Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2019/788 as regards the power of the Commission to adopt delegated acts 
Date: 2026-07-03
Institutions: European Commission, Secretariat-General
Subjects: European Commission, European citizens' initiative, delegated legislation, petition, powers of the institutions (EU)

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   EUROPEAN COMMISSION  Brussels, 3.7.2026  COM(2026) 339 final 2026/0181 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2019/788 as regards the power of the Commission to adopt delegated acts   
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
Recital  35 of Regulation (EU) 2019/788  on the  European  citizens’ initiative(1) states that ‘to 
adapt this Regulation to future needs, the power to adopt acts in accordance with Article 290 
TFEU should be delegated to the Commission in respect of the amendment of the Annexes to 
this  Regulation’. Accordingly,  Article  23  of  Regulation  (EU)  2019/788,  empowers 
the Commission ‘to adopt delegated acts in accordance with Article 24 to amend the Annexes 
to  this  Regulation  within  the  scope  of  the  provisions  of  this  Regulation  relevant  to  those 
Annexes.’  

Article  24(2)  of  Regulation  (EU)  2019/788, conferred  this  delegation  of  power  on  the 
Commission  for  a period  of  five  years,  which  expired  on  6  June  2024.  The  draft  proposal 
amends  Article  24(2) of  Regulation  (EU)  2019/788  to  provide  for  an  empowerment  of 
indeterminate duration.  

The need for the empowerment is particularly relevant with respect to Annex I to Regulation 
(EU)  2019/788,  establishing the  minimum  number  of  signatories per  Member  State.  Article 
3(1)(b) of  Regulation  (EU)  2019/788 states, as one  of  the  conditions  for  validity  of  a 
European citizens’ initiative, that: ‘in at least one quarter of the Member States, the number of 
signatories is at least equal to the minimum number set out in Annex I, corresponding to the 
number of the Members of the European Parliament elected in each Member State, multiplied 
by the total number of Members of the European Parliament, at the time of registration of the 
initiative.’  

In  accordance  with European  Council  decisions  based  on  Article  14(2)  of  the  Treaty  on 
European  Union  (TEU),  the composition  of  the European  Parliament  has  changed  for  every 
parliamentary  term since the adoption  of  the  first Regulation  on  the  European  citizens’ 
initiative in 2011(2). Delegated acts adopted in accordance with Article 23 of Regulation (EU) 
2019/788  and previously  Article 16 of  Regulation  (EU) 211/2011  have been used to  amend 
Annex I to Regulation (EU) 2019/788 and Regulation (EU) 211/2011 respectively, in advance 
of each new parliamentary term.  

• 

Consistency with existing policy provisions in the policy area 

Not applicable. 

• 

Consistency with other Union policies 

Not applicable. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposal is based on Article 24 of the Treaty on the Functioning of the European Union 
(TFEU)  on  the  adoption  of  the  provisions  for  the  procedures  and  conditions  required  for  a 
citizens’ initiative within the meaning of Article 11 TEU. 

(1) 

(2) 

Regulation  (EU)  2019/788  of  the  European  Parliament  and  of  the  Council  of  17  April  2019  on  the 
European citizens' initiative (OJ L 130, 17.5.2019, p. 55). 
Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on 
the citizens' initiative (OJ L 65, 11.3.2011, p. 1). 

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• 

Subsidiarity (for non-exclusive competence) 

The  subject-matter  of  this  Regulation  falls  under  the  exclusive  competence  of  the  Union 
according  to  Article  24  TFEU since  only  the  Union  can  adopt  the  rules  and  procedures 
governing  the  European  citizens’  initiative.  Therefore,  the  subsidiarity  principle  does  not 
apply. 

• 

Proportionality 

This proposal complies with the principle of proportionality as set out in Article 5 TEU since 
it does not go beyond what is necessary to achieve the objectives described above. 

This proposal provides for a limited and targeted amendment to Regulation (EU) 2019/788. 

• 

Choice of the instrument 

Regulation amending a regulation. 

Article 24 TFEU provides a specific legal basis for the European citizens’ initiative and the 
adoption by means of regulations of the provisions for the procedures and conditions required 
for  a  citizens’  initiative  within  the  meaning  of  Article  11  TEU.  Only  a  regulation  having 
direct application can provide the necessary rules and conditions for the implementation of an 
instrument with European dimension such as the European citizens' initiative.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Stakeholder consultations 

Not applicable. 

• 

Collection and use of expertise 

Not applicable. 

• 

Impact assessment 

This  proposal  is  not  accompanied  by  an  impact  assessment.  This  proposal  does  not 
alter Regulation  (EU)  2019/788  on  substance  and  does  not  impose  new  obligations  on  the 
concerned parties. It is a targeted technical amendment aimed at re-establishing the power of 
the Commission to amend the Annexes to Regulation (EU) 2019/788 by means of delegated 
acts within the scope of the provisions of that Regulation relevant to those Annexes as stated 
in Article 23 of Regulation (EU) 2019/788. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

Not applicable. 

4. 

BUDGETARY IMPLICATIONS 

The proposal does not have a budgetary impact for the EU institutions. 

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5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 of the proposed Regulation  replaces paragraph 2 of Article 24 of Regulation  (EU) 
2019/788  to  insert  an  empowerment  of  indeterminate  duration for  the  Commission  to  adopt 
delegated acts as referred to in Article 23 of Regulation (EU) 2019/788. The wording of the 
proposed provision reproduces the standard clause from the Appendix to the Interinstitutional 
Agreement between the European Parliament, the Council and the European Commission on 
Better Law-Making and its common understanding on delegated acts.  

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2026/0181 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2019/788 as regards the power of the Commission to adopt 
delegated acts  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 24 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Article  23  of  Regulation  (EU)  2019/788(1) empowers  the  Commission  to  adopt 
delegated acts in accordance with Article 24 of that Regulation to amend its Annexes 
within  the  scope  of  the  provisions  of  that Regulation  relevant  to  those  Annexes. 
Article 24(2) of Regulation (EU) 2019/788 conferred this delegation of power on the 
Commission for a period of five years, which expired on 6 June 2024.   

There  is  a  need  for  the  Commission  to  have  the  power  to  amend  the  Annexes  to 
Regulation (EU) 2019/788 by means of delegated acts to adapt them to future  needs. 
In particular, Annex I to Regulation (EU) 2019/788 sets out the minimum number of 
signatories per Member State in order for an initiative to be valid in accordance with 
Article  3(1),  point  (b),  of  Regulation  (EU)  2019/788.  That  minimum  number  of 
signatories  per  Member  State,  needs  to  be  updated  whenever  the  composition  of  the 
European  Parliament  changes  by  means  of  a  European  Council  decision  adopted  on 
the basis of Article 14(2) of the Treaty on European Union. 

(3) 

Regulation (EU) 2019/788 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

In Article 24 of Regulation (EU) 2019/788, paragraph 2 is replaced by the following: 

'2.  The  power  to  adopt  delegated  acts  referred  to  in  Article  23  shall  be  conferred  on  the 
Commission for an indeterminate period of time from [6 June 2019] [date of entry into force 
of the basic legislative act or any other date set by the co-legislators].'. 

(1) 

Regulation  (EU)  2019/788  of  the  European  Parliament  and  of  the  Council  of  17  April  2019  on  the 
European citizens' initiative (OJ L 130, 17.5.2019, p. 55, ELI: http://data.europa.eu/eli/reg/2019/788/oj). 

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This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 
[...] 

For the Council 
The President 
[...] 

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