20200340COD-30_11_2021-VersionforTrilogueon30November2021
Dieses Dokument ist Teil der Anfrage „Trilog Data Governance Act“
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) Version [Version for Trilogue on 30 November, 2021] 30-11-2021 at 13h07 Commission Proposal EP Mandate Council Mandate Draft Agreement Formula 2020/0340 (COD) 2020/0340 (COD) 2020/0340 (COD) 2020/0340 (COD) G 1 Text Origin: Commission G Proposal Proposal Title Proposal for a Proposal for a Proposal for a Proposal for a REGULATION OF THE REGULATION OF THE REGULATION OF THE REGULATION OF THE EUROPEAN PARLIAMENT AND EUROPEAN PARLIAMENT AND EUROPEAN PARLIAMENT AND EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE COUNCIL OF THE COUNCIL OF THE COUNCIL G 2 on European data governance on European data governance on European data governance on European data governance G (Data Governance Act) (Data Governance Act) (Data Governance Act) (Data Governance Act) (Text with EEA relevance) (Text with EEA relevance) (Text with EEA relevance) (Text with EEA relevance) Text Origin: Commission Proposal Formula THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE AND THE COUNCIL OF THE AND THE COUNCIL OF THE AND THE COUNCIL OF THE G 3 EUROPEAN UNION, EUROPEAN UNION, EUROPEAN UNION, EUROPEAN UNION, G Text Origin: Commission Proposal Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) 30-11-2021 at 13h07 1/250
Commission Proposal EP Mandate Council Mandate Draft Agreement Citation 1 Having regard to the Treaty on the Having regard to the Treaty on the Having regard to the Treaty on the Having regard to the Treaty on the Functioning of the European Union, Functioning of the European Union, Functioning of the European Union, Functioning of the European Union, G 4 and in particular Article 114 thereof, and in particular Article 114 thereof, and in particular Article 114 thereof, and in particular Article 114 thereof, G Text Origin: Commission Proposal Citation 2 Having regard to the proposal from Having regard to the proposal from Having regard to the proposal from Having regard to the proposal from the European Commission, the European Commission, the European Commission, the European Commission, G 5 G Text Origin: Commission Proposal Citation 3 After transmission of the draft After transmission of the draft After transmission of the draft After transmission of the draft legislative act to the national legislative act to the national legislative act to the national legislative act to the national G 6 parliaments, parliaments, parliaments, parliaments, G Text Origin: Commission Proposal Citation 4 Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the European Economic and Social European Economic and Social European Economic and Social European Economic and Social G 7 Committee , 1 Committee , 1 Committee , 1 Committee , 1 G _________ _________ _________ _________ 1. OJ C , , p. . 1. OJ C , , p. . 1. OJ C , , p. . 1. OJ C , , p. . Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) 30-11-2021 at 13h07 2/250
Commission Proposal EP Mandate Council Mandate Draft Agreement Text Origin: Commission Proposal Citation 5 Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the Committee of the Regions1, Committee of the Regions1, Committee of the Regions1, Committee of the Regions1, _________ _________ _________ _________ G 8 1. OJ C , , p. . 1. OJ C , , p. . 1. OJ C , , p. . 1. OJ C , , p. . G Text Origin: Commission Proposal Citation 6 Acting in accordance with the Acting in accordance with the Acting in accordance with the Acting in accordance with the ordinary legislative procedure, ordinary legislative procedure, ordinary legislative procedure, ordinary legislative procedure, G 9 G Text Origin: Commission Proposal Formula Whereas: Whereas: Whereas: Whereas: G 10 Text Origin: Commission G Proposal Recital 1 (1) The Treaty on the functioning of (1) The Treaty on the Functioning (1) The Treaty on the functioning of (1) The Treaty on the Functioning the European Union (‘TFEU’) of the European Union (‘TFEU’) the European Union (‘TFEU’) of the European Union (‘TFEU’) G 11 G provides for the establishment of an provides for the establishment of an provides for the establishment of an provides for the establishment of an internal market and the institution of internal market and the institution of internal market and the institution of internal market and the institution of a system ensuring that competition a system ensuring that competition a system ensuring that competition a system ensuring that competition Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) 30-11-2021 at 13h07 3/250
Commission Proposal EP Mandate Council Mandate Draft Agreement in the internal market is not in the internal market is not in the internal market is not in the internal market is not distorted. The establishment of distorted. The establishment of distorted. The establishment of distorted. The establishment of common rules and practices in the common rules and practices in the common rules and practices in the common rules and practices in the Member States relating to the Member States relating to the Member States relating to the Member States relating to the development of a framework for development of a framework for development of a framework for development of a framework for data governance should contribute to data governance should contribute to data governance should contribute to data governance should contribute to the achievement of those objectives. the achievement of those objectives, the achievement of those objectives. the achievement of those objectives, while fully respecting fundamental while fully respecting fundamental rights. It should also guarantee the rights. It should also guarantee the strengthening of the open strategic strengthening of the open strategic autonomy of the Union while autonomy of the Union while ensuring free flow of data. fostering international free flow of data. Text Origin: EP Mandate Recital 2 (2) Over the last few years, digital (2) Over the last few yearsdecade, (2) Over the last few years, digital (2) Over the last few yearsdecade, technologies have transformed the digital technologies have technologies have transformed the digital technologies have economy and society, affecting all transformed the economy and economy and society, affecting all transformed the economy and sectors of activity and daily life. society, affecting all sectors of sectors of activity and daily life. society, affecting all sectors of Data is at the centre of this activity and daily life. Data is at the Data is at the centre of this activity and daily life. Data is at the transformation: data-driven centre of this transformation: data- transformation: data-driven centre of this transformation: data- innovation will bring enormous driven innovation will bring innovation will bring enormous driven innovation will bring benefits for citizens, for example enormous benefits both for citizens benefits for citizens and the enormous benefits both for citizens G 12 through improved personalised and the economy, for example economy, for example through and the economy, for example G medicine, new mobility, and its through improved personalised improved personalised medicine, through improved personalised contribution to the European Green medicine, new mobility, and its new mobility, and its contribution to medicine, new mobility, and its Deal1. In its Data Strategy2, the contribution to the communication the European Green Deal1. In its contribution to the communication Commission described the vision of of the Commission of 11 December Data Strategy , the Commission 2 of the Commission of 11 December a common European data space, a 2019 on the European Green Deal. described the vision of a common 2019 on the European Green Deal. Single Market for data in which data The data economy has to be built in European data space, a Single The data economy has to be built in could be used irrespective of its a way to enable businesses, in Market for data in which data could a way to enable businesses, in physical location of storage in the particular micro, small and medium be used irrespective of its physical particular micro, small and medium Union in compliance with applicable sized enterprises (SMEs) as defined location of storage in the Union in sized enterprises (SMEs) as defined Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) 30-11-2021 at 13h07 4/250
Commission Proposal EP Mandate Council Mandate Draft Agreement law. It also called for the free and in the annex to Commission compliance with applicable law. It in the annex to Commission safe flow of data with third Recommendation 2003/361/EC1 also called for the free and safe flow Recommendation 2003/361/EC1 countries, subject to exceptions and and start-ups to thrive, ensuring of data with third countries, subject and start-ups to thrive, ensuring restrictions for public security, data access neutrality, portability to exceptions and restrictions for data access neutrality, portability public order and other legitimate and interoperability, and avoiding public security, public order and and interoperability, and avoiding public policy objectives of the lock-in effects1. In its other legitimate public policy lock-in effects1. In its European Union, in line with Datacommunication of 19 objectives of the European Union, in Datacommunication of 19 international obligations. In order to February 2020 on a European line with international obligations. In February 2020 on a European turn that vision into reality, it Strategy for data, the Commission 2 order to turn that vision into reality, Strategy for data, the Commission 2 proposes to establish domain- described the vision of a common it proposes to establish domain- described the vision of a common specific common European data European data space, a Single specific common European data European data space, a Single spaces, as the concrete arrangements Market for data in which data could spaces, as the concrete arrangements Market for data in which data could in which data sharing and data be used irrespective of its physical in which data sharing and data be used irrespective of its physical pooling can happen. As foreseen in location of storage in the Union in pooling can happen. As foreseen in location of storage in the Union in that strategy, such common compliance with applicable law, that strategy, such common compliance with applicable law, European data spaces can cover which inter alia can be pivotal for European data spaces can cover which inter alia can be pivotal for areas such as health, mobility, the rapid development of artificial areas such as health, mobility, the rapid development of artificial manufacturing, financial services, intelligence technologies. It also manufacturing, financial services, intelligence technologies. It also energy, or agriculture or thematic called for the free and safe flow of energy, or agriculture or thematic called for the free and safe flow of areas, such as the European green data with third countries, subject to areas, such as the European green data with third countries, subject to deal or European data spaces for exceptions and restrictions foron the deal or European data spaces for exceptions and restrictions for public public administration or skills. basis of fundamental rights, public public administration or skills, as security, public order and other _________ security, public order and other well as a combination of these legitimate public policy objectives of 1. Communication from the Commission to legitimate public policy objectives of areas, e.g. energy and climate. the European Union, in line with the European Parliament, the European the European Union, in line with _________ international obligations, including Council, the Council, the European international obligations. In order to 1. [1] Communication from the on fundamental rights. In order to Economic and Social Committee and the turn that vision into reality, it Commission to the European Parliament, the turn that vision into reality, it Committee of the Regions on the European European Council, the Council, the European Green Deal. Brussels, 11.12.2019. proposes to establish domain- Economic and Social Committee and the proposes to establish domain- (COM(2019) 640 final) specific common European data specific common European data Committee of the Regions on the European 2. COM (2020) 66 final. spaces, as the concrete arrangements Green Deal. Brussels, 11.12.2019. spaces, as the concrete arrangements in which data sharing and data (COM(2019) 640 final) in which data sharing and data 2. [2] COM (2020) 66 final. pooling can happen. As foreseen in pooling can happen. As foreseen in that strategy, such common that strategy, such common European data spaces can cover European data spaces can cover areas such as health, mobility, areas such as health, mobility, manufacturing, financial services, manufacturing, financial services, energy, or agriculture or thematic energy, or agriculture or thematic Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) 30-11-2021 at 13h07 5/250
Commission Proposal EP Mandate Council Mandate Draft Agreement areas, such as the European green areas, such as the European green deal or European data spaces for deal or European data spaces for public administration or skills. In public administration or skills, as accordance with the FAIR data well as a combination of these principles, common European data areas, e.g. energy and climate. In spaces should make data findable, accordance with the FAIR data accessible, interoperable and re- principles, common European data usable, while ensuring a high level spaces should make data findable, of cybersecurity. When there is a accessible, interoperable and re- level playing field in the data usable, while ensuring a high level economy, businesses compete on of cybersecurity. When there is a quality of services, and not on the level playing field in the data amount of data they control. For economy, businesses compete on the purposes of the design, creation quality of services, and not on the and maintenance of the level amount of data they control. For playing field in the data economy, a the purposes of the design, creation sound governance is needed, in and maintenance of the level which relevant stakeholders of a playing field in the data economy, a common European data space need sound governance is needed, in to be represented and engaged. which relevant stakeholders of a _________ common European data space need 1. Communication from the Commission to to be represented and engaged. the European Parliament, the European _________ Council, the Council, the European 1. Communication from the Commission to Economic and Social Committee and the the European Parliament, the European Committee of the Regions on the European Council, the Council, the European Green Deal. Brussels, 11.12.2019. Economic and Social Committee and the (COM(2019) 640 finalCommission Committee of the Regions on the European Recommendation 2003/361/EC of 6 May Green Deal. Brussels, 11.12.2019. 2003 concerning the definition of micro, (COM(2019) 640 finalCommission small and medium-sized enterprises (OJ L Recommendation 2003/361/EC of 6 May 124, 20.5.2003, p. 36). 2003 concerning the definition of micro, 2. COM (2020) 66 final. small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36). 2. COM (2020) 66 final. Text Origin: EP Mandate Recital 2a Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) 30-11-2021 at 13h07 6/250
Commission Proposal EP Mandate Council Mandate Draft Agreement (2a) The Union’s growth potential (deleted) depends on the skills of its Text Origin: EP Mandate population and workforce. Bearing in mind that 42% of Union citizens lack basic digital skills1, promoting digital literacy will be a key element in increasing citizens’ trust in G 12a intensifying data sharing. G Improving data literacy should be part of the strategic actions to reduce social inequalities and to promote a just digital environment. _________ 1. Analyse one indicator and compare breakdowns — Digital Scoreboard - Data & Indicators (digital-agenda-data.eu) Recital 2b (2b) Action at Union and national (deleted) level is necessary to address the fact Text Origin: EP Mandate G 12b that women are under-represented G at all levels in the digital sector in the Union. Recital 2c (2c) It is important for the Union to (deleted) focus on the need to develop the Text Origin: EP Mandate data economy, in particular by G 12c G building common European data spaces, paying particular attention to software engineering and attracting talent to the information Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) 30-11-2021 at 13h07 7/250
Commission Proposal EP Mandate Council Mandate Draft Agreement and communication technology (ICT) sector in order to build European know-how that focuses on next-generation and cutting- edge technologies. Recital 2d (2d) In order to facilitate and encourage the use of public sector data for the purposes of scientific research, public sector bodies are encouraged to develop a harmonized approach and processes to make public sector data easily accessible for the purposes of scientific research in the public interest. This could mean, inter alia, creating streamlined administrative procedures, standardized data G 12d formatting, informative metadata G on the methodological and data collection choices, and standardized data-fields that enable the easy joining of data-sets from different public sector data sources where relevant for the purposes of analysis. These practices should have as its objective the promotion of the publicly funded and produced data for the purposes of scientific research in accordance with the principle of ‘as open as possible, as closed as necessary’; Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) 30-11-2021 at 13h07 8/250
Commission Proposal EP Mandate Council Mandate Draft Agreement Recital 3 (3) It is necessary to improve the (3) It is necessary to improve the (3) It is necessary to improve the (3) It is necessary to improve the conditions for data sharing in the conditions for data sharing in the conditions for data sharing in the conditions for data sharing in the internal market, by creating a internal market, by creating a internal market, by creating a internal market, by creating a harmonised framework for data harmonised framework for data harmonised framework for data harmonised framework for data exchanges. Sector-specific exchanges, paying specific attention exchanges and laying down certain exchanges and laying down certain legislation can develop, adapt and to facilitating cooperation. This basic requirements for data basic requirements for data propose new and complementary Regulation should aim to develop governance. Sector-specific governance, paying specific elements, depending on the further a borderless digital internal legislation can develop, adapt and attention to facilitating cooperation specificities of the sector, such as the market and a human-centric, propose new and complementary between Member States. This envisaged legislation on the trustworthy and secure data society elements, depending on the Regulation should aim to develop European health data space and on 1 and economy. Sector-specific specificities of the sector, such as the further a borderless digital internal access to vehicle data. Moreover, legislation can develop, adapt and envisaged legislation on the market and a human-centric, certain sectors of the economy are propose new and complementary European health data space and on 1 trustworthy and secure data society already regulated by sector-specific elements, depending on the access to vehicle data. Moreover, and economy. Sector-specific Union law that include rules relating specificities of the sector, such as the certain sectors of the economy are legislation can develop, adapt and to cross-border or Union wide envisaged legislation on the already regulated by sector-specific propose new and complementary sharing or access to data . This 2 European health data space and on 1 Union law that include rules relating elements, depending on the G 13 G Regulation is therefore without access to vehicle data. Moreover, to cross-border or Union wide specificities of the sector, such as the prejudice to Regulation (EU) certain sectors of the economy are sharing or access to data . This 2 envisaged legislation on the 2016/679 of the European already regulated by sector-specific Regulation is should therefore be European health data space1 and on Parliament and of the Council (3), Union law that include rules relating without prejudice to Regulation access to vehicle data. Moreover, and in particular the implementation to cross-border or Union wide (EU) 2016/679 Directive (EU) certain sectors of the economy are of this Regulation shall not prevent sharing or access to data . This 2 2016/943 of the European already regulated by sector-specific cross border transfers of data in Regulation is therefore without Parliament and of the Council ( ), 3 Union law that include rules relating accordance with Chapter V of prejudice to Regulation (EU) and in particular the implementation to cross-border or Union wide Regulation (EU) 2016/679 from 2016/679 of the European of this Regulation shall not prevent sharing or access to data2. This taking place, Directive (EU) Parliament and of the Council (3), cross border transfers of data in Regulation is should therefore be 2016/680 of the European and in particular the implementation accordance with Chapter V of without prejudice to Regulation Parliament and of the Council ( ),4 of this Regulation shall not prevent Regulation (EU) 2016/679 from (EU) 2016/679 Directive (EU) Directive (EU) 2016/943 of the cross border transfers of data in taking place, Directive (EU) 2016/943 of the European European Parliament and of the accordance with Chapter V of 2016/6802018/1807 of the European Parliament and of the Council (3), Council (5), Regulation (EU) Regulation (EU) 2016/679 from Parliament and of the Council (4), and in particular the implementation 2018/1807 of the European taking place, Directive (EU) Directive (EURegulation (EC) of this Regulation shall not prevent Parliament and of the Council ( ),6 2016/680 of the European 2016/943No 223/2009 of the cross border transfers of data in Regulation (EC) No 223/2009 of the Parliament and of the Council ( ),4 European Parliament and of the accordance with Chapter V of Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) 30-11-2021 at 13h07 9/250
Commission Proposal EP Mandate Council Mandate Draft Agreement European Parliament and of the Directive (EU) 2016/943 of the Council (5), Regulation (EU) Regulation (EU) 2016/679 from Council (7), Directive 2000/31/EC of European Parliament and of the 2018/1807Directive 2000/31/EC of taking place, Directive (EU) the European Parliament and of the Council (5)3, Regulation (EU) the European Parliament and of the 2016/6802018/1807 of the European Council ( ), Directive 2001/29/EC of 8 2018/1807 of the European Council ( ), Regulation (EC) No 6 Parliament and of the Council ( ), 4 the European Parliament and of the Parliament and of the Council ( ) , 6 4 223/2009Directive 2001/29/EC of Directive (EURegulation (EC) Council (9), Directive (EU) Regulation (EC) No 223/2009 of the the European Parliament and of the 2016/943No 223/2009 of the 2019/790 of the European European Parliament and of the Council (7), Directive European Parliament and of the Parliament and of the Council (10), Council (7)5, Directive 2000/31/EC 2000/31/EC(EU) 2019/790 of the Council (5), Regulation (EU) Directive 2004/48/EC of the of the European Parliament and of European Parliament and of the 2018/1807Directive 2000/31/EC of European Parliament and of the the Council ( ) , Directive 8 6 Council ( ), Directive 8 the European Parliament and of the Council ( ), Directive (EU) 11 2001/29/EC of the European 2001/29/EC2004/48/EC of the Council ( ), Regulation (EC) No 6 2019/1024 of the European Parliament and of the Council (9)7, European Parliament and of the 223/2009Directive 2001/29/EC of Parliament and of the Council (12), as Directive (EU) 2019/790 of the Council (9), Directive (EU) the European Parliament and of the well as Regulation 2018/858/EU of European Parliament and of the 2019/7902019/1024 of the European Council (7), Directive the European Parliament and of the Council ( ) , Directive 2004/48/EC 10 8 Parliament and of the Council ( ), 10 2000/31/EC(EU) 2019/790 of the Council ( ), Directive 2010/40/EU 13 of the European Parliament and of Directive 2004/48/ECas well as European Parliament and of the of the European Parliament and of the Council ( ) , Directive (EU) 11 9 Regulation 2018/858/EU of the Council ( ), Directive 8 the Council (14) and Delegated 2019/1024 of the European European Parliament and of the 2001/29/EC2004/48/EC of the Regulations adopted on its basis, and Parliament and of the Council (12)10, Council (11), Directive (EU) European Parliament and of the any other sector-specific Union as well as Regulation 2018/858/EU 2019/10242010/40/EU of the Council (9), Directive (EU) legislation that organises the access of the European Parliament and of European Parliament and of the 2019/7902019/1024 of the European to and re-use of data. This the Council ( ) , Directive 13 11 Council ( ), as well as Regulation 12 Parliament and of the Council ( ), 10 Regulation should be without 2010/40/EU of the European 2018/858/EU , Directive 2007/2/EC Directive 2004/48/ECas well as prejudice to the access and use of Parliament and of the Council (14)12 of the European Parliament and of Regulation 2018/858/EU of the data for the purpose of international and Delegated Regulations adopted the Council (13)13, Directive European Parliament and of the cooperation in the context of on its basis, and any other sector- 2010/40/EU(EU) 2017/1132 of the Council (11), Directive (EU) prevention, investigation, detection specific Union legislation that European Parliament and of the 2019/10242010/40/EU of the or prosecution of criminal offences organises the access to and re-use of Council , Directive (EU ( ) and 14 14 European Parliament and of the or the execution of criminal data. This Regulation should be Delegated Regulations adopted on Council (12), as well as Regulation penalties. A horizontal regime for without prejudice to Union or its basis,2015/849 of the European 2018/858/EU , Directive 2007/2/EC the re-use of certain categories of Member State law on the access and Parliament and of the Council15 and of the European Parliament and of protected data held by public sector use of data for the purpose of any other sector-specific Union the Council ( ) , Directive 13 13 bodies, the provision of data sharing international cooperation in the legislation that organises the access 2010/40/EU(EU) 2017/1132 of the services and of services based on context of prevention, investigation, to and re-use of data. This European Parliament and of the data altruism in the Union should be detection or prosecution of criminal Regulation should be without Council14, Directive (EU (14) and established. Specific characteristics offences or the execution of criminal prejudice to Union and national law Delegated Regulations adopted on of different sectors may require the penalties, as well as international on the access and use of data for the its basis,2015/849 of the European Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European data governance (Data Governance Act) (Text with EEA relevance) 2020/0340(COD) 30-11-2021 at 13h07 10/250
