L 74/30 Official Journal of the European Union 20.3.2003 COMMISSION DECISION of 19 March 2003 concerning protective measures in relation to avian influenza in the Netherlands (notified under document number C(2003) 889) (Only the Dutch text is authentic) (Text with EEA relevance) (2003/191/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (6)  Furthermore all movements of live poultry and hatching eggs within the Netherlands and their dispatch to other Member States was prohibited. Having regard to the Treaty establishing the European Community, (7)  The same prohibitions should apply to exports to third countries in order to protect their health status and to Having regard to Council Directive 90/425[/EEC of 26 June prevent the risk of re-entry of such consignments in 1990 concerning veterinary and zootechnical checks applicable another Member State. in intra-community trade in certain live animals and products with a view to the completion of the internal market (*), as last an:ien(fle(}il bg Dire.cltilee 20d0'2/ 33 EC (l)f t};f Elirop(e)ar}ll Parlifament (8) For the sake of clarity and transparency the Commission and of the Council (), and in particular Article 10 thereof, 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 Whereas: amended by Decision 2003/156/EC (), after consultation with the Dutch authorities, thereby reinforcing the measures taken by the Netherlands and granting certain (1) Since 28 February 2003 the Netherlands have declared specific derogaj[ions for.movements of slaughter poultry several outbreaks of highly pathogenic avian influenza. and day-old chicks within the Netherlands. (2 The infection with avian influenza subtype H7N7 has (9 By Commission Decisions 2003/156/EC, 2003/ 172/ affected several poultry flocks in an area called ‘Gelderse EC () and 2003/186/EC () the measures provided for in Vallef'. Decision 2003/153/EC were prolonged in view of the evolution of the disease. (3)  Avian influenza is a highly contagious poultry disease that can pose a serious threat for the poultry industry. (10)  The currently available epidemiological information and the first results of the surveillance programme, carried out nationwide in the Netherlands, suggest that the probability of the circulation of the highly pathogenic (4 In view of the high mortality and the rapid spread of the avian influenza virus outside the ‘Gelderse Vallei’ is low. 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 (11)  In the light of the evolution of the disease, it is appro- Accession of Austria, Finland and Sweden, before the priate to further prolong the measures adopted under disease was officially confirmed. Decision 2003/172/EC. However, a derogation should also be provided for as regards the movement of hatching eggs within the Netherlands from areas outside (5)  Council Directive 92[40/EEC sets out the minimum the surveillance zones. 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- (12)  Furthermore, the Netherlands has confirmed that the tive if deemed necessary and proportionate to contain movement of spent laying hens for immediate slaughter the disease, taking into account the particular epidemio- and pullets in the Netherlands may be authorised from logical, animal husbandry, commercial and social condi- areas outside the surveillance zones. tions prevailing. () OJL 59, 4.3.2003, p. 32. O] L 224, 18.8.1990, p. 29. () OJ L 64, 7.3.2003, p. 36. () OJ L 315,19.11.2002, p. 14. (% OJ L 69, 13.3.2003, p. 27. OJ L 167,22.6.1992, p. 1. () OJ L 71, 15.3.2003, p. 30.