{
  "url": "https://openlegislation.uk/eu-regulation-2020-689/article-76",
  "json_url": "https://openlegislation.uk/eu-regulation-2020-689/article-76.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/76",
  "kind": "article",
  "number": "76",
  "heading": "Disease-free status based on historical and surveillance data",
  "text": "1. The criteria to recognise the disease-free status of a compartment keeping aquaculture animals based on historical and surveillance data are as follows:\n(a) the disease has never been reported in the compartment or it has been eradicated in the compartment 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 compartment and the disease specific requirements referred to in Article 78 are complied with.\n2. A Member State wishing to obtain the approval of disease-free status for the compartment 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 78;\n(d) disease surveillance substantiating the fact that the disease is not known to be established in wild animals from listed species within the compartment.\n3. The criteria provided for in paragraph 1 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.\n4. By way of derogation from point (b) of paragraph 3, the granting of disease-free status based on historical and surveillance data shall not apply to the following diseases:\n(a) VHS;\n(b) IHN;\n(c) infection with HPR-deleted ISAV;\n(d) infection with Bonamia ostreae;\n(e) infection with Marteilia refringens.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2020/689/article/76",
    "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."
}