International trade: Customer Information Notes - GEN/08/81
Implementation of commission regulation (EC) No 1739/2005 laying down animal health requirements for the movement of circuses/animal acts between EU member states.
Introduction:
- The purpose of this CIN is to advise of the requirements of Commission Regulation 1739/2005, which came into force in England and Wales on 1st July 2007 and in Scotland on 28th September 2007. The Regulation establishes harmonised animal health controls for the movement of circus animals/animal acts between Member States.
- The enforcement powers for this Regulation have been provided by the Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007 (SI 2007 No. 1621) and the Animals and Animal Products (Import and Export) (Wales) (Laboratories, Circuses and Avian Quarantine) Regulations 2007 (SI 2007 No. 1627) and The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007. These Regulations amend the Animals and Animal Products (Import and Export) (England) Regulations 2006 (SI 2006 No. 1471), the Animals and Animal Products (Import and Export) (Wales) Regulations 2006 (SI 2006 No. 1536) and The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007 (SI 2007 No. 194).
Background:
- EU Commission Regulation 1739/2005 covers mammals (including bats), birds, bees, salmon and trout kept primarily for the purpose of public exhibition or entertainment and that are to be moved between Member States.
- This EU Regulation does not apply to movements of circus animals or animal acts within Great Britain, Northern Ireland, the Channel Islands or the Isle of Man or to animals which are primarily used for other purposes such as pets, farm animals or animals in zoos.
- The EU Regulation sets out the responsibilities of the circus operator and owners of animal acts and the competent authority of each Member State.
Registration process:
- In order to comply with this Regulation, the circus operator/animal act owner must register with Animal Health, Lincoln at least 40 working days before they intend to travel to another EU country.
- To register a circus or animal act:
- An application form entitled ‘Application for the Registration of a Circus or Animal Act’ must be submitted at least 40 days before the intended date of travel. The application form can be obtained by either accessing the Defra website; or by contacting Animal Health, Lincoln, who are the centralised office who deal with all registration enquiries, on tel: 01522 529951 : email: AH.Lincoln@animalhealth.gsi.gov.uk.
Once completed, the application form should be returned to Animal Health at the address given on the form.
- An approved Official Veterinarian (OV) (see paragraph 14) will carry out a registration visit in order to register the circus or animal act. If you do not know of an OV, Animal Health, Lincoln can advise of a suitable OV in your area. They will also write to the nominated OV and send the necessary documentation for the registration visit. They will advise the circus operator/animal act owner of when they have done this in order that the circus operator/animal act owner knows when to contact their OV to arrange the visit.
- During the visit, the OV will examine the animals and once satisfied that they meet the necessary EU requirements he/she will issue the circus/animal act with a “Register Document” and passports for each animal.
- The circus operator must ensure that each animal in the circus is kept in a way that prevents direct or indirect contact with any animal not registered under Commission Regulation (EC) No 1739/2005. Your OV will be able to provide advice on the best way to do this.
Documentation:
- The Register Document, which will have the registration number of the circus/animal act, comprises of two parts:
- The Register of animals which records the details of all animals that are part of the circus/animal act; and the
- Venue Register which records all places that have been visited by the circus/animal act. This must be completed, signed and stamped by an approved OV before leaving every location visited.
- It is the responsibility of the circus operator/animal act owner to ensure that the information contained in the Register Document is kept up to date and that the Register Document is retained for a minimum of 5 years.
Charges:
10. The OV will make a charge to the circus operator/animal act owner for the registration visit and any other visits relating to compliance with the EU Regulation. The charges for these visits are strictly a commercial matter between the OV and the circus operator/animal act owner.
11. Animal Health will also charge for the costs of registration of the circus/animal act. This includes the cost of the Register Document that the OV will issue. A charge will also be made for each passport issued for each of the animals that form part of the circus/animal act. The current charges can be found on the Animal Health website.
Movement to other Member States:
12. Following the Registration Visit (and provided registration is granted and all requirements are met) at least 10 days prior to the intended movement to another Member State, the circus operator/animal act owner must contact the local AHDO and advise of their intention to travel. An application for an Intra Trade Animal Health Certificate (ITAHC) will need to be completed and submitted to the local Animal Health Divisional Office. Once printed by the AHDO, the ITAHC will be sent to the circus operator/animal act owner’s nominated OV. NB: The OV who inspects the animals and signs the ITAHC does not have to be the same OV who carried out the registration visit.
13.The circus operator/animal act owner must advise the local AHDO of the intended leaving date 48 hours before leaving so that the obligations can be met to notify transit and destination countries of consignments intended for movement.
Role of the Official Veterinarian (OV):
14. The OV role is split into two parts:
- carrying out the initial registration process and making sure all animals are in line with the EU Regulation on circuses, and
- ensuring that the Regulation is still being adhered to, when it comes to carrying out inspections before the circus/animal act leaves for another Member State.
15. During the registration visit, the OV will:
- check that all the animals in the circus/animal act have had the tests and vaccinations that they require in order to be able to travel within the EU.
- check that all registered animals have no direct contact with unregistered animals. This is a measure to protect against the spread of disease.
- issue the circus/animal act with the Register Document and passports once satisfied that the regulations have been adhered to.
16. During the visit to sign the ITAHC, the OV will:
- check that all the animals still meet the requirements of the EU Regulation, including the need for them to be fit to travel and show no signs of disease. (Note: if any new passports are required, the OV will need prior notice to ensure an adequate supply of documents are available.)
- sign, stamp and date the Venue Register document and issue the ITAHC to the circus operator/animal act owner.
Enforcement/penalties:
17. Failure to abide with the requirements of EU Regulation 1739/2005 may result in:
- the circus/animal act being refused to travel to another EU Member State
- legal proceedings be taken against circus operators/animal act owners by Local Authority Trading Standards Officers which could result in a fine not exceeding level 5 on the standard scale, currently £5000 or imprisonment for a term not exceeding two years or both may apply.
For more information:
18. Further information on the requirements of EU Regulation 1739/2005 are available.
19. This CIN has been delayed because of disease outbreak at the time the Regulation came into force.
General:
20. Please contact Amanda Furlonger on telephone 0207 238 6830 or fax 0207 238 3087 if you have any queries concerning this Customer Information Note.
Page published: 7 May, 2008