Page 160 - Секретаријат за законодавство

EU law) with the provisions of the draft legislation. In Croatia only for-
mat EU legal act – Croatian draft legislation is used. The EU act must be
divided into titles, sections, articles, paragraphs, points in Þrst column.
In second column the corresponding provisions of Croatian draft legis-
lation are listed. In the third column the level of alignment is indicated
and fourth and Þfth columns are Þlled only in case if the provision has
not been fully transposed in the relevant Croatian legislation. Then the
statement of reason and deadline for the full transposition must be given.
In some cases this information will refer to the provision of another
Croatian legal act which has transposed the provision in question, and
in this case the EU legal act has been fully transposed. In other cases
the reference will be made to other law or by-laws that have yet to be
adopted, and then the deadline for their adoption has to be indicated,
because only then the EU legal act will be fully transposed.

Transposition of directives

Since Croatia became the Member State, most of the transposition ac-
tivities are related only to directives. In case that directives are not
transposed in set deadline and national implementing measure are not
sent to the Commission within this deadline, the Commission will
launch the infringement procedure against Croatia. The transposition
plan is adopted annually, listing laws and by-laws for the transposi-
tion, and represents an effective preventive measure in relation to pos-
sible infringement procedures.

There are different approaches in the transposition of directives in Croa-
tian legislation. The simplest case is when the responsible institution de-
cides to transpose one directive in one piece of national legislation (law,
regulation or ordinance). For example, this is the case with the Directive
2006/42/EC of the European Parliament and of the Council of 17 May
2006 on machinery. This Directive with all annexes has been fully trans-
posed in the Ordinance on machinery safety (OG 28/11). The legal basis
is the Law on technical requirements for products and conformity assess-
ment which provides for the adoption of ordinances for technical prod-
ucts by the minister of economy. Certain number of technical products
has been regulated on the EU level, such as machinery, and the national
ordinance for these products must be in line with relevant EU legal act.

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