Amendment 274· Data Act Article 35(8)
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
16b. In Article 35, paragraph 8 is amended as follows:
Wordingagainst the Commission’s
8. For the purpose of Article 30(3), the Commission shallmay, by means of implementing acts, publish the references of harmonised standards and common specifications for the interoperability of data processing services in a central Union standards repository for the interoperability of data processing services. References to common specifications shall not be published unless those common specifications have been adopted in accordance with paragraph 5 and 6.
Without prejudice to the publication of references to harmonised standards developed pursuant to Regulation (EU) No 1025/2012, the Commission shall not select or publish any reference where doing so would disproportionately favour a specific provider, group of providers, technical stack, architecture or business model, or impose unnecessary migration, re-engineering or compliance costs where less disruptive alternatives are available."
Struck CommissionHighlighted amendment
Data Act Article 35 with this amendment
Amendment 274 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4), (5), (6) and (7)
Open interoperability specifications and harmonised standards for the interoperability of data processing services shall:
achieve, where technically feasible, interoperability between different data processing services that cover the same service type;
enhance portability of digital assets between different data processing services that cover the same service type;
facilitate, where technically feasible, functional equivalence between different data processing services referred to in Article 30(1) that cover the same service type;
not have an adverse impact on the security and integrity of data processing services and data;
be designed in such a way so as to allow for technical advances and the inclusion of new functions and innovation in data processing services.
Open interoperability specifications and harmonised standards for the interoperability of data processing services shall adequately address:
the cloud interoperability aspects of transport interoperability, syntactic interoperability, semantic data interoperability, behavioural interoperability and policy interoperability;
the cloud data portability aspects of data syntactic portability, data semantic portability and data policy portability;
the cloud application aspects of application syntactic portability, application instruction portability, application metadata portability, application behaviour portability and application policy portability.
Open interoperability specifications shall comply with Annex II to Regulation (EU) No 1025/2012.
After taking into account relevant international and European standards and self-regulatory initiatives, the Commission may, in accordance with Article 10(1) of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements laid down in paragraphs 1 and 2 of this Article.
The Commission may, by means of implementing acts, adopt common specifications based on open interoperability specifications covering all of the essential requirements laid down in paragraphs 1 and 2.
When preparing the draft implementing act referred to in paragraph 5 of this Article, the Commission shall take into account the views of the relevant competent authorities referred to in Article 37(5), point (h) and other relevant bodies or expert groups and shall duly consult all relevant stakeholders.
When a Member State considers that a common specification does not entirely satisfy the essential requirements laid down in paragraphs 1 and 2, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend the implementing act establishing the common specification in question.
For the purpose of Article 30(3), the Commission shallmay, by means of implementing acts, publish the references of harmonised standards and common specifications for the interoperability of data processing services in a central Union standards repository for the interoperability of data processing services. References to common specifications shall not be published unless those common specifications have been adopted in accordance with paragraph 5 and 6.
Without prejudice to the publication of references to harmonised standards developed pursuant to Regulation (EU) No 1025/2012, the Commission shall not select or publish any reference where doing so would disproportionately favour a specific provider, group of providers, technical stack, architecture or business model, or impose unnecessary migration, re-engineering or compliance costs where less disruptive alternatives are available."
~AmendedUnchanged: (9)
The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 46(2).
Struck removed Highlighted added Full text on the Data Act Article 35 page
Justification
As per changes to Article 35 - paragraph 5 and to ensure that open interoperability specifications, as well as common specifications are not used to distort the competition.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceData Act, Article 35(8)
For the purpose of Article 30(3), the Commission shall, by means of implementing acts, publish the references of harmonised standards and common specifications for the interoperability of data processing services in a central Union standards repository for the interoperability of data processing services.
No Council text amends Article 35(8).
Cite this amendment
Amendment 274 (Piotr Müller and others), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 125–328 to the draft opinion on COM(2025) 837 (IMCO-AM-790905, PE790.905, 16 July 2026), pp. 126–127
Link, short form and official text
Amendment 274 (Piotr Müller and others), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 125–328 to the draft opinion on COM(2025) 837 (IMCO-AM-790905, PE790.905, 16 July 2026), pp. 126–127
IMCO Amendment 274 (IMCO-AM-790905), p. 126