Summary As proposed in the Cloud and AI Development Act (CADA), there is no specific, standalone calendar deadline for the EU Open Source Solutions Catalogue (EU OSS Catalogue) to become operational. Instead, the Commission's obligation to "provide and maintain" the catalogue under Article 43 is functionally tied to the Regulation's general date of application, which is set for one year after its entry into force. Consequently, the catalogue must be fully operational by the time Union entities and public sector bodies are legally required to connect their software repositories to it under Article 42.

Detail

The proposed Cloud and AI Development Act (CADA) establishes a robust framework for open source in the public sector within Title IV, Chapter V. A cornerstone of this framework is the EU Open Source Solutions Catalogue, governed specifically by Article 43. While the text of Article 43 does not explicitly state a launch date (e.g., "within six months"), the operational deadline is derived from the Regulation's temporal structure and the interdependence of its obligations.

The Commission's Obligation Under Article 43

Article 43(1) imposes a clear, continuous duty on the European Commission: "The Commission shall provide and maintain an EU Open Source Solutions Catalogue ('EU OSS Catalogue') as a centralised catalogue to access software made available for reuse by Union entities and public sector bodies."

The phrasing "shall provide and maintain" indicates a mandatory, ongoing responsibility rather than a one-off project with a flexible timeline. Crucially, Article 43 contains no independent deadline clause. This absence implies that the catalogue's operational status is not a standalone milestone but a prerequisite for the broader open-source ecosystem CADA seeks to create. The infrastructure must be ready precisely when the entities required to use it are legally bound to do so.

Tied to the Date of Application (Article 48)

To determine the effective deadline for the catalogue, one must examine the final provisions of the Regulation. Article 48 establishes the temporal framework for the entire Act:

  • Entry into force: The Regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union.
  • Date of application: The Regulation "shall apply from [same day and month as date of entry into force plus 1 year]."

Therefore, the practical deadline for the EU OSS Catalogue to be fully operational is one year after the Regulation's entry into force. By this date, the Commission must have established the technical infrastructure to host the catalogue. This synchronization is necessary because Article 42 simultaneously imposes obligations on Union entities and public sector bodies to make software available for reuse via repositories connected to the EU OSS Catalogue. If the catalogue were not operational by the application date, these bodies would be placed in an impossible position of being unable to comply with their connectivity obligations.

Hosting on the Interoperable Europe Portal

Article 43(2) specifies the technical environment, stating: "The EU OSS Catalogue shall be hosted on the Interoperable Europe portal referred to in Article 8 of Regulation (EU) 2024/903 and shall be accessible electronically free of charge."

This provision anchors the catalogue within the existing digital infrastructure of the Interoperable Europe Act. The Commission is not mandated to build a standalone, isolated database from scratch but to integrate the catalogue as a module within the Interoperable Europe portal. This suggests that the operational readiness of the catalogue depends on the Commission's ability to configure and launch this specific functionality within the existing portal ecosystem. The design ensures that the catalogue serves as a centralized, discoverable access point, leveraging the portal's existing reach and interoperability standards.

The Functional Link to Public Sector Obligations

The operational deadline is functionally locked to the obligations in Article 42. This article mandates that when Union entities or public sector bodies make software available for reuse under an open-source licence, they must do so using a catalogue or repository that is "connected to, and made accessible through, the EU OSS Catalogue."

This creates a logical dependency:

  1. Article 42 requires connection to the catalogue.
  2. Article 43 requires the Commission to provide the catalogue.
  3. Article 48 sets the date when these obligations take effect.

Therefore, the Commission's duty to "provide" the catalogue under Article 43 carries a de facto deadline coinciding with the Regulation's application date. Until the catalogue is live, the mechanism for centralized discovery and reuse envisioned by CADA cannot function, rendering the public sector's ability to comply with Article 42 impossible.

Governance and Connection Criteria

Article 43(3) outlines the governance mechanism for expanding the catalogue's reach. It states that the Commission shall decide, "on the basis of objective and relevant criteria," on requests from Union entities or public sector bodies to have their own catalogues or repositories connected to the EU OSS Catalogue.

This implies an ongoing administrative process that will commence once the central catalogue is operational. While Article 43 does not specify when these "objective and relevant criteria" will be published, the legislative design suggests they must be established prior to or concurrently with the catalogue's launch to ensure a smooth onboarding process for public sector bodies. There are no provisions in Article 43 or Article 48 that allow for a delayed start for the catalogue specifically, reinforcing the synchronization with the Regulation's application date.

What this means for you

For in-house counsel, compliance officers, and IT directors in Union entities and public sector bodies, the absence of a separate "launch date" for the EU OSS Catalogue does not imply a lack of urgency.

  1. Prepare for Synchronization: Your organization's obligation to connect its software repository to the EU OSS Catalogue (under Article 42) begins on the Regulation's application date (one year after entry into force). You must ensure your internal software inventory, licensing processes, and repository infrastructure are ready to integrate with the central catalogue by this time.
  2. Monitor Technical Specifications: Since the catalogue is hosted on the Interoperable Europe portal, closely monitor technical specifications, API documentation, and connection guidelines released by the Commission. The "objective and relevant criteria" for connection mentioned in Article 43(3) will likely be detailed in implementing acts or technical guidelines prior to the application date.
  3. Audit Current Practices: Review how your organization currently shares and reuses software. If you are developing software with public funds or for public interest, ensure you have internal processes to tag, license, and prepare this software for open-source release in a manner compatible with a centralized EU catalogue.
  4. No Grace Period for Infrastructure: Do not assume the Commission will delay the catalogue launch. The legislative design suggests a hard stop at the application date. Failure of the Commission to launch the catalogue by this date would likely trigger political and legal scrutiny, but as a legal entity, you must plan for full compliance by the application date.

Common misconceptions

Misconception 1: The EU OSS Catalogue is a new, standalone website. Correction: Article 43(2) clarifies that the catalogue will be hosted on the existing Interoperable Europe portal. It is an integration into an existing digital public service infrastructure, not a new, separate domain or platform built from scratch.

Misconception 2: There is a specific "launch date" for the catalogue separate from the Regulation. Correction: Article 43 does not set a standalone launch date. The deadline is derived from Article 48, which sets the application date of the entire Regulation. The catalogue must be operational by the time the Regulation applies.

Misconception 3: Only the Commission is responsible for the catalogue's content. Correction: While the Commission provides and maintains the central infrastructure (Article 43(1)), the content is populated by Union entities and public sector bodies. Under Article 42, these bodies must make their software available through connected repositories. The Commission's role is to provide the central access point and decide on connections based on criteria in Article 43(3).

Misconception 4: The catalogue applies to all software in the public sector immediately. Correction: The obligation to connect to the catalogue applies when software is made available for reuse. It does not mandate that all existing software must be open-sourced immediately, but it does require that any software voluntarily made available for reuse under an open-source licence must be done so through a connected catalogue.

Related

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