{
  "url": "https://openlegislation.uk/eu-regulation-2009-616/article-4",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-616/article-4.json",
  "legislation": "eur/2009/616",
  "legislation_title": "Commission Regulation (EC) No 616/2009 of 13 July 2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-616",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Granting approval of compartments",
  "text": "1. The initial approval of a compartment shall only be granted by the competent authority for compartments which are situated in an area of Great Britain where no restrictions apply in relation to avian influenza, pursuant to EU-derived domestic legislation.\nThe initial approval of a compartment shall only be granted where a national surveillance programme in order to detect the prevalence of infections with avian influenza virus subtypes H5 and H7 in different species of poultry, has been put in place by an appropriate Minister.\n2. Before granting approval for a compartment, the competent authority shall ensure that in the compartment:\n(a) specific protection and surveillance for avian influenza has been carried out for a period of at least six months prior to the date of application, as required by Part 3 of the Annex (including at least one testing procedure as required in point 4 of Part 3 of the Annex), and the presence of avian influenza has not been detected in any of the holdings comprising the compartment during that period;\n(b) where appropriate, vaccination plans are carried out in accordance with EU-derived domestic legislation;\n(c) the information submitted in accordance with Article 3(2) is complete and accurate;\n(d) a common biosecurity management system, as set out in point 1 of Part 2 of the Annex, has been implemented and has shown to be sufficient to ensure a distinct health status with respect to avian influenza for the poultry or other captive birds population of the compartment;\n(e) an official on-site control has been carried out with favourable results with respect to points (a) to (d);\n3. The compartment shall have only one name and be granted only one approval number.\n4. The competent authority shall ensure that following the granting of approval of a compartment, it is listed without delay on the list of approved compartments on the Internet-based information page provided for in Article 9(1) with detailed information concerning the location of the holdings comprising the compartment and whether they are exit or supplier holdings (list of approved compartments).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 4(1) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 15(4)(a)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(12)(b)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 4(1) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 15(4)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 4(1) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 15(4)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 4(2)(b) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 15(4)(b); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/616/article/4",
    "retrieved_at": "2026-11-01T14:51:24.142181+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."
}