Chapter XI, delegated acts, implementing powers and final provisions
Article 35: Addressees
Article 35 names the member states as the addressees, which is why the operative duties on businesses arrive through national transposition.
- Citation
- Article 35, CELEX 32019L0882 (Directive)
- Binds
- The member states of the European Union.
- In the instrument
- Chapter XI, delegated acts, implementing powers and final provisions
- Applies from
- 28 June 2025 for products placed and services provided from that date (Article 31(2)). The Article 4(8) 112 duty may be deferred to 28 June 2027 where a member state uses Article 31(3).
- Source
- EUR-Lex, CELEX 32019L0882
What it requires
Article 35 addresses the Directive to the member states. That is the formal reason why an operator's duty is found in a national instrument, even though the requirement set and the dates come from the Directive.
The practical consequence is a two-document reading habit: the Directive tells you what the requirement is and when it applies; the national measure tells you the penalty, the authority, the language requirements and any option the member state took, such as the Article 4(4) built-environment decision or the Article 32(2) terminal transition.
A compliance file that cites only the Directive can miss a national option. A file that cites only the national measure can miss an Annex requirement that the national text cross-refers to rather than repeats.
In practice
For each market, keep a one-page options note. It should say whether the member state used the Article 4(4) built-environment option, whether it used the Article 31(3) 112 derogation, and whether it used the Article 32(2) terminal transition. Those three answers change the local work plan more than any other national choice.
What to do
- Read the Directive and the national transposition measure together for each market.
- Record which options the member state exercised.
- Cite both instruments in the file.
Evidence to keep
- The national measure and the Directive in one file index.
- A member state options note covering Articles 4(4), 31(3) and 32(2).
- The local-language version of the declaration where required.
Dates
- 2025-06-28The national measures apply from this date. (Article 31(2))
Cross-references
Where teams get this wrong
The Directive is addressed to member states, so it cannot be pleaded as the direct source of a penalty or an authority power. The national measure is where those live.
Read from the Official Journal text of Directive (EU) 2019/882, OJ L 151/70, 7 June 2019, Article 35. Check it yourself: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019L0882. This page states the provision in our own words and is not legal advice; it does not certify any product or service.