Page 158 - Секретаријат за законодавство

Transposition of regulations
When we talk about the process of legal approximation with EU reg-
ulations in Croatia, we have to make a difference between the period
before and after the membership in the EU.

During the pre-accession period there were two approaches in har-
monisation with EU regulations.

In some areas, the regulations have been transposed in Croatian legislation
as directives. This was done in those Þelds where all preconditions for full
implementation of EU Acquis had to be in place and EU Acquis had to
be enforced even before the membership. This was for example done in
the area of food safety and in the area of air transport. As the date of full
membership was close, it was clear that for the reason of the application of
the principle of direct applicability of EU regulations and legal certainty,
these national legal acts would have to be abolished either completely or
just those provisions which copy the normative content of regulations.
In 2012 the process of analysis of national legislation transposing EU
regulations was launched and the line institutions with expert assis-
tance from MFEA identify those measure and prepared amendments,
on the case by case basis.

For some other areas, the obligation was not to transpose EU regulations
as directives, but to create the conditions which will enable the imple-
mentation of EU regulation at the date of accession. Still, to be prepared
for full application of the EU regulation sometimes it was necessary
to adopt national legal acts prescribing the responsible institutions for
implementation of regulation, procedural aspects and sanctions. In this
case the laws for the implementation of EU regulation were adopted.

Here are some examples: Law on the implementation of the Regu-
lation (EC) No 1907/2006 concerning the Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH), establishing a
European Chemicals Agency (REACH) (OG 53/08), Law on the im-
plementation of the Regulation (EC) No 1223/2009 on cosmetics (OG
18/13), Law on implementation of the Regulation (EC) No 2003/2003
on fertilizers (OG 81/13).

This is the approach which is taken also after the accession to the EU.

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