Chapter VIII – Implementing and delegated acts (Art. 39-40)

Art. 39 KIDS Act - Exercise of the delegation arrow_right_alt

The power to adopt delegated acts is conferred upon the Commission subject to the conditions laid down in this Article.
The delegation of power referred to in Articles 2(5), 6(6), 7(6), 20(7), 25(1), 26(3), 30(3) and 36(6) shall be conferred on the Commission for a period of five years from [same day as date of entry into force]. 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.
The delegation of power referred to in Articles 2(5), 6(6), 7(6), 20(7), 25(1), 26(3), 30(3) and 36(6) 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.
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.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
A delegated act adopted pursuant to Articles Articles 2(5), 6(6), 7(6), 20(7), 25(1), 26(3), 30(3) and 36(6) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 three months at the initiative of the European Parliament or of the Council.

Art. 40 KIDS Act - Committee procedure arrow_right_alt

The Commission shall be assisted by a committee (‘the Child Safety Committee’). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.

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