Article 1Subject matter and scopeBy 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.

Article 2DefinitionsFor 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.

Article 3Movement between Member StatesA 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 4Registration of circuses1.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.

Article 5Register of animalsThe 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.

Article 6Venue registerThe 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.

Article 7Animal passports1.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.

Article 8Obligations of the circus operator1.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.

Article 9Requirements for movements of circuses between Member States1.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).

Article 10Information on movements of circuses between Member States1.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.

Article 11Entry into forceThis 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.

This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 21 October 2005.For the CommissionMarkos KyprianouMember of the CommissionANNEX IREGISTER OF ANIMALS IN A CIRCUS or ANIMAL ACT (pursuant to Commission Regulation (EC) No 1739/2005)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. 32005R1739_en_img_1

ANNEX IIVENUE REGISTER FOR A CIRCUS or ANIMAL ACT (pursuant to Commission Regulation (EC) No 1739/2005) 32005R1739_en_img_2

ANNEX IIIINDIVIDUAL PASSPORT FOR ANIMALS IN A CIRCUS or ANIMAL ACT 32005R1739_en_img_3

ANNEX IVPASSPORT FOR BIRDS AND RODENTS IN A CIRCUS or ANIMAL ACT 32005R1739_en_img_9

Amendments and corrections
April 20, 2021	Partial end of validity See 32019R2035 Art. 85
January 1, 2007	Application - See Art 11
November 11, 2005	Entry into force - Date pub. + 20 See Art 11

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)