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Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (Text with EEA relevance) (Text with EEA relevance)

Type Delegated Regulation

Publication 2020-06-03

Last updated 2026-11-01

State In force

Department European Commission, SANTE

Source EUR-Lex

articles 113

Reform history JSON API

When granting derogations provided for in paragraph 1, the competent authority shall ensure that supplementary biosecurity measures are applied from the moment of loading, during all transport operations and until the unloading in the designated establishment of destination in accordance with its instructions.

Article 44

Specific conditions for authorising movements for slaughter of kept animals of listed species within, from and to the surveillance zone

The competent authority may authorise movements of kept animals of listed species originating in the surveillance zone to a slaughterhouse located:

(a) as near as possible to the establishment of origin, within the restricted zone; or

(b) outside the restricted zone, as near as possible to the surveillance zone, when it is not possible to slaughter the animals in the restricted zone, and after carrying out a risk assessment.

The meat obtained from animals referred to in paragraph 1 shall be subject to the measures provided for in Article 49.

The competent authority may authorise movements of kept animals of listed species originating outside the surveillance zone to a slaughterhouse situated in the surveillance zone.

The competent authority may authorise the processing and use of animal by-products, obtained from animals slaughtered in accordance with paragraphs 1, 2 and 3 as category 3 material in accordance with Regulation (EC) No 1069/2009 in a plant approved for processing or disposal of animal by-products, located on their territory, or in another Member State, where it is not feasible to process or dispose them in an approved plant in the territory of the Member State where the outbreak occurred.

In case the animal by-products referred to in the first subparagraph are moved to a plant located in another Member State, the Member State of destination and the Member States of passage shall authorise such dispatch and the competent authority of destination shall authorise the processing and use of those animal by-products as category 3 material in accordance with Regulation (EC) No 1069/2009.

Article 45

Specific conditions for authorising certain movements of kept ungulates of listed species from establishments in the surveillance zone

The competent authority may authorise the movement of kept ungulates of listed species to pastures situated within the surveillance zone, provided that:

(a) a period of 15 days has elapsed after the preliminary cleaning and disinfection referred to in Article 15 has been completed and approved; and

(b) the animals do not come into contact with animals of listed species from other establishments.

The competent authority may, after carrying out a risk assessment, authorise the movement of kept animals of listed species of ungulates to an establishment belonging to the same supply chain, located in or outside the surveillance zone, to complete the production cycle before slaughter. If the establishment of destination is located outside the surveillance zone, the competent authority shall apply in that establishment the measures provided for in Articles 40, Article 41 and Article 42 as long as the disease control measures in the surveillance zone of origin are maintained as provided for in Article 55.

Article 46

Specific conditions for authorising certain movements of poultry from establishments located in the surveillance zone

The competent authority may authorise movements of day-old chicks originating in the surveillance zone:

(a) to establishments in the same Member State where they were hatched from eggs originating from establishments within the restricted zone, if:
(i) the establishment of destination is placed under official surveillance following the arrival of the animals; and
(ii) if moved outside the restricted zone, the animals remain in the establishments of destination for at least 21 days; and
(iii) the means of transport is sealed at the moment of loading by the competent authority or under its supervision;

(b) to any establishments, if they were hatched from eggs originating outside the restricted zone and if the hatchery of dispatch can ensure that no contact has occurred between those eggs and any other hatching eggs or day-old chicks obtained from animals kept within the restricted zone.

The competent authority may authorise movements of ready-to-lay poultry from establishments in the surveillance zone to establishments in the same Member State, if:

(a) there is no other kept animal of listed species in the establishment or epidemiological unit of destination;

(b) the establishment of destination is placed under official surveillance following the arrival of the ready-to-lay poultry; and

Article 47

Specific conditions for authorising certain movements of hatching eggs to and from establishments in the surveillance zone

The competent authority may authorise movements of hatching eggs from an establishment located in the same Member State to:

(a) a hatchery located in the surveillance zone; or

(b) an establishment for in-house hatching located in the surveillance zone.

The competent authority may authorise movements of hatching eggs from an establishment located in the surveillance zone to a hatchery in the same Member State or to an establishment for in-house hatching located in the same Member State, only if the hatching eggs and their packaging are disinfected before dispatch and the tracing back of these eggs can be ensured.

Article 48

Specific conditions for authorising movements of semen from approved germinal product establishments in the surveillance zone

The competent authority may authorise movements of semen collected from animals of listed species kept in approved germinal product establishments, excluding hatcheries, located in the surveillance zone after the estimated date of earliest infection of the affected establishment provided that:

(a) all the disease control measures relating to the relevant category A disease have been lifted in the surveillance zone in accordance with Article 55;

(b) all the kept animals of listed species in the semen collection centre have undergone a clinical examination and have been sampled for laboratory examinations in order to rule out the presence of the category A disease in the semen collection centre;

(c) the donor animal has been subjected with favourable results to a laboratory examination on a sample taken not earlier than seven days after the monitoring period set out in Annex II for the relevant disease, calculated forwards from the date on which the semen was collected.

Article 49

Specific conditions for authorising movements of fresh meat and raw milk obtained from kept animals of listed species from establishments located in the surveillance zone

The competent authority may authorise movements of fresh meat and raw milk obtained from animals of listed species kept in establishments located in the surveillance zone if, either:

(a) the fresh meat or the raw milk is moved to a processing establishment to undergo one of the relevant risk- mitigating treatments set out in Part I of Annex VII; or

(b) the fresh meat is obtained from poultry.

The competent authority shall ensure that fresh meat and the raw milk moved pursuant paragraph 1(a), comply with the following:

(a) fresh meat is marked in accordance with Annex IX when it is obtained in the slaughterhouse and keeps such mark until it is treated; and

(b) the treatment is applied in an establishment situated in the same restricted zone or as near as possible of the restricted zone, which operates under the supervision of official veterinarians.

Article 50

Specific conditions for authorising movements of eggs for human consumption from establishments in the surveillance zone

The competent authority may authorise movements of eggs for human consumption from establishments in the surveillance zone to a packing centre located in the same Member State provided that they are packed in:

(a) a disposable packaging; or

(b) a packaging which can be cleaned and disinfected in such way as to destroy the category A disease agent.

The competent authority may authorise movements of eggs for human consumption from establishments located in the surveillance zone to an establishment for the manufacture of egg products located in the same Member State if:

(a) the establishment for the manufacture of egg products complies with Chapter II of Section X of Annex III to Regulation (EC) No 853/2004; and

(b) the eggs are moved to the establishment for the manufacture of egg products in order to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004.

Article 51

Specific conditions for authorising movements of manure, including litter and used bedding, from establishments in the surveillance zone

The competent authority may authorise the movements of manure, including litter and used bedding, from establishments located in the surveillance zone:

(a) without processing, to a landfill, previously authorised for that purpose by the competent authority, located in the same surveillance zone; or

(b) following processing, to a landfill, previously authorised for that purpose by the competent authority, located in the territory of the same Member State.

The competent authority may authorise movements of manure, including litter and used bedding, from establishments and other locations in the surveillance zone to a plant approved for the processing or disposal of animal by-products where they are disposed of or processed in accordance with Regulation (EC) No 1069/2009 by the methods relevant for processing of manure provided for in Part II of Annex VII to this Regulation.

Article 52

Specific conditions for authorising the movement of feed materials of plant origin and straw from the surveillance zone

The competent authority may authorise movements of feed materials of plant origin or straw produced in the surveillance zone provided that the feed materials or the straw:

(a) were produced in locations not keeping animals of listed species, other than feed processing establishments;

(b) were produced in feed processing establishments not keeping animals of listed species and the raw plant material originates:
(i) from locations referred to in paragraph (a); or
(ii) from outside the surveillance zone;

(d) have undergone at least one of the risk-mitigating treatments set out in Annex VIII.

Article 53

Specific conditions for authorising movements of kept animals of listed species and products to an approved plant

The competent authority may authorise movements of kept animals of listed species from establishments located in the surveillance zone to a plant approved for processing or disposal of animal by-products where:

(a) the kept animals are immediately killed; and

(b) the resulting animal by-products are disposed of in accordance with Regulation (EC) No 1069/2009.

The competent authority may authorise movements of products from establishments and other locations in the surveillance zone to a plant approved for the processing or disposal of animal by-products where they are disposed of or processed in accordance with Regulation (EC) No 1069/2009 by the relevant methods provided in Part II of Annex VII to this Regulation.

Article 54

Measures to be applied in food and feed businesses, border control posts, animal by-products establishments or any other location of relevance in the surveillance zone, including means of transport

The competent authority shall apply the relevant measures referred to in Article 40, and Articles 42 to 53 in food and feed businesses, border control posts, animal by-products establishments or any other location of relevance in the surveillance zone, including means of transport.

In the establishments and locations referred to in paragraph 1, the competent authority may apply additional measures adapted to the specific situation in order to prevent the spread of the category A disease within and from the surveillance zone.

Article 55

Duration of the disease control measures in the surveillance zone

The competent authority may lift the disease control measures applied in the surveillance zone pursuant to Sections 1 and 3 only if:

(a) the minimum period set out in Annex XI has elapsed after the date of completion of the preliminary cleaning and disinfection and, where relevant, control of insects and rodents is performed in accordance with Article 15 in the affected establishment;

(b) the requirements laid down in Article 39(1), point (b), have been complied with in the protection zone;

(c) a representative number of establishments keeping animals of listed species have undergone, with favourable results, visits carried out by official veterinarians, in accordance with Article 41;

(d) the final cleaning and disinfection and, when relevant, control of insects and rodents has been carried out in the affected establishment in accordance with at least the procedures set out in points A and C of Annex IV, using the appropriate biocidal products to ensure the destruction of the relevant category A disease agent.

Where the relevant category A disease is transmitted by a listed vector, in accordance with Regulation (EU) 2018/1882, the competent authority may:

(a) set the duration of the measures in the surveillance zone on a case by case basis taking into account factors influencing the risk of spreading the disease; and

(b) provide for the introduction of sentinel animals.

After the lifting of the measures referred to in paragraph 1 of this Article, when the competent authority has established a further restricted zone in accordance with Article 21(1), point (c), the measures applied in this further restricted zone shall also apply in the surveillance zone until the lifting of the measures applied in the further restricted zone.

Exceptionally, where the final cleaning and disinfection as referred to in paragraph 1, point (d) can only be completed with significant delays compared to the minimum period as referred to in paragraph 1, point (a), the competent authority may, after carrying out a risk assessment, lift the disease control measures applied in the surveillance zone, provided that:

(a) no other outbreak of the relevant category A disease has occurred in the restricted zone since it has been established;

(b) the conditions laid down in paragraph 1, points (a), (b) and (c) are fulfilled;

(c) appropriate additional biosecurity measures are applied in the affected establishment to prevent the risk of the spread of the category A disease agent;

(d) the risk assessment carried out by the competent authority indicates that the risk of the spread of the category A disease is negligible.

Member States shall inform the other Member States and the Commission when the disease control measures applied in a surveillance zone established on their territory were lifted in accordance with paragraph 4.

Section 4 Derogations applicable in the restricted zone in the case of prolonged duration of the restrictions

Article 56

Derogations from prohibitions of movements of animals within and into the restricted zones when restriction measures are maintained

Where prohibitions of movement of animals provided for in Articles 27 and Article 42 are maintained significantly beyond the period set out in Annex XI, the competent authority may, under exceptional circumstances, authorise the movement of kept animals of listed species from and into establishments within the restricted zone in cases not covered by derogations provided for in Articles 28 and Article 43, if:

(a) the operator has submitted a reasoned application for that authorisation;

(b) the risks derived from authorising such movements have been assessed prior to the authorisation and the assessment indicates that the risk of spreading of the category A disease is negligible;

(c) reinforced biosecurity measures are applied in the establishment of destination to prevent the risk of the spread of the category A disease.

(d) official veterinarians have, in case of movements from establishments within the restricted zone, carried out clinical examinations and have collect samples for laboratory examinations from animals of listed species, including those to be moved, which have yielded favourable results.

Where movements of animals are authorised pursuant paragraph 1, the competent authority shall ensure that the transport complies with the requirements laid down in Article 24.

CHAPTER III Repopulation of the affected establishment with terrestrial animals and lifting of disease control measures in the affected establishment

Article 57

Conditions to authorise the repopulation of the affected establishment

The competent authority shall only authorise the repopulation of the affected establishment if the following requirements are met:

(a) a final cleaning and disinfection and, when relevant, control of insects and rodents has been:
(i) carried out, in accordance with the procedures set out in points A and C of Annex IV, using the appropriate biocidal products to ensure destruction of the relevant category A disease agent; and
(ii) adequately documented;

(b) the monitoring period set out in Annex II for the relevant disease, calculated forwards from the date on which the final cleaning and disinfection provided for in point (a) was carried out, has elapsed.

The competent authority shall supervise that the final cleaning and disinfection and, when relevant, control of insects and rodents in the affected establishment is carried out in compliance with the requirements in paragraph 1(a).

The competent authority shall not allow access to a pasture of kept animals of listed species during the period of time during which it is considered contaminated; this period of time shall be established after carrying out a risk assessment.

Where for duly justified reasons the final cleaning and disinfection and, when relevant, the control of insects and rodents referred to in paragraph 1, have not been entirely accomplished in the affected establishment, the competent authority may authorise the repopulation by way of derogation from paragraph 1, provided that:

(a) a period of at least 3 months has elapsed since the preliminary cleaning and disinfection, as referred to in Article 15, was performed; and

(b) prior to granting the authorisation, the competent authority has assessed the risks deriving from that authorisation and the assessment indicates that the risk of spreading the category A disease is negligible.

Article 58

Derogation from the requirements provided for in Article 57(1), point (b)

In the event of the official confirmation of an outbreak of a category A disease in food and feed businesses, assembly centres, border control posts, animal by-products establishments or any other location of relevance, including means of transport, the competent authority may authorise the reintroduction of kept animals of listed species for slaughter, assembly operations, inspection or transport, 24 hours after completion of:

(a) the measures referred to in Articles 12, Article 14, Article 15, Article 17, Article 18 and Article 57(1)(a); and

(b) any additional measure applied by the competent authority adapted to the specific situation.

Article 59

Requirements for the repopulation of the affected establishment with kept animals of listed species

The competent authority shall supervise the repopulation with kept animals of listed species of the affected establishment complying with the provisions of this Article.

Kept animals of listed species intended for repopulation shall:

(a) not originate from an establishment subject to the restrictions provided for in Chapter II; and

(b) be sampled for laboratory examination to rule out the presence of the disease with favourable results prior to their introduction into the establishment.

For the purposes of paragraph 2(b), samples shall be collected from:

(a) a representative number of all the animals to be introduced in the establishment, if they are all introduced at the same time and from the same establishment of origin; or

(b) a representative number of animals of each consignment, if animals are all to be introduced at different times or from different establishments of origin. In the case of day-old-chicks, the competent authority may decide not to perform the sampling for laboratory examination referred to in paragraph 2(b).

Kept animals of listed species intended for repopulation shall be introduced in the establishments as follows:

(a) in all the epidemiological units and buildings of the affected establishment;

(b) preferably at the same time or within the monitoring period set out in Annex II for the relevant disease, calculated forwards from the date on which the first animal was introduced; or

(c) in case of open-air farming establishments or when the requirement set out in point (a) is impractical, by using sentinel animals which have been sampled for laboratory examinations with favourable results for the relevant category A disease before being introduced in the establishment.

Official veterinarians shall carry out at least a visit to the affected establishment on the last day of the monitoring period set out in Annex II for the relevant category A disease, calculated forwards from the date on which the animals were placed in the establishment. Where the monitoring period in accordance with Annex II is longer than 30 days, the visit shall be carried out before 30 days elapsed from the date on which the animals were placed into the establishment. During the visits, the official veterinarians shall perform at least:

(a) documentary checks, including production, health and traceability records analysis;

(b) clinical examination of kept animals of listed species; and

(c) collection of samples of animals for laboratory examination in order to confirm or rule out the presence of the relevant category A disease.

Any person entering or leaving the establishment shall comply with appropriate biosecurity measures aimed at preventing the spread of the relevant category A disease.

Kept animals of listed species shall only leave the establishment under the authorisation of the competent authority and only after obtaining favourable results from the laboratory examination referred to in paragraph 5(c).

From the date that the animals were placed in the establishment until the end of the repopulation, in accordance with Article 61, the operator shall:

(a) keep up to date the records of health and production data for kept animals of listed species; and

(b) immediately notify to the competent authority any significant change in production data and any other abnormalities.

If unusual mortalities or clinical signs of the relevant category A disease are notified to the competent authority during the period referred to in paragraph 8, the official veterinarians shall without delay collect samples for laboratory examination to rule out the presence of the relevant category A disease.

10.

The competent authority may exempt confined establishments from one or more of the provisions laid down in paragraphs 1 to 9 after assessing the risks deriving from that exemption and the assessment indicates that the risk of spreading the category A disease is negligible.

Article 60

Additional requirements for the repopulation of the affected establishment

The competent authority shall authorise the repopulation of the affected establishment with animals other than kept listed species taking into account the risk of spreading the relevant category A disease and the risk of vector persistence.

The competent authority may extend some or all the provisions provided for in Articles 57 and 59 if preventive killing as provided for in paragraph 4 of Articles 7 and 9 is applied.

Article 61

End of the repopulation of the affected establishment and lifting of disease control measures in the affected establishment

The repopulation of the affected establishment shall be considered finalised when the measures provided in Articles 57 and 59, and when relevant in Article 60, have been successfully completed.

The competent authority shall lift all the disease control measures applied in the affected establishment in accordance with this Regulation when:

(a) the repopulation is considered finalised, as provided for in paragraph 1; or when

(b) the requirements laid down in Article 57(1) are fulfilled, either
(i) in the case of the cessation of activities related to the keeping of the animals by the operator or establishment concerned, or
(ii) in case a specific derogation from Article 12(1), point (a), in accordance with Article 13 has been granted in the affected establishment, and the animals of listed species have been subject with favourable results to the examinations laid down in Article 59(5), points (b) and (c), carried out at the end of the monitoring period referred to in Article 57(1) point (b).

CHAPTER IV Disease control measures in wild animals of listed species

Article 62

Measures in the event of suspicion of a category A disease in wild animals of listed species

In the event of suspicion of a category A disease in wild animals of listed species in accordance with Article 9(1), (3), and (4) of Delegated Regulation (EU) 2020/689, the competent authority shall immediately conduct an investigation to confirm or rule out the presence of the suspected listed disease.

In the course of the investigation referred to in paragraph 1 the competent authority shall at least organise post-mortem examinations and the collection of samples for laboratory examination of wild animals of listed species shot dead or found dead to confirm or rule out the presence of the category A disease.

As regards the bodies of dead wild animals in which the relevant category A disease is suspected, whether the wild animals were killed or found dead, the competent authority shall ensure that:

(a) the entire bodies of the dead wild animals or parts thereof are disposed of or processed in accordance with Regulation (EC) No 1069/2009; and

(b) where feasible, any material or substance likely to be contaminated by contact with the bodies of dead wild animals or animal by-products obtained therefrom undergoes cleaning and disinfection or is disposed of following the instructions and under the supervision of official veterinarians.

Article 63

Measures in the event of an outbreak of a category A disease in wild animals of listed species

In the event of an official confirmation of an outbreak of a category A disease in wild animals of listed species in accordance with Article 9(2), (3) and (4) of Delegated Regulation (EU) 2020/689, the competent authority may determine an infected zone in order to prevent the further spread of the disease based on:

(a) the disease profile;

(b) the estimated population of wild animals of listed species;

(c) the risk factors contributing to the spread of the relevant category A disease, in particular, the risk of the introduction of a category A disease into establishments keeping animals of listed species;

(d) sampling results; and

(e) other relevant factors.

As regards the bodies of wild animals in which the relevant category A disease has been confirmed, whether the wild animals were killed or found dead, the competent authority shall ensure that:

(a) their entire bodies of the dead wild animals or parts thereof are disposed of or processed in accordance with Regulation (EC) No 1069/2009; and

(b) where feasible, any material or substance likely to be contaminated by contact with the bodies of dead wild animals or animal by-products therefrom undergoes cleaning and disinfection or is disposed of following the instructions and under the supervision of official veterinarians.

The competent authority may adapt the boundaries of the initial infected zone:

(a) in order to control the further spread of the relevant category A disease; and

(b) in the case of confirmation of further outbreaks of the category A disease in wild animals.

The competent authority shall immediately inform operators, clinical veterinarians, hunters, other relevant competent authorities and any other natural or legal person concerned about the outbreak of the disease and the control measures adopted.

Article 64

Measures to be applied in the infected zone

In the infected zone determined in accordance with Article 63, the competent authority shall organise post-mortem examinations of wild animals of listed species shot dead or found dead, including when necessary sampling for laboratory examination.

In the infected zone the competent authority shall at least:

(a) implement risk mitigation and reinforced biosecurity measures in order to prevent the spread of the category A disease from the affected animals and infected zone to unaffected animals or to humans;

(b) prohibit movements of wild animals of listed species and products of animal origin thereof as provided for to in Commission Delegated Regulation (EU) 2020/688 ([^E0008]); and

(c) ensure that all bodies of dead wild animals of listed species, whether the animals were killed or found dead, or parts thereof, are disposed of or processed in accordance with in Regulation (EC) No 1069/2009.

Article 65

Additional measures to apply in the infected zone

In order to avoid the spreading of the category A disease, in the infected zone the competent authority may:

(a) regulate movements of kept animals of listed species;

(b) regulate hunting activities and other outdoors activities;

(d) develop and implement an eradication plan for the category A disease in wild animals of listed species if the epidemiological situation so requires.

Article 66

Operational expert group

In the event of an officially confirmed outbreak of a category A disease in wild animals of listed species and in the case that the competent authority determines an infected zone in accordance with Article 63, the competent authority shall establish an operational expert group as referred to in Article 43 of Regulation (EU) 2016/429 to assist the competent authority in:

(a) assessing the epidemiological situation and its evolution;

(b) defining the infected zone;

(c) establishing the appropriate measures to be applied in the infected zone in accordance with this Chapter and their duration; and

(d) developing an eradication plan, when relevant.

Article 67

Duration of measures in the infected zone

The competent authority shall maintain the measures applied in the infected zone in accordance with this Chapter until the epidemiological information indicates that the relevant wild population no longer poses a risk of introduction of a category A disease into establishments keeping animals of listed species and the operational group recommends lifting of the measures.

CHAPTER V Disease control measures for category B and C diseases of terrestrial animals

Article 68

Preliminary disease control measures to be applied when a category B or C disease is suspected by the competent authority in Member States or zones that have been granted with the disease free status

In the event of suspicion of a category B or C disease in accordance with Article 9(1), (3) or (4) of Delegated Regulation (EU) 2020/689, in Member States or zones that have been granted the disease free status pursuant to Article 36(4) of Regulation (EU) 2016/429 or Article 84(1) of Delegated Regulation (EU) 2020/689, the competent authority shall apply the measures laid down in:

(a) Articles 21, 22, 23 of Delegated Regulation (EU) 2020/689 for infection with Brucella abortus, B. melitensis, B. suis, infection with Mycobacterium tuberculosis complex, enzootic bovine leucosis, infectious bovine rhinotracheitis/infectious pustular vulvovaginitis, infection with Aujeszky’s disease virus and bovine viral diarrhoea; and

(b) Article 35 of Delegated Regulation (EU) 2020/689 for infection with rabies virus.

Article 69

Disease control measures to be applied when a category B or C disease is confirmed

In the event of confirmation of a category B or C disease in accordance with point (2) of Article 9 of of Delegated Regulation (EU) 2020/689 in Member States or zones that have been granted the disease free status in with paragraph 4 of Article 36 of Regulation (EU) 2016/429 or paragraph 1 Article 84 of Delegated Regulation (EU) 2020/689, the competent authority shall apply the measures laid down in:

(a) Articles 24 to 31 of Delegated Regulation (EU) 2020/689 for infection with Brucella abortus, B. melitensis, B. suis, infection with Mycobacterium tuberculosis complex, enzootic bovine leucosis, infectious bovine rhinotracheitis/infectious pustular vulvovaginitis, infection with Aujeszky’s disease virus and bovine viral diarrhoea; and

(b) Article 36 of Delegated Regulation (EU) 2020/689 for infection with rabies virus.

PART III

AQUATIC ANIMALS

CHAPTER I Disease control measures for category A diseases in aquaculture animals

Section 1 Preliminary disease control measures in the event of suspicion of a category A disease in aquaculture animals

Article 70

Obligations on operators in the event of suspicion of category A disease in aquaculture animals in establishments

In the event of suspicion of a category A disease in aquaculture animals of listed species, operators shall take the following disease control measures in order to prevent the spread of the category A disease from the affected animals and aquaculture establishments under their responsibility to other unaffected aquatic animals until the competent authority rules out the presence of the category A disease:

(a) isolate, where technically possible, all aquaculture animals in the establishment suspected of being infected with the category A disease;

(b) prevent movements of aquaculture animals into and from the establishment;

(d) keep any product, piece of equipment, material or substance likely to be contaminated with and to transmit category A diseases isolated and as far as practicable protected from vectors and other aquatic animals;;

(e) implement the appropriate biosecurity measures to avoid spread of the category A disease;

(f) provide the competent authority, on its request, with any relevant information regarding the category A disease; and

(g) follow any instructions given by the competent authority regarding the control of category A disease, in accordance with Regulation (EU) 2016/429 and this Regulation.

Article 71

Investigation by the competent authority of the suspicion of a category A disease in aquaculture animals in an establishment

In the event of the suspicion of a category A disease in aquaculture animals in an establishment in accordance with Article 9(1), (3) and (4) of Delegated Regulation (EU) 2020/689, the competent authority shall immediately conduct an investigation to confirm or rule out the presence of the suspected listed disease.

In the course of the investigation referred to in paragraph 1 the competent authority shall ensure that the official veterinarians perform at least:

(a) clinical examinations of aquaculture animals; and

(b) the collection of samples for laboratory examination.

Article 72

Preliminary restriction and biosecurity measures to be applied in the event of the suspicion of a category A disease in aquaculture animals

In the event of suspicion of a category A disease in an establishment, the competent authority shall place the establishment under official surveillance and immediately impose the following preliminary restriction and biosecurity measures, in order to prevent the spread of the category A disease from the affected aquaculture animals and the establishment to unaffected aquatic animals:

(a) prohibition of movements of aquaculture animals into and from the establishment;

(b) prohibition of non-essential movements from the establishment of means of transport and equipment;

(d) where technically feasible and regarded necessary, order the isolation of all aquaculture animals; and

(e) when practicable, implement adequate means and measures to control birds and other predators.

The competent authority may order preventive killing of listed species at the affected establishment where a category A disease is suspected provided that all necessary biosecurity and other risk-mitigating measures are applied to prevent the spread of the category A disease from the establishment.

The competent authority shall by way of derogation from Article 10(i) of Regulation (EC) No 1069/2009 and after carrying out a risk assessment, authorise movements of aquaculture animals for the sole purpose of immediate killing in a disease control aquatic food establishment or a plant approved for processing or disposal of as animal-by-products of category 1 or category 2 in accordance with that Regulation. The authorisation may only be granted when the necessary biosecurity and other risk-mitigating measures are applied to prevent the spread of the category A disease.

All animal by-products from dead aquaculture animals which have died or have been killed in accordance with this Article, including molluscs shells with meat, shall by way of derogation from Article 10(i) of Regulation (EC) No 1069/2009 be processed or disposed of as category 1 or category 2 material in accordance with that Regulation to ensure that the relevant disease agent is inactivated and to prevent the transmission of the disease to other aquatic animals.

Article 73

Inventory and record analysis in the event of the suspicion of a category A disease in aquaculture animals

In the event of suspicion of a category A disease, the competent authority shall order and verify that, without delay, operators of the establishments where a category A disease is suspected compile and maintain an up-to-date inventory of the following:

(a) the species, categories and quantities (numbers, volume or weight) of all aquaculture animals kept in the establishment;

(b) any product, material or substance likely to be contaminated with or likely to transmit the category A disease; and

In the framework of the epidemiological enquiry, as referred to in Article 57 of Regulation (EU) 2016/429 and carried out in establishments where the disease is suspected, the official veterinarians shall analyse at least the records listed in paragraph 1 of Article 186 of Regulation (EU) 2016/429.

Article 74

Extension of disease control measures in the event of the suspicion of a category A disease to other establishments

In order to prevent the spread of a category A disease the competent authority shall conduct an investigation as provided for in Article 71 and, after carrying out a risk assessment, extend the relevant measures provided for in Articles 72 and 73 to:

(a) establishments situated in the same compartment as the establishment where the disease is suspected, or which, due to distance, hydrodynamic conditions or topographic conditions, have an increased risk for contracting the relevant disease agent from the establishment where the disease is suspected;

(b) any establishment other than those referred to in point (a) which has a direct epidemiological link with the establishment where the disease is suspected.

Article 75

Temporary restricted zones around the establishment

The competent authority may establish a temporary restricted zone around the establishment where there is a suspicion of category A disease and where preliminary disease control measures are applied as referred to in Article 72 and Article 73 taking into account the following circumstances:

(a) the location of the establishment in an area with other establishments keeping aquaculture animals of listed species for which a category A disease is suspected;

(b) the movements of aquatic animals in the vicinity of the suspected establishment;

(d) the insufficient information on the possible origin and routes of introduction of the suspected category A disease; and

(e) the disease profile, in particular the routes and speed of transmission of the disease and the persistence of the disease in the relevant population of aquaculture animals of listed species.

Article 76

Measures to apply in the event of suspicion of a category A disease in food and feed businesses, purification centre, dispatch centre, border control posts, animal by-products establishments or any other location of relevance, including means of transport

In the event of suspicion of a category A disease in accordance with Article 9(1), (3) and (4) of Delegated Regulation (EU) 2020/689 in food and feed businesses, purification centres, dispatch centres, border control posts, animal by-products establishments or any other location of relevance, including means of transport, the competent authority shall apply:

(a) the measures provided for in Articles 71 to 75; and

(b) if needed, additional measures adapted to the specific situation in order to prevent the spread of the category A disease from the animals and establishments or locations under suspicion to unaffected animals.

The competent authority shall apply provisions laid down in Articles 71 to 75 also in the establishments of origin of the animals or products present in the establishments and locations referred to in paragraph 1.

Section 2 Disease control measures in the event of official confirmation of a category A disease in aquaculture animals

Article 77

Official confirmation of a category A disease in aquaculture animals

The competent authority shall officially confirm an outbreak of a category A disease in aquaculture animals when the conditions set out in Article 9(2), (3) and (4) of Delegated Regulation (EU) 2020/689 are met.

Article 78

Disease control measures in the event of official confirmation of an outbreak of category A disease in an establishment

Following the official confirmation of an outbreak of a category A disease in accordance with Article 77, the competent authority shall in addition to the measures provided for Article 72 and Article 73, order that the following disease control measures are immediately applied under the supervision of the official veterinarians, to the establishment where the official confirmation of an outbreak of a category A disease has occurred:

(a) fish and crustaceans of listed species shall be killed as soon as possible and molluscs of listed species shall be removed from water as soon as possible;

(b) animals referred to in (a) shall by way of derogation from Article 10(i) of Regulation (EC) No 1069/2009 be disposed of as category 1 or category 2 material in accordance with that Regulation;

(c) the measures provided for in point (a) and (b) shall be carried out either:
(i) in the establishment where the official confirmation of an outbreak of a category A disease has occurred with subsequent processing on site; or
(ii) in a disease control aquatic food establishment, or in a plant approved in accordance with Regulation (EC) No 1069/2009 for processing or disposal in a way that prevents risk of spreading the category A disease;

(d) aquaculture animals of non-listed species shall, as soon as possible, be killed or slaughtered for human consumption or, in case of molluscs, removed from water in accordance with paragraph 1(b);

(e) appropriate measures shall be applied to limit any possible spread of the category A disease to and from any wild aquatic animals that might be in epidemiological contact with the establishment;

(f) all potentially contaminated materials or substances shall be isolated until:
(i) the cleaning and disinfection measures have been completed in accordance with Article 80, in the case of materials and substances which are fit for cleaning and disinfection;
(ii) they are removed from the establishment and disposed of under the supervision of official veterinarians, in the case of feeding stuff and other materials unfit for cleaning and disinfection.

The competent authority shall order and supervise:

(a) the transport from the affected establishment of animal by-products referred to in paragraph 1(f)(i) and of the products of animal origin referred to in paragraph 1(f)(ii) being in compliance with the provisions of Regulation (EC) No 1069/2009; and

(b) the transport from the affected establishment of materials or substances referred to in paragraph 1(f)(iv) being in compliance with its instructions regarding biosecurity and biosafety conditions to prevent the spread of category A disease agent.

By way of derogation from paragraph 1(a), the competent authority may, after carrying out a risk assessment, allow slaughter of fish or crustaceans or in case of molluscs removal from water, for human consumption, at the establishment or in a disease aquatic control food establishment, provided that appropriate biosecurity and other necessary risk-mitigating measures to prevent the spread of the category A disease are taken. All animal by-products resulting from that derogation shall, by way of derogation from Article 10(i) of Regulation (EC) No 1069/2009, be processed or disposed of as category 1 or category 2 material in accordance with that Regulation.

By way of derogation from paragraph 1(d), the competent authority may, after carrying out a risk assessment, decide not to kill, slaughter or remove from water aquaculture animals of non-listed species provided that appropriate risk-mitigating measures are applied to prevent any risk of spreading of the relevant category A disease from the establishment.

Article 79

The competent authority may grant derogations from the measures provided for in Article 78(1)(a) and (c) in the event of an official confirmation of a category A disease in establishments where listed species are kept for scientific purposes or purposes related to conservation of endangered species, provided that:

(a) the animal health status of the concerned Member State, or of other Member States, is not jeopardised; and

(b) all appropriate biosecurity measures as listed in Article 78 are taken to prevent any risk of spreading of the category A disease agent.

Where a derogation is granted pursuant to paragraph 1, the competent authority shall ensure that aquaculture animals of listed species covered by the derogation are:

(a) kept in premises where appropriate biosecurity measures to avoid spread of the relevant category A disease are implemented; and

(b) subjected to further surveillance and laboratory examination and are not moved from the establishment until the laboratory tests have indicated that they do not pose a risk of further spread of the relevant category A disease.

Article 80

Cleaning and disinfection

The competent authority shall order the operators to carry out, immediately after the completion of the disease control measures provided for in Article 78, the cleaning and disinfection of:

(a) the establishment, as far as the competent authority considers it is technically possible;

(b) any husbandry-related equipment including but not limited to feeding, grading, treatment, vaccination and workboats;

(d) any protective clothing or safety equipment used by operators and visitors; and

(e) all means of transport including tanks and other equipment used to move infected animals or personnel who have been in contact with infected animals.

The cleaning and disinfection as provided for in paragraph 1 shall be carried out:

(a) in accordance to a protocol previously agreed between the competent authority and the operator; and

(b) under the supervision of official veterinarians.

Article 81

Fallowing of the affected establishment

The competent authority shall order operators to carry out, after the completion of the cleaning and disinfection provided for in in Article 80, the fallowing of the affected establishment for the period of time laid down in Annex XIII.

Article 82

Extension of disease control measures in the event of confirmation of a category A disease

In order to prevent the spread of a category A disease the competent authority shall conduct an investigation provided for in Article 71 and after carrying out a risk assessment, extend some or all of the measures provided for in Articles 78, 80 and 81 to:

(a) establishments of the same compartment or which due to distance, hydrodynamic conditions or topographic conditions, have an increased risk for contracting the relevant disease agent from the suspected establishment where the disease is confirmed;

(b) any establishment which as a result of the enquiry provided for in Article 57 of Regulation (EU) 2016/429, has shown a direct epidemiological link with the establishment where the disease is confirmed.

Article 83

Placing on the market of products of animal origin from aquaculture animals of listed species produced in infected establishments

When granting a derogation in accordance with Article 78(3), the competent authority may allow the placing on the market of products of animal origin from aquaculture animals only if the following conditions are fulfilled:

(a) fish must be slaughtered and eviscerated before dispatch;

(b) molluscs and crustaceans must be fully traceable and processed to non-viable products unable to survive if returned to the water, before dispatch.

When purification is required before processing and placing on the market, it shall be conducted at a disease control aquatic food establishment.

The products of animal origin referred to in paragraph 1 shall be intended for:

(a) direct supply to the final consumer; or

(b) further processing in a disease control aquatic food establishment.

Article 84

Measures to be applied in the event of confirmation of category A diseases in, food and feed businesses, purification centre, dispatch centre, border control posts or any other location of relevance, including means of transport

In the event of confirmation of a category A disease in food and feed businesses, purification centre, dispatch centre, border control posts or any other location of relevance, including means of transport, in accordance with Article 77, the competent authority shall apply:

(a) the measures provided for in Articles 78, Article 80 and Article 81; and

(b) if needed, additional measures adapted to the specific situation in order to prevent the spread of the category A disease from the affected animals and establishments or locations to unaffected animals.

The competent authority shall apply provisions laid down in Articles 78, Article 80 and Article 81 also in the establishments of origin of the animals or products present in the establishments and locations referred to in paragraph 1.

CHAPTER II Disease control measures for category A diseases of aquaculture animals in the restricted zone

Section 1 General disease control measures in the restricted zone

Article 85

Establishment of a restricted zone

In the event of the official confirmation of an outbreak of a category A disease in an establishment, food and feed business, animal by–products establishment or any other location of relevance, including means of transport, the competent authority shall immediately establish a restricted zone around the affected establishment or location, including:

(a) a protection zone around the establishment or location where the category A disease is confirmed;

(b) a surveillance zone around the protection zone; and

(c) if necessary, on the basis of the criteria set out in Article 64(1) of Regulation (EU) 2016/429, further restricted zones around or adjacent to the protection and surveillance zones.

The extent of the zones shall be set on a case-to-case basis, taking into account factors influencing the risk of spreading the disease. To that end, the the competent authority shall consider the following data and criteria:

(a) data from the epidemiological enquiry in accordance with Article 57 in Regulation (EU) 2016/429;

(b) relevant hydrodynamic data;

(d) criteria provided for in Annex XIV to this Regulation.

The competent authority shall adapt the boundaries of the initial restricted zone, including the boundaries of the protection, surveillance and the further restricted zones, in the case of the overlapping of two or more restricted zones due to further outbreaks of the category A disease.

By way of derogation from paragraph 1, the competent authority may due to specific geographical, hydrodynamic and epidemiological circumstances, and after carrying out a risk assessment taking into account the disease profile:

(a) not establish the restricted zone as provided for in paragraph 1 around the infected establishment or location;

(b) establish a restricted zone consisting of a protection zone without any adjacent surveillance zone; or

(c) not establish a restricted zone when a category A disease is confirmed in food and feed businesses, purification centre, dispatch centre, border control posts, animal by-products establishments or any other location of relevance, including means of transport.

The competent authority may derogate, to the extent necessary and after carrying out a risk assessment taking into account geographical, hydrodynamic, epidemiological circumstances and the disease profile, from the provisions of this Chapter:

(a) in the further restricted zones; and

(b) in the case that the competent authority decides to establish the restricted zone when an outbreak of a category A disease occurs in establishments or any other locations of relevance referred to in paragraph 4(c).

Article 86

Measures to be applied in the restricted zone

The competent authority shall without delay compile and keep an up-to-date inventory of all establishments keeping aquaculture animals of listed species located in the restricted zone, including the species, categories and the estimated number of animals in each establishment.

In the establishments located within the restricted zone, the competent authority may, on the basis of epidemiological information or other relevant evidence and after carrying out a risk assessment, implement preventive killing or, slaughtering for human consumption or, in the case of molluscs, removal from water, of aquaculture animals of listed species pursuant to Article 78(1)(a) and (2).

Any collection of samples, in establishments in the restricted zone keeping aquaculture animals of listed species, for purposes other than to confirm or rule out the presence of the relevant category A disease, shall be authorised by the competent authority.

Section 2 Disease control measures in the protection zone

Article 87

Measures to be applied in establishments keeping aquaculture animals in the protection zone

The competent authority shall order operators of establishments keeping aquaculture animals of any species in the protection zone, other than the establishment in which the category A disease has been confirmed, to carry out at least the following measures in order to prevent and control the spread of the disease:

(a) without delay update the records of the inventory provided for in Article 73(1);

(b) when practicable, implement appropriate measures to limit any possible spread of the category A disease to and from any wild aquatic animals that might be in epidemiological contact with the establishment;

(c) prevent aquaculture animals from being removed from the establishment in which they are kept unless authorised by the competent authority;

(d) implement appropriate biosecurity measures to any product, piece of equipment, material or substance likely to spread the relevant category A disease;

(e) reduce the number of visitors to those which are strictly necessary to operate the establishment in a proper manner; and

(f) where practicable, implement appropriate means of cleaning and disinfection at the entry and exit of the establishment.

The competent authority shall order and supervise that the operator has processed or disposed of as the relevant category material in accordance with Regulation (EC) No 1069/2009 animal by-products from aquaculture animals of listed species that have died or have been killed, including molluscs shells with meat, in establishments keeping listed species within the protection zone.

The competent authority may decide after carrying out a risk assessment that Articles 87 and 88 only apply to aquaculture animals of listed species.

Article 88

Visits by official veterinarians in establishments in the protection zone

The competent authority shall ensure that official veterinarians carry out at least one visit to all the establishments referred to in Article 87 as soon as possible and without delay after the official confirmation of an outbreak of category A disease, with priority directed to establishments that the competent authority has assessed as posing a high risk as regards contracting or spreading disease.

When carrying out the visits referred to in paragraph 1, official veterinarians shall perform at least the following activities:

(a) documentary checks and record analysis;

(b) verification of the implementation of the measures intended to prevent the introduction or spread of the relevant category A disease in accordance with to Article 87;

(d) if necessary, collection of samples for laboratory examination in order to confirm or rule out the presence of the relevant category A disease.

The competent authority may require further veterinary visits to the establishments to follow up on the situation.

The competent authority shall keep a record of activities and visits referred to in paragraph 1, 2 and 3, and the findings thereof.

Article 89

Prohibitions in relation to movements of aquaculture animals, products from aquaculture animals, other substances and material within, from or to the protection zone

The competent authority shall prohibit the following movements within the protection zone:

(a) movement of aquaculture animals of listed species between establishments in the protection zone;

(b) movement of aquaculture animals of listed species from or to the protection zone;

(c) any movements from the establishments within the protection zone of means of transport and any equipment, product, material or substance likely to transmit the relevant category A disease;

(d) transport of aquaculture animals by well-boats through the protection zone; and

(e) dispatch of unprocessed animal by-products from aquaculture animals of any species from establishments in the protection zone.

The competent authority may, after carrying out a risk assessment, extend the prohibitions provided for in paragraph 1(a) to 1(d) to animals of non-listed species and their products.

Article 90

General conditions to grant derogations from prohibitions of movement and transport concerning aquatic animals and products in the protection zone

By way of derogation from the prohibitions provided for in Article 89(1), the competent authority may authorise the movement and transport of aquatic animals and products thereof in the cases referred to in Articles 91, 92 and 93 under the specific conditions provided for in those Articles and the general conditions laid down in paragraph 2 of this Article.

When granting the authorisations provided for in pargraph 1, the competent authority shall ensure that the following conditions are met:

(a) all movements must be carried out exclusively via designated routes, agreed with the competent authority, without unloading or stopping for reasons other than the exchange or discharges of water as provided for in point (b);

(b) any exchange of water and discharges of water during the transportation must be carried out in areas, establishments or water exchange points approved by the competent authority;

(c) the means of transport must be constructed and maintained in such a way that they can undergo proper cleaning and disinfection;

(d) the means of transport are cleaned and disinfected:
(i) prior to the transport operations; and
(ii) after transport operations under the supervision of the official veterinarian;

(e) any other supplementary biosecurity measure considered necessary by the competent authority must be taken in relation to transport operations.

Article 91

Specific conditions for slaughter, and movements for slaughter or processing of aquaculture animals from listed species from establishments in the protection zone

Aquaculture animals from establishments keeping listed species in the protection zone may be:

(a) slaughtered within the establishment in compliance with biosecurity measures provided for by the competent authority; or

(b) moved for immediate slaughter for human consumption in a disease control aquatic food establishment; or

(c) in the case of molluscs, removed from water and moved to a disease control aquatic food establishment for purification if necessary and further processing.

The competent authority may, after carrying out a risk assessment based on relevant epidemiological data, limit the application of the measures provided for in paragraph 1 to establishments keeping solely aquaculture animals of species listed in the third column of the Annex to Commission Implementing Regulation (EU) 2018/1882.

When authorising the movements of aquaculture animals referred to in paragraph 1(b), the competent authority responsible for the disease control aquatic food establishment shall:

(a) be informed of the intention to send aquaculture animals of listed species to the disease control aquatic food establishment;

(b) agree to receive the aquaculture animals in question;

(d) ensure that the aquaculture animals of listed species originating from the protection zone are kept separately from aquaculture animals of listed species originating from outside the protection zone, and slaughtered or processed separately from those animals;

(e) monitor the slaughtering or processing;

(f) ensure that the cleaning and disinfection of the premises is completed before aquaculture animals from establishments outside the protection zone are slaughtered or processed;

(g) ensure that products of animal origin obtained from the aquaculture animals comply with the specific conditions for placing on the market provided for in Article 92; and

(h) ensure that animal by-products from slaughter or other processes referred to in paragraph 1, are processed or disposed of in accordance with Regulation (EC) No 1069/2009.

Article 92

Specific conditions for placing on the market of products of animal origin from aquaculture animals of listed species produced in non-affected establishments in the protection zone

The competent authority may authorise placing on the market of products of animal origin obtained from aquaculture animals of listed species in non-affected establishments in the protection zone, provided that the following conditions are fulfilled:

(a) fish must be slaughtered and eviscerated before dispatch; and

(b) molluscs and crustaceans must be fully traceable and processed to non viable products unable to survive if returned to the water, before dispatch.

The products of animal origin referred to in paragraph 1 shall be intended:

(a) for direct supply to the final consumer; or

(b) for further processing in a disease control aquatic food establishment.

Article 93

Special conditions for authorising transport of unprocessed animal by-products from establishments located in the protection zone

The competent authority may authorise the transport of unprocessed animal by-products of aquaculture animals of listed species from establishments in the protection zone to a plant for further processing in accordance with Regulation (EC) No 1069/2009.

Article 94

The competent authority may, after carrying out a risk assessment, implement risk- mitigating measures as regards:

(a) commercial and recreational fishing activities in the protection zone;

(b) other activities that are related to aquatic animals in the protection zone and that might pose a risk of spreading the disease; and

In the framework of the measures provided for in paragraph 1, the competent authority may, as relevant, order the cleaning and disinfection of equipment, which has been used in waters covered by the protection zone.

Article 95

Measures to be applied in food and feed businesses, purification centre, dispatch centres, border control posts, animal by-products establishments or any other location of relevance in the protection zone, including means of transport

The competent authority shall apply the measures provided for in Articles 87 to 93 in food and feed businesses, purification centre, dispatch centres, border control posts, animal by-products establishments or any other location of relevance in the protection zone, including means of transport.

Article 96

Removal of aquaculture animals from affected establishments and subsequent risk- mitigating measures

The competent authority shall determine a point in time by which aquaculture animals in all infected establishments shall be removed.

The competent authority may decide, after carrying out a risk assessment, that paragraph 1 also applies to establishments in the protection zone in which the category A disease has not been confirmed in order to control and prevent the possible spread of the diseases.

After the removal of aquaculture animals as provided for in paragraph 1, cleaning, disinfection and fallowing shall be carried out in accordance with Articles 80 and 81.

The competent authority shall order synchronous fallowing of the affected establishments and the establishments selected in accordance with paragraph 2.

The synchronous fallowing referred to in paragraph 4 shall last for the period of time laid down in Annex XIII.

Article 97

Duration of disease control measures in the protection zone, repopulation of establishments covered by the protection zone

The competent authority shall maintain the disease control measures in the protection zone provided for in Section 2 of this Chapter until:

(a) the measures in Article 96 are carried out and completed; and

(b) the competent authority has, based on the outcome of the investigations conducted in accordance with Article 88, ruled out any occurrence of the relevant category A disease in the other establishments within the protection zone.

When the conditions set out in paragraph 1 are met:

(a) the competent authority shall apply the measures provided for in Section 3 of this Chapter in the protection zone for the period of time set out in Article 101; and

(b) the establishments referred to in Article 96(1) and (2) and previously covered by the protection zone may be repopulated.

Section 3 Disease control measures in the surveillance zone

Article 98

Measures to be applied in establishments in the surveillance zone

In the surveillance zone, the competent authority shall order that the measures provided for in Article 87 are applied in all establishments keeping aquaculture animals of listed species.

Official veterinarians shall visit the establishments referred to in paragraph 1 and carry out the activities provided for in Article 88(2) as appropriate.

The establishments within the surveillance zone shall undergo surveillance comprising visits and samplings as described in point 1 of Annex XV.

The surveillance provided for in paragraph 3 shall be carried out by the competent authority.

Article 99

Measures in relation to the movement and transport of aquaculture animals within from or to the surveillance zone

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