Source: OJ L, 2024/1620, 19.6.2024

Current language: EN

Article 100 Delegated acts


Summary What does Article 100 of the Anti-money laundering authority regulation (AMLAR) say?

This article governs the procedural framework for the Commission's power to adopt delegated acts under this regulation.

It establishes the conditions under which that power operates, including how it is conferred, how it can be revoked, and the scrutiny mechanisms available to the European Parliament and the Council.

The article connects directly to Articles 27 and 77, which are the two specific provisions for which the Commission is granted delegated powers, and sets out differing objection periods depending on which of those two articles a delegated act derives from.

Important points:

  • The Commission's power to adopt delegated acts under Articles 27 and 77 is conferred for an indeterminate period from 27 December 2024, but the European Parliament or the Council may revoke that delegation at any time.
  • Before adopting a delegated act, the Commission is required to consult experts designated by each Member State.
  • Delegated acts under Article 27 are subject to a three-month objection period by the European Parliament or the Council, while those under Article 77 are subject to a shorter two-month objection period, with both periods extendable at the initiative of either institution.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

    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 Articles 27 and 77 shall be conferred on the Commission for an indeterminate period of time from 27 December 2024.

    1. The delegation of power referred to in Articles 27 and 77 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.

    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. A delegated act adopted pursuant to Article 27 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.

    1. A delegated act adopted pursuant to Article 77 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council.

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