Council Regulation (EC) No 1/2005Show full title

Article 26 Infringements and notification of infringements

1. In the case of any infringements of this Regulation, the competent authority shall take the specific measures provided for in paragraphs 2 to 7.

2. Where a competent authority establishes that a transporter has not observed, or a means of transport does not comply with this Regulation, it shall notify without delay the competent authority which granted the authorisation to the transporter or the certificate of approval of the means of transport and, where the driver is involved in the failure to observe the requirements of this Regulation, the one that issued the driver's certificate of competence. Any relevant data and documents shall accompany such notification.

3. Where a competent authority of a place of destination finds that the journey took place in breach of this Regulation, it shall notify without delay the competent authority of the place of departure. Any relevant data and documents shall accompany such notification.

4. Where a competent authority establishes that a transporter has not observed, or a means of transport does not comply with this regulation, or where a competent authority receives a notification as provided for in paragraph (2) or (3) it shall, if appropriate:

(a) require the transporter concerned to remedy the breaches observed and establish systems to prevent their recurrence;

(b) subject the transporter concerned to additional checks, in particular requiring the presence of a veterinarian at loading of the animals;

(c) suspend or withdraw the authorisation of the transporter or the certificate of approval of the means of transport concerned.

5. In the case of infringement of this Regulation by a driver or attendant holding a certificate of competence as provided for in Article 17(2), the competent authority may suspend or withdraw the certificate of competence, in particular if the infringement shows that the driver or attendant lacks sufficient knowledge or awareness to transport animals in compliance with this Regulation.

6. In the case of repeated or serious infringements of this Regulation, a Member State may temporarily prohibit the transporter or means of transport concerned from transporting animals on its territory, even if the transporter or the means of transport is authorised by another Member State, provided that all the possibilities afforded by mutual assistance and exchange of information as provided for in Article 24 have been exhausted.

7. Member States shall ensure that all the contact points as provided for in Article 24(2) are notified without delay of any decision taken under paragraph 4(c), or paragraphs 5 or 6 of this Article.