EU jargon can be baffling for those not familiar with the processes and instruments. Here EPHA profiles the different instruments which form part of the policy making process. This article focuses on Regulation And Decisions and is part of a series articles on: regulations, directives, decisions, recommendations and opinions.
REGULATION
A regulation is a legislative act that is immediately enforceable to and binding for all Member States simultaneously; it does not require any domestic legislation for its implementation, contrary to a directive (insert link to Directive here). A regulation says the law and does not need means of implementation; therefore it should be thoroughly thought for and carefully drafted. A regulation when coming into force overrides any piece of national legislation on the same matter.
It is not very common to find regulations for EU health matters, but the December 2006 Regulation on nutrition and health claims made on foods is to note, together with the the Regulation on nutrition and health claims made on foods and the Regulation of 22 October 2010 refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children’s development and health.
DECISIONS
Decisions are EU laws relating to specific cases. They can come from the EU Council (sometimes jointly with the European Parliament) or the Commission.
They can require authorities and individuals in Member States either do something or stop doing something, and can also confer rights on them.
EU decisions are:
• addressed to specific parties (unlike regulations),
• fully binding.
(http://ec.europa.eu/eu_law/introduction/what_decision_en.htm)