Art. 38b

in force 2011-06-01 INSERTED+872 −0§

Amended by Regulation (EU) No 513/2011 32011R0513

applies from: unknown (an inserted provision states its own application date only in prose)

Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.

This provision is entirely new, adding an Article 38b that sets out a procedure for the European Parliament or the Council to revoke the delegation of power referred to in the third subparagraph of Article 5(6), Article 19(2), Article 23e(7) and Article 37.

It further describes that the institution beginning an internal procedure to consider revocation is to try to inform the other institution and the Commission within a reasonable time before a final decision, and that a revocation decision ends the specified delegation, takes effect immediately or on a later date stated in it, does not affect the validity of already-in-force delegated acts, and is to be published in the Official Journal of the European Union.

Cited: Art. 38b, v2

Article 38b
Revocation of the delegation
1.
The delegation of power referred to in the third subparagraph of Article 5(6), Article 19(2), Article 23e(7) and Article 37 may be revoked at any time by the European Parliament or by the Council.
2.
The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation.
3.
The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.