Amendment 275· Data Act Article 35(8a) and (8b) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
In Article 35, the following paragraphs are inserted
Paragraphs it would add
8a.Before publishing any reference pursuant to paragraph 8, the Commission shall publish a notice identifying the exact version of the harmonised standard, common specification or open interoperability specification concerned, the data processing services covered, the expected legal effects under Article 30(3), and the rules applicable to revision, update, withdrawal, equivalence of versions, and the admission of alternative specifications or standards. The Commission shall consult data processing service providers, customers, relevant European and international standardisation bodies, and, where applicable, the organisation responsible for developing or maintaining the relevant open interoperability specification.
8b.The Commission shall publish, together with the implementing act referred to in paragraph 8, a summary of the consultation, the reasons for selecting the relevant reference, the assessment of available or possible alternatives, and the identity of any external contractors, including individuals managing the process, experts or organisations materially involved in the assessment, selection or preparation of the reference. Any substantive communication between the Commission, such contractors, experts or organisations, and the organisation responsible for developing or maintaining the relevant open interoperability specification shall be documented and made public, without prejudice to the protection of confidential business information and personal data.
Data Act Article 35 with this amendment
Amendment 275 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4), (5), (6), (7) and (8)
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 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.
Before publishing any reference pursuant to paragraph 8, the Commission shall publish a notice identifying the exact version of the harmonised standard, common specification or open interoperability specification concerned, the data processing services covered, the expected legal effects under Article 30(3), and the rules applicable to revision, update, withdrawal, equivalence of versions, and the admission of alternative specifications or standards. The Commission shall consult data processing service providers, customers, relevant European and international standardisation bodies, and, where applicable, the organisation responsible for developing or maintaining the relevant open interoperability specification.
+NewThe Commission shall publish, together with the implementing act referred to in paragraph 8, a summary of the consultation, the reasons for selecting the relevant reference, the assessment of available or possible alternatives, and the identity of any external contractors, including individuals managing the process, experts or organisations materially involved in the assessment, selection or preparation of the reference. Any substantive communication between the Commission, such contractors, experts or organisations, and the organisation responsible for developing or maintaining the relevant open interoperability specification shall be documented and made public, without prejudice to the protection of confidential business information and personal data.
+NewUnchanged: (9)
The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 46(2).
Justification
This amendment establishes clear governance and transparency safeguards for the central Union standards repository without duplicating the substantive conditions in Article 35(5). It ensures that references added to the repository are version-specific, scope-limited and subject to stakeholder scrutiny. It also prevents opaque preparation of common specifications through external consultants or privileged informal channels, reducing risks of regulatory capture and ensuring equal access, market trust and better law-making.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 35(8a) and (8b) (new).
Cite this amendment
Amendment 275 (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. 127–128
Link, short form and official text
Amendment 275 (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. 127–128
IMCO Amendment 275 (IMCO-AM-790905), p. 127