Digital Omnibus proposal· Recital 25
Text
Recital 25 Digital Omnibus proposal as printed in the Council text of 22 October 2026
Source Council, 22 October 2026. Recital 25: ST 14756/26, page 20 · exact text page
Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under point 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Member States may further specify the criteria for what constitutes a very large enterprise for the purpose of Regulation (EU) 2023/2854. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation (EU) 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.
How the recital changed
Each text against the text before it
| Recital | Commission19 Nov 2025Rec 25 | Council21 May 2026 | Council10 Jun 2026Rec 25 | Council18 Jun 2026Rec 25 | Council3 Sep 2026Rec 25 | Council2 Oct 2026Rec 25 | Council22 Oct 2026Rec 25 |
|---|---|---|---|---|---|---|---|
| Compared with | law in force | the proposal | 21 May text | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| Recital 25 | 25 Added | In neither text | 25 Changed | 25 Unchanged | 25 Unchanged | 25 Unchanged | 25 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
12 amendments to this recital
1 amendment would delete the whole recital: members of S&D.
| Type | The Left | S&D | Greens/EFA | Renew | EPP | ESN | Rapporteur |
|---|---|---|---|---|---|---|---|
| − Deletion | · | 1 | · | · | · | · | · |
| ~ Alternative | 2 | 1 | 3 | 1 | 2 | 1 | 1 |
By political group
- − Deletion S&D 1
- ~ Alternative The Left 2 S&D 1 Greens/EFA 3 Renew 1 EPP 2 ESN 1 Rapporteur 1
Show
15 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation…”
(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation
€EU 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Digital Omnibus proposal Recital 25
- Document
- IMCO draft opinion
- Printed header
- Recital 25
106 ~Alternative David CormandGreens/EFA · JURI “Such charges and fees may apply exceptionally pertaining to open data, in conformity with the provisions of Directive (EU) 2019/1024 on open data and…”
(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use. Such charges and fees may apply exceptionally pertaining to open data, in conformity with the provisions of Directive (EU) 2019/1024 on open data and the re-use of public sector information establishing the principle of open licences for such data and content, to be freely accessed, used, modified and shared by anyone for any purpose, and which rely on open data formats;
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Digital Omnibus proposal Recital 25
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Recital 25
107 ~Alternative Victor NegrescuS&D · JURI “At the same time, licences for start-ups, small enterprises and medium-sized enterprises should be designed to facilitate their effective re-use of…”
(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use. At the same time, licences for start-ups, small enterprises and medium-sized enterprises should be designed to facilitate their effective re-use of data and documents, by limiting charges and fees to cost recovery, using standard licences and minimising administrative complexity, in order to support innovation, competition and cohesion in the internal market.
- Tabled by
- Victor Negrescu
- Group
- S&D
- Targets
- Digital Omnibus proposal Recital 25
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Recital 25
108 ~Alternative Emil RadevEPP · JURI “Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation…”
(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation
€(EU) 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.- Tabled by
- Emil Radev
- Group
- EPP
- Targets
- Digital Omnibus proposal Recital 25
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Recital 25
154 ~Alternative David CormandGreens/EFA · IMCO “Such charges and fees may apply exceptionally pertaining to open data, in conformity with the provisions of Directive (EU) 2019/1024 on open data and…”
(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use. Such charges and fees may apply exceptionally pertaining to open data, in conformity with the provisions of Directive (EU) 2019/1024 on open data and the re-use of public sector information establishing the principle of open licences for such data and content, to be freely accessed, used, modified and shared by anyone for any purpose, and which rely on open data formats;
Justification
Wording from the Open Data Directive (ODD), recital 44.
- Tabled by
- David Cormand on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Digital Omnibus proposal Recital 25
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Recital 25
155 ~Alternative Sophia KircherEPP · IMCO “Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation…”
(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation
€2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.- Tabled by
- Sophia Kircher
- Group
- EPP
- Targets
- Digital Omnibus proposal Recital 25
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Recital 25
195 −Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the recital
(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.Justification
The recital is deleted because it introduces an unnecessary shift away from the principles underpinning the Open Data Directive. The objective of addressing imbalances linked to very large enterprises can be achieved through proportionate charging mechanisms, rather than through actor-specific licensing conditions. Such licensing restrictions risk fragmenting the open data ecosystem, discouraging standard licences and limiting the ability of researchers, innovators and open knowledge projects to reuse and combine public sector information.
- 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 25
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 25
196 ~Alternative João OliveiraThe Left · ITRE–LIBE “address those imbalances, including withholding”
(25)
Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³SMEs and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents.At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.At the same time, very large entities which have acquired considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them, including those designated as gatekeepers, are generating considerable imbalances in data re-use regimes. Public sector bodies should be able to take specific measures in order to address those imbalances, including withholding the data in question, while taking into consideration the economic power and data acquisition capacities of those entities.- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Digital Omnibus proposal Recital 25
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 25
197 ~Alternative Markus BuchheitESN · ITRE–LIBE “not, however, justify discriminatory licensing conditions for other undertakings. Access”
(25)
Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents.Start-ups, small and medium-sized enterprises deserve targeted relief. That does not, however, justify discriminatory licensing conditions for other undertakings. Access to public sector data and documents should be transparent, objective and non-discriminatory.At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances.Questions of market dominance should be addressed through competition law and, where appropriate, Regulation (EU) 2022/1925. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.- Tabled by
- Markus Buchheit
- Group
- ESN
- Targets
- Digital Omnibus proposal Recital 25
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 25
198 ~Alternative Michael McNamara +4Renew · ITRE–LIBE “Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation…”
(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions
in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditionswhich may, inter alia, pertain to the charges and fees or the purposes of re-use.- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Digital Omnibus proposal Recital 25
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 25
199 ~Alternative Dario TamburranoThe Left · ITRE–LIBE “differentiated treatment should not take the form of actor-specific licensing conditions and should not undermine the use of standard open licences…”
(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to
introducesetspecialout proportionate higher charges or differentiated technical service conditionsin licences pertaining tofor the re-use of data and documents by very large enterprises. Any such conditions should be proportionate,bebased on objective criteria,and taking intoconsiderationaccountthetheir economic power,the entity’sor ability to acquire dataor the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate.Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.Such differentiated treatment should not take the form of actor-specific licensing conditions and should not undermine the use of standard open licences, legal certainty or interoperability. Such differentiated technical service conditions may concern enhanced modes of access, including high-volume, high-frequency or real-time access, provided that they are objective, proportionate, transparent and non-discriminatory and do not alter the applicable licensing terms or restrict lawful re-use.Justification
Economic asymmetries should be addressed through proportionate charges or technical access conditions, not through differentiated licenses that fragment the open data framework and prevent the combination and downstream re-use of public sector information.
- Tabled by
- Dario Tamburrano
- Group
- The Left
- Targets
- Digital Omnibus proposal Recital 25
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 25
200 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation…”
(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able
tosetintroduceoutspecialhigherconditionsfeesinforlicences pertaining tosupplying the re-use of data and documents by very large enterprises. Any suchconditionscharges should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and feesor the purposes of re-use.- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Digital Omnibus proposal Recital 25
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 25