Directive (European Union)

Guidelines ( colloquially EU directives or directives by the English name directive ), acts of the European Union and as such part of the secondary Union law. Guidelines shall be adopted according to the theme of the Directive on the basis of one of the measures provided for in the Treaties. A distinction is made between legislative acts, implementing directives of the Commission and delegated regulations.

Guidelines, which are legislative acts shall be adopted as a rule on a proposal from the European Commission, the Council of the European Union and the European Parliament in accordance with the ordinary legislative procedure together. In certain cases, however, special legislative procedures are provided. The guidelines will receive a numbering which is composed of the password policy, the year a serial number and marking EU ( thus eg Directive 2010/25/EU ). Older policies from the time of the European Community or the European Economic Community have further indications EC or EEC, they are also referred to as EC Directives and the EC guidelines.

It is left to the individual Member States as they implement the guidelines. You have some leeway so in the implementation of the Directive. If the policy, however, requires the introduction of specific rights or obligations, must the nation state law that serves their implementation, according to justify specific privileges or obligations. Under German law, a formal law or regulation is therefore necessary to implement a rule. In contrast to EU Directives EU Regulations are directly effective and binding and shall not be implemented through national legislation. The exact definition of the directive can be found in Article 288 paragraph 3 of the Treaty on the Functioning of the European Union.

  • 2.1 Framework Directives
  • 2.2 Specific Guidelines

Implementation by Member States

Guidelines regularly set a time limit within which they must be implemented in national law. With the implementation of the directive content is part of the national legal system and thus applies to all (for example, a law ) are affected by the act of transposition.

Direct effect

If a policy is not timely or not properly implemented, they still can act immediately and are used by authorities. These provisions of the directive must be prepared content as accurately and specifically, that it is suitable for direct application and it may not contain any direct obligation on an individual. Therefore, it is not possible a direct effect of directives between individuals ( horizontal direct effect ).

Inflicted by an individual after the end of the implementation period due to the lack of or poor implementation at a disadvantage, he can take the Member State through the State liability for damage claims under certain circumstances. From the non-implementation of the Directive is in accordance with ECJ case law - in particular the standards in the Francovich decision of 19 November 1991 ( C-6/90 and C-9/90 ) formulated - the citizens no harm arise.

Indirect effect prior to the implementation

Even before the implementation deadline but have policies legal effects, in a national legal standards by means of " europe consistent interpretation " are as far as possible be interpreted in accordance with the requirements of the Directive in order to avoid collisions between European law and national law (see collision rule).

Implementations by regulations

The directives must be transposed into national law, that any hereby established rights for individuals are recognizable and he can invoke their rights. The ECJ denied, therefore, that these requirements are satisfied air through implementation of a directive in the TA, although this represents a normkonkretisierende administrative regulation. Required Rather legal norms are in the material sense.

On the other hand, it is permissible to refer to the German regulations on an EU directive and to explain the text in the Federal Republic to be valid. Example: The Hazardous Substances ( Ordinance on Hazardous Substances ) in the Directive 67/548/EEC is referenced and in particular the list of components will be explained in Appendix I to the current version to be binding, without a change in their respective adaptation of the Ordinance on Hazardous Substances needs.

Examples Directives adopted

Note: For the full text obtained through the official website of the EU by entering a search term on this page.

Framework directives

  • Indicative occupational exposure limit, 2000/39/EC, applicable since July 5, 2000
  • Energy Tax Directive, 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, CELEX: 32003L0096
  • Free Movement Directive 2004/38/EC
  • Conformity assessment procedures and CE marking, 768/2008/EC ( the 93/465/EEC has been replaced in 2008 by)
  • Services Directive 2006/123/EC
  • Air Quality, Council Directive 96/62/EC of 27 September 1996 and 2008/50/EC of 21 May 2008
  • Air pollutants, of the Council of 22 April 1999 relating to limit values ​​for sulfur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead Directive 1999/30/EC
  • Machinery Directive 2006/42/EC ( 98/37/EC until 28 December 2009)
  • VAT System Directive 2006/112/EC
  • Ecodesign Directive (EuP Directive), 2009/125/EC ( 2005/32/EC until 19 November 2009)
  • Product Liability Directive 85/374/EEC with amendment 99/34/EC, applied from July 30, 1988
  • Product Safety Directive 2001/95/EC
  • Intellectual property protection, 2004/48/EC
  • Water Framework Directive, 2000/60/EC
  • Environmental Noise Directive, 2002/49/EC

Specific Guidelines

  • Batteries and accumulators and waste batteries and accumulators; 2006/66/EC
  • Active implantable medical devices; 90/385/EEC amending Directive 2007/47/EC
  • General system for the recognition of higher education diplomas; 89/48/EEC;
  • Work Equipment Directive; 2009/104/EC (formerly 89/655/EEC )
  • Directive 2003/88/EC concerning certain aspects of the organization of working time, based on the previous directives 93/104/EEC and 2000/34/EC
  • Lift Directive; 95/16/EC
  • Azofarbstoffrichtlinie; 2002/61/EC
  • Bathing Water Directive; 2006/7/EC
  • Construction products; 89/106/EEC
  • Pressure equipment; 97/23/EC
  • Simple pressure vessels; 2009/105/EC
  • Units of measurement; 80/181/EEC
  • Electromagnetic compatibility / European EMC Directive; 2004/108/EC (ex 89/336/EEC)
  • Electrical and electronic equipment; (Waste ); 2002/96/EC
  • Electrical and electronic equipment ( Restriction of Hazardous Substances ); 2002/95/EC
  • Electric ovens Energy labeling; 2002/40/EC
  • Emissions Trading Directive; 2003/87/EC
  • Explosives for civil uses; 93/15/EEC
  • Fauna-Flora -Habitat Directive; 92/43/EEC
  • Matter Directive; 99/30/EC
  • Distance Selling Directive; 97/7/EC
  • Directive on driving licenses; 2006/126/EC
  • Radio equipment and telecommunications equipment; 99/5/EC
  • Gas Appliances; 90/396/EEC
  • Batteries and accumulators containing dangerous substances; 91/157/EEC
  • Hazardous material identification ( classification, packaging and labeling of dangerous substances); 67/548/EEC
  • Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (ATEX 95); 94/9/EC
  • Energy performance of buildings; 2002/91/EC
  • Human Medicinal Products Directive; 2001/83/EC
  • Industrial Emissions Directive; 2010/75/EU
  • Infrastructure for Spatial Information in Europe ( INSPIRE); 2007/2/EC spatial data access law →
  • In vitro diagnostic medical devices; 98/79/EC
  • Interoperability of the trans-European conventional rail system; 2001/16/EC
  • Interoperability of the trans-European high speed rail system; 96/48/EC
  • Cosmetics Directive; 76/768/EEC
  • Fuel tanks and rear underrun protection of motor vehicles and their trailers; 2006/20/EC
  • Noise Policy; 2002/44/EC, 2003/10/EC
  • To plastic materials and articles intended to come into contact with food; 2002/72/EC
  • Medical Device Directive; 93/42/EEC amending Directive 2007/47/EC
  • Measuring instruments; 2004/22/EC;
  • Minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (ATEX 137); 99/92/EC
  • Non-automatic weighing instruments; 2009/23/EC (formerly 90/384/EEC )
  • Low Voltage Directive relating to electrical equipment designed for use with voltages between 50 and 1000 volts; 2006/95/EC (formerly 73/23/EEC)
  • Nonylphenol cement; 2003/53/EC
  • Personal protective equipment; 89/686/EEC
  • Postal services EEC; 97/67/EC
  • Legal protection of computer programs; 91/250/EEC
  • Protection of the health and safety of workers from the risks related to chemical agents at work; 98/24/EC
  • Cableways; 2000/9/EC
  • Safety and health signs at work; 92/58/EG
  • Material Safety Data Sheets; See also 91/155/EEC 1999/45/EC)
  • Toys; 88/378/EEC
  • Sports; see also: CE Seetauglichkeitseinstufung; 2003/44/EC (formerly 94/25/EC )
  • Telecommunications terminal equipment; 99/5/EC; formerly 98/13/EC;
  • Environmental Noise emission of intended for use in outdoor equipment (also see: Noise Policy ); 2000/14/EC
  • Environmental Information Directive; 2003/4/EC
  • Copyright Directive 2001/29/EC
  • Consumer Goods Directive; 1999/44/EC
  • Packaging waste; 94/62/EC
  • Birds Directive; 2009/147/EC (previously 79/409/EEC )
  • Front underrun protection of motor vehicles; 2000/40/EC
  • Retention; 2002/58/EC
  • Hot water boilers / With liquid or gaseous fuels new hot- water boilers; 92/42/EEC

Guidelines on the New Approach

The New Approach provides that the guidelines for specific products set basic safety and health requirements at a high level of protection. The technical details for the specification of these essential requirements are drafted by the European standardization organizations CEN, CENELEC and ETSI in the form of European standards.

The aim of the new concept is, among other things:

  • Technical barriers to trade by the European harmonization of technical standards
  • Relief of the state ( non- officers but experts will establish standards )
  • Always up detailed regulations, as standards are updated by rotation and are state of the art are intended

So far, 26 European directives have been adopted on the New Approach, the European standards need to fill her. 22 of which provide for the CE marking, four of them see no CE marking.

History

Before the Treaty of Lisbon directives have been issued only by the European Communities under the first pillar. Even if was often spoken of EU directives, this formulation was legally incorrect because these policies (as well as EC Regulations ) issued by one of the European Communities, and not by the European Union. The German -language title of this earlier directives begins as each case with " Directive XX / NN / EC " (or a reference to the respective community). For the adopted since the Treaty of Lisbon guidelines of the title starts with " Directive XX / NN / EU" or " Directive XX / NN / EURATOM ".

Statute Francovich v Italy TA Luft Hazardous Substances and New Organisms Act 1996 Service (economics) Particulates Dangerous Substances Directive (67/548/EEC) ATEX directive Directive 2001/83/EC Infrastructure for Spatial Information in the European Community Directive on the re-use of public sector information Boat Water heating European Committee for Electrotechnical Standardization Computer-assisted legal research
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