21285 - SCTE Broadband Dec2021 COMPLETE v1

28 Vol. 43 No. 4 - November 2021 Issue Carsten Engelke explains the Delegated Act from the European Commission, describes the basics of the Delegated Act in the RED (Radio Equipment Directive) and shows the impact on the requirements to run networks or bring equipment in place. By Carsten Engelke, Director Technology, ANGA The Broadband Association Delegated Act Update Standards from the industry from EU Commission on Cyber Security of Radio Equipment What is a Delegated Act? Delegated acts are non-legislative acts adopted by the European Commission to amend or supplement legislation. Under the Lisbon Treaty, the EU reformed the system of comitology. ‘Comitology’ refers to the procedures used for EU decision-making, where the European Commission is given the power under a basic legislative act adopted by the European Parliament and Council, in most cases under the ordinary legislative procedure, to take decisions in the form of non-legislative acts: n either to amend or supplement the basic legislative act (delegated acts); n on aspects that are often highly technical but essential for the implementation of that basic act (implementing acts). Article of the Treaty on the Functioning of the European Union grants the Commission power to adopt delegated acts. Delegated acts are adopted by the Commission after it consults committees comprising experts from the EU member states. The Commission’s powers to adopt delegated acts are subject to strict conditions: n the delegated act cannot change the essential elements of the existing basic act; n the basic legislative act must have defined the objectives, content, scope and duration of the delegation of power; n the European Parliament and the Council may revoke the delegation or raise objections to the delegated act. Either the Council or the Parliament may revoke the delegation of power to the Commission. In addition, a delegated act adopted by the Commission can only enter into force if no objection is raised by the Council or the Parliament, by a deadline set in the basic act. (1) Carsten Engelke, Director Technology, ANGA The Broadband Association