 Official Journal of the European Union L 123/55 COMMISSION DECISION of 16 May 2003 concerning protection measures in relation to of avian influenza in Germany (notified under document number C(2003) 1690) (Only the German text is authentic) (Text with EEA relevance) (2003/358/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 ('), as last amended by Directive 2002/33/EC of the European Parliament and of the Council (3), and, in particular, Article 10(4) 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 (), as last amended by Directive 92/118/EEC (%), 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 (°), and in particular Article 4(1) and (3) thereof, Whereas: (1) On 9 May the veterinary authorities of Germany informed the Commission about a strong suspicion of highly pathogenic avian influenza in a poultry flock in the Land of North Rhine-Westphalia, which was confirmed on 13 May 2003. (2)  Avian influenza is a highly contagious poultry disease that can pose a serious threat for the poultry industry. (3)  The German authorities immediately, before the official confirmation of the disease, implemented the measures laid down in Council Directive 92/40/EEC (%) introducing Community measures for the control of avian influenza. 1 () OJ L 224, 18.8.1990, p. 29. () OJ L 315,19.11.2002, p. 14. () OJ L 395,30.12.1989, p. 13. () OJL 62, 15.3.1993, p. 49. () O] () O] ) O] L 18, 23.1.2003, p. 11. L 167,22.6.1992, p. 1. 6 (4) () () ) 0J ) 0J Council 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 Direc- tive if deemed necessary and proportionate to contain the disease, taking into account the particular epidemio- logical, animal husbandry, commercial and social condi- tions prevailing. The German authorities have in cooperation with the Commission, put in place a standstill in the Land of North Rhine-Westphalia for transport of live poultry and hatching eggs, which includes a prohibition of dispatch of live poultry and hatching eggs. 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 the Land of North Rhine-Westphalia. Furthermore the dispatch to other parts of Germany, other Member States and third countries of fresh, unprocessed manure and litter of poultry should also be prohibited from the Land of North Rhine-Westphalia. For the sake of clarity and transparency, the Commis- sion, after consultation with the German authorities, adopted Decision 2003/333/EC of 12 May 2003 concerning protection measures in relation to strong suspicion of avian influenza in Germany ('), thereby reinforcing the measures taken by the German authori- ties. Fresh poultry meat destined for intra-Community trade has to be marked with a health mark in accordance with the health mark set out in Chapter XII of Annex I to Directive 71/118/EEC (¥), as last amended by Council Directive 97/79/EC (°). In order to allow the marketing on the German market of fresh poultry meat obtained from poultry originating from the established surveil- lance zones special provisions for its health marking shall be laid down. The German authorities should reinforce bio-security and hygiene measures including cleaning and disinfec- tion procedures to prevent the further spread of the disease at all levels of poultry and egg production. L 116, 13.5.2003, p. 28. L 55,83.1971, p. 23. L 13, 16.1.1997, p. 18.