Commission asks member states for information on national requirements that complicate the application of EU rules

The European Commission has sent the Member States a questionnaire on additional requirements introduced when applying EU legislation and is preparing a set of best practices for identifying and preventing them. Commissioner Valdis Dombrovskis also announced in the European Parliament a consultation of stakeholders, as part of an effort aimed at reducing the administrative costs borne particularly by small businesses.

In briefThe Commission is collecting information on national practices in order to prepare tools for identifying and preventing additional requirements. Dombrovskis did not announce a precise deadline for their publication.

The analysis of national barriers במסגרת the European Semester will be deepened in 2027. The Commission also intends to use cooperation mechanisms for enforcing single market rules.

Infringement procedures are reserved for violations of EU law. Eliminating additional burdens that remain legal depends on the participation of the Member States.

The practice concerned, known as gold-plating, occurs when a state extends the scope of a European rule, introduces stricter obligations, or uses more burdensome procedures than necessary. For a company operating in several countries, the differences may mean distinct requirements to comply with from one market to another. Dombrovskis warned that these costs may discourage cross-border activity, with small businesses having less capacity to absorb them.

The questionnaire sent to governments seeks to gather information on national approaches. The responses, together with the stakeholder consultation, represent a first step in preparing the set of best practices. The Commission also wants to identify problems through the dialogues on the application of legislation organized by commissioners. These meetings are part of the mechanism through which the Commission collects the practical experience of those who must comply with European rules.

Dombrovskis identified the European Semester, the Single Market Enforcement Taskforce, and national single market representatives as channels for identifying and tracking barriers. According to the commissioner, the spring package and the recommendations addressed to states in 2026 already include several references to such obstacles. The analysis will be deepened next year.

The legal limit of the initiative is essential. Some additional requirements contravene EU law, and the Commission can intervene through infringement procedures. Others reflect national choices permitted by European legislation. Dombrovskis explicitly acknowledged this difference and pointed out that reducing the burdens in the second category depends on cooperation among the states. The announcement does not introduce a general ban on stricter national standards.

The Commission also seeks to prevent such differences when drafting legislative proposals. The options mentioned include using regulations instead of directives where appropriate and formulating rules that leave less room for additional requirements. Dombrovskis emphasized that Parliament and the Council also have a role in the final form of the legislation.

On behalf of the Irish presidency of the Council, Thomas Byrne supported the preparation of the set of best practices, warning that simplification agreed at European level may be undermined if obligations reappear during national implementation. He recalled that reducing burdens must preserve predictability, the objectives of European policies, and high standards.

The initiative continues the plan presented by the Commission in April 2026 for clearer, simpler, and better-enforced European rules. It includes supporting states in identifying unnecessary complexity created by national requirements that are stricter or broader than the European ones. The questionnaire and the tools under preparation represent steps toward implementing that plan; the concrete elimination of an obligation will depend on its legal nature and on the measures taken subsequently.

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