Art. 49 Exercise of the delegation | DMA regulation | DMA

This article governs the conditions under which the Commission holds the power to adopt delegated acts under the Digital Markets Act, specifically those linked to Articles 3 and 12, which concern gatekeeper designation methodology and the updating of obligations.

It sets out the lifecycle of that delegated power: how long it lasts, how it can be extended or revoked, what consultation steps must be followed before adoption, and how the European Parliament and Council exercise scrutiny and control over any acts adopted.

Important points:

The Commission is granted the power to adopt delegated acts for a period of 5 years from 1 November 2022, with automatic extension unless the European Parliament or Council objects within 3 months of the period's end.
The European Parliament and the Council each hold the right to revoke the delegation of power at any time, though revocation does not affect the validity of delegated acts already in force.
Delegated acts only enter into force if neither the European Parliament nor the Council raises an objection within 2 months of notification, a period that either institution may extend by a further 2 months.

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 3(6) and (7) and Article 12(1), (3) and (4) shall be conferred on the Commission for a period of 5 years from 1 November 2022. The Commission shall draw up a report in respect of the delegation of power not later than 9 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 3 months before the end of each period.
1. The delegation of power referred to in Article 3(6) and (7), and Article 12(1), (3) and (4) 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 3(6) and (7), and Article 12(1), (3) and (4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to 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 2 months at the initiative of the European Parliament or of the Council.