17.4.2003 Official Journal of the European Union L 99/57 COMMISSION DECISION of 16 April 2003 concerning protection measures in relation to a strong suspicion of avian influenza in Belgium (notified under document number C(2003) 1335) (Text with EEA relevance) (2003/275[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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 (3) thereof, Whereas: (1) On 16 April 2003 the veterinary authorities of Belgium have informed the Commission about a strong suspicion of avian influenza in the province of Limburg. (2)  Avian influenza is a highly contagious poultry disease that can pose a serious threat for the poultry industry. (3)  The Belgian 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 while further confirmatory diagnostic procedures are carried out. (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 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)  The Belgian authorities have in co-operation with the Commission, put in place a nation-wide standstill for transport of live poultry and hatching eggs, which includes a prohibition of dispatch of live poultry and hatching eggs to Member States and third countries. However, in view of the specificity of poultry produc- tion, movements of hatching eggs, day-old chicks, ready- to-lay pullets and poultry for immediate slaughter may be authorised within Belgium. Furthermore the dispatch O] L 224, 18.8.1990, p. 29. () OJ L 315,19.11.2002, p. 14. OJ L 167,22.6.1992, p. 1. to Member States and third countries of fresh, unpro- cessed manure and litter of poultry should also be prohibited. (6)  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 of Directive 71/118/EEC (%), as last amended by Council Directive 97/79/EC (°). In order to allow the marketing on the Belgian 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. (7)  The Belgian authorities should reinforce bio-security and hygiene measures including cleaning and disinfection procedures to prevent the further spread of the disease at all levels of poultry and egg production. (8)  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 Belgian authorities. (99  These measures should be urgently adopted by the Commission for the sake of clarity and transparency, in collaboration with the Belgian authorities. (10)  The situation shall be reviewed at the meeting of the Standing Committee on the Food Chain and Animal Health scheduled for 23 April 2003, HAS ADOPTED THIS DECISION: Atrticle 1 1. Without prejudice to the measures taken by Belgium within the framework of Council Directive 92/40/EEC applied to the surveillance zones, the Belgian veterinary authorities shall ensure that no live poultry, hatching eggs and fresh, unprocessed and non-heat-treated poultry manure or litter are dispatched from Belgium to other Member States and to third countries. J L 55, 8.3.1971, p. 23. () () OJL13,16.1.1997, p. 18. (oX®]