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whole, regard being had to the objectives thereof and to its state of evo-
lution at the date on which the provision in question is to be applied”. 32

If the provision of a directive does not lay down an obligation but mere-
ly encourages Member States to act in a certain way or contains recom-
mendations on the direction in which Member States’ policies should be
33
oriented , it is not necessary to transpose such a provision in a domestic
act of a binding nature. Transposition of such provisions should con-
sist in adopting measures by virtue of which the interested parties are
informed about the aim pursued by the provisions of the directive and
encouraged to adopt a certain practice. Therefore, transposition of this
kind of provision by virtue of e.g. a ministerial circular will be sufÞcient.

Decision

“A decision shall be binding in its entirety upon those to whom it is
addressed.” (Article 288)

Decisions may be addressed to the EU Member States, EU institu-
tions, natural or legal persons, which reside or are registered in EU
Member States. Decisions are a tool for EU institutions to implement
treaties and this is possible only if they are in position to take measures
binding on individuals, undertakings or Member States.

In general we can point out the main differences and similarities of the
decisions and other binding EU legal acts.

Decisions are different from regulations because they are individually ap-
plicable. The persons to whom the decision is addressed must be named
in it and they are the only ones bound by it. Decisions are different from
directives as they are binding in its entirety whereas the directives simply

32 Srl CILFIT and LaniÞcio di Gavardo SpA v Ministry of Health (Case 283/81)
[1982] ECR 3415.
33 Example: Article 1(2) of Council Directive 79/115/EEC of 21 December 1978 concer-
ning pilotage of vessels by deep-sea pilots in the North Sea and English Channel (OJ L
33, 8.2.1979, p. 32): Each Member State shall take all necessary and appropriate mea-
sures to encourage vessels ßying its national ßag to avail themselves, in the North Sea
and the English Channel, of the services of only those deep-sea pilots who are in posses-
sion of a certiÞcate as referred to in paragraph 1 or of an equivalent certiÞcate delivered
by another North Sea coastal State, when seeking the assistance of deep-sea pilots.

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