Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 32l

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

Article total: 2 parts · 3 Council drafts · 1 Parliament amendment

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Institutional text

European Commission proposal

All Commission’s changes to Data Act

The wording proposed by the Commission at the start of this legislative file.

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 13 December 2023, with the Commission proposal change affecting this article applied.

Article 32l

General principles relating to charging

  1. 1.

    Any charges set out under Section 2 or Section 3 shall be transparent, non- discriminatory, proportionate and objectively justified and shall not restrict competition.

  2. 2.

    In the case of standard charges for the re-use of data or documents, any applicable conditions and the actual amount of those charges, including the calculation basis for such charges, shall be established in advance and published, through electronic means where possible and appropriate.

  3. 3.

    In the case of charges for the re-use other than those referred to in paragraph 1, the factors that are taken into account in the calculation of those charges shall be indicated at the outset. Upon request, the holder of the data or documents in question shall also indicate the way in which such charges have been calculated in relation to a specific re-use request.

  4. 4.

    Public sector bodies shall ensure that any charges can also be paid online through widely available cross-border payment services, without discrimination based on the place of establishment of the payment service provider, the place of issue of the payment instrument or the location of the payment account within the Union.

Commission source wording and instructions

Article 32l

Commission proposal

Article 32l General principles relating to charging (1) Any charges set out under Section 2 or Section 3 shall be transparent, non-discriminatory, proportionate and objectively justified and shall not restrict competition. (2) In the case of standard charges for the re-use of data or documents, any applicable conditions and the actual amount of those charges, including the calculation basis for such charges, shall be established in advance and published, through electronic means where possible and appropriate. (3) In the case of charges for the re-use other than those referred to in paragraph 1, the factors that are taken into account in the calculation of those charges shall be indicated at the outset. Upon request, the holder of the data or documents in question shall also indicate the way in which such charges have been calculated in relation to a specific re-use request. (4) Public sector bodies shall ensure that any charges can also be paid online through widely available cross-border payment services, without discrimination based on the place of establishment of the payment service provider, the place of issue of the payment instrument or the location of the payment account within the Union.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Article 32l

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 32l General principles relating to charging

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Alternative wording Amendment 813 · João Oliveira ITRE · LIBE
(1) Any charges set out under Section 2 or Section 3 shall be transparent, non-discriminatory, proportionate and objectively justified and shall not restrict competition.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32l – paragraph 1