Art. 38c · Objections to delegated acts

Version in force 1 June 2011, Inserted +1,139 −0§

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

Applies from: not readable (an inserted provision states its own application date only in prose) why

Not in every listWhat this means

Found in the text, but not every source lists it — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. The source that does not name it is the EU's own amendment metadata. All are shown; none is overruled.

Explanation, written by a model and checked against the cited text

This is a new article setting out a procedure by which the European Parliament or the Council may object to a delegated act within three months of notification, a period extendable by three months at either institution's initiative.

It further provides that if neither institution objects within that period the delegated act is published in the Official Journal and enters into force on the date stated in it, or earlier if both institutions have told the Commission they do not intend to object, whereas an objection from either institution within the period prevents the act from entering into force and requires the objecting institution to state its reasons.

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

v1 is the previous version, v2 this one.

Article 38c
Objections to delegated acts
1.
The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification.
At the initiative of the European Parliament or the Council that period shall be extended by three months.
2.
If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
3.
If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. In accordance with Article 296 of the Treaty on the Functioning of the European Union, the institution which objects shall state the reasons for objecting to the delegated act.