17.5.2003 Official Journal of the European Union L 123/59 COMMISSION DECISION of 16 May 2003 laying down requirements for the prevention of avian influenza in susceptible birds in certain Member States (notified under document number C(2003) 1691) (Text with EEA relevance) (2003/359/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, informed the Commission about a strong suspicion, which was confirmed on 13 May 2003, of avian influ- enza in a poultry flock in the Land of North Rhine-West- Having regard to the Treaty establishing the European phalen. Community, Having regard to Council Directive 90/425[/EEC of 26 June (5) 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, In order to avoid the spread of the infection and after evaluation of the epidemiological situation, the preven- tive culling of poultry at risk may be appropriate and decided by the competent authorities of the Member States concerned. Whereas: (6)  The Member States concerned took immediate action as provided for by Council Directive 92/40/EEC before the (1) Council Directive 92/40/EEC of 19 May 1992 introdu- disease was officially confirmed. cing Community measures for the control of avian influ- enza (*), as amended by the Act of Accession of Austria, Finland and Sweden, sets out the minimum control measures to be applied in the event of an outbreak of avian influenza in poultry, without prejudice to Commu- nity provisions governing intra-Community trade. Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(l) to Directive 90/425/[EEC (¥), as last amended by Commission Regulation (EC) No 12822002 (°), and in particular Article 3 thereof, provides that trade in and imports of the animals, semen, ova and embryos concerned must not be prohibited or restricted for animal health reasons, other than those arising from the application of Community legislation, and in particular any safeguard measures taken. Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (?), and in particular Article 2 thereof, sets out the definition of a Z00. Since 28 February 2003, the Netherlands has declared several outbreaks of avian influenza. Several outbreaks have also been declared since 16 April 2003 by Belgium. On 9 May 2003, the veterinary authorities of Germany For the sake of clarity and transparency, the Commis- sion, after consultation with the authorities of the concerned Member States, has taken several Decisions reinforcing the measures taken by the Member States. On basis of Decision 2003/214/EC of 27 March 2003 concerning protective measures in relation to avian influenza in the Netherlands (), of Decision 2003/275/ EC of 16 April 2003 concerning protection measures in relation to a strong suspicion of avian influenza in Belgium (%), and of Decision 2003/333/EC of 12 May 2003 concerning protection measures in relation to a strong suspicion of avian influenza in Germany (), respectively, the Dutch, the Belgian and German authori- ties have started preventive emptying and culling of poultry in holdings and areas at risk, in order to avoid further spreading of the virus. Directive 92/40/EEC does not apply where avian influ- enza is detected in other birds. However, in this case, the Member State concerned must inform the Commission of any measure it takes. In order to protect rare poultry breeds and birds threa- tened with extinction, and to conserve bio-diversity, the Member States concerned may decide to carry out an emergency vaccination against avian influenza of these ) O] L 224, 18.8.1990, p. 29. A ¢ OJL 315, 19.11.2002?13. 14, susceptible birds. () OJ L 167, 22.6.1992, p. 1. () OJ L 268, 14.9.1992, p. 52. () OJ L 81, 28.3.2003, p. 48. () OJ L 187, 16.7.2002, p. 3. () OJ L 99, 17.4.2003, p. 57. () OJ L 94, 9.4.1999, p. 24. () OJ L 116, 13.5.2003, p. 28.