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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from or through these zones (notified under document number C(2005) 1478) (Text with EEA relevance) (2005/393/EC) (repealed)

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Article 1Subject matter

The purpose of this Decision is to demarcate the global 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 2Demarcation of restricted zones

Restricted zones shall be demarcated within the global geographical 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 3Exemption 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 the animals, their sperm, ova and embryos comply with the conditions set out in Annex II or that they comply with paragraphs 2 or 3 of this Article.

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

(a)

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

(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 destination 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 detected that the vector’s activity in the restricted zone 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.

Article 4Exemption 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 as provided for in Article 9(1)(b) of Directive 2000/75/EC on the vector’s activity;

(ii)

the distance from the point of entry in the non-restricted zone to the slaughterhouse;

(iii)

the entomological data on the route referred to in point (ii);

(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);

(b)

the animals to be moved do not show any sign of bluetongue on the day of transport;

(c)

the animals are transported in vehicles sealed by the competent authority and moved directly to the slaughterhouse under official supervision;

(d)

the competent authority responsible for the slaughterhouse is informed of the intention to send animals to the slaughterhouse prior to transport and notifies the dispatching competent authority of their arrival.

Article 5Exemption 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:

(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 certificates laid down in Council Directives 64/432/EEC(2), 88/407/EEC(3), 89/556/EEC(4), 91/68/EEC(5) and 92/65/EEC(6):

animals/semen/ova/embryos(7) in compliance with Decision 2005/393/EC

Article 6Transit of animals through a restricted zone

1.The transit of animals dispatched from an area outside a 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.

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.

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:

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

Article 7Implementation 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 adopted. They shall immediately inform the Commission thereof.

Article 8Repeal

Decision 2003/828/EC is repealed.

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

Article 9Applicability

This Decision shall apply from 13 June 2005.

Article 10Addressees

This Decision is addressed to the Member States.

Done at Brussels, 23 May 2005.

For the Commission

Markos Kyprianou

Member of the Commission

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