Amendment 846· Data Act Article 32v(2)(a)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(a) generate significant socioeconomic or environmental benefits and innovative services;generate economic, social and environmental benefits, with the aim of promoting the public interest;
Struck CommissionHighlighted amendment
Data Act Article 32v with this amendment
Amendment 846 applied to the Commission proposal, no other amendment
The Commission shall adopt implementing acts laying down a list of specific high- value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
Unchanged: (a) and (b)
available free of charge, subject to paragraphs 3, 4 and 5;
machine readable;
provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
~Amendedprovided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re- use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
~Amendedgenerate significant socioeconomic or environmental benefits and innovative services;generate economic, social and environmental benefits, with the aim of promoting the public interest;
Unchanged: (b)
benefit a high number of users, in particular SMEs and SMCs;
assist in generating revenues; and (d) be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
~Amendedbe combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re- use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
Unchanged: (3), (4) and (5)
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives.
Where making high-value datasets available free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of the bodies involved, Member States may exempt those bodies from the requirement to make those high-value datasets available free of charge for a period of no more than two years following the entry into force of the relevant implementing act adopted in accordance with paragraph 1.
Struck removed Highlighted added Full text on the Data Act Article 32v page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Council text of 22 October 2026ST 14756/26
(a)generate significant socioeconomic or environmental benefits and innovative services;
Cite this amendment
Amendment 846 (João Oliveira), 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. 43–44
Link, short form and official text
Amendment 846 (João Oliveira), 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. 43–44
ITRE–LIBE Amendment 846 (CJ72-AM-791072), p. 43