Page 164 - Секретаријат за законодавство
P. 164
policy of the National Programme for Adoption of the Acquis, except at
the end of the title may be placed on article level. It means that if the text
of the bylaw approximated with a relevant EU measure makes reference
to another national legal act that was or will be subject to approximation
with a relevant EU measure, in that part of the bylaw marks *1, *2, and
etc. are orderly arranged, and the text of the footnote, placed below the
Þnal provision of the legal act, indicates the article and title of the EU
legal act to which reference is made, and its CELEX number. In the case
where the legal act has annexes, regardless whether they are subject to
marking, the footnotes are placed after the annexes.
Main characteristic of the bylaws of Chapter 12 of the National Pro-
gramme for Adoption of the Acquis is the possibility for their marking
on article level. This characteristic is signiÞcant since in such a way
the problem with the need for direct reference to directives, regula-
tions and decisions will be surpassed in the provisions of the bylaw
when transposing those EU legal acts. This, primarily, derives from
the speciÞcity of the areas of food safety, veterinary and phytosanitary
policy encompassed in the EU legal acts that are mutually connected
and make reference to mutual application. In cases where in a national
bylaw EU legal act is transposed provisions of which may make refer-
ence to relevant article from another EU legal act or generally to rel-
evant EU legal act, the national bylaw will make reference to another
national bylaw transposing the other EU legal act, and not directly to
the former. The article making that reference is marked with *1, and
the footnote at the end of the legal act, below the Þnal provision or
after the annexes (if there are any) will indicate the text that the bylaw
containing the other directive is approximated with the former (indi-
cating the article, or only the title of the directive and its CELEX No).
The text of the footnote marked as *1, indicating reference on article
level, and making general reference to the EU legal act transposed in
the other EU act will read, for example,
“*1 The Rulebook on the manner and conditions for waste disposal is
approximated with the Council Directive on waste (full title) adopted
on (date), CELEX No.” The text of the footnote marked as *2 indi-
cating the reference on article level, and when reference is made to
particular article of the EU legal act transposed in the other EU act will
55