Article 57, Exercise Of The Delegation, Digital Operational Resilience Act (DORA)

Overview

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 31(6) and 43(2) shall be conferred on the Commission for a period of five years from 17 January 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Articles 31(6) and 43(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 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 Articles 31(6) and 43(2) shall enter into force only if no objection has been expressed either by the European Parliament or by 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.

Summary Of Article 57

Article 57 of the Digital Operational Resilience Act (DORA) outlines the delegation of power to the European Commission to adopt delegated acts under Articles 31(6) and 43(2). The Commission is empowered to adopt these acts for a five-year term starting on January 17, 2024, with the possibility of tacit renewal for identical periods, unless the European Parliament or Council objects three months before the end of the term.

The European Parliament or the Council can revoke the delegation at any time, with the revocation taking effect the day after its publication in the Official Journal of the European Union. This revocation does not affect the validity of any already enacted delegated acts.

Before the Commission adopts a delegated act, it must consult experts appointed by each Member State, following Better Law-Making guidelines. Upon adoption, the Commission must notify both the European Parliament and the Council. A delegated act will come into force unless there is an objection from either the European Parliament or the Council within three months of its notification, with an option for a three-month extension. This procedure ensures that delegated acts are subject to scrutiny and follow a transparent process.