Article 44 – Transposition

Article 44 – Transposition

1) Member States shall take the necessary measures to comply with this Directive [by two years after the entry into force] with the exception of the provisions necessary to comply with Article 38 which shall be adopted and published [by four years after the entry into force]. They shall immediately inform the Commission thereof.

2) When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

3) Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

COMMENTARY – Article 44

The European Commission has proposed amendments to the final provisions of the Directive. They include changes to reporting, and review and entry into force. VSE amendments align with the Commission’s on Entry into force, and include some of the Commission’s language on reporting.

Assessing the Directive’s practical implementation is fundamental to evaluating results and the implementation of rights. The Directive should consequently include robust and detailed provisions that require regular and specific reporting and communications on transpositions between Member States and the EU.