11.4.2003 Official Journal of the European Union L 95/65 COMMISSION DECISION of 10 April 2003 concerning protective measures in relation to avian influenza in the Netherlands (notified under document number C(2003) 1256) (Only the Dutch text is authentic) (Text with EEA relevance) (2003/258/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 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 intro- ducing 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)  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. 1 () OJ L 224, 18.8.1990, p. 29. () OJ L 315,19.11.2002, p. 14. () OJL 18, 23.1.2003, p. 11. () OJL167,22.6.1992, p. 1. () (10) (11) 0 (9 () (9 ) ( 0 ) 0J ) 0J 0 9 All movements of live poultry and hatching eggs within the Netherlands and their dispatch to other Member States have been prohibited. Furthermore the dispatch to Member States and third countries of fresh, unprocessed manure and litter of poultry should also be prohibited. The same prohibitions should apply to exports of poultry and hatching eggs to third countries in order to protect their health status and to prevent the risk of re- entry of such consignments in another Member State. 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 (). Subsequently Commission Decisions 2003/156/EC (%), 2003/172JEC (), 2003/186[EC (), 2003/191/EC () and 2003/214/EC (*) were adopted after consultation with the Dutch authorities and evaluation of the situation with all Member States. The favourable results of the surveillance programme carried out nationwide in the Netherlands suggested that the occurrence of the highly pathogenic avian influenza virus appeared to be restricted to a confined area in the centre of the Netherlands. However, despite the measures taken, on 4 April 2003 the disecase was confirmed in turkey farms in the southern province of Limburg. In view of the occurrence of disease in Limburg, appro- priate biosafety, control and surveillance measures are being taken in Belgium and Germany to prevent the introduction of disease into these countries. On basis of Decision 2003/214/EC, the Dutch authori- ties started preventive emptying and culling of poultry in holdings and areas at risk which should be completed swiftly in order to avoid further spreading of the virus. L 59, 4.3.2003, p. 32. L L 69, 13.3.2003, p. 27. L 71, 15.3.2003, p. 30. L 74, 20.3.2003, p. 30. 19 OJ L 81, 28.3.2003, p. 48. 64, 7.3.2003, p. 36.