S.L. 439.13 Art. 4National measures.

(1) When the Department opts to maintain national laws and regulations aimed at ensuring more extensive protection of animals falling within the scope these regulations, it shall not prohibit or impede the supply or use of animals bred or kept in another Member State in accordance with these regulations, nor shall it prohibit or impede the placing on the market of products developed with the use of such animals in accordance with these regulations, provided that such supply, use or breeding of animals do not breach any other national laws regarding any prohibitions to intra-Community trade, or any other Community laws or regulations intended for the safeguarding and protection of human and animal health.

(2) The Department shall apply all such necessary administrative measures according to the requirements of these regulations to ensure that there is no breach thereto, and also to reduce the risk for final consumers and any additional risk to animals and to the environment. Such measures shall be in conformity with the requirements of the food chain and animal health.

(3) These measures shall include the direct confiscation of the product, the suspension of the activities carried out by the breeder, supplier or user of animals, being primarily responsible for animal welfare, and the withdrawal, forfeiture or suspension of the authorisation, licence or permit with regard to such activities when these are creating a risk to final consumers and to the environment. The application of administrative fines and effective and dissuasive penalties in terms of articles 45 and 47 of the Act shall also apply in this regard.