Article 8
Amendments as tabled
One amendment · ITRE–LIBE amendments 527–776 to the draft report
637 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Data holders and data recipients that comply with a code of conduct drawn up by industry associations and recognised by the Commission shall be…”
4a. In Article 8, the following paragraph is added:
Data holders and data recipients that comply with a code of conduct drawn up by industry associations and recognised by the Commission shall be presumed to comply with the requirement to make data available under fair, reasonable and non-discriminatory terms and conditions laid down in paragraph 1. The Commission may recognise such codes of conduct, taking into account the advice of the EDIB.
Justification
Data holders and recipients complying with a code of conduct drawn up by industry associations and recognised by the Commission are presumed to comply with the requirement of fair, reasonable and non-discriminatory terms. The presumption is rebuttable and does not affect the mandatory character of the obligation to make data available. Sectoral codes provide legal certainty at lower cost, particularly for SMEs.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 89
- Printed header
- Article 1 – paragraph 1 – point 4 a (new) / Regulation (EU) 2023/2854 / Article 8 – Paragraph 6a (new)