F1Article 15

1.

Member States shall take the appropriate specific measures to penalize any infringement of this Directive whether by a natural or a legal person.

2.

If it is confirmed that the provisions of this Directive are not or have not been complied with the competent authority of the place in which such a finding is made shall take all appropriate measures to safeguard animal health and to prevent the spread of disease.

Depending on the circumstances, such action by the competent authority may consist of taking the measures required to:

(a)

arrange for the journey to be completed or the animals returned to their place of departure by the most direct route, providing this course of action would not further jeopardize the health or welfare of the animals;

(b)

arrange for the animals to be held in suitable accommodation with appropriate care in the event of interruption of the journey;

(c)

arrange for the slaughter of the animals. The destination and use of such animals after slaughter shall be regulated:

  • in accordance with the provisions of Directive 64/433/EEC 17 , or

  • in accordance with the provisions of Directive 90/667/EEC where the health status of the animals cannot be established or where they are liable to be a risk to animal health or public health. However, where the provisions of Directive 90/667/EEC should apply, a regularization period may be accorded to the owner or his agent before that final possibility is invoked. In that case, the provisions of paragraph 3 of this Article shall apply.

3.

The competent authority of the Member State of destination shall immediately notify the competent authority of the Member State of origin on the establishment of any infringement of this Directive.

In accordance with the provisions established by Directive 89/608/EEC, Member States shall provide mutual assistance to one another in the application of this Directive in order to ensure, in particular, compliance with the provisions laid down in this Article.

4.

This Article shall not affect national rules applicable to penal sanctions.