Chapter XI, delegated acts, implementing powers and final provisions
Article 26: Exercise of the delegation
The article sets the duration, revocation, consultation and objection rules for delegated acts under Articles 4(9), 12(3) and 14(7).
- Citation
- Article 26, CELEX 32019L0882 (Directive)
- Binds
- The Commission, the European Parliament and the Council.
- In the instrument
- Chapter XI, delegated acts, implementing powers and final provisions
- Applies from
- 28 June 2025 for products placed and services provided from that date (Article 31(2)). The Article 4(8) 112 duty may be deferred to 28 June 2027 where a member state uses Article 31(3).
- Source
- EUR-Lex, CELEX 32019L0882
What it requires
Paragraph 1 makes the power to adopt delegated acts subject to the conditions in the article. Paragraph 2 sets the duration. The power under Article 4(9), which supplements Annex I, is conferred for an indefinite period from 27 June 2019. The powers under Article 12(3) and Article 14(7) are conferred for five years from the same date, with a report before the end of the period and tacit extension for identical periods unless the Parliament or Council opposes.
Paragraph 3 allows either institution to revoke the delegation at any time, with effect from the day after publication of the revocation or a later date stated in it, without affecting acts already in force. Paragraph 4 requires expert consultation before adoption. Paragraph 5 requires simultaneous notification to Parliament and Council. Paragraph 6 lets an act take effect only where neither institution objects within two months, a period either institution can lengthen by a further two months.
For an operator the article is a watching brief. A delegated act can add detail to Annex I, change the identification period in Article 12, or specify the Annex VI criteria, and each of those changes can move a live file.
In practice
Set a quarterly check of the Official Journal for delegated acts under Articles 4(9), 12(3) and 14(7). When one appears, note its application date and the annex or assessment it changes, then update the affected file. The check is small, but missing an act that adds binding detail to Annex I can reopen a file you thought was closed.
What to do
- Monitor the Official Journal for delegated acts under these three articles.
- Record the date and effect of each act in the compliance file.
- Reassess the affected annex or assessment when an act applies.
Evidence to keep
- A delegated-act watch log with citations and application dates.
- The updated annex mapping or assessment version.
- The change note that shows what moved.
Dates
- 2019-06-27Start of the delegation periods. (Article 26(2))
- 2024-06-27End of the first five-year period for Articles 12(3) and 14(7), subject to tacit extension. (Article 26(2))
Cross-references
Where teams get this wrong
A team can treat Annex I as frozen at the 2019 text. The delegated power exists to add binding detail, and the first act under Article 14(7) was due by 28 June 2020.
Read from the Official Journal text of Directive (EU) 2019/882, OJ L 151/70, 7 June 2019, Article 26. Check it yourself: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019L0882. This page states the provision in our own words and is not legal advice; it does not certify any product or service.