Texts to 22 Oct 2026

Amendment 904· Data Act Article 42(1a) (new)

Addition

Tabled by
Mary Khan (ESN)
Committee and document
ITRE–LIBE·amendments 777–1052 to the draft report (CJ72-AM-791072, PE791.072v01-00)·27 July 2026
Source
Official text, p. 76·printed header: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 a (new)
Targets
Article 42(1a) (new) of the Data Act

Text of the amendment

As tabled

Wording it would add

(1a)Opinions, recommendations, guidelines and other documents produced by the European Data Innovation Board shall not be binding. They shall not replace, modify or, in effect, pre-empt national legislation or the decisions of national authorities.

Data Act Article 42 with this amendment

Amendment 904 applied to the Commission proposal, no other amendment

Unchanged: (1)
1.

The EDIB shall support the consistent application of this Regulation by:

(a)

serving as a forum for strategic discussions on data policies, data governance, international data flows and cross-sectoral developments relevant to the European data economy;

(b)

advising and assisting the Commission with regard to developing consistent practice of competent authorities in the enforcement of Chapters II, III, V, VII, VIIa and VIIc;

(c)

facilitating cooperation between competent authorities through capacity- building and the exchange of information;

(d)

fostering an exchange of experience and good practice between the Member States in the field of re-use of public sector information in collaboration with other relevant governance bodies.’;

1a.

Opinions, recommendations, guidelines and other documents produced by the European Data Innovation Board shall not be binding. They shall not replace, modify or, in effect, pre-empt national legislation or the decisions of national authorities.

New

Full text on the Data Act Article 42 page

Justification

It makes sense to introduce some form of coordination but this must not bind national authorities or result in the transfer of sensitive case information to an EU body.

Target

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

No Council text amends Article 42(1a) (new).

Cite this amendment

Amendment 904 (Mary Khan), 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), p. 76

Link, short form and official text
Reference

Amendment 904 (Mary Khan), 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), p. 76

Short form

ITRE–LIBE Amendment 904 (CJ72-AM-791072), p. 76

Entry in the source list