Art. 97 Exercise of the delegation | AI act regulation | AI act

This is a procedural governance article that sets out the framework for how the Commission exercises its power to adopt delegated acts under the AI Act.

It does not create substantive obligations for AI operators or providers, but instead governs the relationship between the Commission, the European Parliament, and the Council when the Commission acts to supplement or amend specific parts of the regulation.

The article connects directly to a number of other articles across the regulation — including Articles 6, 7, 11, 43, 47, 51, 52, and 53 — which are the provisions that actually grant the Commission the power to adopt delegated acts on matters such as high-risk AI classification and technical documentation requirements.

Important points:

The Commission is granted delegated powers for a period of five years from 1 August 2024, with automatic renewal unless the European Parliament or the Council objects within three months of the end of each period.
The European Parliament and the Council may revoke the delegation of power at any time, though any delegated acts already in force remain valid.
Before adopting a delegated act, the Commission must consult Member State experts, and once adopted, the act only enters into force if neither the European Parliament nor the Council objects within three months of notification.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
1. The power to adopt delegated acts referred to in Article 6(6) and (7), Article 7(1) and (3), Article 11(3), Article 43(5) and (6), Article 47(5), Article 51(3), Article 52(4) and Article 53(5) and (6) shall be conferred on the Commission for a period of five years from 1 August 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.
1. The delegation of power referred to in Article 6(6) and (7), Article 7(1) and (3), Article 11(3), Article 43(5) and (6), Article 47(5), Article 51(3), Article 52(4) and Article 53(5) and (6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication 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.
1. 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.
1. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
1. Any delegated act adopted pursuant to Article 6(6) or (7), Article 7(1) or (3), Article 11(3), Article 43(5) or (6), Article 47(5), Article 51(3), Article 52(4) or Article 53(5) or (6) shall enter into force only if no objection has been expressed by either 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.