L 81/48 Official Journal of the European Union 28.3.2003 COMMISSION DECISION of 27 March 2003 concerning protective measures in relation to avian influenza in the Netherlands (notified under document number C(2003) 1102) (Only the Dutch text is authentic) (Text with EEA relevance) (2003/214[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 (), and in particular Article 10 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) Since 28 February 2003 the Netherlands have declared several outbreaks of highly pathogenic avian influenza. (2)  The infection with avian influenza subtype H7N7 has affected several poultry flocks in an area called ‘Gelderse Vallef'. (3)  Avian influenza is a highly contagious poultry disease that can pose a serious threat for the poultry industry. (@)  In view of the high mortality and the rapid spread of the infection the Netherlands took immediate action as provided for by Council Directive 92/40/EEC (*) 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 officially confirmed. (5)  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. 1 () OJ L 224, 18.8.1990, p. 29. () OJ L 315,19.11.2002, p. 14. () OJL 18, 23.1.2003, p. 11. () OJL167,22.6.1992, p. 1. (6)  Furthermore, all movements of live poultry and hatching eggs within the Netherlands and their dispatch to other Member States was prohibited. (7)  The same prohibitions should apply to exports to third countries in order to protect their health status and to prevent the risk of re-entry of such consignments in another Member State. (8)  For the sake of clarity and transparency the Commission has taken Decision 2003/153/EC () of 3 March 2003 concerning protection measures in relation to strong suspicion of avian influenza in the Netherlands, as amended by Decision 2003/156/EC (°), after consultation with the Dutch authorities, thereby reinforcing the measures taken by the Netherlands and granting certain specific derogations for movements of slaughter poultry and day-old chicks within the Netherlands. (99 By Commission Decisions 2003/156/EC, 2003/172] EC (), 2003/186/EC() and 2003/191/EC () the measures provided for in Decision 2003/153/EC were prolonged in view of the evolution of the disease and amended as necessary. (10)  The currently available epidemiological information and the first results of the surveillance programme, carried out nation-wide in the Netherlands, suggest that the occurrence of the highly pathogenic avian influenza virus appears to be restricted in the ‘Gelderse Vallei'. (11)  In the light of the evolution of the disease, it is appro- priate to further prolong the measures adopted under Decision 2003/191/EC. However, a derogation should also be provided for the dispatch of day-old chicks from the Netherlands to other Member States under certain conditions, unless they are originating from hatcheries or holdings within the established surveillance zones. For this purpose, additional certification requirements should be provided for. 5 59, 4.3.2003, p. 32. () OJ L () OJ L 64, 7.3.2003, p. 36. () OJ L 69, 13.3.2003, p. 27. () O () O % OJ L 71, 15.3.2003, p. 30. L 74, 20.3.2003, p. 30. 9