Title I – Exercise of delegation and other cross-cutting provisions
Article 141
Exercise of 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 Articles 2(2), 7(5), 54(2) and (4), 65(4), 66(6), 69(4), 72(1), 75, 110(6), 128(2), 133(3) and 134(7) shall be conferred on the Commission for an indeterminate period of time from … [OP please insert date of entry into force of this Regulation].
3.The delegation of power referred to in Articles 2(2), 7(5), 54(2) and (4), 65(4), 66(6), 69(4), 72(1), 75, 110(6), 128(2), 133(3) and 134(7) 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.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5.A delegated act adopted pursuant to Articles 2(2), 7(5), 54(2) and (4), 65(4), 66(6), 69(4), 72(1), 75, 110(6), 128(2), 133(3) and 134(7) shall enter into force only where no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of the 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 two months at the initiative of the European Parliament or of the Council.
Article 142
Urgency procedure
1.Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.
2.Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 141(5). In such case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.
Article 143
Committee procedure
1.The Commission shall be assisted by the Advisory Committee on Public Contracts established by Council Decision 71/306/EEC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2.Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 144
Outermost regions
Where the specific needs of the public procurement markets of the outermost regions of the Union within the meaning of Article 349 of the Treaty cannot be met without the adaptation of certain procedures laid down in this Regulation, Member States may adapt the application of specific aspects of Part III of this Regulation in line with the Union’s international obligations and without affecting the principles of equal treatment, non-discrimination and transparency. Member States shall notify to the Commission and to the other Member States the national laws, regulations and administrative provisions providing for such adaptations as well as their detailed justification. The adaptations concerned shall not apply before three months after that notification. The Commission shall publish the adaptations in the Official Journal of the European Union without delay.
Article 145
Procurement with Union support
In addition to any rules set out in this Regulation, for the award and execution of contracts supported by a Union programme or instrument, public buyers shall apply any conditions necessary to comply with the requirements for Union support in all management modes established in Article 62 of Regulation (EU, EURATOM) 2024/2509.