2.3.2007 EN Official Journal of the European Union L 64/37
COMMISSION DECISION
of 28 February 2007
amending Decision 2005/393/EC as regards the conditions for the exemption from the exit ban for intra-Community trade and as regards the demarcation of the restricted zones in Bulgaria, France, Germany, and Italy
(notified under document number C(2007) 597)
(Text with EEA relevance)
(2007/146/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(3) and Articles 11 and 12 thereof,
Whereas:
(1) Directive 2000/75/EC lays down control rules and measures to combat bluetongue in the Community, including the establishment of protection and surveillance zones and a ban on animals leaving those zones.
(2) Commission Decision 2005/393/EC of 23 May 2005 on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones (2) provides for the demarcation of the global geographic areas where protection and surveillance zones (the restricted zones) are to be established by the Member States in relation to bluetongue.
(3) Intra-Community trade in ova and embryos complying with the conditions set out in Annex II.C.1 to Decision 2005/393/EC should not require the prior movement approval of the Member State of destination, as no post-collection testing for bluetongue is required, according to the risk assessment carried out by the International Embryo Transfer Society (IETS) and in line with the recommendations of the Office International des Epizooties (OIE) as regards that disease.
(4) Intra-Community trade in ova and embryos complying with the conditions set out in Annex II.C.2 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.
(5) On 20 December 2006 France requested the Commission to adapt the demarcation of the restricted zone in France due to the cessation of the vector’s activity in the affected area.
(6) By Decision 2006/762/EC (3), the Commission adopted certain protective measures against bluetongue in Bulgaria to avoid the spread of the disease from the affected area of the administrative district of Burgas in relation to the import into the Community of susceptible animals.
(7) Consequently, Bulgaria being a Member State since 1 January 2007, the affected area should now be included in Annex I to Decision 2005/393/EC.
(8) On 9 January 2007 Germany informed the Commission of new outbreaks of bluetongue in Hessen and Lower Saxony. In view of those findings, it is appropriate to amend the demarcation of the restricted zone in Germany.
(9) On 10 January 2007, Italy presented a report to the Standing Committee for the Food Chain and Animal Health which concludes that the surveillance system in place in Italy has proved that no seroconversion has occurred in the Region of Marche, since April 2005.
(10) Consequently, that region should be considered free of bluetongue and, on the basis of the substantiated request submitted by Italy, deleted from the Italian regions listed under Zone B in Annex I to Decision 2005/393/EC.
(11) Decision 2005/393/EC should therefore be amended accordingly.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Decision 2005/393/EC is amended as follows:
1. In Article 5(1), point (b) is replaced by the following:
‘(b) except in the case of frozen semen and of ova and embryos, the Member State of destination gives its approval prior to the movement.’
2. Annex I is amended in accordance with the Annex to this Decision.
This Decision is addressed to the Member States.