# PSD3 Article 40 — Exercise of the delegation

Textual state: amended_substantial. 55 words changed; 1 paragraph added

- Compared text: Council position at first reading (Council document 8535/26) — not yet law.
- Compared against: Council document 8222/26 — superseded.
- Classification is mechanical; method: https://paymentslaw.eu/method/
- Editorial review state: not_assessed. Editor's notes are selective, not a complete assessment.

Word-level diff for each step, earlier → later edition: `{+text+}` was inserted, `[-text-]` was deleted.

## Step 1 · Commission proposal (2023) to Council compromise text (April 2026)

Article 41 → 41. Textual state: unchanged. No text changes from the 2023 proposal.

- Editorial review state: not_assessed.

### Paragraph 1

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

### Paragraph 2

2. The power to adopt delegated acts referred to in Article 40 shall be conferred on the Commission for an undetermined period of time from the date of entry into force of this Directive.

### Paragraph 3

3. The delegation of power referred to in Article 40 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 on the day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.

### Paragraph 4

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

### Paragraph 5

5. A delegated act adopted pursuant to Article 40 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 3 months of notification of that 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 3 months at the initiative of the European Parliament or of the Council.

## Step 2 · Council compromise text (April 2026) to Council position at first reading (October 2026)

Article 41 → 40. Textual state: amended_substantial. 55 words changed; 1 paragraph added

- Editorial review state: not_assessed.

### Paragraph 1

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

### Paragraph 2

2. The power to adopt {+the +}delegated acts referred to in Article [-40 -]{+39 +}shall be conferred on the Commission for an [-undetermined -]{+indeterminate +}period of time from [-the date -]{+… [date +}of entry into force of this [-Directive. -]{+Directive].+}

### Paragraph 3

3. The delegation of power referred to in Article [-40 -]{+39 +}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 on the day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.

### New paragraph 4

{+4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.+}

### Paragraph 4 → 5

[-4. -]{+5. +}As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

### Paragraph 5 → 6

[-5. -]{+6. +}A delegated act adopted pursuant to Article [-40 -]{+39 +}shall enter into force only if no objection has been expressed either by the European Parliament or {+by +}the Council within a period of [-3 -]{+three +}months of notification of that act to the European Parliament and {+to +}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 [-3 -]{+three +}months at the initiative of the European Parliament or of the Council.