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"A recommendation in the European Union, according to Article 288 of the [Treaty on the Functioning of the European Union] (formerly Article 249 TEC), is one of two kinds of non-legal binding acts cited in the Treaty of Rome. Recommendations are without legal force but are negotiated and voted on according to the appropriate procedure. Recommendations differ from regulations, directives and decisions, in that they are not binding for Member States. Though without legal force, they do have a political weight. The Recommendation is an instrument of indirect action aiming at preparation of legislation in Member States, differing from the Directive only by the absence of obligatory power. Common market According to the terms of the Treaty on European Union "In order to ensure the proper functioning and development of the common market, the Commission (…) formulate recommendations or deliver opinions on matters dealt with in this Treaty, if it expressively so provides or if the Commission considers it necessary." Concretely, recommendations can be used by the Commission to raze barriers of competition caused by the establishment or the modification of internal norms of a Member State. If a country does not conform to a recommendation, the Commission cannot propose the adoption of a Directive aimed at other Member Countries, in order to elide this distortion. See also * EUR-Lex References * External links * EUROPA Recommendation "
"A directive is a legal act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations, which are self-executing and do not require any implementing measures. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment then subsequently for approval or rejection. Justification There are justifications for using a directive rather than a regulation: (i) it complies with the EU's desire for "subsidiarity"; (ii) it acknowledges that different member States have different legal systems, legal traditions and legal processes; and (iii) each Member State has leeway to choose its own statutory wording, rather than accepting the Brussels' official "Eurospeak" terminology. So, for example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I; cover) could have been done perfectly well as a regulation (without bothering Member States to implement the directive), the desire for subsidiarity was paramount and thus a directive was the chosen vehicle.UK implementation Legal basis The legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC). The Council can delegate legislative authority to the Commission and, depending on the area and the appropriate legislative procedure, both institutions can seek to make laws. There are Council directives and Commission directives. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems. Legal effect Directives are binding only on the member states to whom they are addressed, which can be just one member state or a group of them. In general, however, with the exception of directives related to the Common Agricultural Policy, directives are addressed to all member states. =Implementation= When adopted, directives give member states a timetable for the implementation of the intended outcome. Occasionally, the laws of a member state may already comply with this outcome, and the state involved would be required only to keep its laws in place. More commonly, member states are required to make changes to their laws (commonly referred to as transposition) in order for the directive to be implemented correctly. This is done in approximately 99% of the cases. If a member state fails to pass the required national legislation, or if the national legislation does not adequately comply with the requirements of the directive, the European Commission may initiate legal action against the member state in the European Court of Justice. This may also happen when a member state has transposed a directive in theory but has failed to abide by its provisions in practice. Britain passed a statutory instrument, the Unfair Terms in Consumer Contracts Regulations 1994UTCCR 1994 The Unfair Terms in Consumer Contracts Regulations 1994 – SI 1994/3159, to implement the EU Unfair Terms in Consumer Contracts Directive 1993.National provisions communicated by the member states concerning Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts For reasons that are not clear, the 1994 SI was deemed inadequate and was repealed and replaced by the Unfair Terms in Consumer Contracts Regulations 1999.(SI 1999/2083) The Consumer Rights Act 2015, a major UK statute consolidating consumer rights, then abolished the 1999 SI; so presumably the 2015 Act complies with the 1993 EU directive, which remains extant. =Direct effect= Even though directives were not originally thought to be binding before they were implemented by member states, the European Court of Justice developed the doctrine of direct effect where unimplemented or badly implemented directives can actually have direct legal force. In the important case of Francovich v. Italy, the ECJ extended the principle of Van Gend en Loos Van Gend en Loos: EU Treaties are capable of creating legal rights enforceable by both natural and legal persons in the courts of Member States. to provide that Member States who failed to implement a directive could incur liability to pay damages to individuals and companies who had been adversely affected by such non-implementation. See also * EudraLex * EUR- Lex * European Union regulation * Framework decision * Law of the European Union * List of European Union directives * Policy measures of the European Union ReferencesExternal links * UK House of Commons: Report of the EU Legislative Process and scrutiny by national parliaments. * EUR-Lex, European Union Law database. * EU Legislative Procedures Directive "
"Bölkow was a West German aircraft manufacturer based in Stuttgart, Germany, and later Ottobrunn. History The company was founded in 1948 by Ludwig Bölkow, who since 1955 with Emil Weiland had developed helicopters for Bölkow Entwicklungen KG. In June 1968, Bölkow merged with the Messerschmitt AG to form Messerschmitt-Bölkow, a combination that created West Germany's largest aircraft company, with sales approaching $150 million (1968 dollars). The move was encouraged by the West German government."2 Aircraft Makers Merge In Germany", The New York Times. June 12, 1968. Page 74. Retrieved March 15, 2011. In May 1969, the new company merged with Hamburger Flugzeugbau (HFB), becoming Messerschmitt-Bölkow-Blohm (MBB). MBB was bought by Daimler-Benz in the early 1990s, becoming part of DASA, which became part of EADS in 2000. Products=Aircraft= Bölkow Bo 209 Monsun, first flight 1967 Bölkow Bo.208c Junior, built in 1966 * Bölkow Bo 207 * Bölkow Bo 208 Junior * Bölkow Bo 209 Monsun * Bölkow Phoebus, variants A, A1, B, B1, B3, C gliders =Helicopter= * Bölkow Bo 46 * Bölkow Heidelbergrotor experimental rotor system * Bölkow Bo 70 Project with experimental "Heidelberg Rotor" * Bölkow Bo 102 * Bölkow Bo 103 * MBB Bo 105 * MBB/Kawasaki BK 117 Joint project with Kawasaki =Missiles= * Cobra (missile) * HOT (missile) * MILAN * Roland (missile) References * Category:Manufacturing companies based in Stuttgart Category:Defunct aircraft manufacturers of Germany Category:Defunct helicopter manufacturers of Germany Category:Companies based in Bavaria "