d1e2157-1-1__para__3

Anticipated application of EU harmonised rules, i.e. when Member States adopt binding implementing legislation prior to the harmonised deadlines, in particular if such provisions require implementing measures to be first adopted at EU level, constitutes a breach of the principle of sincere cooperation enshrined in Article 4(3) TEU and of Article 288 TFEU which sets out the principle of direct applicability of regulations. Such anticipation of national legislation, which might be allowed by the existing legal framework (PPWD, Treaty) will have to be repealed at the latest by the entry into force of the harmonised provisions and already be in line with the margin of discretion as provided in specific provisions of the Regulation.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.