L 116/28 Official Journal of the European Union 13.5.2003 COMMISSION DECISION of 12 May 2003 concerning protection measures in relation to a strong suspicion of avian influenza in Germany (notified under document number C(2003) 1591) (Text with EEA relevance) (2003/333[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(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, Whereas: (1)  On 9 May 2003 the veterinary authorities of Germany have informed the Commission about a strong suspicion of avian influenza in a poultry flock in the Land of North Rhine-Westphalia. (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 of 19 May 1992 introducing Community measures for the control of avian influenza (°), while further confirmatory diagnostic procedures are carried out. (4)  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 more strin- gent action in the field covered by this Directive if deemed necessary and proportionate to contain the disease, taking into account the particular epidemiolo- gical, animal husbandry, commercial and social condi- tions prevailing. (5)  The German authorities have, in cooperation with the Commission, put in place a standstill in the Land of North Rhine-Westphalia for transport of live poultry and hatching eggs, which includes a prohibition of dispatch of live poultry and hatching eggs. However, in view of 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. () OJL167,22.6.1992, p. 1. 5 (11) () O ( ( ) ) (0) 0) the specificity of poultry production, movements of hatching eggs, day-old chicks, ready-to-lay pullets and poultry for immediate slaughter may be authorised within the Land of North Rhine-Westphalia. Furthermore the dispatch of fresh, unprocessed manure and litter of poultry should also be prohibited from the Land of North Rhine-Westphalia. Fresh poultry meat destined for intra-Community trade has to be marked with a health mark in accordance with the health mark foreseen in Chapter XII of Annex I to Council Directive 71/118/EEC (%), as last amended by Directive 97/79/EC (). In order to allow the marketing on the German market of fresh poultry meat obtained from poultry originating from the established surveil- lance zones special provisions for its health marking shall be laid down in accordance to Article 4(1) and (3) of 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 (%). The German authorities should reinforce bio-security and hygiene measures including cleaning and disinfec- tion procedures to prevent the further spread of the disease at all levels of poultry and egg production. To better understand the epidemiology of the disease a serological survey shall be carried out in pigs that are kept on holdings where poultry have been found infected with avian influenza. The German authorities should furthermore ensure that precautionary measures are taken for persons at risk. 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 German authorities. These measures should be urgently adopted by the Commission for the sake of clarity and transparency, in collaboration with the German authorities. The situation shall be reviewed at the meeting of the Standing Committee on the Food Chain and Animal Health scheduled for 15 May 2003, J L 55, 8.3.1971, p. 23. ] L 24, 30.1.1998, p. 31. ] L 18, 23.1.2003, p. 11.