The European Commission aims to strengthen the competitiveness of the European economy and simplify rules. To this end, the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) has launched a survey, inviting stakeholders to identify cases of national over-fulfilment of EU law. The German Chamber of Commerce and Industry has participated, highlighting a range of legal acts where German implementation exceeds European requirements – with tangible impacts on everyday business operations.
Background
Member States are required to implement EU law effectively and transparently. However, in Germany, this sometimes results in an over-fulfilment of EU directives – "Gold-Plating". This occurs when Member States go beyond European requirements in the implementation or application of EU law, even though it is not necessary for compliance. Examples include stricter national standards, additional administrative and approval procedures, especially strict interpretation of regulations or intensified control measures. As a result, the practical burden of EU regulation often varies from state to state. Against this backdrop, the Directorate-General GROW opened a survey until 15 September 2026 to collect examples of Gold-Plating. The German Chamber of Commerce and Industry has gathered 20 examples from various legal areas – ranging from data protection to energy efficiency to packaging law.
The Essentials at a Glance
- In Germany, EU Directives are implemented more strictly in several areas than European law requires.
- This results in additional reporting and documentation requirements, higher costs, and more bureaucracy for businesses.
- Areas affected include data protection, energy efficiency, cybersecurity, consumer rights, and tax law.
- Common patterns include an extended scope, stricter thresholds and deadlines, as well as additional national obligations.
- Such tightening measures can negatively impact the competitiveness of German companies compared to businesses in other EU countries.
DIHK Position
- EU legislation should generally be implemented without excessive national tightening or additions.
- The scope of national regulations should align with European requirements rather than extending to additional business groups – such as the need to appoint data protection officers (§ 38 Federal Data Protection Act) or dynamic electricity tariffs for small providers (§ 41a Energy Industry Act).
- Threshold values and deadlines should follow the EU minimum requirements – for example, regarding obligations for energy audits and energy management systems under the Energy Efficiency Act.
- Additional national proof and documentation requirements should be limited to the necessary level and coordinated with existing regulations to avoid duplication.
- The legislator should examine whether regulations that are no longer stipulated by an EU regulation can be abolished – such as the declaration of completeness in packaging law (§ 10 Packaging Act).
- In future implementation of EU law, it should be consistently assessed whether national additions are actually necessary.
FAQ
What does "Gold-Plating" specifically mean?
The term describes the situation in which a Member State, when transposing EU law, introduces stricter or additional rules than required by the European directive. This creates costs and efforts for companies that are not necessary to comply with EU law.
Why is this relevant for my company?
If your company operates in multiple EU states, or competes with businesses from other Member States, stricter German rules could put you at a disadvantage. Even purely national companies face additional administrative burdens, such as further reporting or proof obligations.
Does Gold-Plating apply to EU Regulations as well?
Regulations apply directly and leave less room for interpretation than directives. Therefore, the term Gold-Plating is only partially applicable here. However, there are cases where national rules exceed a regulation or outdated obligations remain in place – for instance, in data protection or packaging laws.
What happens to the collected examples?
The European Commission evaluates the feedback as part of its simplification agenda. These serve as a basis to identify burdens and strengthen the competitiveness of the European economy.
Download
- Download
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DIHK-Stellungnahme: EU-Umfrage unter Interessenträgern zum Thema Überregulierung (Gold-Plating)
- Information
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File format: PDF (accessible)
File size: 416 KB
Status of: November 2026
Page count: 9 pages
(only available in German)
It has been translated with the assistance of AI.
No guarantee is made as to the accuracy or completeness of the translation.
Released 15.09.2026
Modified 02.11.2026
Contact
Sandra Zwick
Director European Policy and EU Foreign Trade Promotion