PART II

DISEASE NOTIFICATION AND REPORTING, SURVEILLANCE, ERADICATION PROGRAMMES, DISEASE–FREE STATUS
CHAPTER 4

Disease–free status

Delegation of powers concerning the disease–free status of Member States and zones
Article 39
The Commission shall adopt delegated acts in accordance with Article 264 concerning:
1. detailed rules for the disease–free status of Member States and zones thereof, based on the different disease profiles, concerning:
  1. the criteria to be used to substantiate claims by Member States that no listed species are present or able to survive in their territory and the evidence required to substantiate such claims, as provided for in point (a) of Article 36(1);
  2. the criteria to be used, and the evidence required, to substantiate claims that a disease agent or vector is not able to survive, as provided for in points (b) and (c) of Article 36(1);
  3. the criteria to be used, and the conditions to be applied, to determine freedom from the disease in question, as referred to in point (d) of Article 36(1);
  4. surveillance results and other evidence needed to substantiate freedom from disease;
  5. biosecurity measures;
  6. restrictions and conditions for vaccination in disease-free Member States and zones thereof;
  7. the establishment of zones separating disease–free zones or zones under the eradication programme from restricted zones (‘buffer zones’);
  8. zones which are located in the territory of more than one Member State;
2. derogations from the requirement for approval by the Commission of disease–free status for one or more listed diseases referred to in points (b) and (c) of Article 9(1), as laid down in Article 36(1), where such approval is not necessary on account of detailed rules for freedom from disease having been laid down in rules adopted pursuant to point (a) of this Article;
3. the information to be provided by Member States to the Commission and the other Member States to substantiate declarations of disease–free status, without the adoption of an implementing act in accordance with Article 36(4), as provided for in point (b) of this Article.