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Frequently Asked Questions

In general, the tasks are conducted within working groups joining the various institutions together under the leadership of one technical coordinating authority. Uni-refer Network provides for an organisation which can include all interested parties. If only one synthetical national provision transpose the Community provision, one unique transposer should be preferred. If several national provisions transpose the Community provision, several transposers can manage this task using CaT.

CAT:

CaT is designed to fulfill the following functions:
. each user works on an online Central Database;
. each authorised user may retreive the available data and provide his comments;
. each authorised user, coordinator or certifier may follow the agenda, contribution and minutes of the groups representing the stakeholders;
. each authorised user may notify any request to the parties involved in the process.
CaT provides a full traceability of the whole process and allows coordinator to follow up each step of the process (PLAN, LABEL, TRANSLATE, ASSESS, TRANSPOSE, IMPLEMENT).
 

CAT:

CaT provides function to be connected to:
- the National legislative database;
- the European legislative databases.
CaT also has its own databases at European and National level.

CAT:

Yes, CaT deals with any kind of source text:  treaty, regulation, directive, recommendation, court’s decision…

CAT:

Dirlab is the name of the whole system based on Directive labels designed to harmonise national regulations. It includes Single table of Correlation (StC), Computer-assisted Transposition (CaT), Mutual evaluation Module (MeM), Uni-refer Netwok (UrN) and several quality protocols.
This system must answer three requirements:
- fast transposition
- compliant legislation
- quality implementation.

CAT:

Labels are used to provide a standard framework in order to distinguish non action, verbatim and decisive provisions.
Such distinction:
- eases the understanding of the directives;
- facilitates approximation between national legislation and the various provisions of a directive through simple and permanent directories;
- focusses the discussion, the audit and implementation on decisive provisions;
- allows full traceability of the impact, transposition and implementation of all the country's directives;
- opens comparisons between legislations of various Member States and international exchange of good practice.

CAT:

Yes indeed.
The labels are designed in such a way that they are used as a standard for all member states to exchange good practice.
The approximation of national provisions also allows a better consistency of the internal legislation.

CAT:

CaT uses a process to amend the original directive. This active directive is usually compared to a consolidated version for authentication purpose.

CAT:

The software should be used before:
- to express a national point of view before the design of a directive
- to assess the regulatory impact on the national legislation

The software should be used after:
- to transpose a new directive
- to assess the conformity of national legislation
- to finalize, edit and print tables of concordance
- to follow up periodically the efficiency of the implementation.

CAT:

CaT cuts a directive into various labels defined through keywords. These labels provide an efficient assistance to identify the concerned National existing measures and to classify those in the regulatory impact tables. Template for regulatory ASSESSMENT report is provided in CaT.

CAT:

Yes, CaT can consolidate the amending directive with the existing one, undertake a regulatory ASSESSMENT to provide a table of national correlation showing the impact on existing legislation  and be used for a TRANSPOSITION to provide a table of national correlation showing the proposed new legislation.

CAT:

One may label an already transposed legislation to improve its consistency, to update it according to amendments or to operate a codification. Such work will provide a national data bank that will serve internal interests as well as international. For example, a growing demand for transposition assistance comes from associate states.
One may also use labelled provision to follow and improve the implementation of the directives. This is the sixth sept of CaT software: IMPLEMENT.
When preparing a file for structural funds it appears useful to list the implemented european legislation, consult stakeholders and certify conformity of the national measures.

 

Yes, CaT provides plan do check act to set objectives, tasks, check the implementation and define new measures to improve their enforcement.

CaT uses the 'decisive label' to identify provision where implementation measures are requested by the European legislation. Indeed, precise implementation measures are normally not defined by the European legislation and depend on internal decisions of the responsible Member State. The protocole of the coordinating authorities may authorise ‘executive measures’ which are not directly dependant on the labelled provisions of the Directive. Such labels may concern the enforcement of penalties, civil damages, administrative measures, advertising, training programmes... In most cases, it appears preferable not to define in the transposing text who is the authority responsible for the implementation and to let this autority define the the implementing measures.

 

CaT displays the process in realtime and traces it expost step by step. According to existing normes, the participation of stakeholders may be encouraged by the Coordination Protocole and by various interconnections. This participation may be controled by audits organised at the end of each of the process' steps (ASSESS, TRANSPOSE, IMPLEMENT). All the contributions and discussions may be recorded on the provided network.
Every year, the implementation of each decisve provision of a Directive may be audited by an independant certifier according to a Plan Do Check Act process.

Yes, the software does handle this type of work. Each portion text may be traced by a specific code to identify its origin. Of course, in such a case the use of the RIDe indicator to assess conformity, will appear more difficult.

CaT provides access to other member states’ legislation in a simple and efficient manner. Thanks to standard labels, access to comparisons as far as impact, transposition and implementation are concerned may be obtained immediately.

CaT does not encourage gold plating.
The advised Coordination Protocole recommends verbatim transposition wherever possible and close to the field implementation where necessary. This recommendation may be enforced through certification. Final answer belongs to Transposition and Implementation Authority and to the Stakeholders ot the Directive, not to CaT.
 

RIDe indicator has several quality purposes: authentication, language consistency, conformity & efficiency.
RIDe (Ratio of Implementation & Development) assures that the loaded directive is identical to the original one (Authentication). RIDe also assures that the terms used by the directive and recorded in the dictionary in one Community language may be found in the National language directives's dictionnary (Language consistency). RIDe thirdly assures that thge words included in verbatim labelled provision of a directive may be found in the transposed provision (Conformity). RIDe fourthly assures that the objectives set in the implementation instructions of the decisive labels are achieved according to executive reports of the responsible organisations (Effficiency).



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