Regulation (EU)
A regulation of the European Union ( English regulation , short form " Regulation (EU) ", colloquially EU regulation ) is a legal act of the European Union with general validity and direct effect in the member states . The regulations are part of secondary Union law . It differs from directives mainly in that the latter must first be converted into national law by the member states.
Legislative process
Regulations are issued on the basis of one of the procedures provided for in the Treaties depending on the subject of the regulation . A distinction is made between legislative acts , implementing regulations of the Commission and delegated regulations .
Ordinances, which are legislative acts, are usually adopted jointly by the Council of the European Union and the European Parliament on a proposal from the European Commission in accordance with the ordinary legislative procedure . In certain cases, however, special legislative procedures are foreseen.
Addressees
Regulations can be addressed to the European Union itself, to all Member States or to the citizens of all Member States. If the regulation is only to affect selected member states or their citizens, it will be issued as a resolution (directly binding) or as a directive (to be implemented by national law).
Differentiation from other legal acts of the EU
According to Art. 288 (2) of the Treaty on the Functioning of the European Union (TFEU), the regulations are those legal acts which have general applicability, are binding in their entirety and are directly applicable in every member state. They do not have to be transposed into national law by the EU member states (“penetration effect”). Modifications of the given regulations by the individual member states are fundamentally not possible ("implementation ban"). However, the regulations may also contain individual articles that expressly prescribe or allow adaptations to national law.
The regulations differ from the directives in terms of the penetration effect . Directives do not have direct application in a Member State, but can be directly applicable under certain conditions .
history
Before the Lisbon Treaty , regulations were only issued by the European Communities under the 1st pillar . Even if the term “EU regulations” was often used, this wording was incorrect, as these regulations (and also the directives) were issued by one of the European Communities and not the European Union . The German-language title of these earlier regulations begins with “Regulation (EG)” (or a reference to the respective community). For the regulations issued since the Treaty of Lisbon, the title begins with “Regulation (EU)” or - if they were adopted by the European Atomic Energy Community - “Regulation (EURATOM)”.
designation
title
Regulations that were enacted by November 30, 2009 are entitled "Regulation (EC) ..." ( Regulation of the European Community ) and regulations that have been enacted by November 1, 1993 are entitled "Regulation (EEC) ..." ( Regulation of the European Economic Community ), although they are now valid as regulations of the European Union.
number
The year has been put in front since 2015.
Old:
- Regulation (EU) No. 1286/2014
New:
- Regulation (EU) 2015/2421
- Regulation (Euratom) 2016/52
publication
Regulations are published in the Official Journal of the European Union . They come into force on a date specified in the respective ordinance or on the twentieth day after their publication.
Legal recourse in the event of violations
If a member state violates an EU regulation, the Commission has the option of bringing an action before the European Court of Justice in the form of infringement proceedings under Art. 258 TFEU or other member states under Art. 259 TFEU .
Well-known EU regulations
- Regulation (EEC) No. 1408/71 (social insurance)
- Regulation (EEC) No. 2658/87 (combined nomenclature)
- Regulation (EEC) No. 1677/88 (cucumber regulation)
- Regulation (EEC) No. 3037/90 (NACE Regulation)
- Regulation (EEC) No. 259/93 (Waste Shipment Regulation )
- Regulation (EEC) No. 1836/93 (EMAS regulation)
- Regulation (EC) No. 2257/94 (banana regulation)
- Regulation (EC) No. 338/97 (Species Protection Regulation ) - significantly changed by Regulation (EC) No. 407/2009
- Regulation (EC) No. 1346/2000 on insolvency proceedings
- Regulation (EC) No. 2725/2000 (Eurodac)
- Regulation (EC) No. 44/2001 (Brussels I) (EuGVVO)
- Regulation (EC) No. 539/2001 (EU Visa Regulation)
- Regulation (EC) No. 761/2001 (EMAS II)
- Regulation (EC) No. 6/2002 on Community designs
- Regulation (EC) No. 29/2002 (NACE Regulation)
- Regulation (EC) No. 178/2002 (food safety)
- Regulation (EC) No. 343/2003 (Dublin II)
- Regulation (EC) No. 2201/2003 (Brussels IIa) (EuEheVO)
- Regulation (EC) No. 549/2004 (creation of a single European sky )
- Regulation (EC) No. 726/2004 (pharmaceutical law)
- Regulation (EC) No. 805/2004 (Enforcement Order Regulation) (EuVTVO)
- Regulation (EC) No. 842/2006 on certain fluorinated greenhouse gases
- Regulation (EC) No. 1107/2006 on the rights of disabled air travelers
- Regulation (EC) No. 1781/2006 (money transfer regulation)
- Regulation (EC) No. 1893/2006 (NACE Rev. 2)
- Regulation (EC) No. 1907/2006 (REACH)
- Regulation (EC) No. 1924/2006 (Health Claims)
- Regulation (EC) No. 1925/2006 (enrichment regulation)
- Regulation (EC) No. 834/2007 (organic regulation)
- Regulation (EC) No. 1998/2006 (1st State Aid Regulation )
- Regulation (EC) No. 861/2007 (EuGFVO)
- Regulation (EC) No. 864/2007 (Rome II)
- Regulation (EC) No. 1214/2007 (combined nomenclature)
- Regulation (EC) No. 1370/2007 (public transport services)
- Regulation (EC) No. 593/2008 (Rome I)
- Regulation (EC) No. 1272/2008 (GHS regulation)
- Regulation (EC) No. 428/2009 (Dual Use)
- Regulation (EC) No. 470/2009 on maximum residue levels of pharmacologically active substances in food of animal origin
- Regulation (EC) No. 948/2009 (combined nomenclature)
- Regulation (EC) No. 1221/2009 (EMAS III)
- Regulation (EU) No. 995/2010 (Timber Trade Regulation)
- Regulation (EU) No. 996/2010 (investigation and prevention of accidents and incidents in civil aviation)
- Regulation (EU) No. 1227/2011 on the integrity and transparency of the wholesale energy market (REMIT)
- Regulation (EU) No. 207/2012 (electronic instructions for use for medical devices)
- Regulation (EU) No. 648/2012 (Market Infrastructure Regulation)
- Regulation (EU) No. 813/2013 (environmentally friendly design of space heaters and combination heaters)
- Regulation (EU) No. 1407/2013 (2nd State Aid Regulation )
- Regulation (EU) No. 1286/2014 (key information sheets for packaged investment products and for insurance investment products (PRIIP))
- Regulation (EU) 4/2014 (environmentally friendly electric motors, implementing Directive 2009/125 / EC)
- Regulation (EU) No. 910/2014 ( eIDAS )
- Regulation (EU) 2016/399 (Schengen Borders Code)
- Regulation (EU) 2016/679 ( General Data Protection Regulation)
- Regulation (EU) 2017/745 (European Medical Device Regulation)