29.5.2003 Official Journal of the European Union L 13389 COMMISSION DECISION of 28 May 2003 amending Decision 2003/358/EC concerning protection measures in relation to avian influenza in Germany (notified under document number C(2003) 1785) (Only the German text is authentic) (Text with EEA relevance) (2003/386/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 Council Directive 2002/33/EC (3), and, in parti- cular, 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 have informed the Commission about a strong suspicion of highly pathogenic avian influenza in a poultry flock in the Land of North Rhine-Westphalia, which has been 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 have immediately, before the official confirmation of the disease, implemented the measures foreseen 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)  For the sake of clarity and transparency the Commission after consultation with the German authorities, has adopted Decision 2003/333/EC () of 12 May 2003 concerning protection measures in relation to strong suspicion of avian influenza in Germany, thereby rein- forcing the measures taken by the German authorities. Subsequently Decision 2003/358/EC (¥) was adopted to prolong and amend the measures. (5)  Since the first outbreak confirmed on 13 May 2003, no further outbreaks have been recorded in Germany. (6)  The protection measures taken by the German authori- ties should be prolonged until 17 June 2003 and amended in the light of the positive evolution of the disease, by reducing the restricted area as of 8 June, provided no further outbreaks occur. (7)  The situation shall be reviewed at the meeting of the Standing Committee on the Food Chain and Animal Health scheduled for 13 June 2003. (8)  The measures provided for in this Decision are in accor- dance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS DECISION: Atrticle 1 Decision 2003/358EC shall be amended as follows: 1. Article 1 paragraph 6(a) shall be replaced by the following text: ‘6 (a) By way of derogation from paragraphs 1 and 4(a) and (b) the competent authorities of Germany may authorise the transport and dispatch from the area described in part B of the Annex to other parts of Germany not listed in the Annex, of: — poultry for immediate slaughter to a slaughter- house that has been designated by the competent veterinary authorities; — day-old chicks and ready-to-lay pullets, to a holding or shed under official control where no other poultry is kept.’ () OJ L 116, 13.5.2003, p. 28. (¥ OJ L 123, 17.5.2003, p. 55.