Commission Regulation (EC) No 1739/2005 of 21 October 2005 laying down animal health requirements for the movement of circus animals between Member States   (Text with EEA relevance)
Date: 2005-10-21
Institutions: European Commission
Subjects: animal show, health legislation, live animal, traceability, veterinary inspection

22.10.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1739/2005

of 21 October 2005

laying down animal health requirements for the movement of circus animals between Member
States

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 92/65/EEC of 13 July 1992
laying down animal health requirements governing trade in and
imports into the Community of animals, semen, ova and
embryos not subject to animal health requirements laid down
to
in specific Community rules referred to in Annex A(1)
Directive 90/425/EEC (1), and in particular Article 23 thereof,

Whereas:

(1)

(2)

(3)

It is appropriate, in accordance with Directive 92/65/EEC,
to lay down, by way of derogation from the general rules
on animal movements in Chapter II of that Directive,
special animal health requirements for the movement
of circus animals. The measures provided for in this
Regulation should apply to travelling exhibitions, fairs
or
establishments
acts but not permanent
referred to in Article 2(1)(c) of Directive 92/65/EEC.

animal

it

is necessary for

the
For animal health purposes,
competent authorities to have certain information on
circuses and fairs which contain circus animals,
in
particular
regards movements between Member
States.
It is therefore appropriate to require that such
circuses and fairs be registered in a Member State and
that their itineraries be recorded.

as

Circuses and fairs often perform outside their Member
State of origin. It should therefore be possible for them
to be registered in the Member State in which they are
ordinarily resident or in which they are situated, even if
that is not their Member State of origin.

(1) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive
2004/68/EC (OJ L 139, 30.4.2004, p. 320); corrected version in (OJ
L 226, 25.6.2004, p. 128).

(5)

(6)

(7)

An animal act contains a single animal or a limited
number of animals kept
for the primary purpose of
public exhibition or entertainment, and may be indepen-
dently managed or owned. Animal acts may perform
outside their Member State of origin, for example when
forming part of a circus or when carrying out work on
an individual basis such as activities for entertainment or
filming. It is therefore also appropriate to include animal
acts within the scope of this Regulation.

The animal health risk posed by a circus or fair is directly
related to the species of animals kept in it. Operators of
circuses and of animal acts should therefore be required
to keep registers
information
about the presence of their animals.

recording the relevant

It is necessary to facilitate controls on the animal health
status of circus animals. Taking into account the different
ways in which circus animals are moved within the
Community,
it is appropriate to provide for passports
for circus animals which should record all the relevant
including details of official
animal health information,
testing and vaccinations.

trade

in holdings,

intra-Community

The animal health rules for circus animals can be based
on the same principles as the Community animal health
in
concerning
legislation
domestic animals kept
including Council
Directive 64/432/EEC of 26 June 1964 on animal
health problems affecting intra-Community trade in
bovine animals and swine (2) and Council Directive
91/68/EEC of 28 January 1991 on animal health
conditions governing intra-Community trade in ovine
and caprine animals (3). However, these rules should be
adapted to the particular problems posed by the relevant
animal species when they are kept
in circuses and
fairs and properly attested by an official veterinarian
as
in Article 2(7) of Council Directive
defined
90/425/EEC (4).

(2) OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Regu-

lation (EC) No 1/2005 (OJ L 3, 5.1.2005, p. 1).

(3) OJ L 46, 19.2.1991, p. 19. Directive as

last amended by
Commission Decision 2004/554/EC (OJ L 248, 22.7.2004 p. 1).
(4) OJ L 224, 18.8.90, p. 29. Directive as last amended by Directive
2002/33/EC of the European Parliament and of the Council
(OJ
L 315, 19.11.2002, p. 14).

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(8)

(9)

(10)

(11)

(12)

(13)

Animal health conditions and accompanying documen-
tation or passports have been laid down for the intra-
Community movement of cats, dogs and ferrets in Regu-
lation (EC) No 998/2003 of the European Parliament and
the Council (1) and of
in Commission
of
Decision 93/623/EEC (2). Circus
those
species
should therefore comply with the rules on
passports and animal health laid down therein.

animals of

equidae

In the interests of consistency, it is appropriate to permit
Ireland, Cyprus, Malta, and the United Kingdom to apply
to circus animals which are susceptible to rabies their
national
in
Directive 92/65/EEC.

rules on quarantine

as provided for

The measures provided for in this Regulation should be
without prejudice to legislation implementing Council
Regulation (EC) No 338/97 of 9 December 1996 on
the protection of species of wild fauna and flora by
regulating trade therein (3).

it

certification requirements

traceability of circus animals,

To ensure full
is
necessary to record intra-Community movements of
circus animals using the Traces system introduced by
Commission Decision 2004/292/EC (4), and to apply
intra-Community
the
trade as laid down in Commission Regulation (EC) No
599/2004 of 30 March 2004 concerning the adoption of
a harmonised model certificate and inspection report
linked to intra-Community
and
products of animal origin (5).

in animals

trade

for

Sufficient time should be allowed to permit the imple-
mentation of the new requirements provided for in this
Regulation.

The measures provided for in this Regulation are in
Standing
accordance with
Committee on the Food Chain and Animal Health,

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

By way of derogation from Chapter II of Directive 92/65/EEC,
this Regulation lays down the animal health requirements
applicable
animals between
Member States.

to the movement of

circus

(1) OJ L 146, 13.6.2003, p. 1. Regulation as

(EC) No 1193/2005 (OJ

last amended by
L 194,

Commission Regulation
26.7.2005 p. 4).

(2) OJ L 298, 3.12.1993, p. 45. Decision as amended by Decision

2000/68/EC (OJ L 23, 28.1.2000, p. 72).

(3) OJ L 61, 3.3.1997, p. 1. Regulation as last amended by Commission

Regulation (EC) No 1332/2005 (OJ L 215, 19.8.2005, p. 1).

(4) OJ L 94, 31.3.2004, p. 63. Decision as last amended by Decision

2005/515/EC (OJ L 187, 19.7.2005, p. 29).

(5) OJ L 94, 31.3.2004, p. 44.

The rules on circuses apply mutatis mutandis to animal acts.

This Regulation shall apply without prejudice to:

(a)

the measures applicable to animals susceptible to rabies in
certain Member States as provided for in Article 10(4) of
Directive 92/65/EEC;

(b) the relevant rules on certification contained within legis-
lation implementing Regulation (EC) No 338/97 on the
protection of species of wild fauna and flora by regulating
trade therein.

Article 2

Definitions

For the purpose of this Regulation the following definitions
shall apply:

1.

‘circus’ means a travelling exhibition or fair that includes one
or more animals;

2.

‘animal’ means an animal of the species listed in Annex A to
Directive 92/65/EEC which is kept for public exhibition for
purposes of entertainment or education;

3.

‘circus operator’ means the owner of the circus, his agent or
another person with overall responsibility for the circus;

4.

‘official veterinarian’ means
defined in Article 2(7) of Directive 90/425/EEC.

the official veterinarian as

Article 3

Movement between Member States

A circus may move to another Member State only if
it is
registered in accordance with Article 4 and if Articles 8, 9
and 10 are complied with.

Article 4

Registration of circuses

At least 40 working days before a circus first moves to
1.
in
another Member State,
registration to the competent
writing an application for
authority of
the Member State in which the circus has its
legal residence or in the Member State in which it is situated.

the circus operator shall submit

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Following receipt of

the application referred to in
2.
paragraph 1, the competent authority shall carry out all the
necessary checks on compliance with the animal health
requirements laid down in this Regulation.

Dogs, cats and ferrets in the circus shall be subject to
in Regulation (EC)

3.
the passport and animal health rules
No 998/2003.

If the requirements referred to in paragraph 2 are met, the

3.
competent authority shall issue:

(a) a unique registration number for the circus which shall

commence with the ISO code of the Member State;

(b) a register of animals in the circus in accordance with Ar-

ticle 5;

(c) a venue register in accordance with Article 6;

(d) animal passports in accordance with Article 7.

The competent authority shall keep a record of all the

4.
documents issued by it under paragraph 3.

Equidae in the circus shall be subject to the passport and

4.
animal health rules in Decision 93/623/EEC.

Article 8

Obligations of the circus operator

Before a circus moves to another Member State, the circus

1.
operator shall ensure that:

(a)

the registers referred to in Article 4(3)(b) and (c) are duly
updated;

(b) all

the animals in the circus are accompanied by duly

updated passports;

(c) at least 10 working days before departure, the competent
authority in the Member State in which the circus is situated
is informed of its intention to move to another Member
State.

Article 5

Register of animals

2.
The circus operator shall ensure that each animal in the
circus is kept in a way that prevents direct or indirect contact
with any animal not registered under this Regulation.

The register of animals in the circus referred to in Article 4(3)(b)
shall be in conformity with the model laid down in Annex I
and bear the registration number referred to in Article 4(3)(a).
Each page shall be stamped and signed by the official veteri-
narian prior to issue.

Article 6

Venue register

The venue register referred to in Article 4(3)(c) shall be in
laid down in Annex II and bear
conformity with the model
the registration number referred to in Article 4(3)(a). Each
entry shall be stamped and signed by the official veterinarian
prior to each movement referred to in Article 9.

Article 7

Animal passports

1.
In accordance with Article 4 the competent authority shall
issue for each animal in the circus, other than those referred to
in paragraphs 2, 3 and 4 of
in
conformity with the model laid down in Annex III.

this Article, a passport

3.
The circus operator shall ensure that all information in the
registers referred to in Articles 4(3)(b) and (c) is kept for at least
five years.

Article 9

Requirements for movements of circuses between Member
States

1.
Before a circus moves to another Member State,
official veterinarian in the Member State of departure shall:

the

(a) verify that the place of departure is not subject to any
animal health restriction relating to a disease to which an
animal in the circus is susceptible;

(b) in the 10 working days before departure inspect all the
they are clinically

animals in the circus to ensure that
healthy;

(c) verify that the register of animals in the circus referred to in
Article 4(3)(b) is up to date and complete at the day of the
inspection;

2.
In accordance with Article 4 the competent authority shall
issue for birds and rodents in the circus a collective passport in
conformity with the model laid down in Annex IV.

(d) verify that the passports of the animals in the circus are up

to date.

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If all the conditions set out in paragraph 1 are met, the
2.
official veterinarian shall indicate that the circus is authorised to
move within the next 10 working days by signing and stamping
the last column of the venue register referred to in Article
4(3)(c).

Article 10

Information on movements of circuses between Member
States

1.
The circus operator shall, at least 48 hours before the
circus moves from one Member State to another, communicate
the relevant information to complete the intra-Community trade
certificate in Traces to the competent authority of the Member
State of departure.

competent authority of the Member State of destination and to
the competent authority of any Member State of transit.

3.
In the intra-Community trade certificate model as laid
the species and
down in Regulation (EC) No 599/2004,
passport number of the animals in the circus shall be inserted
in point I.31 on the identification of animals/products and the
present Regulation shall be mentioned in part II.

Article 11

Entry into force

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

2.
The competent authority of the Member State of departure
shall, using the Traces system, notify the movement to the

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 October 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

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VENUE REGISTER FOR A CIRCUS or ANIMAL ACT (pursuant to Commission Regulation (EC) No 1739/2005)

ANNEX II

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ANNEX III

INDIVIDUAL PASSPORT FOR ANIMALS IN A CIRCUS or ANIMAL ACT

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ANNEX IV

PASSPORT FOR BIRDS AND RODENTS IN A CIRCUS or ANIMAL ACT

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