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For example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I cover) could have been a regulation (without requiring member states to implement the directive), the desire for subsidiarity was paramount, so a directive was the chosen vehicle.
A regulation is a legal act of the European Union [1] which becomes immediately enforceable as law in all member states simultaneously. [ 2 ] [ 3 ] Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law .
Commission Directive 66/683/EEC of 7 November 1966 eliminating all differences between the treatment of national products and that of products which, under Articles 9 and 10 of the Treaty, must be admitted for free movement, as regards laws, regulations or administrative provisions prohibiting the use of the said products and prescribing the use of national products or making such use subject ...
Legal Acts of the European Union are laws which are adopted by the Institutions of the European Union in order to exercise the powers given to them by the EU Treaties. They come in five forms: regulations, directives, decisions, recommendations and opinions.
The Treaties establish the EU's institutions, list their powers and responsibilities, and explain the areas in which the EU can legislate with Directives or Regulations. The European Commission has the right to propose new laws, formally called the right of legislative initiative. [29]
The directives of the European Union do not focus on or contain comprehensive regulation of the entire law. The directives regulate some very specific issues and they regulate them only for particular situations or circumstances and only for particular types of parties. This is most prevalent in European Union contract law. [4]
Directives occur when a decision at an EU level is used to direct member state governments on what to do. Directives specify the results to be achieved and the deadline within which to achieve them, but form and methods of implementation are left at the discretion of member states.
The directive has undergone a number of minor revisions since its inception in 2002 (Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003). These include updates in 2006 and 2009. After nine years the Directive was seen as failing to achieve some of its goals, hence the legislation had been amended again.