Saatja: "Margo Roasto" <
[email protected]>
Saaja: "EL kohtu töögrupp" <
[email protected]>
Teema: FW: Interconnection clause - note to the EU law network
Kuupäev: 2024-05-07 10:02
Tere
Edastan teile Euroopa Komisjoni kirja. KOM on arvesse võtnud liikmeriikide
seisukohta, et vastastikuse seose klausli (nn interconnection clause) nõuet
võiks täita ka EUR-Lexis avaldatud teave. Seetõttu on KOM teinud ettepaneku
aastaseks testiperioodiks, mil LRide riigisisesed ülevõtmismeetmed
avaldatakse teatud tingimusi järgides EUR-Lexis. KOM palub LRidel hiljemalt
15. juunil teada anda, millise avaldamisviisi iga LR valib (vt allpool).
Tuletan meelde, et Eesti on seni vastastikuse seose klausli nõude täitnud
normitehnilise viite lisamisega liidu õigust ülevõtvale õigusaktile. Eeldan,
et allpool esitatud KOMi valikutest on Eestile kõige lihtsam ja sobivam 1.
alternatiiv (lingid riigisisestele ülevõtmismeetmetele), mis minu teada juba
praegu toimib. Aga palun teilt siiski juuni alguseks kinnitust, kas jääme
KOMi välja pakutud 1. alternatiivi juurde. Kui teil on küsimusi, siis vastan
hea meelega.
Parimate soovidega
Margo Roasto
Välisministeerium
Jurist / EL õiguse büroo
Juriidiline osakond
+372 637 7435
vm.ee/en | Islandi väljak 1, Tallinn
From:
[email protected] <
[email protected]>
Sent: Friday, May 3, 2024 11:28 AM
Subject: Interconnection clause - note to the EU law network
Dear colleagues,
Please find attached a note to the members of the EU Law Network, signed by
Deputy Secretary-General Elisabeth Werner, on the subject of the
interconnection clause.
The note follows up on the exchanges held at the last EU Law Network meeting
of 1 December 2023. It proposes a one-year test period during which the
official publication of national transposition measures required by the
interconnection clause can be ensured via publications on EUR-Lex. The
option of using EUR-Lex for this purpose is subject to certain conditions,
as set out in the note.
In the note, we kindly ask you to confirm by email to the functional mailbox
SG EU LAW NETWORK by 15 June 2024 the option chosen for your Member State as
regards the interconnection clauses in EU law:
1. Publication of hyperlinks/ELI links on EUR-Lex;
2. Publication of measures in .pdf format on EUR-Lex;
3. Publication of hyperlinks/ELI links and measures in .pdf format on
EUR-Lex;
4. Publication of a reference to the directive on the occasion of the
national official publication of the transposition measures.
If you choose option 1, 2 or 3, i.e. the publication of hyperlinks/ELI links
and/or measures in .pdf format, we would need your agreement that the
Commission transmits your THEMIS notifications for publication on EUR-lex,
if you have not given your agreement to do so yet. You will find below the
list of Member States that have already given their agreement for the
publication of links and/or measures on EUR-lex, for information. Please
note that explanatory documents are never published on EUR-lex.
We remain of course available to answer any question you may have in
relation to the note.
Kind regards,
SG EU Law Network
Member State
PDF
Link (national website or ELI)
Belgium
Y
N
Bulgaria
Y
Y
Czechia
Y
N
Denmark
N
Y
Estonia
N
Y
Greece
Y
N
Spain
Y
Y
France
N
Y
Cyprus
Y
N
Latvia
Y
Y
Lithuania
Y
N
Luxembourg
N
Y
Malta
Y
Y
Austria
N
Y
Poland
Y
Y
Portugal
N
Y
Slovenia
N
Y
Finland
Y
N
Sweden
Y
N
Ref. Ares(2024)3170421 - 30/04/2024
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Deputy Secretary-General - Policy Coordination
Brussels
SG.E.3
NOTE TO THE MEMBERS OF THE EU LAW NETWORK
Subject: Interconnection clause in directives – publication of transposition
measures in EUR-Lex - pilot phase
The interconnection clause in a directive obliges Member States, when transposing a directive,
to refer to the directive in question. This can be done either directly in the provisions that are
adopted to transpose the directive, or when these provisions are officially published. This
requirement also applies for national laws that already existed when the directive was adopted,
but that ensure the transposition of certain provisions of the directive.
The Commission gave details of the legal obligations resulting from the interconnection clause
at the EU Law Network meetings of 25 May 2023 and 1 December 2023. At the EU Law
Network meeting of 1 December 2023, several Member States pointed to legal and procedural
difficulties in publishing official notices for legislation pre-dating a directive. Other Member
States explained the methods they used to comply with the requirements of the interconnection
clause. Overall, there was widespread support by Member States for relying on the publication
of national transposition measures in EUR-Lex to satisfy the requirements of the
interconnection clause. The Commission informed Member States’ delegations that in its view,
legal considerations make it difficult to accept publication of transposition measures on EUR-
Lex as a substitute for an official publication at the national level.
In the light of the arguments and concerns brought forward by Member States, the Commission
committed to reconsidering its approach.
Following further consideration, and while the Commission maintains its legal position
explained at the EU Law Network meeting on 1 December 2023, it is acknowledged that the
publication of national transposition measures on EUR-Lex gives citizens and businesses easy
and reliable access to the implementation of directives by Member States. Provided that
appropriate information is published on EUR-Lex, publication in this way could be considered
an effective instrument to establish the link between national transposition measures and the
directive, including for national legislation pre-dating the directive.
Currently, the meta-data of the transposition measures of all Member States are available on
EUR-Lex following their notification via THEMIS/Directives. For 19 Member States, EUR-
Lex also publishes a hyperlink to their transposition measures and/or the measures in .pdf
format, following their agreement given to the Publications Office.
The Commission is willing to explore a pragmatic way forward, to ensure appropriate publicity
for national transposition measures – in particular those pre-dating a directive – and to
effectively link (‘inter-connect’) those measures to the directive. The Commission would
therefore like to propose a one-year test phase, during which the official publication of
national transposition measures required by the interconnection clause is ensured via
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
SENSITIVE
EUR-Lex. This publication should be complete and cover all national transposition measures,
both post- and pre-dating the directive. All notifications will continue to be done exclusively
via THEMIS/Directives.
During the test phase, it will be required that the reference in EUR-Lex to the national
transposition measures includes a hyperlink that gives direct access to the national official
publications of those measures and/or the text of the measures in .pdf format. The meta-
data alone are not sufficient.
At the end of the test phase, the Commission will evaluate the results and Member States'
practices. If the test phase is not found to have delivered the required results, the Commission
reserves its right to resume enforcing the obligations flowing from the interconnection clauses.
In the meantime, grievances in ongoing pre-litigation proceedings or enquiries about the
fulfilment of the requirements under interconnection clauses will not be pursued, if Member
States have agreed to the publication of hyperlinks and/or documents directly on EUR-Lex.
Despite the clear advantages of the EUR-Lex solution in terms of accessibility, Member States
have the right to opt out of this publication method if they commit to referring systematically
and directly to the directives in their national transposition measures or to publishing national
official notices to that effect, both for national legislation pre-dating and post-dating the
directive.
We would therefore ask you to confirm by email to the functional mailbox SG EU LAW
NETWORK by 15 June 2024 the option chosen for your Member State as regards the
interconnection clauses in EU law:
1. Publication of hyperlinks/ELI links on EUR-Lex;
2. Publication of measures in .pdf format on EUR-Lex;
3. Publication of hyperlinks/ELI links and measures in .pdf format on EUR-Lex;
4. Publication of a reference to the directive on the occasion of the national official
publication of the transposition measures.
Of course, Member States are encouraged to continue their practice of adding a direct reference
of the directive concerned to the national transposition measures, where possible. This is still
the most direct way of making the link between the relevant national and EU laws.
We hope that the proposed pilot phase can provide a good basis to find a pragmatic solution to
the problems encountered with the application of the interconnection clause. Your cooperation
in this matter is appreciated.
Elisabeth WERNER
2
Electronically signed on 30/04/2024 13:04 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121