Art. 38a · Exercise of the delegation

Version in force 1 June 2011, Inserted +840 −0§

Amended by Regulation (EU) No 513/2011 32011R0513 on EUR-Lex (external, EUR-Lex)

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A new Article 38a is added, setting out that the Commission's power to adopt delegated acts under the specified provisions is conferred for a four-year period starting 1 June 2011, with a report due at least six months before that period ends and automatic extension unless revoked under Article 38b.

The new article also states that the Commission must notify the European Parliament and the Council simultaneously upon adopting a delegated act, and that the power to adopt such acts is subject to the conditions in Articles 38b and 38c.

Cited: Art. 38a, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Article 38a
Exercise of the delegation
1.
The power to adopt delegated acts referred to in the third subparagraph of Article 5(6), Article 19(2), Article 23e(7) and Article 37 shall be conferred on the Commission for a period of four years from 1 June 2011. The Commission shall draw up a report in respect of the delegated power at the latest six months before the end of the four-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 38b.
2.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
3.
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 38b and 38c.