2005/393/EC: Commission Decision of 23 May 2005 on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones (notified under document number C(2005) 1478) Text with EEA relevance
Date: 2005-05-23
Institutions: European Commission
Subjects: agricultural region, animal disease, derogation from EU law, disease prevention, sheep, trade restriction, transport of animals

L 130/22

EN

Official Journal of the European Union

24.5.2005

COMMISSION DECISION

of 23 May 2005

on protection and surveillance zones in relation to bluetongue and conditions applying to
movements from or through these zones

(notified under document number C(2005) 1478)

(Text with EEA relevance)

(2005/393/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

to

regard

Council Directive

of
Having
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,

2000/75/EC

Whereas:

(1)

(2)

Commission Decision 2003/828/EC (2) provides for the
demarcation of
the global geographical areas where
protection and surveillance zones (restricted zones) are
to be established by the Member States in relation to
for
bluetongue.
exempting certain movements of animals, their sperm,
ova and embryos from the exit ban provided for in
Directive 2000/75/EC (the exit ban).

also sets out

conditions

the

It

Following the evolution of the outbreak or new invasions
of bluetongue in the Community from third countries,
Decision 2003/828/EC has been amended several times
to adapt the demarcation of those zones to new animal
health conditions.

(3)

For the sake of clarity of Community legislation,
it is
appropriate to repeal Decision 2003/828/EC and to
replace it by this Decision.

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

2005/216/EC (OJ L 69, 16.3.2005, p. 39).

(5)

(6)

(7)

(8)

factors connected with bluetongue and of

Pursuant to Directive 2000/75/EC, the demarcation of
protection and surveillance zones must take account of
geographical, administrative, ecological and epizootio-
logical
the
control arrangements. Taking account of those factors
and arrangements as well as the information submitted
by the Member States, it is appropriate to maintain the
zones as set out in Decision 2003/828/EC, except in the
case of Greece and Portugal.

According to the latest scientific information available,
movements of vaccinated animals may be considered
safe irrespective of the virus circulation at the place of
origin or the vectors activity at the place of destination.
Therefore, exemptions from the exit ban for domestic
movements as set out in Decision 2003/828/EC should
be amended to take account of
that scientific infor-
mation.

Decision 2003/828/EC includes Greece in the global
geographical areas where restricted zones are to be estab-
lished. Greece has submitted a duly substantiated request
to the Commission in accordance with Directive
2000/75/EC requesting that Greece be deleted from the
list of global geographical areas set out
in Decision
2003/828/EC. Accordingly,
is appropriate to delete
Greece from that list.

it

Portugal has submitted a duly substantiated request to
change the demarcation of the restricted zones set out
in Decision 2003/828/EC as regards that Member State.
the geographical, administrative,
Taking into account
factors connected with
ecological and epizootiological
bluetongue in the areas concerned in Portugal,
the
demarcation of those zones should be amended.

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

in this Decision are in
Standing
the

opinion

the

of

24.5.2005

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Official Journal of the European Union

L 130/23

HAS ADOPTED THIS DECISION:

Domestic movements as referred to in paragraph 1 shall
2.
be exempted from the exit ban by the competent authority if:

Article 1

Subject matter

(a)

the animals originate from a herd vaccinated according to a
vaccination
competent
authority;

programme

adopted

the

by

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

The purpose of this Decision 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 restricted zones and through those restricted zones
(transit).

This Decision shall not apply to movements inside the restricted
zones referred to in the first subparagraph of Article 2, except
as provided for in other Articles.

Article 2

Demarcation of restricted zones

Restricted zones shall be demarcated within the global geogra-
phical areas listed for zones A, B, C, D and E in Annex I.

Exemptions from the exit ban for those restricted zones shall
only take place in accordance with Articles 3, 4, 5 and 6.

In the case of restricted zone E, movements of live animals of
ruminant species between Spain and Portugal shall be subject to
authorisation by the competent authorities concerned on the
base of a bilateral agreement.

Article 3

Exemption from the exit ban for domestic movements

1.
Domestic movements of animals, their sperm, ova and
embryos, from a restricted zone shall be exempted from the
exit ban provided that
their sperm, ova and
the animals,
embryos comply with the conditions set out in Annex II or
that they comply with paragraphs 2 or 3 of this Article.

(b) the animals have been vaccinated more than 30 days but
less than 12 months before the date of
the movement
against the serotype(s) present or possibly present in an
epidemiologically relevant area of origin.

3. Where in an epidemiological relevant area of the restricted
zones 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 movements of the
following:

(a) animals which are destined for holdings registered for this
purpose by the competent authority of the holding of desti-
nation and which may only be moved from such holdings
for direct slaughter;

(b) animals which are serologically (ELISA or AGID*) negative
or serologically positive but virologically (PCR*) negative; or

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

activity.

The competent authority shall only grant
the exemptions
provided for in this paragraph during the period of 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
the vector’s activity in the restricted zone
detected that
concerned has restarted, the competent authority shall ensure
that such exemptions no longer applies.

4.
A channeling procedure shall be set up, under the control
of the competent authority, to ensure that animals moved under
the conditions provided for in this Article, are not subsequently
moved to another Member State.

L 130/24

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Official Journal of the European Union

24.5.2005

Article 4

Exemption from the exit ban for domestic movements for
slaughter

Movements of animals from a restricted zone for immediate
slaughter within the same 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 the animals and the vectors during transport to
the slaughterhouse is made, taking into consideration:

(i) the data available through the surveillance programme
in Article 9(1)(b) of Directive

as provided for
2000/75/EC on the vector’s activity;

(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 approval prior to

the movement.

2.
The Member State of origin of the animals concerned by
the exemption, as provided for in paragraph 1, shall ensure that
the following additional wording is added to the corresponding
health
Council Directives
down
64/432/EEC (2), 88/407/EEC (3), 89/556/EEC (4), 91/68/EEC (5)
and 92/65/EEC (6):

certificates

laid

in

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

restricted zone to the slaughterhouse;

‘animals/semen/ova/embryos (*) in compliance with Decision
2005/393/EC

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

point (ii);

___________
(*) delete as appropriate’

(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);

Article 6

Transit of animals through a restricted zone

The transit of animals dispatched from an area outside a
1.
restricted zone, through a restricted zone, 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.

(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 moved directly to the slaugh-
terhouse under official supervision;

When during the 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.

(d) the competent authority responsible for the slaughterhouse
is informed of the intention to send animals to the slaugh-
terhouse prior to transport and notifies the dispatching
competent authority of their arrival.

2.
In the 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:

Article 5

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

1. Movements of animals,
their sperm ova and embryos,
from the restricted zones shall be exempted from the exit ban
for intra-Community trade by the competent authority if:

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

‘Insecticide treatment with (name of the product) on (date) at
(time) in conformity with Decision 2005/393/EC.’

(2) OJ 121, 29.7.1964, p. 1977/64.
(3) OJ L 194, 22.7.1988, p. 10.
(4) OJ L 302, 19.10.1989, p. 1.
(5) OJ L 46, 19.2.1991, p. 19.
(6) OJ L 268, 14.9.1992, p. 54.

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Official Journal of the European Union

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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
inform the
shall
Commission thereof.

adopted. They

immediately

Article 8

Repeal

Decision 2003/828/EC is repealed.

Article 9

Applicability

This Decision shall apply from 13 June 2005.

Article 10

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 23 May 2005.

References to the repealed Decision shall be construed as
references to this Decision.

For the Commission

Markos KYPRIANOU
Member of the Commission

L 130/26

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Official Journal of the European Union

24.5.2005

ANNEX I

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

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

I t a l y

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

Basilicata: Matera, and Potenza

Calabria:

Catanzaro, Cosenza, Crotone, Reggio Calabria, Vibo Valentia

Campania: Caserta, Benevento, Avellino, Napoli, Salerno

Lazio:

Frosinone, Latina

Molise:

Isernia, Campobasso

Puglia:

Foggia, Bari, Lecce, Taranto, Brindisi

Sicilia:

Agrigento, Catania, Caltanissetta, Enna, Messina, Palermo, Ragusa, Siracusa and Trapani

M a l t a

I t a l y

Zone B
(serotype 2)

Abruzzo:

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

Lazio:

Viterbo, Roma, Rieti

Marche:

Ascoli Piceno, Macerata

Toscana: Massa Carrara, Pisa, Grosseto, Livorno

Umbria:

Terni and Perugia

Zone C
(serotypes 2 and 4 and to a lesser extend 16)

F r a n c e

Corse du sud, Haute Corse

S p a i n

Islas Baleares (where serotype 16 is absent)

I t a l y

Sardinia:

Cagliari, Nuoro, Sassari, Oristano

C y p r u s

Zone D

Zone E
(serotype 4)

S p a i n :
— Province of Cádiz, Málaga, Sevilla, Huelva, Córdoba, Cáceres, Badajoz
— Province of Jaen (comarcas of Jaen and Andujar)

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— Province of Toledo (comarcas of Oropesa, Talavera de la Reina, Belvis de Jara and Los Navalmorales)

— Province of Ciudad Real (comarcas of Horcajo de los Montes, Piedrabuena, Almadén and Almodóvar del Campo)

P o r t u g a l :
— Regional Direction of Agriculture of Algarve: all concelhos

— Regional Direction of Agriculture of Alentejo: all concelhos

— Regional Direction of Agriculture of Ribatejo e Oeste: concelhos of Montijo (freguesias of Canha, S. Isidoro de Pegões
and Pegões), Coruche, Setúbal, Palmela, Alcochete, Benavente, Salvaterra de Magos, Almeirim, Alpiarça, Chamusca,
Constância, Abrantes and Sardoal

— Regional Direction of Agriculture of Beira Interior: conchelos of Penamacor, Fundão, Oleiros, Sertã, Vila de Rei, Idanha

a Nova, Castelo Branco, Proença-a-Nova, Vila Velha de Rodao and Mação

L 130/28

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Official Journal of the European Union

24.5.2005

ANNEX II

as referred to in Article 3(1)

A. Live animals must have been:

1. protected from culicoïdes attack for at least 100 days prior to movement; or

2. protected from culicoïdes attack for at least 28 days prior to movement, and subjected during that period to a
serological test to detect antibody 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 culicoïdes attack for at least 14 days prior to movement, 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
from the date of introduction into the quarantine station; and

4. protected from culicoïdes attack during transportation to the place of movement.

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

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

of the semen; or

2. subjected to a serological test to detect antibody 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. Ovas and embryos must have been obtained from donors, which have been:

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

the embryos/ovas; or

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

BT AGID test, between 28 and 60 days from the date of 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

collection, with negative results.