{
  "url": "https://openlegislation.uk/eu-regulation-2009-123/article-1",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-123/article-1.json",
  "legislation": "eur/2009/123",
  "legislation_title": "Commission Regulation (EC) No 123/2009 of 10 February 2009 amending Regulation (EC) No 1266/2007 as regards conditions for movements of animals within the same restricted zone and the conditions for exempting animals from the exit ban provided for in Council Directive 2000/75/EC (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-123",
  "path": "article/1",
  "kind": "article",
  "number": "1",
  "heading": null,
  "text": "Regulation (EC) No 1266/2007 is amended as follows:\n1.. Article 7 is amended as follows:\n(a) the following paragraph 2a is inserted:\n‘2a. Member States may, on the basis of the outcome of a risk assessment which must take into account sufficient epidemiological data obtained following the implementation of monitoring with sentinel animals in accordance with point 1.1.2.1 of Annex I, demarcate a part of a protection zone as a “restricted zone with vaccination and without circulation of bluetongue virus of a specific serotype or serotypes” (lower-risk area), subject to the following conditions:\n(i) vaccination is applied in that part of the protection zone for a specific bluetongue virus serotype or serotypes;\n(ii) there is no bluetongue virus circulating in that part of the protection zone for that specific bluetongue serotype or serotypes.\nA Member State which intends to demarcate a part of a protection zone as a “lower-risk area” shall notify its intention to the Commission. That notification shall be accompanied by all the necessary information and data to justify the demarcation in view of the epidemiological situation of the zone concerned, in particular with regard to the bluetongue monitoring programme in place. It shall also inform the other Member States without delay.\nMovements of animals within the same restricted zone from an area where the same bluetongue virus serotype or serotypes are circulating to a part of the same restricted zone demarcated as a “lower-risk area” may only be permitted if:\n(a) the animals comply with the conditions set out in Annex III; or\n(b) the animals comply with any other appropriate animal health guarantees based on a positive outcome of a risk assessment of measures against the spread of the bluetongue virus and protection against attacks by vectors, required by the competent authority of the place of origin and approved by the competent authority of the place of destination, prior to the movement of such animals; or\n(c) the animals are destined for immediate slaughter.’;\n(b) paragraphs 3 and 4 are replaced by the following:\n‘3. The Member State of origin shall immediately inform the Commission and the other Member States of the animal health guarantees referred to in paragraph 2(b) or 2a(b).\n4. For the animals referred to in paragraphs 1, 2 and 2a of this Article, 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, or referred to in Decision 93/444/EEC:\nAnimals in compliance with … (Article 7(1), or 7(2)(a), or 7(2)(b), or 7(2)(c), or 7(2a)(a) or 7(2a)(b), or 7(2a)(c), indicate as appropriate) of Regulation (EC) No 1266/2007’;’;\n2.. in Annex I, point 1.1.2.1. is replaced by the following:\n‘1.1.2.1.\nMonitoring with sentinel animals:\nmonitoring with sentinel animals shall consist of an active annual programme of testing sentinel animals aimed at assessing the circulation of the bluetongue virus within the restricted zone. Where possible, sentinel animals must be bovine animals. They must be located in areas of the restricted zone where, following a risk analysis considering entomological and ecological evaluations, the presence of the vector has been confirmed or habitats suitable for the vector’s breeding are present,\nsentinel animals shall be tested at least once a month during the period of activity of the vector involved, if known. In the absence of such information the sentinel animals shall be tested at least once a month throughout the year,\nthe minimum number of sentinel animals per geographical unit of reference for the purposes of bluetongue monitoring and surveillance must be representative and sufficient in order to detect a monthly incidence of 2 % with 95 % confidence in each geographical unit of reference,\nlaboratory testing shall be designed in such a way that positive screening tests are followed by the specific serotype serological/virological tests targeted to the appropriate bluetongue serotype or serotypes necessary to ascertain the specific serotype circulation in each epidemiologically relevant geographical area.;’\n3.. in Annex III, Section A is amended as follows:\n(a) point 5(b) is replaced by the following:\n(b) ‘they have been vaccinated with an inactivated vaccine before at least the number of days necessary for the onset of the immunity protection set in the specifications of the vaccine approved in the vaccination programme and were subjected to an agent identification test according to the OIE Terrestrial Manual, with negative results, carried out at least 14 days after the onset of the immunity protection set in the specifications of the vaccine approved in the vaccination programme; however, that agent identification test is not necessary for movements of animals from a part of a restricted zone demarcated as a “lower-risk area” in accordance with Article 7(2a) of this Regulation.’;\n(b) the third paragraph is replaced by the following:\n‘For pregnant animals, at least one of the conditions set out in points 5, 6 and 7 must be complied with before insemination or mating, or the condition set out in point 3 must be complied with. In case a serological test, as set out in point 3, is carried out, that test shall be carried out not earlier than seven days before the date of movement.’.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "It has been estimated that 20 % is the normal annual rate of seroconversion in an infected zone. However, in the Community, virus circulation mainly takes place in a period of around six months (end of spring/mid-autumn). Therefore 2 % is a conservative estimation of the expected monthly rate of seroconversion.’"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/123/article/1",
    "retrieved_at": "2026-11-01T14:51:39.619891+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}