Article 35

16a. In Article 35, paragraph 5 is amended as follows:

5. The Commission may, by means of implementing acts, adopt common specifications based on open interoperability specifications covering all of the essential requirements laid down in paragraphs 1 and 2 only where no harmonised standard or standards covering the relevant requirements are available, no standardisation work covering those requirements is ongoing, and the relevant European standardisation organisations have formally refused the request to develop harmonised standards. Before adopting common specifications, the Commission shall demonstrate, on the basis of a public technical and economic assessment, that they are strictly necessary, technically and economically feasible, and proportionate. Any common specifications adopted pursuant to this paragraph shall not go beyond the essential requirements laid down in paragraphs 1 and 2 and shall not impose additional technical design, architectural, operational or commercial obligations."

Justification

This amendment prevents the Data Act from becoming an outlier in EU law by allowing Commission-mandated common specifications without a prior standardisation process. In line with better law-making, proportionality and market-driven standardisation, common specifications must remain a last-resort tool, based on evidence and feasibility, not a shortcut for politically imposed technical solutions or new obligations beyond the Regulation’s essential requirements.

16b. In Article 35, paragraph 8 is amended as follows:

8. For the purpose of Article 30(3), the Commission shallmay, by means of implementing acts, publish the references of harmonised standards and common specifications for the interoperability of data processing services in a central Union standards repository for the interoperability of data processing services. References to common specifications shall not be published unless those common specifications have been adopted in accordance with paragraph 5 and 6. Without prejudice to the publication of references to harmonised standards developed pursuant to Regulation (EU) No 1025/2012, the Commission shall not select or publish any reference where doing so would disproportionately favour a specific provider, group of providers, technical stack, architecture or business model, or impose unnecessary migration, re-engineering or compliance costs where less disruptive alternatives are available."

Justification

As per changes to Article 35 - paragraph 5 and to ensure that open interoperability specifications, as well as common specifications are not used to distort the competition.

In Article 35, the following paragraphs are inserted

Justification

This amendment establishes clear governance and transparency safeguards for the central Union standards repository without duplicating the substantive conditions in Article 35(5). It ensures that references added to the repository are version-specific, scope-limited and subject to stakeholder scrutiny. It also prevents opaque preparation of common specifications through external consultants or privileged informal channels, reducing risks of regulatory capture and ensuring equal access, market trust and better law-making.