Republika e Kosovës Republika Kosova - Republic of Kosovo Qeveria Vlada - Government Ministria e Integrimit Evropian Ministarstvo Evropske Integracije - Ministry of European Integration Departamenti i së Drejtës së BE-së Departament za Zakonodavstvo EU Department of EU Law MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE
2 MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE Content 1...Introduction 3 2... Table of Compliance European Union Republic of Kosovo 6 3...Table of Compliance Republic of Kosovo European Union 13 4... Statement of Compliance of Legislation of the Republic of Kosovo with EU Acquis 19 5... Additional Instructions 25 2
MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE 3 1. INTRODUCTION The purpose of Manual on Compiling the Tables and Statement of Compliance is to reflect in practice completion of ToC and SoC. This document is dynamic and will be updated as needed in order to reflect new information and practical cases while drafting the ToC and SoC. It is recommended to be readed along with the Practical guidelines for legal Approximation of the legislation of the Republic of Kosovo with the legislation of the European Union, which includes theoretical and practical explanation of the process of approximation of national legislation with EU Acquis. 1.1. What is the Table of Compliance and Statement of Compliance? Table of Compliance (EU - Republic of Kosovo and Republic of Kosovo - EU) and the Statement of Compliance of Legislation of the Republic of Kosovo with EU Acquis are the documents that accompany the draft acts of institutions of the Republic of Kosovo. These are comparative working documents, which reflect the level of compliance of national draft normative act with EU Acquis. The same are being implemented in practice from 1 January 2014. 1.2. What is the legal basis of these documents? Administrative Instruction no. 03/2013 on standards for the drafting of normative acts - Article 30; Regulation no.13/2013 on Government Legal Service - Article 14,dhe Rule of Procedure of the Assembly of 29 April 2010 Article 54. 3
4 MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE 1.3. What is the purpose for completing these documents? The essential purpose of these documents is to assess the level of compliance of a national draft normative act with EU Acquis. Explicitly, the Statement of Compliance reflects in general the correlation of specific draft act with EU Acquis and other strategic documents, while the Table of Compliance reflects in detail (article by article) the compliance of national draft normative act with EU Acquis and vice versa, providing a clear view on the level of compliance. 1.4. Where can be found the models of these documents? According to the Administrative Instruction no. 03/2013 on standards for the drafting of normative acts, the proposing body of a draft act must fill: Statement of Compliance based on Annex 15 of this Manual, and Table of Compliance Republic of Kosovo - European Union based on Annex 16 of the Manual and Table of Compliance European Union - Republic of Kosovo based on Annex 17 of the Manual. 1.5. Who fills these documents? Table of Compliance and Statement of Compliance are filled by the proposing body during the process of legal drafting in order to facilitate the process of legal approximation and to enable the provision of concrete information about the level of compliance of national draft normative act with EU Acquis. It is strongly recommended the Tables of Compliance to be completed by the drafters during the drafting process and not later by other officials who were not part of the drafting process. 1 http://mei-ks.net/repository/docs/udhezime_praktike_per_perafrimin_e_legjislacionit_vendor_me_ate_te_be-se.pdf 4
MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE 5 1.6. For which acts should these documents be filled? Table of Compliance and Statement of Compliance must be filled for any draft legal and sub-legal act proposed for approval by the proposing authority. It is worth mentioning that when the field regulated by the national draft normative act is not a field that is specifically regulated by EU Acquis, then it is not necessary to fulfil the Table of Compliance, but only the Statement of Compliance of Legislation of Republic of Kosovo with the EU Acquis, declaring that there is no EU legislation that regulates this field, as it is determined by the legislation in force. 1.7. What are the steps that need to be taken after completing these documents? Documents filled together with the draft act and other accompanying documents should be sent in hard and electronic copy to the Department of EU Law of the Ministry of European Integration, which, within the legal deadline of 15 working days issues the Legal Opinion on Compliance with EU Acquis of the draft act in question. Department of EU Law is the key authority for providing any type of assistance on issues related to the approximation of national legislation with EU Acquis in general and in fulfilment of the Table of Compliance and Statement of Compliance in particular. 1.8. In what language should these documents be prepared? Statement of Compliance shall be prepared by the proposing body in three languages: Albanian, Serbian and English. In the absence of translated and certified versions of the acts of EU Acquis, then the Tables of Compliance should be drafted only in English. In the future, after the official translation and certification of these acts, they could be drafted in the official languages of Republic of Kosovo. Ministry of European Integration is the main authority for translating and certifying translated versions of EU Acquis. 3 Regulation on the Process of Translation of EU Acquis into official languages of the Republic of Kosovo - No. 02/2015 5
2. TABLE OF COMPLIANCE EUROPEAN UNION - REPUBLIC OF KOSOVO Below are the instructions for completing the Table of Compliance European Union - Republic of Kosovo 6
1. Title of the normative act: Council Directive (Instruction: At this point it is placed the title of the act of EU Acquis) 2. Proposing body: European Commission 3. Table drafted on: day/month/year Republika e Kosovës Republika Kosova - Republic of Kosovo Qeveria - Vlada - Government Ministria e Ministarstvo Ministry of 4. List of relevant national legislation (full title of the act and number)which is transposed with the relevant act of EU (Instruction: At this point are placed all national normative acts within which are transposed the provisions of the act of the EU Acquis mentioned in point 1 of this Table. There are cases where an act of EU Acquis is transposed into two or more national normative acts) 5. The level of compliance (fully compliant, partially compliant, not compliant or not applicable) of the normative act with EU legislation: (Instruction: After comparing the provisions of the act of EU Acquis with the provisions of national normative acts, it is necessary to determine the overall level of approximation. So, the level of approximation at this point should be noted after filling the table and assessing the level of approximation) 7
European Union Republic of Kosovo a) b) c) d) EU normative act (Article, paragraph, sub-paragraph, etc.) (Instruction: In this column are placed the provisions of the act of the EU Acquis. These provisions must be physically separated in lesser part of the respective act (article, paragraph, subparagraph, etc.). It is recommended for the official in charge to fill initially the column a) and then column b) of the table, considering the physical separation mentioned above. Provisions of normative act of Kosovo(Article, paragraph, sub-paragraph, etc.) (Instruction: In this column are placed the provisions of national normative act within which are transposed the provisions of the act of EU Acquis. In cases when the transposition is done in two or more national normative acts, it must be placed the title of that act and denomination of the relevant article of this act before the citation of the concrete provision of national act.) Compliance of EU legislation with Kosovo legislation (fully compliant, partially compliant, non-compliant or not applicable) (Instruction: After comparing the act of EU Acquis with national normative act, each article (or paragraph, subparagraph) is assessed and it is noted the level of compliance in one of the categories mentioned above) Notes on reasons for partial compliance or non-compliance and the period foreseen for achieving full compliance. (Instruction: In cases when the provisions of EU are not transposed or are partially transposed, in which occasion the level of compliance is assessed as partially compliant or not compliant, then the proposing body shall submit the following information: 1. Reason for partial compliance or non-compliance. 2. Timeline when such provisions are expected to be transposed into national legislation. This information is placed after proper analysis of policy priorities that the institution has set. 8
Below is an example of the Table of a Compliance European Union - Republic of Kosovo, completed. Note:The example below serves only to illustrate the methodology of filling the Table, so the same does not reflect the actual provisions of legislation in question and the real level of compliance. Republika e Kosovës Republika Kosova - Republic of Kosovo Qeveria - Vlada - Government Zyra e Kryeministrit Ured Premijera Office of the Prime Minister 1. Title of the normative act: Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) 2. Proposing body: European Commission 3. Table drafted on: 10 March 2015 4. List of relevant national legislation (full title of the act and number)in which is transposed the relevant act of EU - Law No. 05/L-021on the Protection from Discrimination - Law No.05/L-020 on Gender Equality 5. The level of compliance (fully compliant, partially compliant, not compliant or not applicable) of the normative act with EU legislation: Partially compliant 9
a) b) c) d) Normative act of Kosovo (Article, paragraph, sub-paragraph, etc.) Provisions of the normative act of Kosovo (Article, paragraph, sub-paragraph, etc.) Compliance of Kosovo legislation with EU legislation (fully compliant, partially compliant, non-compliant or not applicable) Comments on reasons for partial compliance or non-compliance and the period foreseen for achieving full compliance. Directive 2006/54/EC Article 19 Burden of proof 1. Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment. Law on the protection from discrimination Article 20 Burden of proof 1. When persons who consider that the principle of equal treatment has not been applied to them, submits before an administrative authority or a competent court, proofs from which it may be presumed that there has been direct or indirect discrimination. 2. Burden of proof shall be upon the respondent, who should prove that there has been no breach of the principle of equal treatment. Fully compliant 10
Article 5 Prohibition of discrimination Without prejudice to Article 4, there shall be no direct or indirect discrimination on grounds of sex in occupational social security schemes. Law on Gender Equality Article 16 The prohibition of gender discrimination in social security schemes at work 1. There shall be no direct or indirect discrimination on grounds of sex in all occupational social security schemes. Partially compliant The reason for the partial compliance is because the Law on Gender Equality provides only direct discrimination, and not the indirect discrimination. The reason for not including indirect discrimination consists in analyzing and identifying the potential cases of indirect discrimination. After conducting this analysis, it is expected to be formulated the definition of indirect discrimination and the same to be included in provisions of this Law. The analysis is foreseen to be completed within 1 year from the entry into force of this Law, and amendment-supplement of the Law is expected to be concluded by June 2016. 11
Article 2 Definitions 1. For the purposes of this Directive, the following definitions shall apply: (b) indirect discrimination : where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary; Article 35 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Non-compliant Not applicable The reason for non-compliance is the same as the comment above. 12
3. TABLE OF COMPLIANCE REPUBLIC OF KOSOVO - EUROPEAN UNION Below are the instructions for completing the Table of Compliance Republic of Kosovo European Union 13
Republika e Kosovës Republika Kosova - Republic of Kosovo Qeveria - Vlada - Government Ministria e Ministarstvo Ministry of Possible option / alternative: 1. Title of the normative act: Law xxx... (Instruction: At this point it is placed the title of national normative act) 2. Proposing body: Ministry xxx... 3. Table drafted on: day/month/year 4. List of relevant EU legislation (full title of the act and number) with which the normative act of the Republic of Kosovo is compliant (Instruction: At this point are placed all the acts of the EU Acquis with which it is approximated the national normative act referred in point 1 of this Table. There are cases when a national normative act is approximated with two or more acts of the EU Acquis) 5. The level of compliance (fully compliant, partially compliant, not compliant or not applicable) of the normative act with EU legislation: (Instruction: After comparing the provisions of national normative act with provisions of normative acts of the EU Acquis, it is mandatory to determine the overall level of approximation. So, the level of approximation at this point must be noted after fulfilment of the table and assessment of the level of approximation) 14
Republic of Kosovo European Union a) b) c) d) Provisions of normative act of Kosovo (article, paragraph, sub-paragraph, etc.) (Instruction: In this column shall be placed the provisions of national normative act. These provisions shall be physically divided in the lesserparts of the respective act (article, paragraph, sub-paragraph, etc.). Normative act of EU (article, paragraph, sub-paragraph, etc.) (Instruction: In this column shall be placed the provisions of the act of EU Acquis. In cases where the domestic act is approximated with two or more acts of EU Acquis, then the title and denomination of the respective act of Acquis shall be placed before the citation of the specific act of EU Acquis.) Compliance of EU legislation with Kosovo legislation (fully complaint, partly complaint, non-compliant or not applicable) (Instruction: Following the comparison of the national normative act with the act of EU Acquis, the compliance level shall be assessed and written for each Article (or paragraph, sub-paragraph) in one of the abovementioned categories) Notes on partial compliance or non-compliance, as well as the period foreseen for achieving full compliance. (Instruction: In cases where the provision of the national normative act is not approximated with the act of EU Acquis or is partly approximated, where the level of compliance is assessed as partly compliant or non-compliant, the proposing body shall provide the following information: 1. The reason for partial compliance or non-compliance. 2. The deadline when the national legislation is expected to be approximated with EU legislation. This information is placed after proper analysing of policy prioritises established by the institution. 15
Below is illustrated an example of the Table of Compliance Republic of Kosovo European Union, completed. Note: The following example serves only for illustration of the methodology for fulfilling the Table, therefore, the same does not present the real provisions of the concerned legislation and the real level of compliance. Republika e Kosovës Republika Kosova - Republic of Kosovo Qeveria - Vlada - Government Zyra e Kryeministrit Ured Premijera Office of the Prime Minister 1. Title of the normative act: Law on the Protection from Discrimination 2. Proposing body: Office of the Prime Minister 3. Table drafted on: 10 March 2015 List of the relevant EU legislation (full title of the act and the number) with which the normative act of the Republic of Kosovo has been approximated - Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) - Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin 4. The level of compliance (fully compliant, partly compliant, non-compliant or not applicable) of the normative act with EU legislation: Partly compliant 16
Republic of Kosovo European Union a) b) c) d) Provisions of normative act of Kosovo (Article, paragraph, sub-paragraph, etc.) EU normative act (Article, paragraph, sub-paragraph, etc.) Compliance of the EU legislation with Kosovo legislation (fully compliant, partly compliant, non-compliant or not applicable) Notes on partial compliance or non-compliance, as well as the period foreseen for achieving full compliance. LAW ON THE PROTECTION FROM DISCRIMINATION Article 13 Lawsuits on discrimination disputes 2. Associations, organizations or other legal entities may initiate or support legal procedures on behalf of the claimants, with their consent, for the development of administrative or judicial procedures foreseen for the implementation of obligations set in this law. DIRECTIVE 2000/43/EC Article 7 2.2. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive. Partly compliant The reason for part compliance relies on the fact that the Law on the Protection from Discrimination does not provides the opportunity for other legal persons, in addition to associations and organizations to file a lawsuit against discrimination. The full compliance is expected to be achieved following the consultations with association of trade associations until the end of 2015. The amendments are foreseen to be included in the law until June of 2016. 17
Article 20 Burden of proof 1. When persons who consider that the principle of equal treatment has not been applied to them, submits before an administrative authority or a competent court, proofs from which it may be presumed that there has been direct or indirect discrimination. 2. Burden of proof shall be upon the respondent, who should prove that there has been no breach of the principle of equal treatment. Article 28 Entry into force This Law shall enter into force fifteen (15) days after publication in the Official Gazette of the Republic of Kosovo. Directive 2006/54/EC Article 19 Burden of proof 1. Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment. Fully compliant Not applicable 18
Below are the instruction on fulfilling the Statement of Compliance of the Legislation of the Republic of Kosovo with EU Acquis Republika e Kosovës Republika Kosova - Republic of Kosovo Qeveria - Vlada - Government Ministria e Ministarstvo Ministry of 4. STATEMENT OF COMPLIANCE OFLEGISLATION OF THE REPUBLIC OF KOSOVO WITH EU ACQUIS 1. Proposing body of the normative act: (Instruction: Place the name of the proposing body) 2. Title of the draft normative act (Instruction:Place the title of the draft normative act) 3. The compliance of the normative act with the provisions of the Stabilization and Association Agreement or Interim Agreement 3.1 Provisions of SAA and Interim Agreement in relation to the normative content of the normative act. (Instruction: Place the relevant Article/Articles of SAA with the provisions related to the field governed with the draft normative act) 3.2 Time period set for approximation and harmonization of the legislation in compliance with the provisions of SAA and Interim Agreement (Instruction: Place only paragraph 1 and 2 of the Article 74 of the SAA, which represents the general basis for approximation of the domestic legislation with EU acquis, as well as the first line of the Article 9 of the SAA establishing the overall association period) 3.3 Assessment of the level of fulfilment of the duty/obligation deriving from the abovementioned provisions of SAA and Interim Agreement. (Instruction: Evaluate the level of contribution of the draft normative act in the implementation of the Article/Articles determined in point 3.1.) 3.4 Reasons for partial fulfilment or non-fulfilment/failure to fulfil the duty deriving from the abovementioned provisions of SAA and Interim Agreement. (Instruction: Place the reasoning only in cases when the implementation of Article/Articles, determined in point 3.1, is partial or there is no implementation) 3.5 Relation to the National Integration Program NIP/NPAA (in the current case relation to the WPEP) (Instruction: Describe the relation of the draft normative act with the National Plan for the Implementation of the SAA, namely with the part of Matrix/Legislative Measures of NPISAA) 19
20 MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE 4. Compliance of legislation with the EU Acquis (Instruction: Within this point, respectively points 4.1, 4.2 and 4.3 are listed the relevant sources of EU Law for the national normative draft act. Also, the assessment of the level of compliance of the national normative draft act with every listed act is compulsory. In cases when there is no relevant EU Acquis for the concerned draft act, these points are fulfilled with the phrase Not applicable ) 4.1 List of primary sources of EU law and compliance with them (Instruction: Primary sources of EU Acquis are: Establishing Treaties of EU, other main Treaties, as well as the general principles of EU Law) 4.2 List of secondary sources of EU law and compliance with them. (Instruction: Secondary sources of EU Acquis are: unilateral legal acts issued by the EU institutions based on the established rules (Regulations, Directives, Decisions, Recommendations and Opinions), as well as Conventions and Agreements between EU and a third country or an organization/third party. 4.3 List of other sources of EU law and compliance with them. (Instruction: Another source of EU Law is the case law of the Court of Justice of the European Union) 4.4 Reasons for partial compliance or non-compliance. (Instruction: In cases where the provision of the national normative acts is not approximated with the abovementioned acts of EU Acquis, or it is partly approximated, where the level of compliance is assessed as partly compliant or non-compliant, the proposing body is obliged to provide the reason for partial compliance or non-compliance. 4.5 Time period set for the complete realization of compliance of legislation with EU Acquis. (Instruction In this point, the proposing body is obliged to provide the time period when the national legislation is expected to be approximated with abovementioned acts of EU Acquis. This information is placed following the proper analysing of the policy priorities established by the institution.) 5. Specify when there is no EU legislation with which compliance is required. (In this case, it is not necessary to fulfil the Table of Compliance with legislation). 20
MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE 21 (Instruction In cases when there are acts of EU Acquis relevant for the concerned draft act, then this point shall be fulfilled with the phrase Not applicable, Whereas, in cases when there are no acts of EU Acquis relevant to the concerned draft act, then this point shall be fulfilled with the phrase There is no EU legislation with which the compliance is required ) 6. Are the above mentioned sources of EU law translated in official languages? (Instruction: In this point, the proposing body shall state in case the abovementioned acts of EU Acquis are translated into official languages. In cases when there are translated versions which the proposing body used during the approximation of the national normative act with EU Acquis, then it should be stated that these translated versions are certified versions in accordance with the Regulation No. 02/2015 on the Process of Translation of EU Acquis into Official Languages of the Republic of Kosovo. In case these versions are not official or certified, then the proposing body shall state the authority which translated these acts (e.g. translators within the institution; external contracted translators; various projects; donors, etc.). In case there are no translated versions of these acts, then the proposing body shall state that the abovementioned acts of EU Acquis are not translated into official languages.) 7. Participation of consultants in drafting the normative acts and their opinion on compliance (attach the letters of consultants regarding the drafting of normative acts). (Instruction In this point, the proposing body shall state the name of the consultant involved in drafting the draft act, institution or the project which represents and should include the comments provided in writing) 8. Signature of the Head of the Legal Department of the state body, or other proposer of the normative act. (Instruction The signature is mandatory) 9. The signature of the Minister or the head of the state body, or other proposer of the normative act. (Instruction The signature and the stamp are mandatory) Signature, date and stamp 21
22 MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE Below is an example of the Statement of Compliance of the Legislation of the Republic of Kosovo with EU Acquis Note: The example below serves only for illustration of the methodology for fulfilling the Statement; therefore, the same does not present the real information and real level of compliance. Republika e Kosovës Republika Kosova - Republic of Kosovo Qeveria - Vlada - Government Zyra e Kryeministrit Ured Premijera Office of the Prime Minister STATEMENT OF COMPLIANCE OF LEGISLATION OF THE REPUBLIC OF KOSOVO WITH THE EU ACQUIS 1. The proposing body of the normative act: Office of the Prime Minister 2. Title of the draft normative act: Law on the Protection from Discrimination 3. The compliance of the normative act with the provisions of the Stabilization and Association Agreement or Interim Agreement 3.1 Provisions of SAA and Interim Agreement in relation to the normative content of the normative act. Article 4 Kosovo commits to abide by international law and instruments, in particular, but not only, related to the protection of human and fundamental rights, to the protection of persons belonging to minorities, and without discrimination on any ground. Article 106 Social cooperation The Parties shall cooperate to facilitate the reform of employment policy in Kosovo, in the context of strengthened economic reform and integration, and with a view to supporting inclusive growth. Cooperation shall also seek to promote social dialogue as well as gradual legal approximation of Kosovo legislation on labour, health, safety at work and equal opportunities for women and men, for persons with disabilities and for persons belonging to minorities and other vulnerable groups to the EU acquis, taking as a reference the level of protection existing in the EU. This may also include Kosovo s alignment with the EU acquis in the field of labour law and regarding women s working conditions. Cooperation shall also promote the adoption of comprehensive social inclusion and anti discrimination policies in Kosovo... 22
MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE 23 Article 107 Education and training...the Parties shall also cooperate with the aim of ensuring that access to all levels of education and training in Kosovo is free of discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Cooperation shall seek to address the needs of students with disabilities in Kosovo. 3.2 Time period set for approximation and harmonization of the legislation in compliance with the provisions of SAA and Interim Agreement Article 74 1. The Parties recognise the importance of the approximation of the existing legislation in Kosovo to that of the EU and of its effective implementation. Kosovo shall endeavour to ensure that its existing law and future legislation will gradually be made compatible with the EU acquis. Kosovo shall ensure that existing law and future legislation will be properly implemented and enforced. 2. This approximation shall start on the date of signature of this Agreement, and shall gradually extend to all the elements of the EU acquis referred to in this Agreement by the end of the transitional period defined in Article 9. Article 9 The association shall be progressively and fully realised over a period of ten years. 3.3 Assessment of the level of fulfilment of the duty/obligation deriving from the abovementioned provisions of SAA and Interim Agreement. Proposing institution considers that following the approval of the Anti-Discrimination Law, the Articles mentioned in point 3.1 will be considerably implemented. 3.4 Reasons for partial fulfilment or non-fulfilment/failure to fulfil the duty deriving from the abovementioned provisions of SAA and Interim Agreement. Anti-Discrimination Law did not fully transpose standards established by EU legislation, as requested by the SAA, due to reasons mentioned in point 4.4. 3.5 Relation to the National Integration Program NIP/NPAA (in the present case relation to the WPEP): Not applicable 4. Compliance of legislation with the EU Acquis: Partly Compliant 4.1 List of primary sources of EU law and compliance with them: There are no primary sources of EU Law that cover this field. 4.2 List of secondary sources of EU law and compliance with them. 23
24 MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) Partly compliant Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin - Partly compliant 4.3 List of other sources of EU law and compliance with them. There are no other sources of EU Law that cover this field. 4.4 Reasons for partial compliance or non-compliance. Reasons for partial compliance are: a) The domestic legislation provides only direct discrimination, and not the direct discrimination; b) Law on Protection from Discrimination does not provide the opportunity for other legal persons, in addition to associations and organizations, to file a lawsuit against discrimination. 4.5 Time period set for the complete realization of compliance of legislation with the EU Acquis. June 2016 for both points. 5. Specify when there is no EU legislation with which compliance is required. Not applicable 6. Are the above mentioned sources of EU law translated into official languages? Not translated 7. Participation of consultants in drafting normative acts and their opinions on compliance (attach documents of consultantsregarding the drafting of normative acts). The joint project between the European Union and Council of Europe titled Re-evaluation of the Protection of Human Rights in Kosovo. Along with the statement of compliance are attached the letters which include the recommendation for the project in question. 8. Signature of the Head of the Legal Department of the state body, or other proposer of the normative act. 9. Signature of the Minister or the head of the state body, or other proposer of the normative act. Signature, date and stamp 24
MANUAL ON COMPILING THE TABLES AND STATEMENT OF COMPLIANCE 25 5. ADDITIONAL INSTRUCTIONS The format of the page of Tables of Compliance shall be horizontal landscape as it provides more space to read and write in larger columns, as well as the comparison is easier. Landscape versions of Tables of Compliance are available in the following link: http://www.mei-ks.net/sq/ perafrimi-i-legjislacionit-vendor-me-legjislacion-te-be-se Annexes 16 and 17. Tables shall be fulfilled based on this example and no change of the format, font style or other modification is allowed. The text of the act of EU Acquis and national normative act is placed in entirety, starting from Article 1, in the Table of Compliance EU Republic of Kosovo and Republic of Kosovo - EU. It is not allowed the use of initials during the fulfilment of the tables. The content placed in tables shall be identical with the content of the relevant act. In cases when in Tables of Compliance are cited two or more national normative acts, or two or more acts of EU Acquis, then the full title of the act shall be stated before each specific Article of these acts, as foreseen in the example of the Table illustrated above. In cases when the EU legislation is transposed, in the provisions of the purpose (Article 1) of the national normative act,the EU legislation shall be listed which was transposed during the drafting of the normative act, as defined in Annex no. 13 of the Administrative Instruction No.03/2013 on the Standards for the Drafting of Normative Acts. For more detailed information regarding the process of approximation and translation of EU Acquis, visit the link http://mei-ks.net/sq/perafrimi-dhe-perkthimi-i-legjislacionit-te-be-se-nekosove 25