(8)Article 23 of Delegated Regulation (EU) 2020/687 provides that the competent authority may grant derogations from the provisions set out in Chapter II of that Delegated Regulation concerning the measures to be applied in the restricted zones under certain circumstances, to the extent necessary and after carrying out a risk assessment. However, it is not clear that the outcome of the risk assessment must indicate that the risk of spread of the disease is negligible in order for the competent authority to grant a derogation. In addition, following the amendments made to Article 21(3) of Delegated Regulation (EU) 2020/687 by Commission Delegated Regulation (EU) 2023/751note regarding establishments keeping up to 50 captive birds, point (c) of Article 23 is no longer necessary as it is covered by Article 21(3), point (g) of Delegated Regulation (EU) 2020/687. Moreover, the derogation initially provided by Article 23, point (c), of Delegated Regulation (EU) 2020/687 only covers establishments keeping up to 50 captive birds where the outbreak of the category A disease occurred. However, as a result of the amendments made by Delegated Regulation (EU) 2023/751 to Article 21(3) of Delegated Regulation (EU) 2020/687, and based on Article 23, point (d) of that Delegated Regulation derogations are currently possible in establishments keeping up to 50 captive birds, which are not the establishments where the outbreak occurred. Therefore, Article 23 of Delegated Regulation (EU) 2020/687 should be amended accordingly.
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