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Regulation Tracker / EU AI Act / Chapter XI

Article 97
Exercise of the delegation

Chapter XI — Exercise of the delegation. 6 distinct duties, powers or definitions are coded from this article, applying from 2026-08-02.

Amended by Regulation (EU) 2026/1744 (Digital Omnibus on AI), in force 2026-07-27 — about 39 words changed. The text below is the consolidated version of 27 July 2026; the 2024 text and the amending regulation are on EUR-Lex.

official text: EUR-Lex (consolidated 27 Jul 2026) · text © European Union (Decision 2011/833/EU) · coding CC BY 4.0 · data: obligations.json · Hugging Face · GitHub

The text

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 6(6) and (7), Article 7(1) and (3), Article 11(3), Article 43(5) and (6), Article 47(5), Article 51(3), Article 52(4) and Article 53(5) and (6) shall be conferred on the Commission for a period of five years from 1 August 2024. The power to adopt delegated acts referred to in Article 2(13) and Article 30(2) shall be conferred on the Commission for a period of five years from 27 July 2026. 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 no later than three months before the end of each period.

3. The delegation of power referred to in Article 2(13), Article 6(6) and (7), Article 7(1) and (3), Article 11(3), Article 30(2), Article 43(5) and (6), Article 47(5), Article 51(3), Article 52(4) and Article 53(5) and (6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication 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. Any delegated act adopted pursuant to Article 2(13), Article 6(6) or (7), Article 7(1) or (3), Article 11(3), Article 30(2), Article 43(5) or (6), Article 47(5), Article 51(3), Article 52(4) or Article 53(5) or (6) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and 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.

What it requires, coded

SafeLegalAI's reading of each duty in this article: who, what, from when, under which fine tier, and whether it reaches a firm, chambers, court or legal-AI vendor. Descriptive, not advice; the quoted words are the Regulation's.

  1. Art. 97(1)Delegated or implementing actNot tier-specific

    The Commission power to adopt delegated acts is conferred subject to the conditions set out in Article 97.

    "The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article."
    Who
    Commission
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Institutional — Delegated-act mechanics shape the Act but do not directly impose legal-practice obligations.
    See
    Art. 97

  2. Art. 97(2)Delegated or implementing actNot tier-specific

    The delegated-act powers for listed AI Act provisions are conferred on the Commission for five years from 1 August 2024.

    "shall be conferred on the Commission for a period of five years from 1 August 2024."
    Who
    Commission
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Institutional — This includes delegated powers that can affect high-risk and GPAI obligations relevant to legal-AI vendors.
    See
    Art. 6(6) · Art. 6(7) · Art. 7 · Art. 11(3) · Art. 43 · Art. 47 · Art. 51 · Art. 52 · Art. 53

  3. Art. 97(2)Delegated or implementing actNot tier-specific

    The delegated-act powers referred to in Articles 2(13) and 30(2) are conferred on the Commission for five years from 27 July 2026.

    "The power to adopt delegated acts referred to in Article 2(13) and Article 30(2) shall be conferred on the Commission for a period of five years from 27 July 2026."
    Who
    Commission
    From
    (Art. 113 second subparagraph (general application))New delegation period runs from 27 July 2026.
    Legal practice
    Institutional — This Omnibus-added delegation includes Annex XIV-related notification scope for notified-body designation.
    See
    Art. 2(13) · Art. 30(2) · Annex XIV

  4. Art. 97(2)Governance institutionalNot tier-specific

    The Commission must report on delegated powers before each five-year period ends, and the delegation is tacitly extended unless Parliament or Council opposes in time.

    "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."
    Who
    Commission, Other
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Institutional — This is legislative oversight of delegated powers with indirect impact on AI Act rules.
    See
    European Parliament · Council

  5. Art. 97(3)Delegated or implementing actNot tier-specific

    The European Parliament or Council may revoke listed delegations at any time; revocation ends the specified delegation prospectively without affecting delegated acts already in force.

    "may be revoked at any time by the European Parliament or by the Council."
    Who
    Other
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Institutional — Revocation affects future delegated amendments, including rules relevant to legal-AI compliance.
    See
    European Parliament · Council

  6. Art. 97(4)Delegated or implementing actNot tier-specific

    Before adopting a delegated act, the Commission must consult Member State experts, notify Parliament and Council after adoption, and the act enters into force only absent objection within the Article 97 period.

    "Before adopting a delegated act, the Commission shall consult experts designated by each Member State"
    Who
    Commission, Member State, Other
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Institutional — Procedural controls on delegated acts indirectly affect future legal-AI compliance rules.
    See
    Art. 97(5) · Art. 97(6) · Interinstitutional Agreement of 13 April 2016

Cite

Regulation (EU) 2024/1689, Article 97 (Exercise of the delegation), as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026, https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27/eng#art_97 — text © European Union; only the Official Journal is authentic. Coding: SafeLegalAI (published by Cognesio LLP), "EU AI Act, structured", safelegalai.com/regulation/eu-ai-act/article-97, accessed 2026-09-08, CC BY 4.0.