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Chapter XII — Delegation of power and committee procedureArticle 97

Article 97: Exercise of the Delegation

Applies from 2 Aug 20264 min readEUR-Lex verified Apr 2026

Article 97 sets the procedural rules for the Commission's power to adopt delegated acts under the AI Act. The delegation is conferred for an indeterminate period from 1 August 2024 (entry into force). The European Parliament or the Council may revoke the delegation at any time and may object to a specific delegated act within 2 months (extendable by 2 months). This article is the procedural backbone for Article 7 (Annex III amendments), Article 11 (Annex IV updates), Annex XIII (systemic risk criteria), and other empowerments throughout the Regulation.

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Who does this apply to?

  • -The European Commission exercising delegated powers
  • -The European Parliament and Council overseeing delegated acts
  • -Providers and deployers monitoring Annex changes that affect classification and obligations
  • -Trade associations and standards bodies tracking regulatory evolution

Scenarios

The Commission proposes a delegated act adding a new use-case to Annex III under Article 7. The European Parliament has 2 months to object.

If neither Parliament nor Council objects within the deadline, the delegated act enters into force. Providers must screen their products against the updated Annex.
Ref. Art. 97 + Art. 7

The European Parliament objects to a proposed update to Annex XIII systemic risk criteria within the 2-month window.

The delegated act does not enter into force. The Commission may propose a revised version.
Ref. Art. 97

Key procedural elements

Article 97 establishes:

1. Duration: The delegation is conferred for an indeterminate period from 1 August 2024 2. Revocation: The European Parliament or Council may revoke the delegation at any time by decision — revocation ends the power but does not affect already-adopted delegated acts 3. Objection period: 2 months from notification of the delegated act to Parliament and Council, extendable by 2 months at their initiative 4. Non-objection: If neither institution objects, the delegated act enters into force on the date stated in it 5. Publication: Delegated acts are published in the Official Journal of the European Union

Read the full paragraphs on EUR-Lex Article 97.

Which articles use delegated acts?

Article 97 is the procedural gateway for multiple empowerments:

  • Article 6(6)/(7) — Complementing Annex III classification criteria
  • Article 7 — Amending Annex III (adding/removing high-risk use-cases)
  • Article 11 — Updating Annex IV (technical documentation)
  • Article 43 — Updating conformity assessment elements
  • Annex XIII — Updating systemic risk classification criteria

Monitoring the Official Journal for delegated acts under these empowerments is essential for compliance teams.

How Article 97 connects to the rest of the Act

  • Article 7 — Annex III amendments (most impactful delegated act empowerment).
  • Article 98 — Committee (comitology) procedure for implementing acts (distinct from delegated acts).
  • Article 113 — Entry into force that triggers the delegation period.

Compliance checklist

  • Subscribe to Official Journal notifications for AI Act delegated acts.
  • When a delegated act is notified: assess impact on your Annex III classification, Annex IV documentation, or Annex XIII risk thresholds within the 2-month objection window.
  • Update product classification and documentation when delegated acts enter into force.
  • Track Parliament and Council objections that may prevent a delegated act from taking effect.
  • Maintain a delegated acts register with dates, scope, and compliance impact.
Read the official text on EUR-Lex

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Frequently asked questions

Can the Commission change the core rules of the AI Act via delegated acts?

No. Delegated acts may only amend or supplement non-essential elements. The core obligations, prohibitions, and fundamental architecture remain legislative.

What's the difference between delegated acts (Article 97) and implementing acts (Article 98)?

Delegated acts supplement or amend the Regulation itself (e.g., Annex changes). Implementing acts set uniform conditions for implementation (e.g., templates, procedures). Different oversight mechanisms apply.

What can the Commission change via delegated acts under the AI Act?

Article 97 empowers the Commission to amend Annexes I, II, III, IV, VI, VII, VIII, XI, XII, and XIII by delegated act. This includes updating the list of Union harmonisation legislation (Annex I), the Annex III high-risk areas, technical documentation requirements (Annex IV), conformity assessment procedures, and GPAI documentation/transparency requirements.