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Provision history · EMIR

Art. 82 · Exercise of the delegation

European Market Infrastructure Regulation · 32012R0648 · every version of this act · on EUR-Lex (external, EUR-Lex)

3 changes recorded across 3 versions, newest first.

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Version in force , Modified +227 −70

Amended by Regulation (EU) 2024/2987 32024R2987 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2022/1671 32022R1671 on EUR-Lex (external, EUR-Lex)

Applies from: not readable (the text changed beyond its dates, so no date that moved can be read as the application date) why

dates added to the text: 2024-12-24

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

The list of articles whose delegated-act powers are referenced in paragraphs 2, 3 and 6 has been changed by adding references to Article 3(5), Article 7a(7), Article 11(3a) and Article 11(12a), and by removing the reference to Article 85(2).

Paragraph 2 also now specifies that the indeterminate period of conferral runs from 24 December 2024, a starting date not present in the earlier text.

Cited: Art. 82, v1 (external, EUR-Lex) · Art. 82, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, before and after

Previous version, in force 12 August 2022 02012R0648-20220812 → this version, in force 24 December 2024 02012R0648-20241224

Article 82 Exercise of the delegation 1. The power to adopt delegated acts is conferred to the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 1(6), Article 3(5), Article 4(3a), Article 7a(7), Article 11(3a), Article 11(12a), Article 25(2a), Article 25(6a), Article 25a(3), Article 25d(3), Article 25i(7), Article 25o, Article 64(7), Article 70, Article 72(3), 70 and Article 85(2) 72(3) shall be conferred to on the Commission for an indeterminate period of time. time from 24 December 2024. 3. The delegation of power referred to in Article 1(6), Article 3(5), Article 4(3a), Article 7a(7), Article 11(3a), Article 11(12a), Article 25(2a), Article 25(6a), Article 25a(3), Article 25d(3), Article 25i(7), Article 25o, Article 64(7), Article 70, 70 and Article 72(3) and Article 85(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 endeavour to consult ESMA and 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 1(6), Article 3(5), Article 4(3a), Article 7a(7), Article 11(3a), Article 11(12a), Article 25(2a), Article 25(6a), Article 25a(3), Article 25d(3), Article 25i(7), Article 25o, Article 64(7), Article 70, 70 or Article 72(3) and Article 85(2) shall enter into force only if no objection has been expressed either by the European Parliament or 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.

Version in force , Modified

Amended by Regulation (EU) 2019/2099 32019R2099 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

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

The list of articles whose delegated-act powers are conferred to the Commission for an indeterminate period now includes additional references to Article 25(2a), Article 25(6a), Article 25a(3), Article 25d(3), Article 25i(7) and Article 25o, alongside the previously listed provisions.

The same set of additional article references was inserted into the list of delegations that may be revoked by the European Parliament or the Council.

The same additional article references were also added to the list of provisions under which a delegated act is subject to the three-month non-objection period before entering into force.

Cited: Art. 82, v1 (external, EUR-Lex) · Art. 82, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page

Version in force , Modified

Amended by Regulation (EU) 2019/834 32019R0834 on EUR-Lex (external, EUR-Lex)

Applies from: not readable (the text changed beyond its dates, so no date that moved can be read as the application date) why

dates added to the text: 2016-04-13

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

The list of provisions whose delegated-power references apply now includes Article 4(3a) alongside the previously listed Articles 1(6), 64(7), 70, 72(3) and 85(2), in the paragraphs on the duration, revocation and entry into force of delegated acts.

The paragraph on revocation and the paragraph on prior consultation with ESMA have swapped numbering, with the consultation paragraph now also requiring the Commission to consult experts designated by each Member State in line with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

The paragraph on entry into force now states that both the European Parliament and the Council must inform the Commission of non-objection, rather than the earlier wording describing them as having both informed the Commission.

Cited: Art. 82, v2 (external, EUR-Lex) · Art. 82, v1 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page