Article 50 Digital Operational Resilience Act (DORA), Exercise of the Delegation
Article 50 of the Digital Operational Resilience Act (DORA) outlines the framework for delegating powers to the European Commission to adopt delegated acts related to the regulation. This article specifies the conditions and procedures under which these powers can be exercised, ensuring a structured and transparent approach to regulatory implementation and oversight. The delegation process is designed to enhance the efficiency and effectiveness of regulatory measures while maintaining a balance of power and accountability among the European Parliament, the Council, and the Commission. Below is a detailed explanation of how the exercise of this delegation is governed.
Delegation Of Power
The power to adopt delegated acts, as outlined in Articles 28(3) and 38(2) of DORA, is conferred on the European Commission. This delegation is granted for a period of five years from the date specified in the Regulation, which is five years after the Regulation’s entry into force. This time frame ensures that the Commission has sufficient authority to implement and adapt regulatory measures as needed.
Revocation Of Delegation
The European Parliament or the Council has the authority to revoke the delegation of power at any time. If such a decision is made, it will terminate the delegation of power as specified. The revocation takes effect the day after the decision is published in the Official Journal of the European Union or on a later date specified in the decision. Importantly, any delegated acts already in force remain valid despite the revocation, ensuring that previously established regulations continue to apply until they are amended or repealed.
Consultation With Experts
Before adopting a delegated act, the European Commission is required to consult with experts designated by each Member State. This consultation process is in line with the principles set out in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. This ensures that the expertise of Member States is considered, promoting well-informed and balanced regulatory decisions.
Notification And Objection Procedure
Upon adopting a delegated act, the Commission must notify both the European Parliament and the Council simultaneously. This notification ensures that both legislative bodies are informed of the new act and can review it accordingly.
A delegated act will only come into force if neither the European Parliament nor the Council objects within a two-month period from the date of notification. If either body expresses objections or informs the Commission of their intent to object within this period, the act will not be enacted. Additionally, this two-month review period may be extended by another two months if either the European Parliament or the Council initiates such an extension. This procedure provides a safeguard against hastily adopted measures and ensures that there is adequate time for scrutiny and potential revision.
In summary, Article 50 of DORA establishes a clear and structured process for the delegation of regulatory powers to the European Commission. It includes provisions for revocation, consultation, notification, and objection, thereby ensuring that the adoption and implementation of delegated acts are carried out in a transparent and accountable manner. This process helps maintain regulatory integrity and supports the effective execution of DORA's objectives.
