Rule 105  : Delegated acts

1.    When the Commission forwards a delegated act to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to appoint a rapporteur to consider one or more delegated acts.

2.    The President shall announce to Parliament the date on which the act was received in all the official languages and the period during which objections may be raised. The period in question shall commence on that date.

The announcement shall be published in the minutes of the sitting together with the name of the committee responsible.

3.    In accordance with the provisions of the basic legislative act and – if the committee responsible considers it appropriate to do so – after consulting any committees concerned, the committee responsible may table a reasoned motion for a resolution. That motion for a resolution shall state the reasons for Parliament’s objections and may incorporate a request to the Commission to submit a new delegated act which takes account of Parliament’s recommendations.

4.    If, 10 working days prior to the start of the part-session the Wednesday of which falls before and closest to the day of expiry of the deadline referred to in paragraph 5, the committee responsible has not tabled a motion for a resolution, a political group or at least 40 Members may table a motion for a resolution on the matter for inclusion on the agenda for the part-session referred to above.

5.    Parliament shall take a decision – by the deadline laid down in the basic legislative act and by the majority stipulated in Article 290 of the Treaty on the Functioning of the European Union – on any motion for a resolution tabled.

Where the committee responsible considers that it is appropriate to extend the deadline for raising objections to the delegated act in accordance with the basic legislative act, the committee chair shall notify the Council and the Commission, on behalf of Parliament, of that extension.

6.    If the committee responsible recommends that, prior to the expiry of the deadline set in the basic legislative act, Parliament should declare that it has no objections to the delegated act:

-    it shall inform the Chair of the Conference of Committee Chairs by means of a letter setting out its reasons and table a recommendation to that effect;

-    if no objections are raised at the next meeting of the Conference of Committee Chairs, or, on grounds of urgency, by written procedure, the Chair of that body shall inform the President of Parliament, who shall in turn inform the plenary as soon as possible;

-    if, within 24 hours following the announcement in plenary, a political group or at least 40 Members object to the recommendation, it shall be put to the vote;

-    if, within the same period, no objections are raised, the proposed recommendation shall be deemed to have been approved;

-    the adoption of such a recommendation shall render inadmissible any subsequent proposal objecting to the delegated act.

7.    The committee responsible may, in accordance with the provisions of the basic legislative act, submit to Parliament a reasoned motion for a resolution revoking, in full or in part, the delegation of powers provided for by that act. Parliament shall take a decision by the majority stipulated in Article 290 of the Treaty on the Functioning of the European Union.

8.    The President shall inform the Council and Commission of the positions taken under this Rule.