# 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 76: Disease-free status based on historical and surveillance data

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

1. The criteria to recognise the disease-free status of a compartment keeping aquaculture animals based on historical and surveillance data are as follows:
(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;
(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.
2. 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:
(a) disease surveillance of kept animals of listed species;
(b) prevention to control the introduction of the disease agent;
(c) ban on vaccination against the disease unless it is compliant with the disease specific requirements referred to in Article 78;
(d) disease surveillance substantiating the fact that the disease is not known to be established in wild animals from listed species within the compartment.
3. The criteria provided for in paragraph 1 shall only apply:
(a) in a new Member State, during a maximum period of two years following its accession to the Union; or
(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.
4. 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:
(a) VHS;
(b) IHN;
(c) infection with HPR-deleted ISAV;
(d) infection with Bonamia ostreae;
(e) infection with Marteilia refringens.

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Source: https://www.legislation.gov.uk/eur/2020/689/article/76 (the official version)
Page: https://openlegislation.uk/eu-regulation-2020-689/article-76
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.