Recital 38

(38) For national measures which are not harmonised under this Regulation and which affect, when adopted and applied in response to an internal market emergency, the free movement of goods or persons, or the freedom to provide services during internal market emergencies, Member States should ensure that such measures fully comply with the TFEU and other provisions of Union law such as Regulation (EU) No 492/2011 of the European Parliament and of the Council (17), and Directives 2004/38/EC (18), 2005/36/EC (19), 2006/123/EC (20) and (EU) 2015/1535 (21) of the European Parliament and of the Council. If Member States adopt such measures, they should be justified and respect the principles of proportionality and non-discrimination in accordance with Union law.Furthermore, in line with those principles, such measures should not create an unnecessary administrative burden and Member States should take all possible measures to limit any administrative burden caused by measures adopted in response to an internal market emergency. In addition, any such measures should adequately take into account the situation of border regions and outermost regions, especially for cross-border workers. Member States should remove measures taken to respond to an internal market emergency that restrict free movement as soon as they are no longer necessary. In general, national measures restricting free movement which are not harmonised under this Regulation would be in principle no longer justified or proportionate when the internal market emergency mode is deactivated and should therefore be removed.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-27 · Text as adopted (Official Journal); later amendments are not incorporated in this text.