✓ Low compliance impact for SMEs
WHAT THE ARTICLE IS ABOUT
The Commission’s power to update the Act’s technical details
Article 97 sets out the procedural framework for the Commission’s exercise of delegated legislative powers under the AI Act. Delegated acts allow the Commission to update specific technical elements of the Act — such as Annex III high-risk classifications, the GPAI compute threshold, or technical documentation requirements — without going through the full EU legislative procedure each time.
WHAT IT SAYS
Five-year delegation, revocable, subject to Parliament and Council scrutiny
- The power to adopt delegated acts is conferred on the Commission for a period of five years from 1 August 2024, with automatic renewal unless the European Parliament or Council objects
- Either the European Parliament or the Council may revoke the delegation at any time — ending the Commission’s power to adopt new delegated acts, but without affecting those already in force
- Before adopting a delegated act, the Commission must consult experts designated by member states in accordance with the principles set out in the Interinstitutional Agreement on Better Law-Making
- As soon as a delegated act is adopted, the Commission must simultaneously notify the European Parliament and the Council
- Delegated acts enter into force only if neither the Parliament nor the Council raises objections within a period of three months of notification — or if both expressly indicate they will not object
- The three-month period may be extended by a further three months at the initiative of the European Parliament or the Council
WHO IS AFFECTED
The Commission, Parliament, Council — and indirectly all AI operators
- The European Commission which exercises the delegated act powers
- The European Parliament and Council which scrutinise and may veto delegated acts
- All businesses operating under the AI Act — any delegated act updating technical requirements directly affects their compliance obligations
WHAT IT MEANS FOR SMES
The mechanism that keeps the Act technically current — monitor delegated acts
- Delegated acts can change your compliance obligations without going through the full legislative process — the GPAI compute threshold, Annex III classifications, and technical documentation requirements can all be updated this way
- Monitor the Official Journal for delegated act publications — they enter into force after the three-month objection period and you need to know about them before they apply
- The five-year renewal cycle means delegated act powers are a permanent feature of the regulatory landscape, not a transitional measure
- The Parliamentary and Council scrutiny period provides a window for industry input through your representatives — track draft delegated acts when they are published for consultation
Related Articles
- Article 6 — High-risk classification (Annex III can be amended by delegated act)
- Article 51 — GPAI systemic risk threshold (the compute threshold can be updated by delegated act)
- Article 98 — Committee procedure (the parallel mechanism for implementing acts)
- Article 113 — Entry into force and application (the legislative timeline)
