Texts to 22 Oct 2026

Amendment 817· Data Act Article 32o(3)

Alternative

Tabled by
Julie Rechagneux and 7 others (ECR, PfE)Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
Committee and document
ITRE–LIBE·amendments 777–1052 to the draft report (CJ72-AM-791072, PE791.072v01-00)·27 July 2026
Source
Official text, pp. 26–27·printed header: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32o – paragraph 3
Targets
Article 32o(3) of the Data Act

Text of the amendment

As tabled

Wordingagainst the Commission’s

(3) In the event of a negative decision, the public sector bodies shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that Member State or the provisions of this Regulation, in particular points (a) to (c) of paragraph 2 of Article 32i and points (a) to (d) of paragraph 3 of Article 32i, the grounds of public security, defence or economic security referred to in Article 32i(2)(c), or Article 32n (general principle ODD Section). Where a negative decision is based on point (d) of paragraph 3 of Article 32i, the public sector body shall include a reference to the natural or legal person who is the rightsholder, where known, or alternatively to the licensor from which the public sector body has obtained the relevant material. Libraries, including university libraries, museums and archives, shall not be required to include such a reference.

Struck CommissionHighlighted amendment

Data Act Article 32o with this amendment

Amendment 817 applied to the Commission proposal, no other amendment

Unchanged: (1) and (2)
1.

Public sector bodies shall, through electronic means where possible and appropriate, process requests for re-use and shall make the document available for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a reasonable time that is consistent with the time frames laid down for the processing of requests for access to data or documents.

2.

Where no time limits or other rules regulating the timely provision of data or documents have been established, public sector bodies shall process the request and shall deliver the data or documents for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant as soon as possible, and in any event within 20 working days of receipt. That time frame may be extended by a further 20 working days in the case of extensive or complex requests. In such cases, the applicant shall be notified as soon as possible, and in any event within three weeks of the initial request, that more time is needed to process the request and the reasons why.

3.

In the event of a negative decision, the public sector bodies shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that Member State or the provisions of this Regulation, in particular points (a) to (c) of paragraph 2 of Article 32i and points (a) to (d) of paragraph 3 of Article 32i, the grounds of public security, defence or economic security referred to in Article 32i(2)(c), or Article 32n (general principle ODD Section). Where a negative decision is based on point (d) of paragraph 3 of Article 32i, the public sector body shall include a reference to the natural or legal person who is the rightsholder, where known, or alternatively to the licensor from which the public sector body has obtained the relevant material. Libraries, including university libraries, museums and archives, shall not be required to include such a reference.

Amended
Unchanged: (4) and (5)
4.

The means of redress shall include the possibility of review by an impartial review body with the appropriate expertise, such as the national competition authority, the relevant access to data or documents authority, the supervisory authority established in accordance with Regulation (EU) 2016/679 or a national judicial authority, whose decisions are binding upon the public sector body concerned.

5.

For the purposes of this Article, Member States shall establish practical arrangements to facilitate effective re-use of data or documents. Those arrangements may in particular include the means to supply adequate information on the rights provided for in this Regulation and to offer relevant assistance and guidance.

6.

This Article shall not apply to the following entities:

Amended
Unchanged: (a)
(a)

public undertakings;

(b)

educational establishments, research performing organisations and research funding organisations. Subsection 3 Conditions for re-use

Amended

Full text on the Data Act Article 32o page

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

No Council text amends Article 32o(3).

Cite this amendment

Amendment 817 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 26–27

Link, short form and official text
Reference

Amendment 817 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 26–27

Short form

ITRE–LIBE Amendment 817 (CJ72-AM-791072), p. 26

Entry in the source list