L 105/28 Official Journal of the European Union 26.4.2003 COMMISSION DECISION of 25 April 2003 concerning protective measures in relation to avian influenza in the Netherlands (notified under document number C(2003) 1437) (Only the Dutch text is authentic) (Text with EEA relevance) (2003/290/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 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) Since 28 February 2003 the Netherlands have declared several outbreaks of highly pathogenic avian influenza. (2)  Avian influenza is a highly contagious poultry disease that can pose a serious threat for the poultry industry. (3)  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 offi- cially confirmed. (4)  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 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 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. (5)  For the sake of clarity and transparency the Commission after consultation with the Dutch authorities, thereby reinforcing the measures taken by the Netherlands, has taken Decision 2003/153/EC of 3 March 2003 concerning protection measures in relation to strong suspicion of avian influenza in the Netherlands (). (6)  Subsequently Decisions 2003/156/EC (%), 2003/172] EC (), 2003/186/EC (**), 2003/191[EC (), 2003|214/ EC (*) and 2003/258/EC (**) were adopted after consul- tation with the Dutch authorities and evaluation of the situation with all Member States. (7 Council Decision 90/424/EEC on expenditure in the veterinary field (*4), as last amended by Decision 2001/ 572[EC (¥), establishes in Article 3(4) that the Commis- sion may lay down any measures which the Member State concerned must take in order to ensure the success of the action; it appears appropriate that all poultry in holdings and areas at risk in the restricted zones should be preventively depopulated. (8)  The Dutch authorities have started serological investiga- tions in pigs in order to better understand the epide- miology of the disease. This survey should be carried out in pigs which are kept on holdings where poultry have been found infected with avian influenza. (9)  The Dutch authorities should furthermore ensure that precautionary measures are taken for persons at risk. (100 The measures laid down in Decision 2003/258/EC should be prolonged and adapted in the light of the evolution of the disease. ~ ) 59, 4.3.2003, p. 32. ) 64, 7.3.2003, p. 36. ) 69, 13.3.2003, p. 27. 0 9 » 1 L L L J L 71, 15.3.2003, p. 30. J L 74, 20.3.2003, p. 30. ') OJ L 81, 28.3.2003, p. 48. J L 95,11.4.2003, p. 65. 14 ] J L 224, 18.8.1990, p. 19. o) 0J 0 o] 0 0 0 0 OJ L 203, 28.7.2001, p. 16. 15 ( ( ( (**) (") (*2) (") (") ()