Guide to the implementation of directives based on the New ...

❝ Introduction ❞
Table 1/1 • Adoption <strong>of</strong> <strong>directives</strong> according <strong>to</strong> Article 251 <strong>of</strong> <strong>the</strong> EC Treaty •
The Commission
makes a proposal.
The Council
after obtaining
<strong>the</strong> opinion <strong>of</strong> <strong>the</strong>
European Parliament
and <strong>the</strong> Economic
and Social Committee
adopts a common position
by a qualified majority.
The European Parliament
(within three months)
approves or does
not take a decision.
proposes amendments.
rejects.
The act is
adopted by
<strong>the</strong> Council.
The Council adopts
all <strong>the</strong> amendments
and <strong>the</strong> act.
The Council convenes
a meeting <strong>of</strong> <strong>the</strong>
conciliation committee.
The Council can convene
<strong>the</strong> conciliation committee
<strong>to</strong> explain its position.
The conciliation committee
approves a joint text.
The conciliation committee
does not approve
a joint text.
The European Parliament
confirms its rejection <strong>of</strong> <strong>the</strong>
common position
by an absolute majority.
If <strong>the</strong> joint text is adopted
by <strong>the</strong> European Parliament
and <strong>the</strong> Council
The act is
not adopted.
The Council can confirm
<strong>the</strong> common position
by an absolute majority.
The act is
not adopted.
<strong>the</strong> act is adopted.
The act is adopted, unless
<strong>the</strong> European Parliament
by an absolute majority
rejects <strong>the</strong> common
position in <strong>the</strong> last resort.
lation. Fur<strong>the</strong>r, Member States are, as a
general rule, not allowed <strong>to</strong> maintain or
introduce more stringent measures than
● New Approach <strong>directives</strong> are <strong>to</strong>tal harmonisation <strong>directives</strong>:
<strong>the</strong> provisions <strong>of</strong> <strong>the</strong>se <strong>directives</strong> supersede all corre-
foreseen in <strong>the</strong> directive, as is <strong>the</strong> case for
<strong>directives</strong> adopted according <strong>to</strong> Article 138
sponding national provisions.
<strong>of</strong> <strong>the</strong> EC Treaty (<strong>directives</strong> aiming <strong>to</strong>
● New Approach <strong>directives</strong> are addressed <strong>to</strong> <strong>the</strong> Member
improve <strong>the</strong> health and safety <strong>of</strong> workers,
States, which have an obligation <strong>to</strong> transpose <strong>the</strong>m in<strong>to</strong> <strong>the</strong>ir
especially, in <strong>the</strong> working environment) ( 8 ).
national legislation as appropriate.
Directives are, according <strong>to</strong> Article 249
● National laws, regulations or administrative provisions, <strong>of</strong> <strong>the</strong> EC Treaty, binding on <strong>the</strong> Member
which transpose <strong>the</strong> directive, shall contain a reference <strong>to</strong> <strong>the</strong> States as <strong>to</strong> <strong>the</strong> result <strong>to</strong> be achieved, but
directive in question or shall be accompanied by such a reference
on <strong>the</strong> occasion <strong>of</strong> <strong>the</strong>ir <strong>of</strong>ficial publication.
Case law <strong>of</strong> <strong>the</strong> European Court <strong>of</strong> Justice
<strong>the</strong> choice <strong>of</strong> form and method is <strong>the</strong>ir own.
has clarified <strong>the</strong> contents <strong>of</strong> this obligation
● National laws, regulations or administrative provisions,
and <strong>the</strong> possible measures <strong>to</strong> be taken
which are adopted and published in order <strong>to</strong> transpose a
where a non-compliance can be established
( 9 ).
directive, must be communicated <strong>to</strong> <strong>the</strong> Commission.
It is up <strong>to</strong> <strong>the</strong> Member States <strong>to</strong> decide
New Approach <strong>directives</strong> approximate <strong>the</strong> laws <strong>of</strong> Member
which measures should be adopted and
States in order <strong>to</strong> remove barriers <strong>to</strong> trade. Since New published in order <strong>to</strong> comply with a directive. However,
Approach <strong>directives</strong> are <strong>to</strong>tal harmonisation <strong>directives</strong>, Member States must take appropriate implementing measures
<strong>to</strong> transpose <strong>the</strong> directive in a way that fully meets Member States must repeal all contradic<strong>to</strong>ry national legis-
<strong>the</strong>
1.4. Transposition <strong>of</strong> New Approach <strong>directives</strong>
( 8 ) As an exception,
additional national
provisions in areas
covered by New
Approach <strong>directives</strong>
may be acceptable in
accordance with
Articles 28 and 30 <strong>of</strong>
<strong>the</strong> EC Treaty (see
Section 1.2).
( 9 ) Judgement <strong>of</strong> <strong>the</strong>
Court: cases C-102/79,
C-30/81, C-34/81,
C-102/79, C-29/84,
C-178/84, C-179/84,
C-188/84, C-190/84,
C-392/93, C-46/93,
C-48/93 and C-66/95.
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