Data Act · Regulation (EU) 2023/2854
Article 32v
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 6 parts · 3 Council drafts · 7 Parliament amendments
Removed wording is struck through; added or replacement wording is highlighted.
Institutional text
European Commission proposal
All Commission’s changes to Data ActThe 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 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific high- value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
- (a)
available free of charge, subject to paragraphs 3, 4 and 5;
- (b)
machine readable;
- (c)
provided via APIs; and
- (d)
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re- use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate significant socioeconomic or environmental benefits and innovative services;
- (b)
benefit a high number of users, in particular SMEs and SMCs;
- (c)
assist in generating revenues; and
- (d)
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re- use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives.
- 5.
Where making high-value datasets available free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of the bodies involved, Member States may exempt those bodies from the requirement to make those high-value datasets available free of charge for a period of no more than two years following the entry into force of the relevant implementing act adopted in accordance with paragraph 1.
No standalone Commission wording is mapped to this tracked part. A newly proposed provision may have no earlier text of its own.
Commission source wording and instructions
Article 32v
Commission proposal
Article 32v Specific high-value datasets and arrangements for publication and re-use (1) The Commission shall adopt implementing acts laying down a list of specific high-value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be: (a) available free of charge, subject to paragraphs 3, 4 and 5; (b) machine readable; (c) provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2). (2) The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to: (a) generate significant socioeconomic or environmental benefits and innovative services; (b) benefit a high number of users, in particular SMEs and SMCs; (c) assist in generating revenues; and (d) be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment. (3) By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets. (4) The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. (5) Where making high-value datasets available free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of the bodies involved, Member States may exempt those bodies from the requirement to make those high-value datasets available free of charge for a period of no more than two years following the entry into force of the relevant implementing act adopted in accordance with paragraph 1.
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
Article in June Presidency compromise · 10 June Council text
Comparison basis: Existing law (13 December 2023) compared with June Presidency compromise · 10 June (10 June 2026)
Article 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific highvalue datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
- (a)
available free of charge, subject to paragraphs 3, 4 and 5;
- (b)
machine readable;
- (c)
provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate significant socioeconomic or environmental benefits and innovative services;
- (b)
benefit a high number of users, in particular SMEs and SMCs;
- (c)
assist in generating revenues; and (d) be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. Section 3 Re-use of certain categories of protected data held by public sector bodies
Article 32v
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32v Specific high-value datasets and arrangements for publication and re-use
The Commission shall adopt implementing acts laying down a list of specific highvalue datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
available free of charge, subject to paragraphs 3, 4 and 5;
machine readable;
provided via APIs; and
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
generate significant socioeconomic or environmental benefits and innovative services;
benefit a high number of users, in particular SMEs and SMCs;
assist in generating revenues; and
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. Section 3 Re-use of certain categories of protected data held by public sector bodies
Article in June Presidency compromise · 18 June Council text
Comparison basis: Existing law (13 December 2023) compared with June Presidency compromise · 18 June (18 June 2026)
Article 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific highvalue datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
- (a)
available free of charge, subject to paragraphs 3, 4 and 5;
- (b)
machine readable;
- (c)
provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and reuse of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate significant socioeconomic or environmental benefits and innovative services;
- (b)
benefit a high number of users, in particular SMEs and SMCs;
- (c)
assist in generating revenues; and (d) be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the reuse of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. Section 3 Re-use of certain categories of protected data held by public sector bodies
Article 32v
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32v Specific high-value datasets and arrangements for publication and re-use
The Commission shall adopt implementing acts laying down a list of specific highvalue datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
available free of charge, subject to paragraphs 3, 4 and 5;
machine readable;
provided via APIs; and
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and reuse of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
generate significant socioeconomic or environmental benefits and innovative services;
benefit a high number of users, in particular SMEs and SMCs;
assist in generating revenues; and
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the reuse of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. Section 3 Re-use of certain categories of protected data held by public sector bodies
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific high-value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
- (a)
available free of charge, subject to paragraphs 3 and 4;
- (b)
machine readable;
- (c)
provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate significant socioeconomic or environmental benefits and innovative services;
- (b)
benefit a high number of users, in particular SMEs and SMCs;
- (c)
assist in generating revenues; and (d) be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. Section 3 Re-use of certain categories of protected data held by public sector bodies
Article 32v
September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32v Specific high-value datasets and arrangements for publication and re-use (1) The Commission shall adopt implementing acts laying down a list of specific high-value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be: (a) available free of charge, subject to paragraphs 3 and 4; (b) machine readable; (c) provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2). (2) The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to: (a) generate significant socioeconomic or environmental benefits and innovative services; (b) benefit a high number of users, in particular SMEs and SMCs; (c) assist in generating revenues; and (d) be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment. (3) By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets. (4) The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. Section 3 Re-use of certain categories of protected data held by public sector bodies
Article 32v 3 Council drafts
Article 32v
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32v Specific high-value datasets and arrangements for publication and re-use
The Commission shall adopt implementing acts laying down a list of specific highvalue datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
available free of charge, subject to paragraphs 3, 4 and 5;
machine readable;
provided via APIs; and
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
generate significant socioeconomic or environmental benefits and innovative services;
benefit a high number of users, in particular SMEs and SMCs;
assist in generating revenues; and
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. Section 3 Re-use of certain categories of protected data held by public sector bodies
Article 32v
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32v Specific high-value datasets and arrangements for publication and re-use
The Commission shall adopt implementing acts laying down a list of specific highvalue datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
available free of charge, subject to paragraphs 3, 4 and 5;
machine readable;
provided via APIs; and
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and reuse of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
generate significant socioeconomic or environmental benefits and innovative services;
benefit a high number of users, in particular SMEs and SMCs;
assist in generating revenues; and
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the reuse of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. Section 3 Re-use of certain categories of protected data held by public sector bodies
Article 32v
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32v Specific high-value datasets and arrangements for publication and re-use (1) The Commission shall adopt implementing acts laying down a list of specific high-value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be: (a) available free of charge, subject to paragraphs 3 and 4; (b) machine readable; (c) provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2). (2) The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to: (a) generate significant socioeconomic or environmental benefits and innovative services; (b) benefit a high number of users, in particular SMEs and SMCs; (c) assist in generating revenues; and (d) be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment. (3) By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets. (4) The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. Section 3 Re-use of certain categories of protected data held by public sector bodies
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
More filters
Additional proposed wording Amendment 314 · Virginie Joron IMCO
where they contain personal data, protected against any misuse or transfer to a third country liable to have a detrimental effect on the rights of the data subjects, through anonymisation or, where anonymisation is not possible, pseudonymisation carried out in accordance with state-of-the-art techniques aimed at preserving and reinforcing privacy protection;
against:
Article 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific high- value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
- (a)
available free of charge, subject to paragraphs 3, 4 and 5;
- (b)
machine readable;
- (c)
provided via APIs; and
- (d)
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re- use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate significant socioeconomic or environmental benefits and innovative services;
- (b)
benefit a high number of users, in particular SMEs and SMCs;
- (c)
assist in generating revenues; and
- (d)
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re- use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives.
- 5.
Where making high-value datasets available free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of the bodies involved, Member States may exempt those bodies from the requirement to make those high-value datasets available free of charge for a period of no more than two years following the entry into force of the relevant implementing act adopted in accordance with paragraph 1.
Additional proposed wording Amendment 315 · Virginie Joron IMCO
where they contain data that may be regarded as trade secrets, know-how or other strategically sensitive economic information, made available subject to economic security safeguards including binding conditions imposed on the re-user designed to prevent any onward transfer or any misuse.
against:
Article 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific high- value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
- (a)
available free of charge, subject to paragraphs 3, 4 and 5;
- (b)
machine readable;
- (c)
provided via APIs; and
- (d)
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re- use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate significant socioeconomic or environmental benefits and innovative services;
- (b)
benefit a high number of users, in particular SMEs and SMCs;
- (c)
assist in generating revenues; and
- (d)
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re- use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives.
- 5.
Where making high-value datasets available free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of the bodies involved, Member States may exempt those bodies from the requirement to make those high-value datasets available free of charge for a period of no more than two years following the entry into force of the relevant implementing act adopted in accordance with paragraph 1.
Additional proposed wording Amendment 844 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(da) In Article 32v, paragraph 1, the following point is inserted
where they contain personal data, protected against any misuse or transfer to a third country likely to harm the rights of the persons concerned, by means of anonymisation or, where anonymisation is not possible, of pseudonymisation carried out in accordance with state-of-the-art privacy-preserving and privacy-enhancing techniques;'
against:
Article 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific high- value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
- (a)
available free of charge, subject to paragraphs 3, 4 and 5;
- (b)
machine readable;
- (c)
provided via APIs; and
- (d)
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re- use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (da)
where they contain personal data, protected against any misuse or transfer to a third country likely to harm the rights of the persons concerned, by means of anonymisation or, where anonymisation is not possible, of pseudonymisation carried out in accordance with state-of-the-art privacy-preserving and privacy-enhancing techniques;'
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate significant socioeconomic or environmental benefits and innovative services;
- (b)
benefit a high number of users, in particular SMEs and SMCs;
- (c)
assist in generating revenues; and
- (d)
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re- use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives.
- 5.
Where making high-value datasets available free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of the bodies involved, Member States may exempt those bodies from the requirement to make those high-value datasets available free of charge for a period of no more than two years following the entry into force of the relevant implementing act adopted in accordance with paragraph 1.
Additional proposed wording Amendment 845 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(db) In Article 32v, paragraph 1, the following point is inserted
where they contain data that may be assimilated to trade secrets, know-how or other strategically sensitive economic information, made available in accordance with economic-security safeguards, including binding conditions on the re-user preventing onward transfer or misuse.'
Justification
High-value datasets are made available for re-use free of charge, in machine-readable format and, where relevant, as bulk downloads, precisely because of their significant socio-economic potential. That very openness heightens the risk that datasets containing personal data or strategically sensitive economic information be misused or transferred in a manner harmful to the persons concerned or to the economic security of the Union and its Member States. This amendment ensures that such datasets, where they contain personal data, are protected by anonymisation or by state-of-the-art pseudonymisation, and, where they contain data assimilable to trade secrets, know-how or strategically sensitive economic information, are made available subject to economic-security safeguards, including binding conditions preventing onward transfer or misuse. These guarantees accompany, rather than restrict, the availability of high-value datasets, and are confined to what is necessary and proportionate.
against:
Article 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific high- value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be:
- (a)
available free of charge, subject to paragraphs 3, 4 and 5;
- (b)
machine readable;
- (c)
provided via APIs; and
- (d)
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re- use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (db)
where they contain data that may be assimilated to trade secrets, know-how or other strategically sensitive economic information, made available in accordance with economic-security safeguards, including binding conditions on the re-user preventing onward transfer or misuse.'
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate significant socioeconomic or environmental benefits and innovative services;
- (b)
benefit a high number of users, in particular SMEs and SMCs;
- (c)
assist in generating revenues; and
- (d)
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re- use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives.
- 5.
Where making high-value datasets available free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of the bodies involved, Member States may exempt those bodies from the requirement to make those high-value datasets available free of charge for a period of no more than two years following the entry into force of the relevant implementing act adopted in accordance with paragraph 1.
Alternative wording Amendment 846 · João Oliveira ITRE · LIBE
against:
Article 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific high-
- (a)
available free of charge, subject to paragraphs 3, 4 and 5;
- (b)
machine readable;
- (c)
provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (d)
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re- use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate
significanteconomic,socioeconomicsocialorand environmental benefits,andwithinnovativetheservicesaim of promoting the public interest; - (b)
benefit a high number of users, in particular SMEs and SMCs;
- (c)
assist in generating revenues; and (d) be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (d)
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re- use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives.
- 5.
Where making high-value datasets available free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of the bodies involved, Member States may exempt those bodies from the requirement to make those high-value datasets available free of charge for a period of no more than two years following the entry into force of the relevant implementing act adopted in accordance with paragraph 1.
Alternative wording Amendment 847 · João Oliveira ITRE · LIBE
against:
Article 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific high-
- (a)
available free of charge, subject to paragraphs 3, 4 and 5;
- (b)
machine readable;
- (c)
provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (d)
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re- use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate significant socioeconomic or environmental benefits and innovative services;
- (b)
benefit a high number of users, in particular SMEs
and SMCs; - (c)
assist in generating revenues; and (d) be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (d)
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re- use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives.
- 5.
Where making high-value datasets available free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of the bodies involved, Member States may exempt those bodies from the requirement to make those high-value datasets available free of charge for a period of no more than two years following the entry into force of the relevant implementing act adopted in accordance with paragraph 1.
Remove proposed wording Amendment 848 · João Oliveira ITRE · LIBE
against:
Article 32v
Specific high-value datasets and arrangements for publication and re-use
- 1.
The Commission shall adopt implementing acts laying down a list of specific high-
- (a)
available free of charge, subject to paragraphs 3, 4 and 5;
- (b)
machine readable;
- (c)
provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (d)
provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and re- use of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- (a)
- 2.
The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:
- (a)
generate significant socioeconomic or environmental benefits and innovative services;
- (b)
benefit a high number of users, in particular SMEs and SMCs;
- (c)
assist in generating revenues; and - (d)
be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-
- (a)
- 3.
By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.
- 4.
The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives.
- 5.
Where making high-value datasets available free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of the bodies involved, Member States may exempt those bodies from the requirement to make those high-value datasets available free of charge for a period of no more than two years following the entry into force of the relevant implementing act adopted in accordance with paragraph 1.
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Article 32v
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 32v
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 32v
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 32v(2)(a)
Wording reproduced in the amendment → Amendment 846 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 846 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32v(2)(b)
Wording reproduced in the amendment → Amendment 847 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 847 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32v(2)(c)
Wording reproduced in the amendment → Amendment 848 · ITRE–LIBE amendments 777–1052 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 848 · ITRE–LIBE amendments 777–1052 to the draft report: removal
This wording is removed.