transposition process romania

8/12/2019 Transposition Process Romania

1/70

Acquis Communautaire

Community acquis

Applicant countries must adopt,

implement and enforceall the acquis

before they can join.As well as changing national laws, this oftenmeans they must set up or change the

necessary administrative or judicial bodieswhich oversee the legislation.

For enlargement negotiations, the acquis hasbeen divided into chapters, each of whichmust be "closed" by the candidates.
http://news.bbc.co.uk/2/hi/europe/3595155.stmhttp://news.bbc.co.uk/2/hi/europe/3595155.stm


2/70

Chapters of the Acquis

During the process of the enlargement ofthe EU, the acquis was divided into 31

chaptersfor the purpose of negotiationbetween the EU and the candidatemember states for the fifth enlargement

(the ten that joined in 2004 plus Romaniaen Bulgaria that joined in 2007).

These chapters were:


3/70

Free movement of goods

Free movement of persons

Freedom to provide servicesFree movement of capital

Company law

Competition policy

Agriculture

Fisheries

Transport policy
http://en.wikipedia.org/wiki/Free_movement_of_goodshttp://en.wikipedia.org/wiki/Free_movement_of_personshttp://en.wikipedia.org/wiki/Freedom_to_provide_serviceshttp://en.wikipedia.org/wiki/Free_movement_of_capitalhttp://en.wikipedia.org/wiki/Competition_policyhttp://en.wikipedia.org/wiki/Fisheryhttp://en.wikipedia.org/wiki/Fisheryhttp://en.wikipedia.org/wiki/Competition_policyhttp://en.wikipedia.org/wiki/Free_movement_of_capitalhttp://en.wikipedia.org/wiki/Freedom_to_provide_serviceshttp://en.wikipedia.org/wiki/Free_movement_of_personshttp://en.wikipedia.org/wiki/Free_movement_of_goods


4/70


5/70

Regional policy and coordination of structuralinstruments

Environment Consumers and health protection

Cooperation in the field of Justice and home affaires Customs union External relations Common Foreign and Security Policy(CFSP) Financial control Financial and budgetary provisions Institutions Others
http://en.wikipedia.org/wiki/Common_Foreign_and_Security_Policyhttp://en.wikipedia.org/wiki/Common_Foreign_and_Security_Policy


6/70

For the negotiations with Croatia andTurky, the acquis was split up into 35

chapters instead, with the purpose of

better balancing between the chapters:dividing the most difficult ones into

separate chapters for easier negotiation,

uniting some easier chapters, movingsome policies between chapters, as well

as renaming a few of them in the process.


7/70

Any country seeking membership of the European Union(EU) must conform to the conditions set out by Article 49and the principles laid down in Article 6(1) of the Treatyon European Union. Relevant criteria were establishedby the Copenhagen European Council in 1993 and

strengthened by the Madrid European Council in 1995. To join the EU, a new Member State must meet three

criteria:

political: stability of institutions guaranteeing democracy,the rule of law, human rights and respect for and

protection of minorities; economic: existence of a functioning market economy

and the capacity to cope with competitive pressure andmarket forces within the Union;


8/70

acceptance of the Community acquis:ability to take on the obligations of membership,including adherence to the aims of political,economic and monetary union.

For the European Council to decide to opennegotiations, the political criterion must besatisfied.

Any country that wishes to join the Union must

meet the accession criteria. The pre-accessionstrategy and accession negotiations provide thenecessary framework and instruments.


9/70

Transposition process of

the Community acquis intothe Romanian legislation

Starting with the accession date, in its qualityof EU member state, Romania has the

obligation of correct and completetransposition and implementation of theCommunity acquis.


10/70

The Romanian Government has the mostimportant role in the context of transposing

the Community Directives.


11/70

RO: DEA

Department for European Affairs

The Department for European Affairscoordinates:

the elaboration of policies in the field of

European affairs;

the Strategies on European issues; the implementation of the the communityacquis;

Romanias positions in the pre-contentious andcontentious procedures at European level.


12/70

Taking into account the new statute ofRomania and also the recent initiatives at

the Community level (such as Better

Regulation or the Package "Single MarketReview"), the correct and completetransposition of the Community Directives

represents a top priority amongst theactions taken by the Romanian

Government.(DEA)


13/70

Starting with the draft stageof aCommunity Directive, the governmental

institutions, which have competencies in

the field relevant for the respectivenormative act, have to take part in the

debates within the Community institutions.


14/70

These governmental institutions are thefactors which must assume the

transposition of the community directives

at the time they enter into force.


15/70

The Romanian Government has the mostimportant role in the context of transposing

the Community Directives.


16/70

The following general rulesmay bementioned in relation to the proper

transposition process:

>


17/70

1) the institution which has an essentialrole in editing the transposition acts is the

Government;


18/70

2) the directives are transposed throughnormativeacts(laws, Government

ordinances or Government urgency

ordinances which must be approvedthrough laws of the Parliament,

Government decisions, orders,

instructions, norms etc., issued byministries and other specialized bodies of

the central public administration).


19/70

3) the transposition is accomplishedthrough normative actswhich, by their

very nature, should have a legal stability

(this is the reason why there is apreference for laws, Government

ordinances, Government urgency

ordinances, Government decisions)


20/70

The Department for European Affairs(DEA)within the Romanian Government is

the institution which coordinates the

European Affairs in Romania.

http://www.dae.gov.ro/index.php?lang=en


21/70

Thus, when the directives enter into force, DEAensures that the institutions assume thetransposition of directives, that there is continuityduring the transposition process(the national

institution which takes part in the debates on thedraft of the community act must be also theinstitution which accomplishes the transpositionprocess), and that transposition and notificationdeadlines are observed.

Periodically,the Department for EuropeanAffairs presents notes and memos to theGovernment on this topic.


22/70

After assuming the transposition of acertain directive related to its competence

field, the institution involved starts the

elaboration of the transposing act/acts.


23/70

According to the provisions of the art.25 ofthe Government Decision no.1226/2007,

the institution elaborating a transposing

normative act has the obligation ofconsulting the Department for European

Affairs on the concordance between the

elaborated act and the communitylegislation.


24/70

In the same time, according to its normative actof organization and functioning, respectively theGovernment Urgency Ordinance no.133/2006(published in the Official Gazette of Romania

no.1042 on December the 28th, 2006), with thesubsequent modifications and completions, it iscompulsory for DEA to decide on the drafts ofnormative acts which have the goal oftransposing the community normative acts into

national legislation.This attribution is alsostipulated by the art.33 of the Governmentdecision no.1226/2007.


25/70

Also, according to the Government UrgencyOrdinance no.133/2006, the Department for

European Affairs examines, from the perspective

concerning the concordance with the communityregulations, at the request of the Department for

the relation with the Parliament within the

Government, the legislative proposals of the

Parliament members, in order to draw up theGovernment's standpoint on them.


26/70

In order to be accepted for analysis within thespecialized directions of the Departmentfor

European Affairs, the file of a draft of normative

act transposing a directive must include: the instrument of presentation and motivation,

the draft of national normative act, the table of

concordancebetween the national act and the

transposed community act.


27/70

The instrument of presentation andmotivation must be edited in conformitywith the provisions of the Government

Decision no.1361/2006 regarding thecontent of the presentation and motivationinstrument of the drafts of normative actssubmitted to the Government approval

(published in the Official Gazette ofRomania no.843 from October the 12th,2006).


28/70

According to the Law no.24/2000 on the norms oflegislative technique for the elaboration of normativeacts, republished in the Official Gazette of Romania no.453 from July the 4th , 2007,

the initiators of drafts of normative acts have theobligation of including, within the content of thepresentation and motivation documents of the drafts,clear mentions concerning the name of the consideredcommunity regulations, their dispositions transposed

within the content of the respective drafts, indicating alsothe future implementing measures.


29/70

Once drawn up, the draft of normative acttransposing the community act will be

compulsorily accompaniedduring the

legislative process by the table ofconcordance. This obligation is stipulated

clearly on art.38 of the Government

Decision no.1226/2007.


30/70

In order to ensure the fact that theprovisions of a national normative act arefully in concordance with the transposed

community provisions and in order toavoid the insert of some provisionsincompatible withthe acquis after giving itsfavorable opinion, the Department for

European Affair is the last institution togive its opinion on the draft, before theMinistry of Justice.


31/70

In addition, according to art.43 (1) of theLaw no.24/2000, republished, the initiatorsof the drafts of normative acts which are

submitted to compulsory opinion anddirectly transpose community norms intonational law, must introduce in therespective draft, after the dispositions'

part, a mention pointingout clearly thecommunity act transposed or taken over,for example: >


32/70

"The present (the type of normative actmust be mentioned) transposes the

Directive no. ___/___ regarding ______,

published in the Official Journal of the

European Union (OJ) nr.

______/______".


33/70

When a community act is transposed onlypartiallyby the national legislation throughthe draft of normative act, by the mentions

presented above the initiator will specifywhich articles/sections etc. of therespective community act are really takenover, as well as any other relevant

information meant to ensure a clear imageon the transposition process of thecommunity act.


34/70

It must be also mentioned that theinitiating public authorities have the

obligation to complywith the procedural

rules which are to be applied in order toensure the transparency of decisional

process, stipulated by the Law no.

52/2003 on decisional transparency inpublic administration.


35/70

In the same time, DEA is the singlecontact point for the electronic notification

process of the national legislation

transposing the Community acquis to theEuropean Commission, being the sole

institution which communicates to the

European Commission the nationalexecution measures.


36/70

Notification of national regulations adopted for

the transposition of directivesinto a MSs legal order

The notification of nationalregulations adopted for thetransposition of a Directive into

MSs legal order means aprocedure during which the MSofficially notifies the European

Commission about nationalregulations adopted in order toensure the transposition ofDirectives into MSs legal order.


37/70

Notification.

The obligation for this notification is baseddirectly on the provisions of Directives, asstated by the following example:

Member States shall bring into force the laws,regulations and administrative provisions necessary tocomply with this Directive by (31 December 2008) at thelatest. They shall forthwith communicate to theCommission the text of those provisions and acorrelation table between those provisions and thisDirective.


38/70

Notification..

Initially, Member States informed the EuropeanCommission about the adopted national regulations inwriting, by post.

However, in order to ensure more efficient and, aboveall, timely notification of national regulations adopted forthe transposition of Directives, the EuropeanCommission set up an electronic notification base (calledNIM), the aim of which is to facilitate official notification

of national implementing measures to the Secretariat-General of the European Commission.


39/70

Notification

Only officially adopted and legally established measurescan be reported as national implementing measuresabout which a Member State is notifying the Commission

in relation to the transposition of a Directive into thenational legislation.

All the information contained in the electronic form usedfor reporting about these measures is synchronised by

ASMODEE, i.e. a management database used by the

European Commission services for confirming thereports and the measures conveyed by each MemberState.


40/70

Notification.

Access to the base is possible at theinternet address

https://webgate.ec.europa.eu/mne.

A user name and password is required.
https://webgate.ec.europa.eu/mnehttps://webgate.ec.europa.eu/mne


41/70

NIM

Notificacin de medidas nacionales de ejecucin ( MNE )Oznmen nrodnch provdcch opaten ( NPO )Anmeldelse af nationale gennemfrelsesforanstaltninger ( NGB )Mitteilung von einzelstaatlichen Durchfhrungsmanahmen ( EDM )Teatis siseriiklike rakendusmeetmete kohta Notification of National Execution Measures ( NEM )Notification des Mesures Nationales d'Excution ( MNE )

Comunicazione di misure nazionali dattuazione ( MNA )Valsts izpildes paskumu pazioanaNacionalini gyvendinimo priemoni (NP) notifikavimasNemzeti vgrehajtsi intzkedsek bejelentse (NVI)Notifikazzjonu tal-Miuri Esekuttivi Nazzjonali ( MEN )Mededeling van nationale uitvoeringsmaatregelen ( NUM )Notyfikacja Krajowych rodkw Wykonawczych ( KW )Notificao de Medidas Nacionais de Execuo ( MNE )

Notifikcia nrodnch vkonnch opatren ( NVO )Notifikacija nacionalnih izvedbenih ukrepovIlmoitus kansallisista tytntnpanotoimista

Anmlan av nationella genomfrandebestmmelser ( )Notificarea Msurilor Naionale de Executare ( MNE )

Login :Password :


42/70

DEA carries on the following actions:

>


43/70

- coordinatesthe inter-ministerial networkcreated in order to accomplish the

obligation of notification;


44/70

- identifies, for each directive, therelevant institutions for elaborating the

national transposing measures;


45/70

- monitors the stepstaken by thenational competent institutions in the

context of entire transposition and

notification, in order to take into account,as much as possible, the transposition

deadlines;


46/70

- verifies the documents necessary for thenotification of the national transposing measuresof the directives, the documents sent by theinstitutions with competencies in elaborating

these measures (for each directive, the OfficialGazettes of Romania in which the nationaltransposing measures are published (.pdfelectronic format) and, if possible, the

concordance table between the communitydirective and the national transposing measure(wordelectronic format));


47/70

- declares the type of transpositions(entire or partial) after consulting the

national institutions responsible for the

transposition of directives;


48/70

- accomplishes the proper notificationof the national transposing measures by

introducing them into the data base of the

General Secretariat of EuropeanCommission;


49/70

coordinates the activity of elaboratingRomania's answersto the requests of the

European Commission regarding clear

information on the transposition andnotification process of community

directives and sends these answers to the

Commission;


50/70

- draws up statistics in the activityfield.


51/70

In order to carry on a continuous andefficient monitoring process concerning

the obligation of transposition and

notification of the community directives, acentralized monitoring mechanism was

created within the Department for

European Affairs.


52/70


53/70

For an efficient monitoring of the measures inthe Programme, the institutions assumingresponsibility for the achievement of therespective measures provide DEA with

information about their progress. Suchinformation must be presented every monthwithin the Government meetings. Thisprogramme determine institutions to take intoaccount some clear deadlines, given Romania's

vital interest to respond properly and in due timeto the Commission's formal letters, in order toavoid the start of the infringement procedures.


54/70

In the same context, from the verybeginning of the notificationprocess

Romania has sent to the EC the national

transposing normative acts together withthe concordance tables. (Dea)


55/70

Also, the verifications carried on by theexperts of DEA, at the time of the

notification process to the Commission for

each transposing act, became anadditional tool for ensuring the full

concordance between the national and the

community legislative framework.


56/70


57/70

Regarding the monitoring process of theimplementation of the Community acquis,

the European Commission prepares,

every two months, a report about thedegree of legislative harmonization in the

Member States.


58/70

In its report from April 7th, 2008, theEuropean Commission have reached theconclusion that out of 1764 community

directives in force at the moment,Romania has only 17 directives left tonotify. That means that our country holdsthe 10th place in Europe in this matter,

placing itself above the European average. See file


59/70

All this information is available on the web pageof the European Commission at the followinglinks:

http://ec.europe.eu/community_law/index_en.htmandhttp://ec.europa.eu/community_law/directives/directives_communication_en.htm

See tables
http://ec.europe.eu/community_law/index_en.htmhttp://ec.europe.eu/community_law/index_en.htmhttp://ec.europa.eu/community_law/directives/directives_communication_en.htmhttp://ec.europa.eu/community_law/directives/directives_communication_en.htmhttp://ec.europa.eu/community_law/directives/directives_communication_en.htmhttp://ec.europa.eu/community_law/directives/directives_communication_en.htmhttp://ec.europe.eu/community_law/index_en.htmhttp://ec.europe.eu/community_law/index_en.htm


60/70

Community Regulations

Unlike the Directives, the CommunityRegulations are not to be transposed into

national legal acts,as they have a direct

effect into the legal order of each MemberState, from the moment of their entering

into force.


61/70

Community Regulations.

Taking into consideration that no nationallegislative measures of transposition must

be adopted, in such situations, these

Regulations must be assumed by eachinstitution in Romania with responsibilities

in their application.


62/70

Community regulation..

In the same time, besides the commitment ofimplementing the Regulations in their field ofcompetence, the institutions must assess eachsuch community act, as well as the Romanian

normative acts relevant for the respective field,and, as a result of the assessment process, theinstitution responsible for creating the nationallegislative framework necessary for the direct

application of EU Regulations on the Romanianterritory must take the following steps,

depending on the circumstances:


63/70

Community regulation

- to correspondingly repeal or modify theprovisions of national acts which overlap,

infringe or impermissible add to the

community Regulations, in order to avoidparallelisms, violations or obstacles in the

way of their direct application;


64/70

Community regulation

- to initiate/adopt the necessary legislativeor administrative measuresin order to

grant the direct application of the

European Regulations in the national legalorder.


65/70

Community regulation.

Also, even if the Regulations are directly applied,the Member State has the responsibility ofassuring their legal implementation framework.When the Member State assures a faulty legal

framework making impossible the application ofthe Community acquis or does not assure theefficient implementation of the legal provisions inthe field, the European Commission may

proceed with the procedures for non-compliancewith the obligations following from the Treatyestablishing the European Community.


66/70

The European Commission is monitoringthe harmonizationprocess between the

national legislation and the Community

acquis, thus, assessing the application ofCommunity law as it is transposed (when

referring to directives) or implemented

(when referring to regulations), in theMember States.


67/70

Considering the hypothesisin which theEuropean Commission decides to proceed toactions against Romania for non-compliancewith its obligation of transposing the community

directives, the Department for European Affairs,through its Governmental Agent for theEuropean Court of Justice and the Court of FirstInstance,is the structure which elaborates andsends to the European Commission Romania's

position concerning the "mise en demeure"letters and the "avis motiv" sent by theCommission.


68/70

Also, DEA, by its Governmental Agent forthe European Court of Justice and the

Court of First Instance, is the institution,

which ensures Romania's representationduring the contentious stage of the

procedures startedfor non-compliance

with the obligations in its quality of EUmember state.


69/70


70/70

transposition process romania

Documents