2003/828/EC: Commission Decision of 25 November 2003 on protection and surveillance zones in relation to bluetongue (Text with EEA relevance) (notified under document number C(2003) 4335)
Date: 2003-11-25
Institutions: European Commission
Subjects: animal disease, disease prevention, sheep, transport of animals, veterinary inspection, veterinary legislation

27.11.2003

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Official Journal of the European Union

L 311/41

COMMISSION DECISION

of 25 November 2003

on protection and surveillance zones in relation to bluetongue

(notified under document number C(2003) 4335)

(Text with EEA relevance)

(2003/828/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 2000/75/EC of 20
November 2000 laying down specific provisions for the control
and eradication of bluetongue (1), and in particular Article
8(2)(d), Article 8(3), Article 9(1)(c), and the third paragraph of
Article 19 thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Decision 2003/218/EC of 27 March 2003
on protection and surveillance zones in relation to blue-
tongue and on rules applicable to movements of animals
in and from those zones and repealing Decision 2001/
783/EC (2), as amended by Decision 2003/535/EC (3),
was adopted in the light of the bluetongue situation
prevailing in the early months of 2003. That Decision
demarcates protection and surveillance zones corre-
sponding to specific epidemiological situations and lays
down the conditions for providing exemptions from the
ban on the movements of animals in and from those
zones.

In view of the evolution of the situation, and in particu-
lar the isolation of a new serotype in Sardinia and
Corsica (serotype 4) and a new incursion of serotype 2
in the Balearic Islands, the global geographic areas where
protection and surveillance zones are to be established
should be reconsidered.

Five global ‘restriction zones’ should be distinguished on
the basis of the serotype(s) isolated: Balearic Islands and
northern continental Italy (serotype 2 only), Sardinia and
Corsica (serotypes 2 and 4), southern continental Italy
(serotypes 2 and 9 and to a lesser extent 4 and 16), and
two zones for Greece where different serotypes have
been isolated in different localities during the previous
years.

Pursuant to a request made by Greece, it is appropriate
to establish a distinction between the continental part of
the territory of that Member State, from which exemp-
tions from the exit ban may be implemented with regard
to intra-Community trade, and the rest of the territory
where such exemptions should be limited to domestic
movements only.

(1) OJ L 327, 22.12.2000, p. 74.
(2) OJ L 82, 29.3.2003, p. 35.
(3) OJ L 184, 23.7.2003, p. 40.

(5)

(6)

(7)

(8)

(9)

the

In view of the prohibition of vaccination in surveillance
zones laid down in Directive 2000/75/EC, and of the
situation on the
epidemiological
evolution of
ground,
is appropriate to leave the demarcation
between protection and surveillance zones to be decided
by the competent authority of
the Member States
concerned.

it

Exemptions from the exit ban applicable to movements
of animals
from protection and surveillance zones
should be authorised on a risk-analysis approach taking
into account the data collected through the surveillance
programme on the virus activity at the place of origin,
the destination of the animals, and their vaccination
status.

It is appropriate to provide for the conditions under
which the transit of animals through the protection and
surveillance zones should take place.

For the sake of clarity of Community legislation it is
appropriate to repeal Decision 2003/218/EC and to
replace it by this Decision.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

The purpose of
this Decision is to demarcate the global
geographic areas where protection and surveillance zones
(‘restricted zones’) shall be established by the Member states as
provided for in Article 8(1) of Directive 2000/75/EC.

Its purpose is also to set out the conditions for exempting from
the exit ban laid down in Article 9(1)(c) and Article 10(1) of
Directive 2000/75/EC (the exit ban) certain movements of
animals, their sperm, ova and embryos, from those zones and
through those zones (transit).

This Decision does not affect movements inside a restricted
zone as laid down in Article 2.

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Article 2

Demarcation of restricted zones

A channelling procedure shall be set up, under the
4.
control of the competent authority, preventing any further
movement to another Member State of animals moved under
the conditions provided for in this Article.

Restricted zones A, B, C, D and E shall be demarcated as

1.
set out in Annex I.

Exemptions from the exit ban for those zones shall only take
place in accordance with the conditions laid down in this Deci-
sion.

In the case of Greece,

2.
the exit ban shall apply for
domestic movements from zone E to zone D only as set out in
Annex I.

Article 3

Exemption from the exit ban for domestic movements

Domestic dispatches of animals,

1.
their sperm ova and
embryos, from a restricted zone set out in Annex I shall be
exempted from the exit ban only if the animals, their sperm
ova and embryos comply with the conditions set out in Annex
II or, in the case of France and Italy that they comply with
paragraph 2 or in the case of Greece that they comply with
paragraph 3.

In France and Italy, for the areas where the vaccination
2.
has been completed according to the programme adopted by
the competent authority of the Member State concerned, as
identified in Annex I, domestic dispatches as provided for in
paragraph 1 shall be also exempted from the exit ban by the
competent authority, if:

(a) the surveillance programme in an epidemiologically rele-
vant area of origin has proved the cessation of bluetongue
virus circulation for more than 100 days before the date of
dispatch; or

(b) the vector surveillance programme in an epidemiologically
relevant area of destination has proved the cessation of
adult Culicoides activity;

and

(c) the animals have been vaccinated more than 30 days and
less than a year before the date of dispatch against the sero-
type(s) circulating in an epidemiologically relevant area of
origin.

In Greece domestic dispatches as provided for in para-
3.
graph 1 shall also be exempted from the exit ban by the
competent authority if:

(a) the animals have been serologically tested (BT ELISA or
AGID) with a negative result within 72 hours prior to time
of dispatch; and

(b) the animals have been sprayed with insect repellent with a
remnant effect of more than four days on the occasion of
the sampling.

Article 4

Exemption from the exit ban for domestic movements for
slaughter

Dispatches of animals from a restricted zone for immediate
slaughter within one Member State may be exempted from the
exit ban by the competent authority if:

(a) a case-by-case risk assessment on the possible contact
between animals and the vectors during transport to the
slaughterhouse is made, taking into consideration:

(i) the data available through the surveillance programme

on the vector's activity;

(ii) the distance from the point of entry in the non-

restricted zone to the slaughterhouse;

(iii) the entomological data on the route referred to in

point (ii);

(iv) the period of the day during which the transport takes
place in relation to the hours of activity of the vectors;

(v) the possible use of

insecticides in compliance with

Council Directive 96/23/EC (1);

(b) the animals to be moved do not show any sign of blue-

tongue on the day of transport;

(c) the animals are transported in vehicles sealed by the
competent authority and directly to the slaughterhouse for
the purpose of immediate slaughter, under official supervi-
sion;

(d) the competent authority responsible for the slaughterhouse
is informed of the intention to send animals to it and noti-
fies the dispatching competent authority of their arrival.

Article 5

Exemption from the exit ban for animals leaving the
restricted zones for intra-Community trade

Dispatches of animals,

their sperm ova and embryos,
1.
from restricted zones A, B, C and D as set out in Annex I shall
be exempted from the exit ban for intra-Community trade by
the competent authority only if:

(a) the animals, their sperm ova and embryos comply with the

conditions laid down in Article 3; and

(b) the Member State of destination gives its prior approval.

(1) OJ L 125, 23.5.1996, p. 10.

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The Member State of origin availing itself of the exemp-
2.
tion provided for in paragraph 1 shall ensure that the following
additional wording is added to the corresponding health certifi-
cates laid down in Council Directives 64/432/EEC (1), 88/407/
EEC (2), 89/556/EEC (3), 91/68/EEC (4) and 92/65/EEC (5):

‘animals/semen/ova/embryos (*)
sion 2003/828/EC.

in compliance with Deci-

Article 7

Implementation measures

The Member States shall amend the measures they apply to
trade so as to bring them into compliance with this Decision
and they shall give immediate appropriate publicity to the
measures adopted. They shall immediately inform the Commis-
sion thereof.

(*) Delete as appropriate.’

Article 6

Transit of animals through a restricted zone

The transit of animals dispatched from an area of the
1.
Community outside the restricted zones set out in Annex I
through a restricted zone set out
in that Annex, shall be
authorised if an insecticide treatment of the animals and of the
means of transport be carried out at the place of loading or in
any case prior to entering the restricted zone.

When during transit through a restricted zone, a rest period is
foreseen in a staging post, an insecticide treatment shall be
carried out in order to protect animals from any attack by
vectors.

2.
In case of intra-Community trade, the transit shall be
subject to the authorisation of the competent authorities of the
Member State of transit and the Member State of destination,
and the following additional wording shall be added to the
corresponding health certificates laid down in Directives 64/
432/EEC, 91/68/EEC and 92/65/EEC:

‘Insecticide treatment with (name of the product) on (date)
at (time) in conformity with Decision 2003/828/EC.’

Article 8

Repeal

Decision 2003/218/EC is repealed. References made to the
repealed Decision shall be construed as references to this Deci-
sion.

Article 9

Applicability

This Decision shall apply from 17 December 2003.

Article 10

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 25 November 2003.

For the Commission

David BYRNE

Member of the Commission

(1) OJ 121, 29.7.1964, p. 1977.
(2) OJ L 194, 22.7.1988, p. 10.
(3) OJ L 302, 19.10.1989, p. 1.
(4) OJ L 46, 19.2.1991, p. 19.
(5) OJ L 268, 14.9.1992, p. 54.

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(Restricted zones: geographic areas where protection and surveillance zones shall be established by the
Member States)

ANNEX I

Zone A (serotypes 2 and 9, and to a lesser extent 4 and 16)

Areas where Article 3(2) is applicable

Sicily:

Molise:

Abruzzi:

Lazio:

Ragusa, Enna

Isernia, Campobasso

Chieti, all municipalities belonging to the local health unit of Avezzano-Sulmona

Frosinone, Latina

Campania:

all municipalities belonging to the local health unit of Caserta I

Areas where Article 3(2) is not applicable

Sicily:

Calabria:

Basilicata:

Apulia:

Campania:

Abruzzi:

Agrigente, Catania, Caltanissetta, Palermo, Mesine, Siracusa e Trapani

Catanzaro, Cosenza, Crotone, Reggio Calabria, Vibo Valentia

Matera, Potenza

Foggia, Bari, Lecce, Taranto, Brindisi

Caserta with the exception of all municipalities belonging to the local health unit of Caserta I, Bene-
vento, Avellino, Napoli, Salerno

L'Aquila with the exception of all municipalities belonging to the local health unit of Avezzano-
Sulmona

Zone B (serotype 2)

Areas where Article 3(2) is applicable

Italy:

Lazio:

Tuscany:

Umbria:

Viterbo, Rome, Rieti

Massa Carrara, Pisa, Grosseto, Livorno

Terni

Areas where Article 3(2) is not applicable

Spain:

Balearic Islands

Zone C (serotypes 2 and 4)

France:

South Corsica, Upper Corsica

Italy:

Sardinia:

Cagliari, Nuoro, Sassari, Oristano

The entire Greek territory with the exception of prefectorates listed in Zone E

Zone D

Dodecanese, Samos, Chios and Lesbos prefectorates

Zone E

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ANNEX II

A. Live animals must have been:

1. protected from Culicoides attack for at least 100 days prior to shipment; or

2. protected from Culicoides attack for at least 28 days prior to shipment, and subjected during that period to a
serological test to detect antibodies to the BTV group, such as the BT competition ELISA or the BT AGID test,
with negative results on two occasions, with an interval of not less than seven days between each test, the first test
being carried out at least 21 days after introduction into the quarantine station; or

3. protected from Culicoides attack for at least 14 days prior to shipment, and subjected during that period to a BTV
isolation test or polymerase chain reaction test, with negative results, on blood samples taken on two occasions,
with an interval of not less than seven days between each test, the first test being carried out at least seven days
after introduction into the quarantine station; and

4. protected from Culicoides attack during transportation to the place of shipment.

B. Semen must have been obtained from donors, which have been:

1. protected from Culicoides attack for at least 100 days before commencement of, and during, collection of the

semen; or

2. subjected to a serological test to detect antibodies to the BTV group such as the BT competition ELISA or the BT
AGID test, with negative results, at least every 60 days throughout the collection period and between 28 and 60
days after the final collection for this consignment; or

3. subjected to a virus isolation test or polymerase chain reaction (PCR) test on blood samples collected at
commencement and conclusion of, and at least every seven days (virus isolation test) or at least every 28 days
(PCR test) during, semen collection for this consignment, with negative results.

C. Ova and embryos must have been obtained from donors, which have been:

1. protected from Culicoides attack for at least 100 days before commencement of and during, collection of the

embryos/ova; or

2. subjected to a serological test to detect antibodies to the BTV group such as the BT competition ELISA or the BT

AGID test, between 28 and 60 days after collection with negative results; or

3. subjected to a BTV isolation test or polymerase chain reaction test on a blood sample taken on the day of collec-

tion, with negative results.