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)
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 to the movement of circus animals between Member States.
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 legislation implementing Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.
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 the official veterinarian as defined in Article 2(7) of Directive 90/425/EEC.
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.
Registration of circuses
1. At least 40 working days before a circus first moves to another Member State, the circus operator shall submit in writing an application for registration to the competent authority of the Member State in which the circus has its legal residence or in the Member State in which it is situated.
2. Following receipt of the application referred to in paragraph 1, the competent authority shall carry out all the necessary checks on compliance with the animal health requirements laid down in this Regulation.
3. If the requirements referred to in paragraph 2 are met, the 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 Article 5;
(c)
a venue register in accordance with Article 6;
(d)
animal passports in accordance with Article 7.
4. The competent authority shall keep a record of all the documents issued by it under paragraph 3.
Register of animals
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 veterinarian prior to issue.
Venue register
The venue register referred to in Article 4(3)(c) shall be in conformity with the model laid down in Annex II and bear 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.
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 this Article, a passport in conformity with the model laid down in Annex III.
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.
3. Dogs, cats and ferrets in the circus shall be subject to the passport and animal health rules in Regulation (EC) No 998/2003.
4. Equidae in the circus shall be subject to the passport and animal health rules in Decision 93/623/EEC.
Obligations of the circus operator
1. Before a circus moves to another Member State, the circus 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.
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.
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.
Requirements for movements of circuses between Member States
1. Before a circus moves to another Member State, the official veterinarian in the Member State of departure shall:
(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 animals in the circus to ensure that they are clinically 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;
(d)
verify that the passports of the animals in the circus are up to date.
2. If all the conditions set out in paragraph 1 are met, the 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).
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.
2. The competent authority of the Member State of departure shall, using the Traces system, notify the movement to the 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 down in Regulation (EC) No 599/2004, the species and 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.
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union .
It shall apply from 1 January 2007.
Supplementary provisions
ANNEX ISupplementary provisions
ANNEX I
REGISTER OF ANIMALS IN A CIRCUS or ANIMAL ACT (pursuant to Commission Regulation (EC) No 1739/2005) ( 1 )
Text of image
1.1. Circus or animal act name
1.2. Owner of circus or animal act
1.3. Address of circus or animal act owner
1.4. Registration number
1.5. Competent authority (address)
1.6. Number of pages
1.7. Date of issue
1.8. Name and address of circus or animal act operator
2.1. SERIAL NUMBER
2.2. ANIMAL OWNER (1) (name and address)
2.3. PASSPORT NUMBER
2.4. SPECIES
2.5. INDIVIDUAL IDENTIFICATION (2)
2.6. ENTERED INTO THE CIRCUS or ACT ON
2.7. LEFT THE CIRCUS or ACT ON
1.
2.
3.
4.
5.
(1) To be completed when the animals are not owned by the circus. Details of each animal must be entered separately for each separate owner.
(2) Where practical, specify type (tattoo, microchip, ear tag, sketch card, or photograph, etc.), number and location.
PAGE …
3. STAMP AND SIGNATURE OF THE OFFICIAL VETERINARIAN
( 1 ) The register must be in the form of a book, the pages are proof against substitution. To this end each page shall be signed and stamped by an official veterinarian prior to being issued to the circus operator. It must be kept for a minimum of five years.
ANNEX IISupplementary provisions
ANNEX II
VENUE REGISTER FOR A CIRCUS or ANIMAL ACT (pursuant to Commission Regulation (EC) No 1739/2005)
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1.1. Circus or animal act name:
1.2. Registration number:
1.3. Address:
1.4. Circus operator:
1.5. Address of resting/winter quarters (if applicable):
1.6. Point of contact (including phone number):
Permanent:
when travelling (if available — e.g. GSM):
2.1. Date of arrival
2.2. Country
2.3. Last place visited prior to movement to another Member State (region and town)
2.4. Intended date of departure
2.5. Stamp and signature of official veterinarian (*)
Stamp
Date
Signature
Stamp
Date
Signature
Stamp
Date
Signature
Stamp
Date
Signature
(*) To be completed when the circus is authorised to move to another Member State.
ANNEX IIISupplementary provisions
ANNEX III
INDIVIDUAL PASSPORT FOR ANIMALS IN A CIRCUS or ANIMAL ACT
Text of image
COVER
EUROPEAN UNION
[MEMBER STATE]
ANIMAL PASSPORT
(CIRCUSES AND ANIMAL ACTS)
Number
Issued at on / /
Competent authority
Regional/local service of
COVER
Text of image
1. Owner
1.1. First name
1.2. Surname
1.3. Address
1.4. Post code
1.5. City
1.6. Country
1.7. Telephone number
1.8. GSM ( 1 )
1.9. Fax ( 1 )
1.10. E-mail ( 1 )
( 1 ) Not mandatory.
In the event of a change of ownership, this section shall be crossed out and the relevant addendum must be completed.
2. Description and identification of the animal
2.1. Name
2.2. Species
2.3. Breed
2.4. Sex
2.5. Date of birth
2.6. Coat colour (if any)
2.7. Particular feature(s)
2.8. Individual identification number (if practical)
2.9. Type (tattoo, ear tag, microchip, sketch card, photograph etc.)
2.10. Location
3. Notes
The identification must be verified before any new entry is made on this passport.
Text of image
4. Vaccination history
4.1. Date
4.2. Vaccine
4.3. Stamp and signature
5. Testing details (*)
5.1. Date
5.2. Test
5.3. Result
5.4. Stamp and signature (official vet)
Text of image
6. Treatments
6.1. Date
6.2. Treatment
6.3. Reason for treatment
6.4. Stamp and signature
In sections 4, 5, and 6, more numbered pages in accordance with the models may be added.
Text of image
Notes for guidance
(*) Tests have to be performed as follows:
for animals belonging to the ovine or caprine species:
yearly test for brucellosis with negative result to one of the tests described under Annex C to Council Directive 91/68/EEC
for animals belonging to the bovine species (Bos Taurus, Bubalus bubalis and Bison bison):
yearly test for brucellosis with negative result to one of the tests described under Annex C to Council Directive 64/432/EEC
yearly test for TB with negative result to intradermal tuberculin test as described in Annex B to Council Directive 64/432/EEC
for camelids:
yearly test for brucellosis with negative result to one of the tests described under Annex I, part 4 to Council Decision 79/542/EEC
yearly test for TB with negative result to intradermal tuberculin test as described in Annex I, part 4 to Council Decision 79/542/EEC
Notes
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ADDENDUM 1
Date
Stamp and signature of official veterinarian
1. Owner (to be completed only in the event of a change of ownership)
1.1. First name
1.2. Surname
1.3. Address
1.4. Post code
1.5. City
1.6. Country
1.7. Telephone number
1.8. GSM ( 1 )
1.9. Fax ( 1 )
1.10. E-mail ( 1 )
( 1 ) Not mandatory.
ADDENDUM 2
Date
Stamp and signature of official veterinarian
1. Owner (to be completed only in the event of a change of ownership)
1.1. First name
1.2. Surname
1.3. Address
1.4. Post code
1.5. City
1.6. Country
1.7. Telephone number
1.8. GSM ( 1 )
1.9. Fax ( 1 )
1.10. E-mail ( 1 )
( 1 ) Not mandatory.
Sequence of the headings, numbering of pages and languages:
1. The sequence of the headings (including the numbers) of the model passport must be strictly followed.
2. Each page of the passport must be numbered at the bottom. The number of pages of the passport as issued must be indicated on page 1 in the following format: 1 out of [insert total number of pages].
3. Headings must be given in the official language(s) of the Member State of issue and in English.
4. The size and the shape of the ‘boxes’ of the model passport are indicative and not binding.
ANNEX IVSupplementary provisions
ANNEX IV
PASSPORT FOR BIRDS AND RODENTS IN A CIRCUS or ANIMAL ACT
Text of image
COVER
EUROPEAN UNION
[MEMBER STATE]
ANIMAL PASSPORT: BIRDS AND RODENTS
(CIRCUSES AND ANIMAL ACTS)
Number
Issued at on / /
Competent authority
Regional/local service of
COVER
Text of image
1. Owner
1.1. First name
1.2. Surname
1.3. Address
1.4. Post code
1.5. City
1.6. Country
1.7. Telephone number
1.8. GSM ( 1 )
1.9. Fax ( 1 )
1.10. E-mail ( 1 )
( 1 ) Not mandatory.
In the event of a change of ownership, this section shall be crossed out and the relevant addendum must be completed.
2. Description and identification of the animal
2.1. Species
2.2. Breed
2.3. Individual identification numbers (if practical)
3. Notes
The identification must be verified before any new entry is made on this passport.
Text of image
4. Vaccination history
4.1. Date
4.2. Vaccine
4.3. Stamp and signature
(*) For pigeons:
yearly vaccination against Newcastle disease.
5. Testing details (*)
5.1. Date
5.2. Test
5.3. Result
5.4. Stamp and signature (official vet)
Text of image
ADDENDUM 1
Date
Stamp and signature of official veterinarian
1. Owner (to be completed only in the event of a change of ownership)
1.1. First name
1.2. Surname
1.3. Address
1.4. Post code
1.5. City
1.6. Country
1.7. Telephone number
1.8. GSM ( 1 )
1.9. Fax ( 1 )
1.10. E-mail ( 1 )
( 1 ) Not mandatory.
ADDENDUM 2
Date
Stamp and signature of official veterinarian
1. Owner (to be completed only in the event of a change of ownership)
1.1. First name
1.2. Surname
1.3. Address
1.4. Post code
1.5. City
1.6. Country
1.7. Telephone number
1.8. GSM ( 1 )
1.9. Fax ( 1 )
1.10. E-mail ( 1 )
( 1 ) Not mandatory.
Sequences of the headings, numbering of pages and languages:
1. The sequence of the headings (including the numbers) of the model passport must be strictly followed.
2. Each page of the passport must be numbered at the bottom. The number of pages of the passport as issued must be indicated on page 1 in the following format: 1 out of [insert total number of pages].
3. Headings must be given in the official language(s) of the Member State of issue and in English.
4. The size and the shape of the ‘boxes’ of the model passport are indicative and not binding.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
