2006/693/EC: Commission Decision of 13 October 2006 amending Decision 2005/393/EC as regards the conditions applicable to movements from or through restricted zones in relation to bluetongue (notified under document number C(2006) 4813)   (Text with EEA relevance)
Date: 2006-10-13
Institutions: European Commission
Subjects: France, Germany, animal disease, disease prevention, sheep, trade restriction, transport of animals

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COMMISSION DECISION

of 13 October 2006

amending Decision 2005/393/EC as regards the conditions applicable to movements from or
through restricted zones in relation to bluetongue

(notified under document number C(2006) 4813)

(Text with EEA relevance)

(2006/693/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 the
second subparagraph of Article 6(1), Article 8(3), Articles 11
and 12 and the second paragraph of Article 19 thereof,

for

Whereas:

(1)

(2)

(3)

Directive 2000/75/EC lays down control
rules and
measures to combat bluetongue in the Community,
including the establishment of protection and surveil-
lance zones and a ban on animals leaving those zones.

Commission Decision 2005/393/EC of 23 May 2005 on
protection and surveillance zones in relation to blue-
tongue and conditions applying to movements from or
through these zones (2) provides for the demarcation of
areas where protection and
the global geographic
surveillance zones (the restricted zones) are to be esta-
blished by the Member States in relation to bluetongue.

for certain restrictions
around the

As soon as the presence of the bluetongue virus is offi-
cially confirmed in a holding, Directive 2000/75/EC
provides
to be applied in a
infected holding. Those
20 km radius
restrictions include a prohibition on the movement of
susceptible
situated
within that radius (the movement ban). The Directive
provides for derogations from the movement ban for
movements of animals in the protection zone.

from and to holdings

animals

(1) OJ L 327, 22.12.2000, p. 74. Directive as amended by the 2003 Act

of Accession.

(2) OJ L 130, 24.5.2005, p. 22. Decision as last amended by Decision

2006/633/EC (OJ L 258, 21.9.2006, p. 7).

(5)

(6)

(7)

(8)

It is therefore appropriate to allow movement of animals
from holdings affected by the movement ban within the
restricted zone for direct transport to a slaughterhouse.
Accordingly, Decision 2005/393/EC should be amended
to allow for such movements.

transmission when animals

Taking into account certain farming practices, it is also
appropriate to provide for specific conditions minimising
the risk of virus
from
holdings affected by the movement ban are transferred
to specific holdings in the restricted zone from which
they can only leave for slaughter. It is also appropriate
to amend Decision 2005/393/EC to provide for such
conditions.

subject

Article 4 of Decision 2005/393/EC currently provides
that domestic movements of animals from a restricted
zone for immediate slaughter within the same Member
State may be exempted from the exit ban by the
to a case-by-case risk
competent authority,
that
assessment
provision does not currently provide that exemptions
from the exit ban are to be linked to a favourable
outcome of the risk assessment.
It is appropriate and
more transparent to require that such exemptions are
to be granted following the favourable outcome of the
risk assessment.

certain conditions. However,

and

The exemption from the exit ban for animals leaving the
restricted zones for
intra-Community trade, currently
provided for in Article 5(1) of Decision 2005/393/EC,
domestic
include
movements to a holding, as laid down in Article 3 of
the Decision, and the prior approval of the Member State
of destination.

conditions

animal

health

for

In the interests of consistency, it is appropriate that the
animal health conditions laid down in Article 4 of
Decision 2005/393/EC for the exemption from the exit
ban for domestic movements for slaughter, together with
the prior approval of the Member State of destination,
also apply to the exemption from the exit ban for
animals
in another
direct
Member State.

slaughter

destined

for

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(9)

(10)

The provisions in Annex II to Decision 2005/393/EC
relating to the movements of
live animals of species
susceptible to bluetongue and their semen, ova and
embryos from restricted zones should be in line with
those conditions laid down in Chapter 2.2.13 of the
Terrestrial Animal Health Code of the World Organi-
sation for Animal Health (OIE).

set out

conditions

Intra-Community trade in frozen semen complying with
the
to Decision
2005/393/EC should not require the prior movement
approval of the Member State of destination, as post-
collection testing verifies beyond doubt the absence of
the disease in the donor animal.

in Annex II

(11)

France and Germany informed the Commission of the
need to adapt
the restricted zone related to those
Member States. Accordingly, it is appropriate to amend
Annex I to Decision 2005/393/EC.

(12) Decision 2005/393/EC should therefore be amended

accordingly.

(13)

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

in this Decision are in
Standing
the

opinion

the

of

(b) animals destined for a holding which is situated in the
restricted zone around the holding of dispatch; and

(i) within a radius of 20 km around an infected holding;

or

(ii) outside a radius of 20 km around an infected

holding, subject to:

health

— prior approvals of and compliance with any
the
guarantees
animal
competent
the
authorities of
holdings of dispatch and destination concerning
measures against the spread of the bluetongue
virus, and protection against attacks by vectors,
or

required
by
the place of

— an agent identification test as set out in Section
A(1)(c) of Annex II carried out with negative
results on a sample taken within 48 hours of
dispatch from the
concerned which
animal
must be protected from any attack by vectors
at least from the time that sample was taken
and must not leave the holding of destination,
except for direct slaughter.’

HAS ADOPTED THIS DECISION:

2. In Article 3,

the introductory phrase of paragraph 3 is

replaced by the following:

Article 1

Decision 2005/393/EC is amended as follows:

1. Article 2a is replaced by the following:

‘Article 2a

Derogation from the movement ban

By way of derogation from Article 6(1)(c) of Directive
2000/75/EC, the following animals shall be exempted from
the ban on movement:

‘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 shall
grant exemptions from the exit ban for domestic movements
of the following:’

3. In Article 4, the introductory phrase and the introductory

phrase in point (a) are replaced by the following:

‘Movements of animals from a restricted zone for immediate
slaughter within the same Member State shall be exempted
from the exit ban by the competent authority if:

(a) animals for direct transport to a slaughterhouse situated
restricted zone around the holding of

within the
dispatch;

(a) a case-by-case risk assessment was carried out with
favourable results on the possible contact between the
animals and the vectors during transport to the slaugh-
terhouse, taking into consideration:’

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4. Article 5 is amended as follows:

(b) the following paragraph 3 is added:

(a) paragraph 1 is replaced by the following:

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

their

‘3.
This Article shall not apply to the movement of
animals in accordance with the derogation provided for
in Article 2a.’

5. Annexes I and II are amended in accordance with the Annex

to this Decision.

Article 2

This Decision is addressed to the Member States.

(a)

the animals, their semen, ova and embryos comply
with the conditions laid down in Articles 3 or 4; and

Done at Brussels, 13 October 2006.

(b) except in the case of frozen semen, the Member State
to the
its

approval prior

of destination gives
movement.’;

For the Commission

Markos KYPRIANOU
Member of the Commission

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I. Annex I to Decision 2005/393/EC is amended as follows:

ANNEX

1. The list of restricted zones in Zone F (serotype 8) which relates to Germany is replaced by the following:

‘Germany:
Hessen

Gesamtes Landesgebiet

Niedersachsen

— Im Landkeis Ammerland: Apen, Edewecht, Westerstede, Bad Zwischenahn

— Im Landkreis Aurich: Krummhörn, Hinte, Ihlow

— Landkreis Cloppenburg

— Im Landkreis Diepholz: Stemshorn, Quernheim, Brockum, Marl, Hüde, Lembruch, Diepholz, Wetschen, Rehden,
Hemsloh, Wagenfeld, Bahrenborstel, Kirchdorf, Varrel, Barver, Drebber, Dickel, Freistatt, Wehrlbleck, Barenburg,
Maasen, Borstel, Sulingen, Eydelstedt, Barnstorf, Drentwede, Ehrenburg, Scholen, Schwaförden, Mellinghausen,
Siedenburg, Staffhorst, Asendorf, Engeln, Affinghausen, Sudwalde, Neuenkirchen, Twistringen, Bassum,
Lemförde

— Stadt Emden

— Landkreis Emsland

— Im Landkreis Göttingen: Staufenberg, Hannoversch-Münden, Bühren, Scheden,

Jühnde, Friedland, Gleichen,
Rosdorf, Niemetal, Dransfeld, Landolfshausen, Waake, Ebergötzen, Wollbrandshausen, Krebeck, Bovenden,
Göttingen, Adelebsen

— Landkreis Grafschaft Bentheim

— Landkreis Hameln-Pyrmont

— In der Region Hannover: Springe, Pattensen, Wenningen, Hemmingen, Laatzen, Ronnenberg, Gehrden, Barsin-

ghausen, Seelze, Stadt Hannover, Garbsen, Wunstorf, Neustadt am Rübenberge

— Im Landkreis Hildesheim: Landwehr, Freden, Winzenburg, Everode, Lamspringe, Neuhof, Woltershausen,
Harbarnsen, Selem, Adenstedt, Alfeld, Coppengrave, Duingen, Weenzen, Hoyershausen, Brüggen, Eberholzen,
Westfeld, Almstedt, Bad Salzdetfurth, Sibbesse, Rheden, Banteln, Eime, Marienhagen, Elze, Gronau an der Leine,
Despetal, Diekholzen, Stadt Hildesheim, Betheln, Nordstemmen, Giesen, Sarstedt

— Landkreis Holzminden

— Im Landkreis Leer: Moormerland; Hesel, Uplengen,

Jemgum; Leer, Holtland; Brinkum, Nortmoor, Filsum;

Detern, Ostrhauderfehn, Rhauderfehn, Westoverledingen, Weener, Bunde

— Im Landkreis Nienburg (Weser): Diepenau, Warmsen, Raddestorf, Uchte, Stolzenau, Steyerberg, Leese, Rehburg-
Loccum, Landesbergen, Husum, Linsburg, Estorf, Binnen, Pennigsehl, Wietzen, Marklohe, Nienburg, Stöckse,
Drakenburg, Balge, Warpe, Liebenau

— Im Landkreis Northeim: Bodenfelde, Uslar, Hardegsen, Nörten-Hardenberg, Katlenburg-Lindau, Northeim,

Moringen, Solling, Dassel, Einbeck, Kreiensen, Kalefeld, Bad Gandersheim

— Im Landkreis Oldenburg: Großenkneten, Wildeshausen, Dötlingen, Colnrade, Winkelsett, Beckeln, Harpstedt,

Wardenburg, Hatten, Dünsen

— Landkreis Osnabrück

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— Stadt Osnabrück

— Landkreis Schaumburg

— Landkreis Vechta

Nordrhein-Westfalen

Gesamtes Landesgebiet

Rheinland-Pfalz

Gesamtes Landesgebiet

Saarland

Gesamtes Landesgebiet.’

2. The list of restricted zones in Zone F (serotype 8) which relates to France is replaced by the following:

‘France:
Protection zone:

— Department of Ardennes

— Department of Aisne: arrondissements of Laon, Saint-Quentin, Soissons, Vervins

— Department of Marne: arrondissements of Reims, Châlons-en-Champagne, Sainte-Menehould, Vitry-le-François

— Department of Meurthe-et-Moselle: arrondissement of Briey

— Department of Meuse

— Department of Moselle: arrondissements of Metz-ville, Metz-campagne, Thionville-est, Thionville-ouest

— Department of Nord

— Department of Pas-de-Calais

— Department of Somme: arrondissements of Péronne

Surveillance zone:

— Department of Aube

— Department of Aisne: arrondissement of Château-Thierry

— Department of Marne: arrondissement of Epernay

— Department of Haute-Marne: arrondissements of Saint-Dizier, Chaumont

— Department of Meurthe-et-Moselle: arrondissements of Toul, Nancy, Lunéville

— Department of Moselle: arrondissements of Boulay-Moselle, Château-Salins, Forbach

— Department of Oise: arrondissements of Clermont, Compiègne, Senlis

— Department of Seine-et-Marne: arrondissements of Meaux, Provins

— Department of Somme : arrondissements of d'Abbeville, d'Amiens, de Montdidier

— Department of Vosges: arrondissement of Neufchâteau’

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II. Annex II to Decision 2005/393/EC is replaced by the following:

‘ANNEX II

as referred to in Article 3(1)

A. Live ruminants

1. Prior to shipment

live ruminants must have been protected from attack from Culicoides likely to be

competent bluetongue virus vectors for at least

(a) 60 days; or

(b) 28 days, and were subjected during that period to a serological test according to the OIE Terrestrial
Manual to detect antibodies to the bluetongue virus group, with negative results, carried out at least 28
days following the date of the commencement of the period of protection from vectors attack; or

(c) 14 days, and were subjected during that period to an agent identification test according to the OIE
the

least 14 days following the date of

Terrestrial Manual, with negative results, carried out at
commencement of the period of protection from vectors attack.

2. During transportation to the place of destination live ruminants must have been protected from Culicoides

attack.

B. Semen of ruminants

1. Semen must have been obtained from donor animals, which have been:

(a) protected from attack from Culicoides likely to be competent bluetongue virus vectors for at least 60 days

before commencement of, and during, collection of the semen; or

(b) subjected to a serological test according to the OIE Terrestrial Manual to detect antibodies to the
bluetongue virus group, with negative results, at least every 60 days during the collection period and
between 21 and 60 days following the final collection; or

(c) subjected, with negative results, to an agent identification test according to the OIE Terrestrial Manual

carried out on blood samples collected at:

(i) the commencement and final collection; and

(ii) during the period of semen collection:

— at least every seven days, in the case of a virus isolation test, or

— at least every 28 days, in the case of a polymerase chain reaction test.

2. Fresh semen may be produced from donor males which have been protected from attack from Culicoides for
at least 30 days before commencement of, and during, collection of the semen, and were subjected to:

(a) a serological test according to the OIE Terrestrial Manual to detect antibodies to the bluetongue virus
group, with negative results, before the first collection and every 28 days during the collection period
and 28 days following the final collection; or

(b) an agent identification test according to the OIE Terrestrial Manual carried out with negative results on

blood samples collected:

(i) at commencement, final collection and seven days following final collection; and

(ii) during the period of semen collection:

— at least every seven days, in case of a virus isolation test, or

— at least every 28 days, in case of a polymerase chain reaction test.

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3. Frozen semen may be produced from donor males which have been tested, with negative results,

in a
serological test according to the OIE Terrestrial Manual for the detection of antibodies for the bluetongue
virus group carried out on a sample taken between 21 and 30 days following the semen collection during
the mandatory storage period in accordance with point 1(f) of Annex C to Council Directive 88/407/EEC (1)
or point (g) of Chapter III of Annex D to Council Directive 92/65/EC (2).

4. Female ruminants shall remain under observation on their holding of origin during at least 28 days

following insemination with fresh semen referred to in paragraphs 1 and 2.

C. Oocytes and Embryos of ruminants

1. In vivo derived embryos of bovine animals must be collected in accordance with Council Directive

89/556/EEC (3)

2. In vivo derived embryos of ruminants other than bovines and in vitro produced bovine embryos must have

been obtained from donor females, which have been:

(a) protected from attack from Culicoides likely to be competent bluetongue virus vectors for at least 60

days before commencement of, and during, collection of the embryos/oocytes; or

(b) subjected to a serological test according to the OIE Terrestrial Manual to detect antibodies to the
bluetongue virus group, between 21 and 60 days following collection of the embryos/oocytes, with
negative results; or

(c) subjected to an agent identification test according to the OIE Terrestrial Manual on a blood sample taken

on the day of collection of the embryos/oocytes, with negative results.

(1) OJ L 194, 22.7.1988, p. 10.
(2) OJ L 268, 14.9.1992, p. 54.
(3) OJ L 302, 19.10.1989, p. 1.’