Updated 05/02/2025
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Article 82 - Regulation 648/2012 (EMIR)

Attention! This article was amended after the current consolidated version was issued. The amendments apply since 24/12/2024. Please consult Regulation 2024/2987 to review the changes made to the article.

Article 82

Exercise of the delegation

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

2.   The delegation of power referred to in Article 1(6), Article 64(7), Article 70, Article 72(3) and Article 85(2) shall be conferred to the Commission for an indeterminate period of time.

3.   Before adopting a delegated act, the Commission shall endeavour to consult ESMA.

4.   A delegation of power referred to in Article 1(6), Article 64(7), Article 70, Article 72(3) and Article 85(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 power specified in that decision. The decision to revoke shall take effect on the day following that of its publication in the Official Journal of the European Union or on 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 Article 1(6), Article 64(7), Article 70, Article 72(3) and Article 85(2) 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 the act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament or 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.