Page 196 - Секретаријат за законодавство

“Article 19
1. Member States shall lay down rules on penalties applicable to in-
fringements of this Regulation and Regulation (EEC) No 3821/85 and
shall take all measures necessary to ensure that they are implemented”. 19

• Member States may be authorised, under strict conditions and
within a clearly deÞned scope, to lay down rules which modify
provisions of a regulation or even are contrary to them:
Example:

“Article 3

Public service contracts and general rules

(…)

3. Without prejudice to the provisions of Articles 73, 86, 87 and 88 of
the Treaty, Member States may exclude from the scope of this Regula-
tion general rules on Þnancial compensation for public service obliga-
tions which establish maximum tariffs for pupils, students, apprentices
and persons with reduced mobility”. 20

In any case, it is possible for Member States to take legislative action,
regardless of provisions of the regulation authorising them to do so,
in order to:
• lay down the competence of authorities responsible for execut-
ing measures contained in the regulation;

• “Where national authorities are responsible for implementing a
Community regulation it must be recognized that in principle
this implementation takes place with due respect for the forms
and procedures of national law. However, the uniform applica-

19 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15
March 2006 on the harmonisation of certain social legislation relating to road transport
and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and re-
pealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
20
Regulation (EC) No 1370/2007 of the European Parliament and of the Council of
23 October 2007 on public passenger transport services by rail and by road and repeal-
ing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p. 1).

23