Regulation (EU) 2016/792 of the European Parliament and of the CouncilShow full title

Article 10 Exercise of the delegation

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

2. When exercising the power delegated in Articles 4(3), 4(5) and 5(8), the Commission shall ensure that the delegated acts do not impose a significant additional burden on Member States or on the respondents.

In addition, the Commission shall duly justify the actions provided for in those delegated acts, considering, where appropriate, cost-effectiveness, including the burden on respondents and the production costs in accordance with Article 14(3) of Regulation (EC) No 223/2009.

The Commission shall follow its usual practice and carry out consultations with experts, including Member States' experts, before adopting those delegated acts.

3. The power to adopt delegated acts referred to in Articles 4(3), 4(5) and 5(8) shall be conferred on the Commission for a period of five years as from 13 June 2016. The Commission shall draw up a report in respect of the delegation of power no 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 no later than three months before the end of each period.

4. The delegation of power referred to in Articles 4(3), 4(5) and 5(8) 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.

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 4(3), 4(5) and 5(8) 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.