# Commission Delegated Regulation (EU) 2020/689 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for surveillance, eradication programmes, and disease-free status for certain listed and emerging diseases (Text with EEA relevance), Article 61: Derogations from the restriction of movement of animals and products of animal origin from infected establishments

Extent: E+W+S+N.I.

1. By way of derogation from point (b) Article 60(1), the competent authority may authorise the movement of aquaculture animals to an establishment under its official supervision located within the same restricted zone provided that:
(a) only animals showing no symptoms of disease are moved;
(b) the health status of aquaculture animals at the establishment of destination or aquatic animals enroute to that establishment is not jeopardised by the movement;
(c) in the establishment of destination they have no contact with aquaculture animals of a higher health status with respect to the relevant disease;
(d) the animals are kept in the establishment of destination for a maximum period of time to be determined by the competent authority.
2. When making use of the derogation laid down in paragraph 1, the competent authority shall:
(a) re-classify the health status of the establishment of destination, if relevant, in accordance with the criteria laid down in Article 52(1);
(b) prohibit the movement of animals from the establishment of destination, unless it has authorised their transport to a disease control aquatic food establishment for immediate slaughter or processing or for direct human consumption, in the case of molluscs or crustacea which are sold live for that purpose. In all cases, animal by- products as defined in point (1) of Article 3 of Regulation (EC) No 1069/2009 shall be processed or disposed of as Category 1 or Category 2 material in accordance with Articles 12 or 13 of that Regulation.
(c) keep the establishment of destination under its official supervision until the completion of cleaning, disinfection and appropriate fallowing of the establishment.
3. By way of derogation from point (b) Article 60(1), the competent authority may authorise the movement of aquaculture animals to other infected establishments which are not implementing an eradication programme for that specific disease provided that:
(a) only animals showing no symptoms of disease are moved;
(b) the health status of aquaculture animals at the establishment of destination or aquatic animals enroute to that establishment is not jeopardised by the movement; and
(c) the movement complies with the certification requirements set out in Article 208(2) of Regulation (EU) 2016/429.
4. By way of derogation from point (b) of Article 60(1), the competent authority may authorise the movement of aquaculture animals and products of animal origin to slaughtering and processing facilities other than disease control aquatic food establishments provided that:
(a) only animals showing no symptoms of disease are moved;
(b) the slaughtering and processing facility is not located in a Member State, zone or compartment which is implementing an eradication programme for that specific disease or which has been declared disease-free;
(c) the health status of aquatic animals enroute for the slaughtering and processing facility or in its vicinity is not jeopardised by the movement;
(d) the movement complies with the certification requirements set out in Article 208(2) of Regulation (EU) 2016/429.
5. By way of derogation from point (b) of Article 60(1), the competent authority may authorise the movement of animals and products of animal origin from additional animal populations from the infected establishment(s) to other establishments without further restrictions provided that:
(a) a risk assessment has been completed;
(b) risk mitigating measures are implemented, where necessary, to ensure that the health status of the aquatic animals at the establishment of destination or enroute to that destination is not jeopardised; and
(c) the movement complies with the certification requirements set out in Article 208(2) of Regulation (EU) 2016/429.

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Source: https://www.legislation.gov.uk/eur/2020/689/article/61 (the official version)
Page: https://openlegislation.uk/eu-regulation-2020-689/article-61
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.