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Delegated and implementing acts meaning

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What does Delegated and implementing acts mean?
In EU legal practice, “delegated and implementing acts” are measures adopted by the European commission to flesh out or apply EU legislation in detail. The concepts are defined in the Treaties on the Functioning of the European Union: Article 290 TFEU (delegated acts) and Article 291 TFEU (implementing acts), and further governed by Regulation (EU) No 182/2011 (comitology). Delegated acts allow the Commission to adopt non-legislative acts of general application that supplement or amend only non-essential elements of a legislative act. The European Parliament and the Council set the objectives, scope and duration of the delegation, may revoke it, and can object to individual delegated acts within a set scrutiny period. Implementing acts are adopted where uniform conditions for implementing EU law are needed. Here the Commission exercises executive, not quasi‑legislative, power and is overseen by committees of Member State representatives (advisory/examination procedures, with possible appeal). Both may take the form of delegated/implementing regulations, directives or decisions. They are non-legislative acts under the Lisbon Treaty. Jurisdictional note: These acts apply in Ireland. In the UK they generally no longer apply post-Brexit, save where retained or given effect (notably for Northern Ireland under the Windsor Framework), but remain commercially and compliance‑relevant for UK...
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View the related News about Delegated and implementing acts

NEWS
UK Public Law Weekly: Brexit SPS alignment, Windsor Framework update, Lords reform, digital ID consultation, key judicial review and FOI rulings, Procurement Act transparency—12 March 2026

Brexit headlines Defra sets out scope of legislative alignment under UK-EU SPS Agreement The Department for Environment, Food & Rural Affairs (Defra) has outlined the EU legislation it considers to sit within the scope of the proposed UK‑EU Sanitary and Phytosanitary (SPS) Agreement. The statement confirms the government’s intention to seek legislative alignment with EU rules, including dynamic alignment, to lessen administrative burdens and reduce costs associated with agrifood trade. It indicates that, in most cases, alignment is anticipated to substitute for, rather than add to, current domestic requirements, despite the limited divergence since EU exit. Defra also signals that the referenced EU measures, together with related implementing and delegated acts, presently set the expected boundaries of the agreement’s scope, and that further updates and detailed guidance for businesses will be issued following the conclusion of negotiations...

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NEWS
EU law update: key developments on standards, infringements, consumer rights, state aid, cybersecurity, Schengen, climate targets, ESG ratings, instant payments, AIFMD II, EMIR and AI Act - 8 February 2024

In this issue: EU fundamentals Commercial Competition and state aid Data protection and cybersecurity Free movement, immigration and employment Energy Environment Financial services Corporate Insurance and reinsurance IP Life sciences TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals European Commission unveils its Annual Union Work Programme 2024 The Commission has issued the 2024 Annual Union Work Programme on European Standardisation (AUWP), setting out priorities across all standard-related activities. The High-Level Forum on European standardisation provided input and advice to the AUWP. The 2024 AUWP sets out 72 actions that support the EU’s policy aims for a digital, green and resilient Single Market. See: LNB News 06/02/2024 41. European Commission releases February 2024 infringements package The Commission has published its February 2024 infringements package, outlining the EU Member States it is acting against for failing to meet their obligations under EU...

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NEWS
EU Digital Services Act: Draft Delegated and Implementing Acts on Audits, Data Access, Transparency Reporting and Information-Sharing; Adoption Processes and Expected 2024 Timelines

From 17 February 2024, providers of intermediary services—such as cloud and file‑sharing services, search engines, social networks and online marketplaces—come within scope of the EU Digital Services Act (EU DSA). These organisations must meet a suite of duties, including putting in place notice‑and‑action procedures, observing detailed requirements for terms and conditions, and issuing transparency reports on content moderation, among other obligations and measures required under the framework. For further details on the EU DSA, please refer to our earlier blog posts here and here for context and background. The Commission, under powers granted by the EU DSA, may adopt delegated and implementing acts covering aspects of how the regime is implemented and enforced in this context. In 2023, it adopted one delegated act on supervisory fees payable by very large online platforms (VLOPs) and very large online search engines (VLOSEs), and one implementing act addressing procedural issues connected to the Commission’s enforcement powers. The Commission has also put forward several additional delegated and implementing acts, listed below for ease of...

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View the related Practice Notes about Delegated and implementing acts

PRACTICE NOTES
EU GDPR in the UK (2018–2020): archived article-by-article navigator mapping to DPA 2018, ICO and EDPB guidance

ARCHIVED: This retired Practice Note outlines details about the EU General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), as it operated in the UK before 11 pm on 31 December 2020. From that point, it is retained strictly for background purposes only and is no longer updated or maintained. For advice on the amendments to UK data protection law introduced by the replacement UK GDPR from that date, consult Practice Notes: The UK General Data Protection Regulation (UK GDPR), The UK General Data Protection Regulation (UK GDPR)—Navigator and Brexit—implications for data protection [Archived]. Brexit On 31 January 2020, the UK left the EU and entered an implementation period up to 11 pm on 31 December 2020, during which it remained bound by EU law for the entire duration of that period. Throughout that time, the EU General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), continued to apply in the UK, and the UK was broadly regarded as an EU (and EEA) state for EEA and UK...

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PRACTICE NOTES
EU MiFIR Level 1 Article-by-Article Roadmap: Transparency, Reporting, DRSP Authorisation, ESMA Powers and Third-Country Equivalence Regime (Archived)

This document is archived and will no longer be updated. For information on EU EMIR, please see Practice Note: EU MiFID II and MiFIR—essentials and the EU Markets in Financial Instruments Directive (MiFID II) and Markets in Financial Instruments Regulation (MiFIR)—timeline. Introduction to the MiFIR level 1 roadmap The recast Markets in Financial Instruments Directive (Directive 2014/65/EU) (MiFID II), together with the Markets in Financial Instruments Regulation (Regulation (EU) 600/2014) (MiFIR), was published in the Official Journal of the European Union on 12 June 2014 and came into force on 2 July 2014. Taken as a package, MiFID II and MiFIR substantially revised and enlarged the regulatory framework first created by the Markets in Financial Instruments Directive (Directive 2004/39/EC) (MiFID I). As amended, the bulk of the new Directive and Regulation applied from 3 January 2018. EU Member States were given until 3 July 2017 to transpose MiFID II into national legislation, while MiFIR has direct effect across Member States...

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PRACTICE NOTES
EU Law Glossary: Legal Acts, Institutions, Competences and Key Policy Initiatives

The EU glossary brings together and clarifies terms regularly used in EU law. Blue economy The European Union’s blue economy covers all activities and sectors linked to oceans, seas and coastlines, whether operating directly in the marine environment (eg shipping, seafood, energy production) or on land (eg ports, shipyards, coastal infrastructures). Circular Economy Action Plan In March 2020, under the European Green Deal, the European Commission adopted a new Circular Economy Action Plan (CEAP). The CEAP seeks to: make sustainable products the norm across the EU prioritise sectors likely to be highly affected by circularity, such as construction and buildings, batteries and vehicles, water, packaging, plastics, batteries, electronics empower consumers and public procurers cut waste For further details on the CEAP, see News Analysis: New circular economy action plan published, Sustainable products and supply chains (EU Law)—overview and Practice Note: EU Environment—horizon scanner, which covers key new and upcoming EU legislation and consultations relating to waste regulation,...

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