Page 211 - Секретаријат за законодавство

The very important change introduced by the Lisbon Treaty is the clear
and precise division of the competences between the EU and the Mem-
ber States. This refers to the responsibility for decision making in a par-
ticular policy area. The Treaty of Lisbon clearly identiÞes policy areas in
which the EU exercises exclusive, shared and supportive competences.

In the policy areas where the European Union has exclusive competences
the EU has the exclusive legislative and decision-taking power to regulate
these subject matters and the EU Member States should not interfere with
their own regulation into these areas as they delegated this power to the
EU and its institutions. The areas in which the EU has exclusive compe-
tence are listed in the Treaty and cover Customs union, Competition rules
for the internal Market, Monetary policy for the Eurozone, Commercial
policy and Conservation of marine biological resources.

Most competences are shared between the EU and the Member States.
In the policy areas where the EU and the Member States share compe-
tences, the Member States may take measures as long and insofar as the
EU has not yet taken its measures. On the other hand in these areas of
shared competences the EU can only intervene if certain objectives set
out by the Treaties cannot be attained by the Member States and only if
the EU can attain them with greater efÞciency than the Member States.
Furthermore, the EU act shall not exceed what is necessary to achieve
the objectives of the Treaties (the principle of subsidiarity and propor-
tionality). The areas in which the EU and the Member States have shared
competences cover Internal market, Social policy, Economic, social and
territorial cohesion, Agriculture and Fisheries, Environment, Consumer
protection, Transport, Trans-European networks, Energy, Freedom, Jus-
tice and Security and Public health.

In certain areas the EU has only supportive competences meaning that it
may only carry out actions to support, coordinate or supplement the ac-
tions of the Member States. In these areas the EU supports, co-ordinates,
encourages or complements measures taken at national level and Mem-
ber States have not conferred competences to the EU but have decided
to act through it. The policy areas in which the EU has supportive com-
petences cover protection and improvement of human health, Industry,
Culture, Tourism, Education, Vocational training, Youth and sport, Civil
protection and Administrative cooperation.

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