shall mean an obstacle to the free movement of goods among Member States which is attributable to a Member State, whether it involves action or inaction on its part, which may constitute a breach of Articles 30 to 36 of the Treaty and which:
2.Where paragraph 1 of this Article applies, obligations arising from this Regulation prior to the activation of the internal market emergency mode in accordance with Regulation (EU) 2024/2747 remain unaffected.