Exercise of the delegation


TL;DR The Digital Operations Resilience Act from the EU grants the Commission the power to adopt delegated acts for a period of five years from 17 January 2024. There is a requirement for the Commission to put together a report during this time and the power to adopt delegated acts can be revoked by either the Parliament or Council. Before adopting a delegated act, the Commission is required to consult experts. The delegated act should be notified to the Parliament and Council and take effect once no objection has been raised within 3 months, which can be extended a further 3 months at the initiative of the Parliament or Council.
  1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

  2. The power to adopt delegated acts referred to in Articles 31(6) and 43(2) shall be conferred on the Commission for a period of five years from 17 January 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

  3. The delegation of power referred to in Articles 31(6) and 43(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

  4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

  5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

  6. A delegated act adopted pursuant to Articles 31(6) and 43(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.