Amendment 908· Data Act Article 45(2)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(2) The power to adopt delegated acts referred to in Article 29(7), Article 32u(2) and Article 33(2) shall be conferred on the Commission for an indeterminatea period of timefive years after entry into force of this Regulation.’ The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period. Any extension shall require the express approval of the European Parliament and of the Council.
Struck CommissionHighlighted amendment
Data Act Article 45 with this amendment
Amendment 908 applied to the Commission proposal, no other amendment
Unchanged: (1)
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in Article 29(7), Article 32u(2) and Article 33(2) shall be conferred on the Commission for an indeterminatea period of timefive years after entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period. Any extension shall require the express approval of the European Parliament and of the Council.
Unchanged: (3), (4), (5) and (6)
The delegation of power referred to in Article 29(7), Article 32u(2) and Article 33(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 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 Article 29(7), Article 32u(2) or Article 33(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three 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.
Struck removed Highlighted added Full text on the Data Act Article 45 page
Justification
Essential rules of the data economy must be the responsibility of the legislator. Delegated powers must be strictly limited in time and subject to regular political scrutiny.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceData Act, Article 45(2)
The power to adopt delegated acts referred to in Article 29(7) and Article 33(2) shall be conferred on the Commission for an indeterminate period of time from 11 January 2024.
Commission proposalCOM(2025) 837
2. The power to adopt delegated acts referred to in Article 29(7), Article 32u(2) and Article 33(2) shall be conferred on the Commission for an indeterminate period of time.
Council text of 22 October 2026ST 14756/26
2.The power to adopt delegated acts referred to in Article 29(7), Article 32u(2), Article 32x(7),and Article 33(2) shall be conferred on the Commission for an indeterminate period of time.
Cite this amendment
Amendment 908 (Mary Khan), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), p. 78
Link, short form and official text
Amendment 908 (Mary Khan), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), p. 78
ITRE–LIBE Amendment 908 (CJ72-AM-791072), p. 78