2005/216/EC: Commission Decision of 9 March 2005 amending Decision 2003/828/EC as regards exemptions from the exit ban for domestic movements of animals (notified under document number C(2005) 544) (Text with EEA relevance)
Date: 2005-03-09
Institutions: European Commission
Subjects: animal disease, derogation from EU law, disease prevention, sheep, trade restriction, transport of animals

16.3.2005

EN

Official Journal of the European Union

L 69/39

COMMISSION

COMMISSION DECISION

of 9 March 2005

amending Decision 2003/828/EC as regards exemptions from the exit ban for domestic movements
of animals

(notified under document number C(2005) 544)

(Text with EEA relevance)

(2005/216/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

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

for

Whereas:

(1)

regions of

situation prevailing in the

Commission Decision 2003/828/EC of 25 November
2003 on protection and surveillance zones in relation
to bluetongue (2) was adopted in the light of the blue-
tongue
the
Community affected by outbreaks of that disease. That
Decision demarcates protection and surveillance zones
(the restricted zones) corresponding to specific epidemio-
logical situations and lays down the conditions for
providing for exemptions from the exit ban provided
for in Directive 2000/75/EC for certain movements of
animals, their sperm, ova and embryos from and through
those zones.

(2) Winter conditions

the
in parts of
Community affected by bluetongue have resulted in a
cessation of the vector’s activity and as a consequence
of the circulation of the bluetongue virus.

the regions of

(1) OJ L 327, 22.12.2000, p. 74.
(2) OJ L 311, 27.11.2003, p. 41. Decision as last amended by Decision

2005/138/EC (OJ L 47, 18.2.2005, p. 38).

Accordingly, it is appropriate to establish rules providing
for exemptions from the exit ban for animals in the
concerned parts of the restricted zones during periods
where there is a proven absence of viral circulation or
of vectors.

(4) When since the cessation of the vector’s activity a period
has elapsed which is longer than the seroconversion
period, seronegative animals can be moved with an
acceptable level of risk from the restricted zones as
they cannot be or become infected. Animals which are
seropositive but virologically negative (PCR negative) may
also be moved as they are not and cannot become
viremic.

(5)

(6)

(7)

(8)

Animals born after the cessation of the vector’s activity
cannot be infected and as a consequence can be moved
with no risk from the restricted zone in the absence of
the vector’s activity.

As the traceability of the movements of those animals
must be subject
those movements
to strict controls,
should be limited to domestic movements to holdings
registered by the competent authority of the holding of
destination.

In addition, any such movements must cease when the
vector’s activity re-starts in an epidemiological relevant
area of the restricted zones concerned.

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

in this Decision are in
Standing
the

opinion

the

of

L 69/40

EN

Official Journal of the European Union

16.3.2005

HAS ADOPTED THIS DECISION:

Article 1

(b) animals which are

serologically (ELISA or AGID)
serologically positive but virologically

negative or
(PCR) negative; or

Article 3 of Decision 2003/828/EC is amended as follows:

(c) animals born after the date of cessation of the vector’s

activity.

(a) paragraph 1 is replaced by the following:

prejudice

to
their

‘1. Without
paragraph 3a,
domestic
sperm, ova and embryos,
dispatches of animals,
shall be
from a restricted zone set out
exempted from the exit ban provided that
the animals,
their sperm, ova and embryos comply with the conditions
set out in Annex II or, in the case of Spain, France, Italy and
Portugal, that they comply with paragraph 2 or in the case
of Greece that they comply with paragraph 3.’;

in Annex I

The competent authority shall only grant the exemptions
in this paragraph during the period of
provided for
cessation of the vector’s activity.

Where on the base of the epidemiosurveillance programme
as provided for in Article 9(1)(b) of Directive 2000/75/EC, it
is detected that the vector’s activity in the restricted zone
concerned has re-started,
the competent authority shall
ensure that such exemptions no longer apply.’

Article 2

(b) the following paragraph 3a is inserted after paragraph 3:

This Decision shall apply from 19 March 2005.

‘3a. Where in an epidemiological relevant area of the
restricted zones set out in Annex I more than 40 days
have elapsed from the date when the vector ceased to be
active, the competent authority may grant exemptions from
the exit ban for domestic dispatches of the following:

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 9 March 2005.

(a) animals which are destined for holdings registered for
this purpose by the competent authority of the holding
of destination and which may only be moved from such
holdings to a slaughterhouse;

For the Commission

Markos KYPRIANOU
Member of the Commission