Derogation from establishing demarcated areas
Article 5
1. By way of derogation from Article 4(1), the competent authorities may choose not to establish a demarcated area, if all of the following conditions are fulfilled: (a) the specified pest has been found in one of the following: (i) an isolated water body (e.g. pond, lake); (ii) a site of production that is physically isolated from the surrounding waterways; (iii) a natural water body where, due to low temperatures, the specified pest cannot establish; (b) there is evidence that the specified pest has not escaped from the place where it has been found; (c) there is evidence that it is an isolated finding not expected to lead to establishment of the specified pest; (d) there is no water connection that will allow the natural spread of the specified pest between the location of the finding and the natural environment in the cases described in points 1(a)(i) and (ii); (e) in case there is a depuration system in the water body, that system has been cleaned up to ensure the absence of the specified pest. 2. Where the competent authority applies the derogation provided for in paragraph 1, it shall: (a) take the measures to ensure the prompt eradication of the specified pest and exclude the possibility of its spread; (b) trace back the origin of the infestation and investigate the pathways associated with the finding of the specified pest as far as possible; (c) raise public awareness of the threat of the specified pest; and (d) carry out visual examinations in the site where the specified pest was found and its surroundings, for at least 2 years after the finding, to ensure the absence of the specified pest in the cases described in points 1(a)(i) and (ii).