Page 122 - Секретаријат за законодавство
P. 122

In this column only the numeral of the provision of the national legal
                 act in which transposition is made is entered whereas it is clearly indi-
                 cated that the transposing refers to exact article or exact parts thereof
                 (paragraph, point and/or indents).

                 5. Article of the national legal act

                 In this column the text of the provision of the national legal act wherein
                 the given provision of the EU legal act was transposed is quoted, where-
                 upon its content should correspond to the content of the EU legal act.

                 Note: When transposing provisions of the EU legal acts and where stan-
                 dards, normative and technical provisions are in question it is acceptable
                 to apply the manner of expression determined in the EU acts, and when
                 transposing material provisions of the act it is recommended to apply
                 logic, unambiguous expression applicable to the legal system of the Re-
                 public of Macedonia in shaping the content of national legal act.
                 6. Is fully approximated (fully, partially, not to be transposed, not rele-
                 vant for the Republic of Macedonia, discretionary provision) The con-
                 tent of this column is the most important part of this Form, since the
                 institution / competent authority, proposer of the national legal act by
                 determining the certain extent of approximation (fully, partially, not
                 to be transposed, not relevant for the Republic of Macedonia, discre-
                 tionary provision), on the one hand, expresses how and to what extent
                 the given provision of the EU legal act is incorporated in the national
                 legislation; and on the other hand, it has clear insight in the complexity
                 of the steps to be taken for full approximation with the EU legal act to
                 the time of accession in the European Union. As a result, subordinate
                 to the extent of approximation the following may be distinguished:

                     6.1 Where the given provision of the EU legal act is fully approxi-
                     mated it is not necessary to complete columns 7 and 8;

                     6.2 Where the given provision of the EU legal act is partially ap-
                     proximated in columns 7 and 8 it should be indicated how the trans-
                     position will be made (methods given in the instruction for com-
                     pletion of the Decision amending the Decision on the Forms of the
                     Accompanying Letter and the Memorandum, the content and form
                     of the Correlation Table and of the Statement on the Approximation



                                                                                      97
   117   118   119   120   121   122   123   124   125   126   127