
Article 1 
Regulation (EC) No 1266/2007 is amended as follows:

1.. In Article 7(2a), the introductory phrase is replaced by the following:
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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 in accordance with point 1.1.2.1 or point 1.1.2.2 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:'
2.. In Article 9, paragraph 1(c) and paragraphs 2 and 3 are replaced by the following:
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((c)) when a rest period of more than one day is foreseen at a control post during the movement through a restricted zone, the animals are protected against attacks by vectors in a vector proof establishment.
2. Paragraph 1 of this Article shall not apply if the transit takes place:
(a) exclusively from or through epidemiologically relevant geographical areas of the restricted zone during the bluetongue seasonally vector-free period defined in accordance with Annex V, or
(b) from or through parts of the restricted zone demarcated as a “lower-risk area” in accordance with Article 7(2a).
3. Where the animals comply with at least one of the conditions set out in points 5, 6 and 7 of Section A of Annex III, the treatment of animals provided for in paragraph 1(a) and (b) and the protection of animals provided for in paragraph 1(c) shall not apply.
4. For the animals referred to in paragraph 1 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:Insecticide/repellent treatment with … (insert name of the product) on … (insert date) in conformity with Regulation (EC) No 1266/2007'
3.. In Article 9a, the following paragraph 4 is added:
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4. For the animals referred to in paragraph 1 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:Animals in compliance with Article 9a(1) of Regulation (EC) No 1266/2007’.'
4.. Annexes I and III are amended in accordance with the Annex to this Regulation.
Article 2 
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 28 August 2009.
For the Commission
Androulla VASSILIOU
Member of the Commission
ANNEX

Annexes I and III are amended as follows:

1.. Annex I is amended as follows:

((a)) Point 1.1.2.2 is replaced by the following:
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1.1.2.2. 

— shall consist of at least an active annual programme of serological/virological testing of susceptible species populations, aimed at detecting evidence of bluetongue virus transmission through random serological and/or virological testing implemented in all epidemiologically relevant geographical areas and performed in the period of the year when infection or seroconversion is more likely to be detected;
— must be designed in such a way that the samples are representative and adjusted to the structure of the susceptible species population to be sampled in the epidemiologically relevant geographical area and the sample size has been calculated to detect a prevalence of 20 % with 95 % confidence in the susceptible species population of that epidemiologically relevant geographical area. For the purpose of demarcating a part of a protection zone as a “lower risk area” in accordance to Article 7(2a) the survey must have a sample size calculated to detect a monthly prevalence of 2 % with 95 % confidence in the susceptible species population of that epidemiologically relevant geographical area;
— must ensure that seropositive animals from vaccinated or immunized populations do not interfere with the serological surveys,
— must ensure that laboratory testing is designed in such a way that positive screening tests are followed by the specific serotype serological/virological tests targeted to the bluetongue serotype or serotypes expected to be present in the epidemiologically relevant geographical area necessary to ascertain the specific serotype circulating;
— may also be designed to monitor vaccination coverage and distribution of different bluetongue serotypes present in the restricted zone,
— may include the testing of samples which are collected for other purposes, such as samples from slaughterhouses or from bulk milk.
',
((b)) Point 2.2.2. is replaced by the following:
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2.2.2. 

— shall consist of at least an active annual programme of serological/virological testing of susceptible species populations, aimed at detecting evidence of bluetongue virus transmission through random serological and/or virological testing implemented in all epidemiologically relevant geographical areas and performed in the period of the year when infection or seroconversion is more likely to be detected;
— must be designed in such a way that the samples are representative and adjusted to the structure of the susceptible species population to be sampled in the epidemiologically relevant geographical area and the sample size has been calculated to detect a prevalence of 20 % with 95 % confidence in the susceptible species population of that epidemiologically relevant geographical area;
— must ensure that seropositive animals from vaccinated or immunized populations do not interfere with the serological surveys,
— may include the testing of samples which are collected for other purposes, such as samples from slaughterhouses or from bulk milk.
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2.. Annex III is amended as follows:

((a)) Section A is amended as follows:

((i)) In point 2, the first paragraph is replaced by the following:
'The animals have been kept, until dispatch, protected against attacks by vectors in a vector proof establishment for a period of at least 60 days prior to the date of dispatch.'
((ii)) In point 3, the first paragraph is replaced by the following:
'The animals have been kept, until dispatch, in a bluetongue seasonally-free zone during the seasonally vector-free period, defined in accordance with Annex V, or have been protected against attacks by vectors in a vector proof establishment for a period of at least 28 days and were subjected during that period to a serological test according to the OIE Terrestrial Manual to detect antibodies to the bluetongue virus group, with negative results, carried out on samples collected from that animal at least 28 days following the date of the commencement of the period of protection against attacks by vectors or the seasonally vector-free period.'
((iii)) In point 4, the first paragraph is replaced by the following:
'The animals have been kept until dispatch in a bluetongue seasonally-free zone during the seasonally vector-free period, defined in accordance with Annex V, or have been protected against attacks by vectors in a vector proof establishment for a period of at least 14 days and were subjected during that period to an agent identification test according to the OIE Terrestrial Manual, with negative results, carried out on samples collected from that animal at least 14 days following the date of commencement of the period of protection against attacks by vectors or the seasonally vector-free period.'
((b)) In Section B, point (b) is replaced by the following:
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((b)) they have been protected against attacks by vectors in a vector proof establishment for a period of at least 60 days before commencement of, and during, collection of the semen;'
((c)) In Section C, point 2(b) is replaced by the following:
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((b)) they have been protected against attacks by vectors in a vector proof establishment for at least 60 days before commencement of, and during, collection of the embryos/ova;'
