Summary Yes. Under the proposed Cloud and AI Development Act (CADA), Open Source Programme Offices (OSPOs) established by public sector bodies at local, regional, or national levels are explicitly eligible to join the EU-wide network. Participation is voluntary and requires a formal request to the European Commission. As proposed in Article 44(2), this multi-level inclusion ensures that cooperation on open-source implementation extends beyond national capitals to include municipal and regional digital leaders.

Detail

The proposed Cloud and AI Development Act (CADA), COM(2026) 502 final, establishes a comprehensive framework to strengthen the European cloud and AI ecosystem. A critical component of this framework is the promotion of open source to enhance transparency, security, and technological sovereignty. To operationalise this, Article 44 creates a dedicated OSPO Network designed to facilitate cooperation across all tiers of public administration.

The Legal Basis: Article 44

Article 44(1) mandates that the Commission shall establish a network of Open Source Programme Offices (the "OSPO Network"). The primary purpose of this network is to facilitate cooperation on the implementation of the obligations set out in Chapter V of the Regulation. This chapter includes Article 41, which encourages the use of open standards and open-source licences, and Article 42, which requires public sector bodies to share software via repositories connected to the EU Open Source Solutions Catalogue.

The network is not merely a communication channel; it is a structured mechanism to ensure consistent implementation of open-source obligations across the Union, addressing common technical, legal, and organisational challenges.

Eligibility: Explicit Multi-Level Participation

A key feature of the CADA proposal is its inclusive approach to public administration. Article 44(2) explicitly defines the scope of eligible participants, ensuring that the network is not restricted to central governments. The text states:

"Open Source Programme Offices established by public sector bodies at local, regional or national level in a Member State, and those established by Union entities, may request from the Commission to join the OSPO Network."

This provision confirms three distinct categories of eligibility:

  1. Local Authorities: OSPOs established by municipalities, cities, or local councils.
  2. Regional Authorities: OSPOs established by regional governments or devolved administrations.
  3. National Authorities: OSPOs established at the central government level of a Member State.
  4. Union Entities: OSPOs established by EU institutions, bodies, offices, and agencies.

By explicitly naming "local" and "regional" levels, the proposal acknowledges that open-source adoption and software reuse often happen at the operational level where public services are delivered.

The Joining Process: A Formal Request

Membership in the OSPO Network is not automatic. Eligible bodies must take proactive steps to join. Article 44(2) specifies that these offices "may request from the Commission to join."

While the proposal does not detail the specific administrative forms or digital portals required for this request in the text of Article 44 itself, it establishes a clear procedural requirement:

  • Initiative: The public sector body must initiate the request.
  • Recipient: The request is directed to the European Commission.
  • Commission Role: Under Article 44(4), the Commission is tasked to "support and coordinate the OSPO Network." This implies that the Commission will manage the intake of requests, verify eligibility, and facilitate the onboarding of new members.

The voluntary nature of this request is reinforced by the language "may request," indicating that while the network is available to all eligible levels, joining is a choice made by the individual public sector body.

Functions and Coordination of the Network

Once an OSPO joins the network, it gains access to a structured platform for collaboration. Article 44(3) outlines four specific tasks the network will perform:

  1. Exchange of Information and Best Practices: The network facilitates the sharing of information, experience, and best practices between Member States and the Commission. This includes discussions on common challenges related to licensing, security, maintenance, and procurement of open-source software. For a local authority, this could mean accessing templates for open-source procurement contracts developed by a national OSPO.
  2. Promotion of Reuse: The network actively promotes the sharing and reuse of open-source software by public sector bodies, helping to reduce duplication of effort and costs.
  3. Development of Guidance: Members contribute, on a voluntary and non-binding basis, to the development of guidance, templates, or recommendations on the sharing and reuse of open-source software. This ensures that practical tools are developed by practitioners for practitioners.
  4. Project Collaboration: The network enables collaboration on and the exchange of open-source projects of common interest to Union entities and public sector bodies.

To ensure active management, Article 44(5) requires the Commission to convene and chair a meeting of the members of the OSPO Network at least twice a year. These meetings may be organised online, a provision that significantly lowers barriers to participation for smaller local or regional authorities that may lack the resources for frequent travel.

Relationship with Other CADA Obligations

The OSPO Network operates within the broader context of CADA's open-source strategy.

  • Article 41 encourages Union entities and public sector bodies to use and facilitate the reuse of open standards and components released under an open source licence.
  • Article 42 mandates that when software is made available for reuse, it must be done via a catalogue connected to the EU Open Source Solutions Catalogue (EU OSS Catalogue), which is hosted on the Interoperable Europe portal (Article 43).

The OSPO Network serves as the human infrastructure that supports these technical and legal requirements. It provides the forum where public sector bodies can learn how to comply with Article 42 and how to effectively implement the "open source first" principle of Article 41.

What this means for you

For digital leaders, procurement officers, and IT directors in local and regional governments, the CADA proposal offers a strategic opportunity to integrate into a pan-European open-source ecosystem.

  1. Validate Your OSPO Status: If your local or regional authority has a team managing open-source strategy, ensure it is formally recognised as an OSPO. This formal status is likely a prerequisite for submitting a request to join the network under Article 44(2).
  2. Prepare for the Request Process: Once CADA is adopted and the network is operational, you will need to submit a formal request to the Commission. While specific application details are not yet defined, you should prepare documentation regarding your OSPO's mandate, scope, and the public sector body it represents.
  3. Leverage Collective Intelligence: Joining the network provides access to shared guidance and best practices. For smaller local authorities with limited legal or technical resources, this is a vital resource for navigating complex open-source licensing and security requirements.
  4. Engage in Biannual Dialogue: Be prepared to participate in the meetings convened by the Commission at least twice a year (Article 44(5)). Active participation allows local and regional voices to influence the non-binding guidance and recommendations that will shape EU open-source practices.
  5. Align with National Strategies: Ensure your local open-source activities align with your Member State's national cloud and AI strategy, as required by Article 7. The OSPO Network can serve as a bridge to facilitate this alignment and coordinate efforts across different levels of government.

Common misconceptions

"Only national governments can join the OSPO Network." This is incorrect. Article 44(2) explicitly includes OSPOs established by public sector bodies at "local, regional or national level." The proposal is designed to be inclusive of all tiers of public administration, recognising that innovation often happens at the local level.

"Membership in the OSPO Network is mandatory." Participation is voluntary. The text states that OSPOs "may request" to join. However, while joining the network is optional, the underlying obligations to promote open source (Article 41) and to share software via connected catalogues (Article 42) apply to Union entities and public sector bodies generally.

"The OSPO Network will impose binding rules on local authorities." The contributions of the OSPO Network to guidance, templates, and recommendations are explicitly described in Article 44(3)(c) as "voluntary and non-binding." The network is a cooperative body for exchange and support, not a regulatory enforcement agency.

"Local OSPOs can join immediately." CADA is currently a proposal. The OSPO Network will only be established and operational after the Regulation is formally adopted and enters into force. Article 48 specifies that the Regulation will apply one year after its entry into force. Requests to join can only be made once the Commission has established the network.

Related

This is general information about a draft EU regulation, not legal advice.