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WEEE/RoHS Workshop

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Directive vs. Regulation<br />

A Directive needs to be transposed into national law.<br />

A Directive leaves Member States margin for maneuver on how to achieve<br />

a set goal.<br />

A Regulation is directly applicable.<br />

Only under very specific circumstances can a citizen derive rights from a<br />

Directive which has not (yet) been transposed into national law.<br />

A Regulation is used for highly technical issues where differences are not<br />

desirable (eg. REACH proposal).<br />

A Directive leaves room for national political choices (Treaty principle of<br />

subsidiarity).<br />

WHITE & CASE LLP

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