Page 157 - Секретаријат за законодавство

In accordance with the Constitution EU regulations are directly appli-
cable, but in some cases the conditions for their application have to be
additionally regulated.

Transposition of decisions

A decision is binding in its entirety upon those to whom it is addressed.
Unlike a regulation, a decision is not a general but an individual mea-
sure directed to a speciÞc addressee or addressees. Like directives,
decisions may include an obligation on a Member State to grant indi-
vidual citizens a more favourable legal position. In this case, as with
directives, an act of transposition on the part of the Member State con-
cerned is required as a basis for such claims by individuals.

This is why in the case of EU decision it is very important to pursue
the analysis of each individual decision and identify whether there is
a need for further action on the side of the Member State administra-
tion to enable its implementation. This is especially the case when
the decision is addressed to Member States and although it is directly
applicable, still there are provisions which cannot be directly applied
and further legal action on national level is required.

As an example we can refer to the Decision No 676/2002/EC of the Eu-
ropean Parliament and of the Council of 7 March 2002 on a regulatory
framework for radio spectrum policy in the European Community (Ra-
dio Spectrum Decision). In its Article 5 on availability of information the
Member States are obliged to ensure that their national radio frequen-
cy allocation table and information on rights, conditions, procedures,
charges and fees concerning the use of radio spectrum are published if
relevant in order to meet the aim set out in Article 1. They should keep
this information up to date and take measures to develop appropriate da-
tabases in order to make such information available to the public. This is
an example of the provision which requires further implementing actions
of the Member State, and for this reason this decision was transposed in
Croatian Law on Electronic Communications and additional Ordinance
this on the radio frequency spectrum allocation regulating the obligation
of the Croatian Regulatory Agency for Network Industries (HAKOM) to
keep and regularly update the radio frequency spectrum database.

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