Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 41a

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

Article total: 2 parts · 3 Council drafts · 19 Parliament amendments

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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 41a

European Data Innovation Board

  1. 1.

    The European Data Innovation Board is established as a means to advising and assisting the Commission in coordinating the enforcement of this Regulation and to serve as a forum of discussion for the development of a European data economy and data policies.

  2. 2.

    It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group.

  3. 3.

    The Commission shall decide on the composition of the different configurations in which the Board will fulfil its tasks.

  4. 4.

    The Commission shall chair the meetings of the European Data Innovation Board.

Commission source wording and instructions

Article 41a

Commission proposal

Article 41a European Data Innovation Board (1) The European Data Innovation Board is established as a means to advising and assisting the Commission in coordinating the enforcement of this Regulation and to serve as a forum of discussion for the development of a European data economy and data policies. (2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. (3) The Commission shall decide on the composition of the different configurations in which the Board will fulfil its tasks. (4) The Commission shall chair the meetings of the European Data Innovation Board.

Institutional text

Council Presidency texts

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

Article 41a

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 41a European Data Innovation Board

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

Political group at the amendment date where available; otherwise the current Parliament affiliation.

Alternative wording Amendment 38 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group The European Data Innovation Board (EDIB) shall include structured participation from all relevant stakeholders, and such participation shall ensure balanced representation and shall not affect the independence of competent authorities.
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Alternative wording Amendment 62 JURI draft opinion · Brando Benifei (rapporteur)
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. If a Member State has designated more than one competent authority or competent body, they shall be represented in the plenary meetings of the Board by the designated data coordinator. Other competent authorities or competent bodies entrusted with specific operational responsibilities for the application and enforcement of this Regulation may participate in the thematic subgroups of the Board relevant for their responsibilities. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group.
Justification

This amendment clarifies the representation and participation structure within the European Data Innovation Board, helping ensure more effective coordination between competent authorities and better involvement of bodies with specific operational responsibilities in relevant thematic discussions.

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Alternative wording Amendment 87 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(1) The European Data Innovation Board is established as a means to advising and assisting the Commission in coordinating the enforcement of this Regulation and to serve as a forum of discussion for the development of a European data economy and data policies, while respecting the competences and tasks of the European Data Protection Board and supervisory authorities under Regulation (EU) 2016/679.
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Alternative wording Amendment 88 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from civil society organisations, consumer organisations, academia, independent technical experts, and representatives of SMEs. Such participation shall ensure balanced representation and shall not affect the independence of competent authorities.
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Alternative wording Amendment 89 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(3) The Commission, upon consultation of the Board, shall decide on the composition of the different configurations in which the Board will fulfil its tasks.
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Alternative wording Amendment 230 · David Cormand JURI
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from civil society organisations, consumer organisations, academia, independent technical experts, and representatives of SMEs and micro-enterprises. Such participation shall ensure balanced representation and shall not affect the independence of competent authorities.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41 a

Alternative wording Amendment 331 · Virginie Joron IMCO
(1) The European Data Innovation Board is established as a means to advising and assisting the Commission and the European Data Protection Board in coordinating the enforcement of this Regulation and to serve as a forum of discussion for the development of a European data economy and data policies.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / ‘Article 41a

Alternative wording Amendment 332 · David Cormand on behalf of the Verts/ALE Group IMCO
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from civil society, independent experts, and representatives of SMEs. Such participation shall be balanced and not affect the independence of competent authorities.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a

Alternative wording Amendment 333 · Sophia Kircher IMCO
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from all relevant stakeholders and such participation shall ensure balanced representation and shall not affect the independence of competent authorities.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 2

Alternative wording Amendment 879 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(1) The European Data Innovation Board is established as a means to advising and assisting the Commission and the European Data Protection Board in coordinating the enforcement of this Regulation and to serve as a forum of discussion for the development of a European data economy and data policies.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 1

Alternative wording Amendment 880 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(1) The European Data Innovation Board is established as a means to advising and assisting the Commission in coordinatingcoordinate the enforcement of this Regulation, to advise and assist the Commission and national competent authorities, and to serve as a forum of discussion for the development of a European data economy and data policies.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 1

Additional proposed wording Amendment 881 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 1a (new)

Alternative wording Amendment 882 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from all relevant stakeholders and such participation shall ensure balanced representation and shall not affect the independence of competent authorities. Such participation shall be organised in a manner that ensures the absence of conflicts of interest and safeguards the independence of the Board. In particular, very large enterprises including undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and other natural or legal persons representing them, including interest organisations including them as members, shall be excluded from participation in the stakeholder component of the Board, without prejudice to their ability to be openly consulted in individual proceedings where appropriate and subject to strict conflict-of-interest safeguards.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 2

Alternative wording Amendment 883 · Mary Khan ITRE · LIBE
(2) ItThe European Data Innovation Board shall be composed at least of representativesone ofrepresentative appointed by each Member StatesState. competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, theThe European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy orand a representative appointedof small and medium-sized enterprises shall participate in an advisory capacity. Additional members may be admitted only by thea networkunanimous of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the membersdecision of the grouprepresentatives of the Member States.
Justification

A coordination forum shall not become a substitute legislator or a central enforcement body under the control of the Commission.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 2

Remove proposed wording Amendment 884 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(3) The Commission shall decide on the composition of the different configurations in which the Board will fulfil its tasks.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 3

Deletion marker printed in the source: deleted

Alternative wording Amendment 885 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
(3) The Commission, taking utmost account of the opinion of the Board and the European Data Protection Board for matters related to the processing of personal data, shall decide on the composition of the different configurations in which the Board will fulfil its tasks.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 3

Alternative wording Amendment 886 · Mary Khan ITRE · LIBE
(3) The Commissionrepresentatives of the Member States shall decide on the functioning and composition of the differentrespective configurations. inDecisions whichand theopinions Boardshall willbe fulfiladopted itsby tasksconsensus.
Justification

A coordination forum shall not become a substitute legislator or a central enforcement body under the control of the Commission.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation 2023/2854 / Article 41a – paragraph 3

Remove proposed wording Amendment 887 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(4) The Commission shall chair the meetings of the European Data Innovation Board.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 4

Deletion marker printed in the source: deleted

Alternative wording Amendment 888 · Mary Khan ITRE · LIBE
(4) The board shall be chaired by each Member State representative for a period of 12 months, rotating in accordance with the order laid down by the Council. The Commission shall chairparticipate without the meetingsright ofto vote and shall provide the European Data Innovation Boardsecretariat.
Justification

A coordination forum shall not become a substitute legislator or a central enforcement body under the control of the Commission.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 4