Digital Omnibus proposal· Recital 17

4 amendments would delete the whole recital: members of S&D and Greens/EFA, and the IMCO rapporteur.

1. 13 −Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the recital

   (17) Certain data processing services, which do not fall within the Infrastructure as a Service (IaaS) delivery model, are custom-made to the needs or ecosystem of a customer. The provision of such data processing services is based on time-intensive pre-contractual and contractual negotiations to determine the specific requirements of the customer and subsequent technical efforts to customise the data processing service and to deliver a tailored solution. Those are services not provided off-the-shelf and are personalised to the needs of a customer to provide a tailored solution where the majority of features and functionalities of the data processing service has been adapted by the provider to the specific needs of the customer where the majority of features and functionalities would not be usable for a customer without prior adaptation by the provider. Those services differ from custom-built data processing services referred to in Article 31(1) of Regulation (EU) 2023/2854. Custom-built data processing services are services of which the majority of main features has been custom-built to accommodate the specific needs of an individual customer or where those data processing services are not offered at broad commercial scale via the service catalogue of the provider. To avoid additional costs and administrative burden connected to the need to reopen and renegotiate contracts concluded before or on 12 September 2025, it is necessary to clarify that, with the exception of the obligation to reduce and ultimately remove switching and egress charges, custom-made services provided according to contracts concluded before or on 12 September 2025 should not fall within scope of Chapter VI of Regulation (EU) 2023/2854.

   Rapporteur

   Alex Agius Saliba

   Group

   Rapporteur

   Targets

   Digital Omnibus proposal Recital 17

   Document

   IMCO draft opinion

   Source

   Official text, pages 15–16

   Printed header

   Recital 17

   Links

   Link to this amendment
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2. 97 −Deletion David CormandGreens/EFA · JURI Deletes the recital

   (17) Certain data processing services, which do not fall within the Infrastructure as a Service (IaaS) delivery model, are custom-made to the needs or ecosystem of a customer. The provision of such data processing services is based on time-intensive pre-contractual and contractual negotiations to determine the specific requirements of the customer and subsequent technical efforts to customise the data processing service and to deliver a tailored solution. Those are services not provided off-the-shelf and are personalised to the needs of a customer to provide a tailored solution where the majority of features and functionalities of the data processing service has been adapted by the provider to the specific needs of the customer where the majority of features and functionalities would not be usable for a customer without prior adaptation by the provider. Those services differ from custom-built data processing services referred to in Article 31(1) of Regulation (EU) 2023/2854. Custom-built data processing services are services of which the majority of main features has been custom-built to accommodate the specific needs of an individual customer or where those data processing services are not offered at broad commercial scale via the service catalogue of the provider. To avoid additional costs and administrative burden connected to the need to reopen and renegotiate contracts concluded before or on 12 September 2025, it is necessary to clarify that, with the exception of the obligation to reduce and ultimately remove switching and egress charges, custom-made services provided according to contracts concluded before or on 12 September 2025 should not fall within scope of Chapter VI of Regulation (EU) 2023/2854.

   Tabled by

   David Cormand

   Group

   Greens/EFA

   Targets

   Digital Omnibus proposal Recital 17

   Document

   JURI amendments 69–296 to the draft opinion

   Source

   Official text, pages 31–32

   Printed header

   Recital 17

   Links

   Link to this amendment
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3. 150 −Deletion David CormandGreens/EFA · IMCO Deletes the recital

   (17) Certain data processing services, which do not fall within the Infrastructure as a Service (IaaS) delivery model, are custom-made to the needs or ecosystem of a customer. The provision of such data processing services is based on time-intensive pre-contractual and contractual negotiations to determine the specific requirements of the customer and subsequent technical efforts to customise the data processing service and to deliver a tailored solution. Those are services not provided off-the-shelf and are personalised to the needs of a customer to provide a tailored solution where the majority of features and functionalities of the data processing service has been adapted by the provider to the specific needs of the customer where the majority of features and functionalities would not be usable for a customer without prior adaptation by the provider. Those services differ from custom-built data processing services referred to in Article 31(1) of Regulation (EU) 2023/2854. Custom-built data processing services are services of which the majority of main features has been custom-built to accommodate the specific needs of an individual customer or where those data processing services are not offered at broad commercial scale via the service catalogue of the provider. To avoid additional costs and administrative burden connected to the need to reopen and renegotiate contracts concluded before or on 12 September 2025, it is necessary to clarify that, with the exception of the obligation to reduce and ultimately remove switching and egress charges, custom-made services provided according to contracts concluded before or on 12 September 2025 should not fall within scope of Chapter VI of Regulation (EU) 2023/2854.

   Tabled by

   David Cormand on behalf of the Verts/ALE Group

   Group

   Greens/EFA

   Targets

   Digital Omnibus proposal Recital 17

   Document

   IMCO amendments 125–328 to the draft opinion

   Source

   Official text, pages 26–27

   Printed header

   Recital 17

   Links

   Link to this amendment
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4. 161 −Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the recital

   (17) Certain data processing services, which do not fall within the Infrastructure as a Service (IaaS) delivery model, are custom-made to the needs or ecosystem of a customer. The provision of such data processing services is based on time-intensive pre-contractual and contractual negotiations to determine the specific requirements of the customer and subsequent technical efforts to customise the data processing service and to deliver a tailored solution. Those are services not provided off-the-shelf and are personalised to the needs of a customer to provide a tailored solution where the majority of features and functionalities of the data processing service has been adapted by the provider to the specific needs of the customer where the majority of features and functionalities would not be usable for a customer without prior adaptation by the provider. Those services differ from custom-built data processing services referred to in Article 31(1) of Regulation (EU) 2023/2854. Custom-built data processing services are services of which the majority of main features has been custom-built to accommodate the specific needs of an individual customer or where those data processing services are not offered at broad commercial scale via the service catalogue of the provider. To avoid additional costs and administrative burden connected to the need to reopen and renegotiate contracts concluded before or on 12 September 2025, it is necessary to clarify that, with the exception of the obligation to reduce and ultimately remove switching and egress charges, custom-made services provided according to contracts concluded before or on 12 September 2025 should not fall within scope of Chapter VI of Regulation (EU) 2023/2854.

   Tabled by

   Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba

   Group

   S&D

   Targets

   Digital Omnibus proposal Recital 17

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 80–82

   Printed header

   Recital 17

   Links

   Link to this amendment
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5. 162 ~Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “as well as monitoring of service operation during the term of the contract, with a view to rectifying any problems or malfunctions”

   (17) Certain data processing services, which do not fall within the Infrastructure as a Service (IaaS) delivery model, are custom-made to the needs or ecosystem of a customer. The provision of such data processing services is based on time-intensive pre-contractual and contractual negotiations to determine the specific requirements of the customer and subsequent technical efforts to customise the data processing service and to deliver a tailored solution, as well as monitoring of service operation during the term of the contract, with a view to rectifying any problems or malfunctions. Those are services not provided off-the-shelf and are personalised to the needs of a customer to provide a tailored solution where the majority of features and functionalities of the data processing service has been adapted by the provider to the specific needs of the customer where the majority of features and functionalities would not be usable for a customer without prior adaptation by the provider. Those services differ from custom-built data processing services referred to in Article 31(1) of Regulation (EU) 2023/2854. Custom-built data processing services are services of which the majority of main features has been custom-built to accommodate the specific needs of an individual customer or where those data processing services are not offered at broad commercial scale via the service catalogue of the provider, but may subsequently be adapted for customers with similar requirements. To avoid additional costs and administrative burden connected to the need to reopen and renegotiate contracts concluded before or on 12 September 2025, it is necessary to clarify that, with the exception of the obligation to reduce and ultimately remove switching and egress charges, custom-made services provided according to contracts concluded before or on 12 September 2025 should not fall within scope of Chapter VI of Regulation (EU) 2023/2854.

   Tabled by

   Diana Iovanovici Şoşoacă

   Group

   NI

   Targets

   Digital Omnibus proposal Recital 17

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 82–83

   Printed header

   Recital 17

   Links

   Link to this amendment
   Cite this amendment

6. 163 ~Alternative Aura Salla +4EPP · ITRE–LIBE “Certain data processing services, which do not fall within the Infrastructure as a Service (IaaS) delivery model, are adapted to the needs or…”

   (17) Certain data processing services, which do not fall within the Infrastructure as a Service (IaaS) delivery model, are custom-madeadapted to the needs or ecosystem of a customer. The provision of such data processing services is based on time-intensive pre-contractual and contractual negotiations to determine the specific requirements of the customer and subsequent technical efforts to customise the data processing service and to deliver a tailored solution. Those are services not provided off-the-shelf and are personalised to the needs of a customer to provide a tailored solution where the majority of features and functionalities of the data processing service has been adapted by the provider to the specific needs of the customer where the majority of features and functionalities would not be usable for a customer without prior adaptation by the provider. Those services differ from custom-built data processing services referred to in Article 31(1) of Regulation (EU) 2023/2854. Custom-built data processing services are services of which the majority of main features has been custom-built to accommodate the specific needs of an individual customer or where those data processing services are not offered at broad commercial scale via the service catalogue of the provider. To avoid additional costs and administrative burden connected to the need to reopen and renegotiate contracts concluded before or on 12 September 2025, it is necessary to clarify that, with the exception of the obligation to reduce and ultimately remove switching and egress charges, custom-madethose adapted services provided according to contracts concluded before or on 12 September 2025 should not fall within scope of Chapter VI of Regulation (EU) 2023/2854.

   Tabled by

   Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Christian Ehler

   Group

   EPP

   Targets

   Digital Omnibus proposal Recital 17

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 83–84

   Printed header

   Recital 17

   Links

   Link to this amendment
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7. 164 ~Alternative João OliveiraThe Left · ITRE–LIBE “interoperability provisions”

   (17) Certain data processing services, which do not fall within the Infrastructure as a Service (IaaS) delivery model, are custom-made to the needs or ecosystem of a customer. The provision of such data processing services is based on time-intensive pre-contractual and contractual negotiations to determine the specific requirements of the customer and subsequent technical efforts to customise the data processing service and to deliver a tailored solution. Those are services not provided off-the-shelf and are personalised to the needs of a customer to provide a tailored solution where the majority of features and functionalities of the data processing service has been adapted by the provider to the specific needs of the customer where the majority of features and functionalities would not be usable for a customer without prior adaptation by the provider. Those services differ from custom-built data processing services referred to in Article 31(1) of Regulation (EU) 2023/2854. Custom-built data processing services are services of which the majority of main features has been custom-built to accommodate the specific needs of an individual customer or where those data processing services are not offered at broad commercial scale via the service catalogue of the provider. To avoid additional costs and administrative burden connected to the need to reopen and renegotiate contracts concluded before or on 12 September 2025, it is necessary to clarify that, with the exception of the obligation to reduce and ultimately remove switching and egress charges, custom-made services provided according to contracts concluded before or on 12 September 2025 should not fall within scope of Chapterspecific VIinteroperability provisions of Regulation (EU) 2023/2854.

   Tabled by

   João Oliveira

   Group

   The Left

   Targets

   Digital Omnibus proposal Recital 17

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 84–85

   Printed header

   Recital 17

   Links

   Link to this amendment
   Cite this amendment