Derogations from the requirement on operators to apply to the competent authority for approval of aquaculture establishments
Article 3
1. By way of derogation from Article 176(1)(a) of Regulation (EU) 2016/429, operators of the following types of aquaculture establishments shall not be required to apply to the competent authority for approval of their aquaculture establishments: (a) aquaculture establishments where aquaculture animals are kept solely for release into the wild; (b) extensive ponds where aquaculture animals are kept for direct human consumption or for release into the wild; (c) purification centres which: (i) are approved in accordance with Article 4 of Regulation (EC) No 853/2004; and (ii) receive molluscs only from within the epidemiological area in which the establishment is located; (d) dispatch centres which: (i) are approved in accordance with Article 4 of Regulation (EC) No 853/2004; and (ii) receive molluscs only from within the epidemiological area in which the establishment is located; (e) relaying areas which: (i) are approved in accordance with Article 4 of Regulation (EC) No 853/2004; and (ii) receive molluscs only from within the epidemiological area in which the establishment is located. 2. Derogations from the requirement to apply to the competent authority for approval provided for in paragraph 1 of this Article shall only apply to aquaculture establishments from which aquaculture animals are not moved to another Member State, other than molluscs for direct human consumption and when the competent authority has completed a risk assessment: (a) taking into account at least the risk factors set out in points (a) and (b) of Chapter 2 of Part I of Annex VI to Commission Delegated Regulation (EU) 2020/689; and (b) which has found the risk of the aquaculture animals on the aquaculture establishment either contracting or spreading a listed disease or an emerging disease to be insignificant.