Recital (71)

printed pages 33 · source locator: Recital (71); printed pages 33

Official source: COM(2026) 502 final — Proposal for a Cloud and AI Development Act

(71)

Participation within the EuroCloud Federation should be limited to public entities,
            without direct participation of a private party. In this regard, direct private
            participation should be excluded where the sharing entity, either directly or indirectly
            through an intermediate legal entity, owns the hardware, as defined in Article 3, point
            (5), of Regulation (EU) 2024/2847 of the European Parliament and of the Council (33),
            over which the service is made available, and provides that service. The sharing entity
            should be deemed to exercise control over that intermediate legal entity where the
            following cumulative conditions are fulfilled. First, the sharing entity should exercise
            a decisive influence over both strategic objectives and significant decisions of the
            intermediate legal entity that owns the hardware and provides the services. Second,
            there should not be any direct private capital participation in that intermediate legal
            entity. Third, more than 80% of the activities of the intermediate legal entity should be
            carried out in the performance of tasks entrusted to it by the sharing entity.

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