Texts to 22 Oct 2026

Amendments as tabled

Four amendments, each tabled separately · IMCO amendments 125–328 to the draft opinion

  1. 269 Alternative Virginie JoronPfE · IMCO “That obligation shall apply irrespective of the place of establishment of the entity which holds or controls the data, where the data are held in the…”

    1. Providers of data processing services, the public sector body making available data or documents in accordance with Chapter VIIc Section 3, the natural or legal person to which the right to re-use data or documents in accordance with Chapter VIIc Section 3 was granted, a data intermediation services provider or a recognised data altruism organisation, as well as any processor or secondary processor acting on their behalf, shall take all adequate technical, organisational and legal measures, including contracts, in order to prevent international and third-country governmentalany access and transfer ofto non-personal data held in the Union or any transfer of such data requested by a third-country authority or by an international body, where such transfer or access would create a conflict with Union law or with the national law of the relevant Member State, without prejudice to paragraph 2 or 3. That obligation shall apply irrespective of the place of establishment of the entity which holds or controls the data, where the data are held in the Union.

    Tabled by
    Virginie Joron
    Group
    PfE
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 16 – point a / Regulation (EU) 2023/2854 / Article 32 – paragraph 1
  2. 270 Alternative Virginie JoronPfE · IMCO “Where the agreement is concluded between the requesting third country and the Union, it shall only give access to the data held by the institutions…”

    2. Any decision or judgment of a third-country court or tribunal and any decision of a third-country administrative authority requiring a provider of data processing services, the public sector body making available data or documents in accordance with Chapter VIIc Section 3, the natural or legal person to which the right to re-use data or documents in accordance with Chapter VIIc Section 3 was granted, a data intermediation services provider or a recognised data altruism organisation to transfer or give access to non-personal data falling within the scope of this Regulation held in the Union shall be recognised or enforceable in any manner only if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union, or any such agreement between the requesting third country and a Member State.’. Where the agreement is concluded between the requesting third country and the Union, it shall only give access to the data held by the institutions, agencies and bodies of the Union, and where it is concluded between the requesting third country and a Member State, it shall not give access to data held in any other Member State;

    Tabled by
    Virginie Joron
    Group
    PfE
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 16 – point a / Regulation 2023/2854 / Article 32 – paragraph 2
  3. 271 Addition Virginie JoronPfE · IMCO “By way of derogation from paragraphs 2 and 3, the Member States may, for reasons of public security or to protect their essential security interests…” numbered 3a

    3a.By way of derogation from paragraphs 2 and 3, the Member States may, for reasons of public security or to protect their essential security interests, designate categories of non-personal data held on their territory whose transfer to a court, tribunal or administrative authority of a third country or access to those data by the latter is prohibited where such transfer or such access would be likely to prejudice public security, the continuity of essential services or the strategic or economic autonomy of the Union or of the relevant Member State. Such designation shall be limited to what is strictly necessary and proportionate to the aim pursued.

    Tabled by
    Virginie Joron
    Group
    PfE
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 16 – point b / Regulation (EU) 2023/2854 / Article 32 – paragraph 3 a (new)
  4. 272 Alternative Virginie JoronPfE · IMCO “pursuant to an international agreement as referred to in paragraph 2”

    5. The provider of data processing services, the public sector body making available data or documents in accordance with Chapter VIIc Section 3, the natural or legal person to which the right to re-use data or documents in accordance with Chapter VIIc Section 3 was granted, the data intermediation services provider or the recognised data altruism organisation shall inform the natural or legal person whose rights and interests might be affected about the existence of a request of a third-country authority to access its data, pursuant to an international agreement as referred to in paragraph 2, before complying withexamining that request, except where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity.’;

    Tabled by
    Virginie Joron
    Group
    PfE
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 16 – point c / Regulation 2023/2854 / Article 32 – paragraph 5