IRImplementing rule
1.5Can Member States adopt rules in areas covered by Regulation 376/2014?
1.5 Can Member States adopt rules in areas covered by Regulation 376/2014? Regulation 376/2014 is different from Directive 2003/42 it replaces as it is directly applicable in the Member States as national law, whereas the Directive was requiring national transposition measures. Same applies to its implementing rules.
| Key principle Regulation 376/2014 and Regulation 2015/1018 do not require the adoption of national transposition legislation. |
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This does not mean that the Member States cannot take implementing measures. They must do so if required by the Regulation.
| Example: Article 6(3) requests each Member State to ‘‘designate one or more competent authorities to establish a mechanism to independently collect, evaluate, process, analyse and store details of occurrences reported pursuant to Articles 4 and 5’’. In this case, as well as in similar situations where States are required to adopt measures, each Member State shall adopt relevant implementing measures. |
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IR — Regulation (EU) No 376/2014 · GM to Reg. (EU) No 376/2014 and its IRs · Occurrence Reporting Easy Access Rules · EAR revision 27 Sep 2023