Page 170 - Секретаријат за законодавство

sions of directives. From legal aspect it is obvious that those provisions
are not to be transposed in a national legal system. Moreover, their
transposition is prohibited since the Member States lack competence
to regulate the EU institutions functioning by their national legal acts.

When transposing provisions of a directive such as obligation to
draft special reports, information dissemination and evaluation of EU
competent bodies or cooperation in information exchange with other
Member States, for the purpose of clearness it is important to trans-
pose those provisions in the national legal acts along with the manners
of implementation of the tasks and appointment of competent author-
ities. When transposing a directive it should be considered with all its
amendments in effect on the date of adoption of the national legal act
irrespective of the type of EU amending legal act.

There are three main types of transpositions of directives in a national
system that could be represented (combined) in a legal act:
• The basic approach provides for transposition of the objec-
tive (essence) of a directive in a national legal system in ac-
cordance with the national legal technique in the manner and
scope that ensure consistent and entire transposition in view
of the objective (essence), and implementation of directives in
the national legal act. It is very important to ensure realization
of all objectives of the directive on national level;

• The second approach refers to copying particular parts of the
directive text in the national legal act. This method is permitted
and appropriate in cases where there are technical and very
detailed provisions, often containing lists, tables, formulas and
numbers. In those cases provisions of directives do not allow
any interpretation of their meaning and different formulation
or editing (adaptation). Mainly they become as regulations, but
opposite to regulations it is necessary to transpose them in a
national legal system, which arises from their legal nature;
• As exception, appropriate transposition of particular provi-
sions of the directives could be provided only by reference to
the directive. The reasons for making reference are, in prin-
ciple, similar to those for the use of direct transposition. This
approach is often taken into consideration and it is used where

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