2004/762/EC: Commission Decision of 12 November 2004 amending Decision 2003/828/EC as regards movements of animals from and inside a restricted zone in Spain and Portugal, in relation to outbreaks of bluetongue in Spain (notified under document number C(2004) 4398)Text with EEA relevance
Date: 2004-11-12
Institutions: European Commission
Subjects: Portugal, Spain, animal disease, epidemiology, sheep, transport of animals, veterinary inspection, veterinary legislation

L 337/70

EN

Official Journal of the European Union

13.11.2004

COMMISSION DECISION

of 12 November 2004

amending Decision 2003/828/EC as regards movements of animals from and inside a restricted zone
in Spain and Portugal, in relation to outbreaks of bluetongue in Spain

(notified under document number C(2004) 4398)

(Text with EEA relevance)

(2004/762/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Circulation of bluetongue virus has
recently been
detected in Andalusia and Estremadure in southern Spain.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 2000/75/EC of 20
the
November 2000 laying down specific provisions
control and eradication of bluetongue (1), and in particular
Articles 8(2)(d), and 9(1)(c) and Article 12 thereof,

for

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 (2), and in
particular Article 10(3) and (4) thereof,

Whereas:

(1)

Commission Decision 2003/828/EC of 25 November
2003 on protection and surveillance zones in relation
to bluetongue (3) was adopted in the light of the blue-
tongue situation prevailing in the affected regions of the
Community. That Decision demarcates protection and
surveillance zones (the restricted zones) corresponding
to specific epidemiological situations and lays down the
conditions for providing exemptions from the exit ban
laid
certain
movements of animals, their sperm, ova and embryos
from and through those zones.

in Directive 2000/75/EC for

down

(2)

In the interests of reducing the risks of the spread of
bluetongue, movements bans within restricted zones
should be possible for epidemiological l reasons.

(1) OJ L 327, 22.12.2000, p. 74.
(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
2002/33/EC of the European Parliament and of the Council (OJ L
315, 19.11.2002, p. 14).

(3) OJ L 311, 27.11.2003, p. 41. Decision as last amended by Decision

2004/550/EC (OJ L 244, 16.7.2004, p. 51).

(4)

(5)

(6)

In accordance with Directive 2000/75/EC, and taking
into account the geographical, ecological and epizootio-
logical situation of those regions in Spain affected by the
the list of restricted
recent outbreaks of bluetongue,
zones set out
to Decision 2003/828/EC
should be amended in order to add a new restricted
zone comprising those regions. Decision 2003/828/EC
should therefore be amended accordingly.

in Annex I

In addition, even if no outbreak of bluetongue has been
observed in Portugal, for epidemiological consistency and
ecological continuity, certain regions in Portugal should
also be added to the new restricted zone. Nevertheless, in
the disease,
the interests of preventing the spread of
movements of animals from the Spanish part of
the
new restricted zone to Portugal should be prohibited.

that

Directive 90/425/EEC provides
certain interim
protective measures may be adopted following the
outbreak of an epizootic disease in the Community.
Commission Decision 2004/697/EC of 14 October
2004 on certain protective measures against bluetongue
in Spain (4) was adopted in response to the reports of
outbreaks of that disease in certain provinces in Spain in
2004. In accordance with that Decision, those measures
have been submitted to the Standing Committee on the
Food Chain and Animal Health at its meeting of 19
October 2004. In the light of the recent developments,
the protective measures taken by Decision 2004/697/EC
should be
replaced by Decision
repealed and be
2003/828/EC, as amended by this Decision.

(7)

The measures provided for in this Decision should be
reviewed at
the Standing Committee of Food Chain
and Animal Health foreseen on the 11 November.

(4) OJ L 316, 15.10.2004, p. 96.

13.11.2004

EN

Official Journal of the European Union

L 337/71

(8)

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Decision 2003/828/ EC is amended as follows:

1.

in Article 1,
following:

the third subparagraph is replaced by the

‘This Decision shall not affect movements
the
restricted zones referred to in the first subparagraph of
Article 2(1), except where otherwise provided.’;

inside

2. Article 2(1) is replaced by the following:

Restricted zones A, B, C, D, E and F shall be

‘1.
demarcated as 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
Decision.

In the case of the restricted zone F set out in Annex I,
movements of live animals of species susceptible to blue-
tongue from a territory of Spain to Portugal shall be
prohibited unless authorised by the competent authorities.’;

3.

in Annex I, the following restricted zone F is added:

PORTUGAL:

do Chão, Avis, Mora,

— Regional Direction of Agriculture of Alentejo: concelhos of
Niza, Castelo de Vide, Marvão, Ponte de Sor, Crato,
Sousel,
Portoalegre, Alter
Fronteira, Monforte, Arronches, Campo Maior, Elvas,
Arraiolos, Estremoz, Borba, Vila Viçosa, Alandroal,
Redondo,
de Monsaraz,
Mourão, Moura, Barrancos; Mértola, Serpa, Beja, Vidi-
Ferreira do Alentejo, Cuba, Alvito, Viana,
gueira,
Montemor-o-Novo, Vendas Novas, Alcácer do Sal (East
of A2,
the freguesias of Santa Susana, Santiago and
Torrão) Gavião (feguesias of Gavião, Atalaia, Margem
and Comenda),

Portel, Reguengos

Évora,

— Regional Direction of Agriculture do Ribatejo e Oeste:
concelhos of Montijo (freguesias of Canha, S. Isidoro de
Pegões and Pegões), Coruche, Salvaterra de Magos,
(freguesias of Pinheiro
Almeirim, Alpiarça, Chamusca,
Grande, Chamusca, Ulme, Vale de Cavalos, Chouto and
Parreira), Constância (freguesia of Sta Margarida de
Coutada), Abrantes (freguesias of Tramagal, S. Miguel do
Rio Torto, Rossio ao Sul do Tejo, Pego, Concovoadas,
Alvega, S. Facundo, Vale das Mós and Bemposta).’

Article 2

Decision 2004/697/EC is repealed.

Article 3

‘Zone F

This Decision shall apply from 16 November 2004.

SPAIN:

Article 4

— Province of Cádiz, Málaga, Sevilla, Huelva, Córdoba, Jaén,

This Decision is addressed to the Member States.

Cáceres, Badajoz,

— Province of Toledo (comarcas of Oropesa, Talavera de la

Done at Brussels, 12 November 2004.

Reina, Belvis de Jara and Los Navalmorales),

— Province of Ciudad Real

(comarcas of Horcajo de los
Montes, Piedrabuena, Almadén and Almodóvar del
Campo).

For the Commission

David BYRNE
Member of the Commission