Summary Under the proposed Cloud and AI Development Act (CADA), the European Commission assumes a pivotal administrative and coordinating role in the EU's public-sector open-source ecosystem. As outlined in Articles 43 and 44 of the proposal, the Commission is mandated to provide and maintain the EU Open Source Solutions Catalogue (EU OSS Catalogue) and to establish and coordinate the Network of Open Source Programme Offices (OSPO Network). Crucially, the Commission holds the authority to decide on requests from public bodies wishing to connect their local repositories to the central catalogue based on objective criteria. Furthermore, the Commission is required to convene and chair meetings of the OSPO Network at least twice a year to facilitate the exchange of best practices, legal guidance, and technical solutions across the Union.

Detail

The proposed Cloud and AI Development Act (CADA), COM(2026) 502 final, seeks to reduce vendor lock-in, enhance transparency, and strengthen the Union's digital autonomy by promoting the use of open standards and open-source software within the public sector. While Article 41 sets the general principle of encouraging the use of open-source solutions, and Article 42 obliges public bodies to share their software in connected repositories, the operational backbone of this strategy is defined in Title IV, Chapter V. Specifically, Articles 43 and 44 assign the European Commission the responsibility of building the infrastructure for discovery and the governance structure for cooperation.

The EU Open Source Solutions Catalogue (Article 43)

Article 43 establishes the EU Open Source Solutions Catalogue (the "EU OSS Catalogue") as the centralised hub for the European public sector's open-source assets. This is not a passive directory but a dynamic, Commission-managed platform designed to solve the problem of fragmented software repositories across Member States and Union entities.

Provision and Maintenance Under Article 43(1), the Commission is explicitly required to "provide and maintain" the EU OSS Catalogue. This imposes a continuous obligation on the Commission to ensure the catalogue is operational, up-to-date, and technically robust. The Commission acts as the steward of this central resource, ensuring it remains a reliable point of access for public administrators seeking reusable software solutions.

Hosting and Accessibility The proposal integrates the catalogue into the 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" (the Interoperable Europe Act). This strategic placement ensures that the catalogue is not an isolated silo but is linked to the broader ecosystem of digital public services. The article further stipulates that the catalogue shall be "accessible electronically free of charge," removing financial barriers to discovery and reuse. By hosting it on the Interoperable Europe portal, the Commission ensures that solutions can be easily linked to further relevant information, training materials, and interoperability standards, thereby maximising the utility of the shared software.

Deciding on Connection Requests A critical governance function assigned to the Commission is the management of the network of connected repositories. Article 43(3) addresses the scenario where a Union entity or a public sector body already owns or maintains its own catalogue or repository. Such bodies may request to have their catalogue "connected to and made accessible through the EU OSS Catalogue."

The Commission holds the decisive authority in this process. The text states that the Commission "shall decide on the request... based on objective and relevant criteria." This provision empowers the Commission to act as a gatekeeper, ensuring that only repositories meeting specific standards of quality, interoperability, and relevance are integrated into the central catalogue. This prevents the central hub from becoming cluttered with non-compliant or low-quality listings, while still allowing for a federated approach where local innovation can feed into the Union-wide pool. The criteria for connection are not detailed in the text of Article 43 itself but are left to the Commission's discretion to define, ensuring flexibility to adapt to technical and market developments.

The Network of Open Source Programme Offices (Article 44)

While Article 43 builds the technical infrastructure for software discovery, Article 44 builds the human and organisational infrastructure for cooperation. It establishes the Network of Open Source Programme Offices (the "OSPO Network").

Establishment and Coordination Article 44(1) mandates that the Commission "shall establish a network of Open Source Programme Offices." This network is designed to bring together the relevant structures within Union entities and Member States. Specifically, Article 44(2) clarifies that Open Source Programme Offices established by public sector bodies at local, regional, or national levels, as well as those established by Union entities, "may request from the Commission to join the OSPO Network."

Once established, the Commission's role is active and ongoing. Article 44(4) explicitly states that "The Commission shall support and coordinate the OSPO Network." This goes beyond mere establishment; it implies a duty to facilitate the network's operations, ensure its strategic alignment with CADA's objectives, and manage the flow of information between the Commission and the Member States.

Tasks of the Network The network serves as a forum for collaboration. Article 44(3) outlines its specific tasks, which include:

  • Facilitating the exchange of information, experience, and best practices between Member States and the Commission.
  • Discussing common technical, legal, and organisational challenges, including those related to licensing, security, maintenance, and procurement of open-source software.
  • Promoting the sharing and reuse of open-source software by public sector bodies.
  • Contributing, on a voluntary and non-binding basis, to the development of guidance, templates, or recommendations on the sharing and reuse of open-source software.
  • Collaborating on and exchanging open-source projects of common interest to Union entities and public sector bodies.

Biannual Meetings To ensure the network remains active and effective, Article 44(5) imposes a specific procedural obligation on the Commission: "The Commission shall convene and chair a meeting of the members of the OSPO Network at least twice a year." This requirement for biannual meetings ensures a regular rhythm of engagement, preventing the network from becoming dormant. The article further notes that these meetings "may be organised online," providing flexibility to reduce administrative burdens and increase participation rates. These meetings serve as the primary mechanism for the Commission to coordinate the network, disseminate guidance, and gather feedback from the public sector on the implementation of the open-source chapter.

What this means for you

For public-sector IT managers, procurement officers, and Open Source Programme Office (OSPO) leads, the Commission's role under Articles 43 and 44 creates a new landscape of opportunities and obligations:

  1. Centralised Discovery Hub: You will have access to a single, free, and Commission-maintained portal (the EU OSS Catalogue) to discover open-source software developed by other public bodies. This significantly reduces the "reinventing the wheel" problem and lowers the cost of digital transformation.
  2. Strategic Repository Integration: If your organisation maintains a local or national repository of open-source software, you can apply to connect it to the EU OSS Catalogue. However, be prepared for a vetting process. The Commission will decide on your request based on "objective and relevant criteria," meaning your repository must demonstrate technical interoperability and adherence to the standards set by the Commission.
  3. Active Participation in the OSPO Network: If your entity has an OSPO, you can request to join the network. Once a member, you gain access to a structured forum for exchanging best practices on complex issues like licensing, security, and procurement. The Commission's coordination ensures that these exchanges are focused and productive.
  4. Access to Commission Guidance: Through the OSPO Network, the Commission will facilitate the development of guidance, templates, and recommendations. Public bodies should actively monitor these outputs to ensure their internal processes align with evolving EU standards.
  5. Regular Engagement Opportunities: The mandatory biannual meetings convened by the Commission provide a predictable schedule for engagement. This is a key opportunity to raise issues, share successes, and stay informed about the strategic direction of the EU's open-source policy.

Common misconceptions

  • Misconception: The Commission will develop all the open-source software for the EU.
    • Reality: The Commission does not act as a software developer under CADA. Its role is strictly administrative and coordinative: providing the catalogue infrastructure (Article 43) and the network for cooperation (Article 44). The software itself is developed and shared by Union entities and public sector bodies.
  • Misconception: Any public body can automatically connect its repository to the EU OSS Catalogue.
    • Reality: Connection is not automatic. Article 43(3) grants the Commission the authority to decide on connection requests based on "objective and relevant criteria." Public bodies must actively apply and meet the Commission's standards for inclusion.
  • Misconception: The OSPO Network is a mandatory membership for all public bodies.
    • Reality: Participation is voluntary. Article 44(2) states that OSPOs "may request from the Commission to join." However, the Commission is mandated to establish and coordinate the network for those who choose to participate.
  • Misconception: The Commission's role is limited to technical hosting.
    • Reality: The Commission's role is multifaceted. It involves technical maintenance of the catalogue, strategic decision-making on repository connections, active coordination of the OSPO Network, and the convening of regular meetings to drive policy implementation.

Related

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