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

24.5.2005 EN Official Journal of the European Union L 130/22
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
,
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) 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 bluetongue. It also sets out the conditions for exempting certain movements of animals, their sperm, ova and embryos from the exit ban provided for in Directive 2000/75/EC (the exit ban).
(2) 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.
(4) Pursuant to Directive 2000/75/EC, the demarcation of protection and surveillance zones must take account of geographical, administrative, ecological and epizootiological factors connected with bluetongue and of 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.
(5) 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 information.
(6) Decision 2003/828/EC includes Greece in the global geographical areas where restricted zones are to be established. 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, it is appropriate to delete Greece from that list.
(7) 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. Taking into account the geographical, administrative, ecological and epizootiological factors connected with bluetongue in the areas concerned in Portugal, the demarcation of those zones should be amended.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,