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Regulation (EU) 2023/588 CHAPTER IX — Delegated and implementing acts

Article 45–Article 47 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Exercise of the delegation

Article 45

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 8(4) and 41(3) shall be conferred on the Commission until 31 December 2028. 3.   The delegation of power referred to in Articles 8(4) and 41(3) 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 act 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 Article 8(4) or Article 41(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council.

Urgency procedure

Article 46

1.   Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2.   Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 45(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

Committee procedure

Article 47

1.   The Commission shall be assisted by the Programme committee established by Article 107 of Regulation (EU) 2021/696, in the GOVSATCOM configuration. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. For the purposes of the adoption of implementing acts referred to in Articles 5(3) and 30(3) of this Regulation, the Programme committee referred to in the first subparagraph of this paragraph shall meet in the security configuration referred to in Article 107(1), point (e), of Regulation (EU) 2021/696. For the purposes of the adoption of implementing acts referred to in Articles 9(2) and 10(4) of this Regulation, the Programme committee in the security configuration referred to in Article 107(1), point (e), of Regulation (EU) 2021/696 shall be duly involved. 2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 3.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 4.   Where the Programme committee delivers no opinion on the draft implementing act referred to in Article 30(3) of this Regulation, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph of Regulation (EU) No 182/2011 shall apply.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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