{
  "url": "https://openlegislation.uk/eu-regulation-2020-689/article-70",
  "json_url": "https://openlegislation.uk/eu-regulation-2020-689/article-70.json",
  "legislation": "eur/2020/689",
  "legislation_title": "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)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2020-689",
  "path": "article/70",
  "kind": "article",
  "number": "70",
  "heading": "Disease-free status based on historical and surveillance data",
  "text": "1. The criteria to recognise the disease-free status of a Member State or a zone thereof based on historical and surveillance data are as follows:\n(a) the disease has never been reported in the Member State or in the zone thereof or it has been eradicated in the Member State or the zone thereof and not reported for at least 25 years;\n(b) the disease has been reported in the past 25 years, it has been eradicated from the Member State or zone thereof and the disease specific requirements referred to in Article 72 are complied with.\n2. A Member State wishing to obtain the approval of disease-free status for its entire territory or for a zone thereof on the basis of the provisions set out in point (a) of paragraph 1 shall have implemented the following measures for an eligibility period of at least 10 years:\n(a) disease surveillance of kept animals of listed species;\n(b) prevention to control the introduction of the disease agent;\n(c) ban on vaccination against the disease unless it is compliant with the disease specific requirements referred to in Article 72;\n(d) disease surveillance substantiating the fact that the disease is not known to be established in wild animals from listed species within the Member State or zone.\n3. By way of derogation from point (b) of paragraph 1 the Commission may, for a period of two years following the entry of application of this Regulation, grant disease-free status to Member States or zones as regards:\n(a) infection with RABV, if it was notifiable in accordance with Article 8 of Directive 64/432/EEC and, when necessary monitoring was implemented in accordance with Article 4 of Directive 2003/99/EC of the European Parliament and of the Council, and no case was reported in listed animals species for the past two years;\n(b) infection with BTV, if all restricted zones have been lifted in accordance with Article 6 of Regulation (EC) No 1266/2007 before the date of application of this Regulation.\n4. The criteria provided for in paragraph 1 to obtain disease-free status shall only apply:\n(a) in a new Member State, during a maximum period of two years following its accession to the Union; or\n(b) for a maximum period of two years following the date of application of the implementing acts adopted in accordance with Article 9(2) of Regulation (EU) 2016/429 that categorise for the first time the relevant disease as a category B or C disease.\n5. By way of derogation from paragraph 4, the granting of disease-free status based on historical and surveillance data shall not be subject to the maximum two-year period for the following statuses:\n(a) status free from infestation with Varroa spp.;\n(b) status free from infection with Newcastle disease virus without vaccination.\n6. By way of derogation from point (b) of paragraph 4, the granting of disease-free status based on historical and surveillance data shall not apply to the following diseases:\n(a) infection with Brucella abortus, B. melitensis and B. suis;\n(b) infection with MTBC;\n(c) EBL;\n(d) IBR/IPV;\n(e) infection with ADV;\n(f) VHS;\n(g) IHN;\n(h) infection with HPR-deleted ISAV;\n(i) infection with Bonamia ostreae;\n(j) infection with Marteilia refringens.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC (OJ L 325, 12.12.2003, p. 31)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2020/689/article/70",
    "retrieved_at": "2026-11-01T14:42:38.010272+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."
}