L 150/64 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, (4)  Subsequently Decisions 2003/156/EC (¥), 2003/172/ EC (), 2003/186/EC (), 2003/191[EC (), 2003/214f EC (13, 2003/258/EC (), 2003/290/EC (), 2003/318] EC (), 2003/357/EC (**) and 2003/387[EC (") were adopted after consultation with the Dutch authorities and evaluation of the situation with all Member States. 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 (5)  The last infected commercial flock has been emptied on amended by Directive 2002/33/EC of the European Parliament 29 April and since 7 May no further cases of avian influ- and of the Council (), and in particular Article 10 thereof, 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 Having regard to Council Directive 2002/99/EC of 16 territory, which should then be considered as free of December 2002 laying down the animal health rules governing avian influenza. the production, processing, distribution and introduction of products of animal origin for human consumption (°), and in particular Article 4(1) and (3) 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, (6) Furthermore, if no new outbreaks occur, and in light of a positive disease evolution, restriction measures should Whereas: be relaxed as of the 18 of June 2003 to allow the move- ment of certain categories of live poultry and hatching (1)  Since 28 February 2003 the Netherlands have declared 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 several outbreaks of highly pathogenic avian influenza. (2)  The Netherlands took immediate action as provided for poultry and hatching eggs originating from such by Council Directive 92/40/EEC (°) of 19 May 1992 provinces should not be traded within the Community, introducing Community measures for the control of but should be confined to Dutch territory. avian influenza, as amended by the Act of Accession of Austria, Finland and Sweden, before the disease was offi- cially confirmed. (7)  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. (3)  For the sake of clarity and transparency the Commission after consultation with the Dutch authorities, has taken Decision 2003/153/EC () 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. L 64,7.3.2003, p. 36. ) O] ’) OJ L 69, 13.3.2003, p. 27. 9 OJ L 71, 15.3.2003, p. 30. L 74, 20.3.2003, p. 30. 1 ( ( - (9 0] () OJ L 224, 18.8.1990, p. 29. (") 0] () OJ L 315,19.11.2002, p. 14. (') OJ L 81, 28.3.2003, p. 48. () OJ L 395, 30.12.1989, p. 13. () OJ L 95, 11.4.2003, p. 65. () OJL 62, 15.3.1993, p. 49. () OJ L 105, 26.4.2003, p. 28. () OJL 18, 23.1.2003, p. 11. (") OJ L 115, 9.5.2003, p. 86. (9 OJL167,22.6.1992, p. 1. (%) 0] () OJL 59, 4.3.2003, p. 32. (") 0] L 123, 17.5.2003, p. 53. L 133, 29.5.2003, p. 91.