Data Act · Regulation (EU) 2023/2854
Article 45
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 3 parts · 3 Council drafts · 2 Parliament amendments
Source notes (1)
- The proposal prints a complete paragraph but omits the final outer closing quotation mark. The published text supplies no missing words and does not silently add the mark.
Removed wording is struck through; added or replacement wording is highlighted.
Institutional text
European Commission proposal
All Commission’s changes to Data ActThe wording proposed by the Commission at the start of this legislative file.
Full article with Commission changes
Article with proposed changes
Official consolidated text dated 13 December 2023, with all 3 Commission proposal changes affecting this article applied.
Article 45
Exercise of the delegation
- 1.
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
- 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
from 11 January 2024. - 3.
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.
- 4.
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.
- 5.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
- 6.
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.
No standalone Commission wording is mapped to this tracked part. A newly proposed provision may have no earlier text of its own.
Commission source wording and instructions
Article 45(2)
Commission proposal
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.
Article 45(3)
Commission proposal
3. 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.
Article 45(6)
Commission proposal
6. 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.
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
Article in June Presidency compromise · 10 June Council text
Comparison basis: Existing law (13 December 2023) compared with June Presidency compromise · 10 June (10 June 2026)
Article 45
Exercise of the delegation
- 1.
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
- 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
from 11 January 2024. - 3.
The delegation of power referred to in Article 29(7), Article 32u(2), Article 32x(7), 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.
- 4.
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.
- 5.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
- 6.
A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article 32x(7), 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.
Article 45(2)
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
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.
Article 45(3)
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
The delegation of power referred to in Article 29(7), Article 32u(2), Article 32x(7), 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.
Article 45(6)
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article 32x(7), 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.
Article in June Presidency compromise · 18 June Council text
Comparison basis: Existing law (13 December 2023) compared with June Presidency compromise · 18 June (18 June 2026)
Article 45
Exercise of the delegation
- 1.
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
- 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
from 11 January 2024. - 3.
The delegation of power referred to in Article 29(7), Article 32u(2), Article 32x(7), 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.
- 4.
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.
- 5.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
- 6.
A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article 32x(7), 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.
Article 45(2)
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
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.
Article 45(3)
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
The delegation of power referred to in Article 29(7), Article 32u(2), Article 32x(7), 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.
Article 45(6)
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article 32x(7), 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.
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 45
Exercise of the delegation
- 1.
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
- 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
from 11 January 2024. - 3.
The delegation of power referred to in Article 29(7), Article 32u(2), Article 32x(7), 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.
- 4.
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.
- 5.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
- 6.
A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article 32x(7), or Article 33(2) shall enter into force only if no objection has been expressed
eithercither 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.
Article 45(2)
September Presidency compromise
Council wording reconstructed for this provision from the official operation
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.
Article 45(3)
September Presidency compromise
Council wording reconstructed for this provision from the official operation
3. The delegation of power referred to in Article 29(7), Article 32u(2), Article 32x(7), 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.
Article 45(6)
September Presidency compromise
Council wording reconstructed for this provision from the official operation
6. A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article 32x(7), or Article 33(2) shall enter into force only if no objection has been expressed cither 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.
Article 45(2) 3 Council drafts
Article 45(2)
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
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.
Article 45(2)
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
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.
Article 45(2)
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
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.
Article 45(3) 3 Council drafts
Article 45(3)
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
The delegation of power referred to in Article 29(7), Article 32u(2), Article 32x(7), 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.
Article 45(3)
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
The delegation of power referred to in Article 29(7), Article 32u(2), Article 32x(7), 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.
Article 45(3)
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
3. The delegation of power referred to in Article 29(7), Article 32u(2), Article 32x(7), 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.
Article 45(6) 3 Council drafts
Article 45(6)
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article 32x(7), 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.
Article 45(6)
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article 32x(7), 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.
Article 45(6)
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
6. A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article 32x(7), or Article 33(2) shall enter into force only if no objection has been expressed cither 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.
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
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Alternative wording Amendment 908 · Mary Khan ITRE · LIBE
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.
against:
Article 45
Exercise of the delegation
- 1.
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
- 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 oftimefive 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. - 3.
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.
- 4.
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.
- 5.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
- 6.
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.
Alternative wording Amendment 909 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
against:
Article 45
Exercise of the delegation
- 1.
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
- 2.
The power to adopt delegated acts referred to in Article 29(7), Article 32u(2)
andArticle 33(2) and Article 5.1(a) shall be conferred on the Commission for an indeterminate period of time. - 3.
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.
- 4.
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.
- 5.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
- 6.
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.
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Article 45(2)
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
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Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 45(2)
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
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Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 45(2)
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 45(2)
Wording reproduced in the amendment → Amendment 908 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 908 · ITRE–LIBE amendments 777–1052 to the draft report
Article 45(2)
Wording reproduced in the amendment → Amendment 909 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
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Both texts in full
Wording reproduced in the amendment
Amendment 909 · ITRE–LIBE amendments 777–1052 to the draft report
Article 45(3)
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
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Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 45(3)
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
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Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 45(3)
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
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Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 45(6)
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
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Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 45(6)
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 45(6)
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded