Art. 26 Transposition | CER directive | CER

This is the transposition article, setting out the obligations on Member States to bring the Directive into national law.

It establishes clear deadlines for adoption, publication, and application of the necessary national measures, and requires that those measures explicitly reference this Directive when published.

It connects directly to the broader framework of the act by determining when and how the rules contained throughout the Directive become binding at the national level.

Important points:

Member States are required to adopt and publish the national measures necessary to comply with this Directive by 17 October 2024, and to immediately inform the Commission.
Member States must apply those measures from 18 October 2024.
Any national measures adopted must contain a reference to this Directive upon their official publication, with Member States determining the method of doing so.

Since the objectives of this Directive, namely to ensure that services essential for the maintenance of vital societal functions or economic activities are provided in an unobstructed manner in the internal market and to enhance the resilience of critical entities providing such services, cannot be sufficiently achieved by the Member States, but can rather, by reason of the effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article 5, this Directive does not go beyond what is necessary in order to achieve those objectives.

Article 26 Transposition

Relevant recitals