Summary The EU Open Source Solutions Catalogue (EU OSS Catalogue) is a centralised digital repository established by Article 43(1) of the proposed Cloud and AI Development Act (CADA). It serves as a single search and access point for software made available for reuse by Union entities and public sector bodies. Rather than hosting code directly, the catalogue aggregates and indexes software from connected national and institutional repositories. As explained in Recital 83, this centralisation addresses the fragmentation of public-sector software, which currently hampers searchability and reuse. Hosted on the Interoperable Europe portal, the tool aims to maximise the value of public expenditure by reducing duplication and fostering innovation across the Union.

Detail

What is the EU OSS Catalogue?

The EU Open Source Solutions Catalogue is a strategic infrastructure component of the proposed Cloud and AI Development Act (CADA), designed to promote the transparency, security, and efficiency of digital technologies within the European public sector. It is not a code repository in the traditional sense where binaries are stored; instead, it functions as a federated index.

Under Article 43(1) of the CADA proposal, the European Commission is mandated to "provide and maintain an EU Open Source Solutions Catalogue (β€˜the EU OSS Catalogue’) as a centralised catalogue to access software made available for reuse by Union entities and public sector bodies." This legal provision establishes the catalogue as the definitive Union-wide entry point for discovering public-sector software solutions.

The catalogue's primary function is aggregation. It connects to existing catalogues or repositories maintained by Member States, regions, or individual Union entities. By linking these disparate sources, the EU OSS Catalogue creates a unified view of the software assets available across the Union, ensuring that a solution developed in one Member State can be easily discovered and reused by a public body in another.

How does the federated model work?

The architecture of the EU OSS Catalogue relies on a "connect-and-aggregate" model rather than a centralised hosting model. This approach respects the autonomy of national and local administrations while achieving Union-wide interoperability.

  1. Voluntary Contribution with Mandatory Connection: Under Article 42 of the proposal, when a Union entity or public sector body decides to make software available for reuse under an open-source licence, it must do so using a catalogue or repository that is "connected to, and made accessible through, the EU OSS Catalogue." This ensures that all publicly funded software released for reuse is visible in the central system.
  2. Commission Oversight: The Commission holds the authority to decide on connection requests. Article 43(3) states that the Commission shall, "on the basis of objective and relevant criteria, decide on the request of any Union entity or public sector body owning or maintaining a catalogue or repository to have that catalogue or repository connected to and made accessible through the EU OSS Catalogue."
  3. Hosting Location: To ensure seamless integration with existing EU digital infrastructure, Article 43(2) mandates that the EU OSS Catalogue "shall be hosted on the Interoperable Europe portal referred to in Article 8 of Regulation (EU) 2024/903." This portal is the central hub for interoperability solutions, ensuring the catalogue is accessible electronically free of charge and aligns with broader EU digital standards.

Why was it created? The problem of fragmentation

The creation of the EU OSS Catalogue is a direct response to a specific market failure identified in the CADA explanatory memorandum: the fragmentation of public-sector software assets.

Recital 83 of the proposal explicitly states that "software is often made available and accessible in different repositories or catalogues, hampering searchability, discoverability and, ultimately, reuse." Without a centralised point of access, a public body in one country might unknowingly commission the development of a tool that already exists in another country's repository. This leads to:

  • Duplication of effort: Multiple administrations paying for the same development.
  • Wasted public funds: Failure to leverage existing investments.
  • Reduced innovation: Isolated development silos prevent the cross-pollination of ideas and improvements.

By establishing a centralised catalogue, the EU aims to "maximise the value of public expenditure" and "foster innovation across the Union," as noted in Recital 83. The catalogue ensures that solutions can be easily linked to further relevant information and training, thereby accelerating digital transformation.

What kind of software is included?

The scope of the EU OSS Catalogue is strictly defined by the nature of the contributing entities and the legal status of the software. It includes:

  • Source of Software: Only software to which Union entities (EU institutions, agencies, bodies) and public sector bodies (national, regional, or local authorities) hold intellectual property rights.
  • Licensing Requirement: The software must be made available for reuse under an open-source licence. This is a prerequisite for inclusion, as defined in Article 42.
  • Types of Solutions: While the proposal does not provide an exhaustive list, the scope covers any software developed by or for the public sector. This typically includes:
    • Administrative tools: Software for simplifying procedures, tax filing, or permit applications.
    • Public service applications: Citizen-facing portals, health record systems, or educational platforms.
    • Technical building blocks: Middleware, APIs, data processing tools, and security components used in public IT infrastructure.
    • Interoperability solutions: Tools specifically designed to enable data exchange between different public administrations.

It is important to note that the catalogue does not include software from private companies unless that software has been commissioned by a public body and the intellectual property rights have been transferred to or held by that public body for reuse.

Legal and Strategic Context

The EU OSS Catalogue is a key enabler of the broader "open-source first" strategy embedded in CADA. Article 41 of the proposal obliges the Union and Member States to "encourage Union entities and public sector bodies to use and facilitate the reuse of open standards and components released under an open-source licence." The catalogue provides the practical mechanism to fulfill this obligation by making such components discoverable.

Furthermore, the catalogue supports the objectives of the Interoperable Europe Act (Regulation (EU) 2024/903). By hosting the catalogue on the Interoperable Europe portal, CADA ensures that open-source solutions are treated as interoperability assets. This aligns with the goal of creating a "digital single market" where public services can be delivered seamlessly across borders.

The establishment of the catalogue also feeds into the Network of Open Source Programme Offices (OSPO Network) established under Article 44. This network will facilitate the exchange of best practices regarding the sharing and reuse of open-source software, with the catalogue serving as the central reference point for the solutions being discussed.

What this means for you

For public sector procurement officers, IT managers, and software developers within the EU, the EU OSS Catalogue represents a fundamental shift in how public software assets are managed and sourced.

1. For Procurement Officers: "Check Before You Buy"

The most immediate impact is on procurement strategy. Before initiating a tender for custom software development, officers should consult the EU OSS Catalogue.

  • Action: Search the catalogue for existing solutions that meet your needs.
  • Benefit: If a suitable open-source solution is found, you may be able to adopt it, significantly reducing costs and development time. This aligns with the CADA objective of reducing duplication and maximising public value.
  • Compliance: While the proposal encourages the use of open source, it does not yet mandate that all procurement must start with the catalogue. However, demonstrating that you checked the catalogue for existing solutions will likely become a best practice and potentially a requirement in future delegated acts or national transpositions.

2. For Public Sector Developers: "Contribute to the Commons"

If your organisation develops software, the CADA proposal creates a new obligation and opportunity.

  • Action: If you hold IP rights to software and decide to release it under an open-source licence, you must ensure it is hosted in a repository connected to the EU OSS Catalogue (Article 42).
  • Benefit: By contributing, you increase the visibility of your work, potentially attracting contributions from other public bodies or the wider community. This can lead to faster bug fixes, new features, and shared maintenance costs.
  • Preparation: Ensure your internal repositories are technically ready to be connected to the central catalogue. The Commission will likely issue implementing acts detailing the technical standards for connection.

3. For IT Managers: "Avoid Vendor Lock-in"

The catalogue serves as a strategic tool to reduce dependency on proprietary vendors.

  • Action: Use the catalogue to identify alternative open-source solutions for critical infrastructure components.
  • Benefit: By prioritising solutions available in the catalogue, you strengthen the Union's digital autonomy and reduce the risk of vendor lock-in, a key concern highlighted in the CADA explanatory memorandum.

Common misconceptions

"The EU OSS Catalogue hosts all open-source software in the EU."

  • Reality: The catalogue is strictly limited to software made available for reuse by Union entities and public sector bodies. It does not index software from private companies, individual developers, or non-EU entities unless those entities are acting as public bodies or the IP is held by a public body.

"Using software from the catalogue is mandatory for all public procurement."

  • Reality: Article 41 encourages the use of open source, but it does not currently mandate that all procurement must use software from the catalogue. However, Article 42 mandates that if a public body does release software for reuse, it must do so via a connected repository. The "check before you buy" principle is a strategic recommendation, not yet a strict legal prohibition on new development.

"The catalogue replaces national open-source portals."

  • Reality: The catalogue is an aggregator, not a replacement. National and regional portals remain the primary management interfaces for local software assets. The EU OSS Catalogue simply connects to these existing portals to provide a Union-wide search capability.

"Software in the catalogue is free of all costs."

  • Reality: While the software is available under open-source licences (which typically allow free use, modification, and distribution), there are often costs associated with implementation, customisation, integration, support, and maintenance. The catalogue provides the code, but the public body remains responsible for the operational costs of deploying it.

Related

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