CADA tracker · source extraction
Source observation. No Article 45 heading appears in this proposal extraction. This is not a deletion finding.
Subject matter 1. This Regulation establishes a framework for strengthening the cloud and AI ecosystem at Union level, in particular through the following measures: (a) establishing the Cloud Leadership Initiative and the AI Leadership Initiative (‘the Cloud and AI Leadership Initiatives’); (b) setting the …
Definitions For the purposes of this Regulation, the following definitions apply: (1) ‘cloud computing service’ means cloud computing service as defined in Article 6, point (30), of Directive (EU) 2022/2555; (2) ‘cloud computing service provider’ means a legal entity which provides a cloud computing service; (3) ‘AI syst…
General objective of the Cloud and AI Leadership Initiatives 1. The Cloud and AI Leadership Initiatives shall pursue the general objective of promoting research and innovation activities and achieving large-scale capacity throughout the Union’s cloud and AI ecosystem, by: (a) supporting the development and deployment of cutting-edge cloud …
Operational objectives of the Cloud and AI Leadership Initiatives 1. Under operational objective 1, the Cloud and AI Leadership Initiatives shall: (a) advance energy- and water-efficiency technologies for data centres, including innovative cooling, next-generation direct current data centres, waste heat utilisation soluti…
Experience and Acceleration Centres for AI 1. Each Member State shall establish Experience and Acceleration Centres for AI (‘Centres for AI’). Those Centres for AI shall build on the European digital innovation hubs established under Article 16 of Regulation (EU) 2021/694 and, where applicable, any successor entities established under Union …
Implementation of the Cloud and AI Leadership Initiatives 1. The implementation of the Cloud and AI Leadership Initiatives’ operational objectives shall be entrusted to the Commission and the Member States and, where relevant, to joint undertakings or any other structures capable of achieving those objectives. 2. The Cloud and AI Lea…
National cloud and AI strategies 1. By [same day as entry into force plus one year], Member States shall establish national cloud and AI strategies (the ‘national strategies’). 2. The national strategies shall include at least the following: (a) key objectives and priorities for cloud and AI adoption, in line with the ‘AI firs…
Criteria for frontier AI priority projects The Commission may, by means of a decision, recognise as frontier AI priority projects, projects selected through open calls for expression of interest that support grand challenge 3 set out in Annex I, provided that the following criteria are fulfilled: (a) it is a pioneering project, focused …
Computing support for AI projects 1. The Union and the Member States shall ensure that sufficient AI computing resources from their compute capacities are allocated to support the development of frontier AI priority projects that fulfil the criteria set out in Article 8, within the limits of available capacity. 2. The Union shall at l…
Designation of data centre acceleration zones 1. Where data centre capacity is being deployed within the territory of a Member State, that Member State shall designate at least one data centre acceleration zone (‘acceleration zone’) within its territory by [P.O. insert the date of entry into force of this Regulation plus 6 months]. Member St…
Conditions within acceleration zones 1. When setting sustainability requirements for data centres deployed in acceleration zones, Member States shall use the key performance indicators specified in Delegated Regulation (EU) 2024/1364 pursuant to Directive (EU) 2023/1791 under Annex II, from (a) to (n). 2. Member States shall ensure th…
Single information points 1. The data centre operator shall have the right, upon request, to be assisted by a single information point throughout the entire lifecycle of the data centre project in an acceleration zone with respect to all authorisations required for the deployment of the data centre. For that purpose, Member States shall desi…
Facilitating administrative and permit-granting processes 1. Data centre projects deployed in acceleration zones shall be considered as strategic projects within the meaning of Article 14 of Regulation (EU) 2026/XXX [on speeding-up environmental assessments] and shall benefit from the toolbox set out in the Annex to that Regulation. 2. …
Designation of data centre strategic projects 1. The Commission may, by means of a decision, designate as strategic projects, data centre projects selected through open calls for expressions of interest that fulfil at least two of the following criteria: (a) the project establishes and operates infrastructure that directly supports and …
Monitoring the capacity gap 1. For the purpose of monitoring progress in the achievement of the objectives of Decision (EU) 2022/2481, the Commission shall identify and monitor: (a) the compute capacity available in the Union, including edge computing capacity; (b) the volume of demand for data centre capacity; …
Scope 1. This Chapter establishes a Union cloud computing sovereignty framework comprising four Union assurance levels, the criteria for which are set out in Annex II, that cloud computing service providers shall meet in order to provide their cloud computing services to Union entities and public sector bodies. 2. The Commission is em…
Recognition of cloud computing service providers 1. A cloud computing service provider that aims to be recognised as offering a Union assurance level, shall submit an application for recognition to the national competent authority of establishment. When submitting an application for recognition, the cloud computing service provider shall inc…
Associated third countries 1. The Commission may adopt decisions, by means of implementing acts, identifying third countries for which cloud computing service providers subject to the control of that third country or a legal entity established in that third country may be audited against the criteria for Union assurance level 3 pursuant …
Conformity self-assessment 1. Cloud computing service providers seeking recognition in accordance with Article 17 as offering Union assurance level 1, shall carry out a conformity self-assessment of compliance with the criteria for Union assurance level 1 set out in Annex II. 2. Following the self-assessment referred to in paragraph 1, the clou…
Independent audit 1. Cloud computing service providers seeking recognition in accordance with Article 17 as offering Union assurance level 2, 3, or 4, shall undergo at their own expense, independent third-party audits to obtain an audit report and an audit opinion from an auditing organisation. An audited provider undergoing an audit procedu…
Content and quality of audit evidence 1. To prepare the audit report and audit opinion, the auditing organisation shall assess the compliance of the audited service with the criteria set out in Annex II on the basis of the audit evidence listed in Annex III. The Commission is empowered to adopt delegated acts in accordance with Article 45 to…
Central repository of cloud computing services 1. The Commission shall establish and maintain a dedicated repository of cloud computing services that have been recognised in accordance with Article 17 (‘central repository’). 2. The national competent authority of establishment that recognised a cloud computing service under Article 17…
Transparency obligations 1. On becoming aware of any information or any material change in circumstances that may affect the audit report and the ‘positive’ opinion under Article 20 or the recognition under Article 17, the recognised cloud computing service provider shall, as soon as possible, notify the auditing organisation and the nationa…
Penalties and compensation 1. Member States shall lay down the rules on penalties applicable to infringements of this Chapter by cloud computing service providers within their competence and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Memb…
National competent authorities 1. By [P.O. insert date of entry into force plus 1 year], Member States shall designate one or more national competent authorities responsible for enforcing this Chapter. To that effect, Member States may designate an existing authority or existing authorities (‘competent authorities’). 2. Member States …
Powers of the national competent authorities 1. Where needed to carry out their tasks under Article 17, competent authorities of establishment shall have the following investigative powers: (a) the power to require any cloud computing service provider, as well as any other persons acting for purposes related to their trade, business,…
Mutual assistance 1. Competent authorities and the Commission shall cooperate closely and provide each other with mutual assistance to apply this Chapter in a consistent and efficient manner. Mutual assistance shall include the exchange of information. 2. A competent authority may request other competent authorities to provide specific …
Cross-border cooperation 1. Where a competent authority of destination has reason to suspect that a cloud computing service provider no longer fulfils the requirement under Annex II to this Regulation, it may request the competent authority of establishment to assess the matter and to take the necessary investigatory and enforcement measures…
Risk assessments 1. By [date of entry into force plus 1 year], and thereafter every two years, or whenever necessary, Member States and Union entities shall carry out risk assessments that shall: (a) identify the public sector activities that use or will make use of cloud computing services, that contribute to the preservat…
Public procurement 1. This Article applies to contracting authorities that procure cloud computing services for their exclusive use. Without prejudice to Article 136 of Regulation (EU, Euratom) 2024/2509, this Article also applies to Union entities that procure cloud computing services for their exclusive use. 2. Union entities and pu…
Impact assessments 1. Entities referred to in Annex I of Directive (EU) 2022/2555 who are not public sector bodies may carry out similar assessments as those set out in Article 29. 2. The Commission may issue guidance on the methodology for carrying out the impact assessments under this Article and possible mitigation measures to be adopted by …
Union added value 1. In public procurement procedures for innovative cloud computing services and AI systems, contracting authorities shall include, as part of the quality evaluation of the tender, non-price award criteria that allow them to evaluate the tenderer’s contribution to the development of a European cloud and AI ecosystem. 2.…
Monitoring of procurement of innovation in cloud and AI 1. Member States shall monitor and report on their use of procurement of innovation in cloud computing services and AI systems. 2. Member States shall take appropriate measures to ensure that the monitoring and reporting referred to in paragraph 1 are actively used to identify barriers to …
Establishment of the European public sector cloud federation 1. The European public sector cloud federation (the ‘EuroCloud Federation’) is hereby established. The EuroCloud Federation shall be open for the participation of Union entities and public sector bodies on a voluntary basis. Union entities and public sector bodies may request the C…
Sharing of public sector data centre services and cloud computing services 1. A member of the EuroCloud Federation (the ‘sharing entity’) may share data centre services and cloud computing services with another member of the EuroCloud Federation (the ‘using entity’) where the sharing entity directly, or indirectly through an intermediate…
Fees for the administration of the EuroCloud Federation 1. The costs arising from the activities carried out by the Commission pursuant to this Chapter shall be jointly financed by the members of the EuroCloud Federation through fees levied by the Commission. 2. If the costs are initially borne by the general budget of the Union, they shall…
Procurement activities of the Commission 1. The Commission may carry out procurement activities to procure data centre services, cloud computing services, software and AI systems for itself and forUnion entitiesand for contracting authorities of Member States , in accordance with Regulation (EU, Euratom) 2024/2509, subject to…
Arrangements for the procurement activities by the Commission 1. Before any procurement activity to be carried out under Article 37, the Commission and at least two Member States shall enter into an agreement laying down the practical arrangements for the procurement activities carried out by the Commission under this Chapter. The agreement …
Applicable public procurement framework 1. A participating entity shall be deemed to have fulfilled its obligations under applicable Union public procurement law where it acquires supplies or services by means of contracts awarded by the Commission under this Chapter, including through framework contracts concluded by or dynamic purchasi…
Fees for procurement activities 1. The costs arising from the procurement activities carried out pursuant to this Chapter shall be jointly financed by the participating entities through fees levied by the Commission. 2. The costs incurred in establishing the common procurement activities referred to in Article 37, inclu…
Promoting open source solutions andopen source first The Union and Member States shall take the necessary measures to encourage Union entities and public sector bodies to use and facilitate the reuse of open standards and components released under an open source licence when building their cloud and AI ecosystem or stack, taking into account functionalities…
Share and reuse of software When making software to which they hold intellectual property rights available for reuse under an open source licence, a Union entity or public sector body shall do so using a catalogue or repository that is connected to, and made accessible through, the EU OSS Catalogue referred to in Article 43.
EU Open Source Solutions Catalogue 1. The Commission shall provide and maintain an EU Open Source Solutions Catalogue (‘EU OSS Catalogue’) as a centralised catalogue to access software made available for reuse by Union entities and public sector bodies. 2. The EU OSS Catalogue shall be hosted on the Interoperable Europe portal refer…
Network of Open Source Programme Offices 1. The Commission shall establish a network of Open Source Programme Offices (‘OSPO Network’) to facilitate cooperation on the implementation of the obligations under this Chapter. 2. Open Source Programme Offices established by public sector bodies at local, regional or national…
Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 6(4), Article 16(2), Article 20(9), Article 21(1), and Article 31(3) shall be conferred on the Commission for an indeterminate p…
Committee procedure 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Review 1. By [date of entry into force plus 4 years], and every 5 years thereafter, the Commission shall evaluate this Regulation, and report to the European Parliament, the Council and the European Economic and Social Committee. 2. Where appropriate, the report referred to in paragraph 1 shall be accompanied by a proposal for amendme…
Entry into force and application This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [same day and month as date of entry into force plus 1 year]. This Regulation shall be binding in its entirety and directly applicable in all Member States. Don…