Rule 40 : Delegation of legislative powers and conferral of implementing powers

1.   When scrutinising a proposal for a legislative act which delegates powers to the Commission as provided for in Article 290 of the Treaty on the Functioning of the European Union, Parliament shall pay particular attention to the objectives, content, scope and duration of the delegation, and to the conditions to which it is subject.

2.   When scrutinising a proposal for a legislative act which confers implementing powers pursuant to Article 291 of the Treaty on the Functioning of the European Union, Parliament shall pay particular attention to the fact that, in exercising an implementing power, the Commission may neither amend nor supplement the legislative act, even in respect of its non-essential elements.

3.   The committee responsible for the subject-matter may at any time request the opinion of the committee that is responsible for the interpretation and application of Union law.

4.   In addition, the committee responsible for the interpretation and application of Union law may, on its own initiative, take up questions concerning the delegation of legislative powers and the conferral of implementing powers. In such cases, it shall duly inform the committee responsible for the subject-matter.