Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 17

Text

Recital 17 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 17: ST 14756/26, page 12 · exact text page

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 . 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.

How the recital changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 17Council21 May 2026Council10 Jun 2026Rec 17Council18 Jun 2026Rec 17Council3 Sep 2026Rec 17Council2 Oct 2026Rec 17Council22 Oct 2026Rec 17
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 17 17 Added In neither text 17 Changed 17 Unchanged 17 Changed 17 Changed 17 Unchanged

Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before— in neither text

Parliament amendments

7 amendments to this recital

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

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFAEPPNIRapporteur
− Deletion·12··1
~ Alternative1··11·

By political group

  • − Deletion S&D 1 Greens/EFA 2 Rapporteur 1
  • ~ Alternative The Left 1 EPP 1 NI 1

Show

  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
    Printed header
    Recital 17
  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
    Printed header
    Recital 17
  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
    Printed header
    Recital 17
  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
    Printed header
    Recital 17
  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
    Printed header
    Recital 17
  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
    Printed header
    Recital 17
  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
    Printed header
    Recital 17