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How should CaT be used when the implementation measures are not expressly listed in the European legislation?

CaT uses the 'decisive label' to identify provision where implementation measures are requested by the European legislation. Indeed, precise implementation measures are normally not defined by the European legislation and depend on internal decisions of the responsible Member State. The protocole of the coordinating authorities may authorise ‘executive measures’ which are not directly dependant on the labelled provisions of the Directive. Such labels may concern the enforcement of penalties, civil damages, administrative measures, advertising, training programmes... In most cases, it appears preferable not to define in the transposing text who is the authority responsible for the implementation and to let this autority define the the implementing measures.

 



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