Chapter III – European public sector cloud federation (Art. 34-36)

Art. 34 Cloud and AI Development Act - Establishment of the European public sector cloud federation arrow_right_alt

Art. 35 Cloud and AI Development Act - Sharing of public sector data centre services and cloud computing services arrow_right_alt

A member of the EuroCloud Federation (the ‘sharing entity’) may share data centre services and cloud computing services with another member of the EuroCloud Federation (the ‘using entity’) where the sharing entity directly, or indirectly through an intermediate legal entity, owns the hardware through which the service is made available and provides the service that is made available to the using entity. Where the sharing entity indirectly owns the hardware and provides the services through an intermediate legal entity, the sharing entity shall exercise control over that intermediate legal entity.
The sharing entity shall put in place appropriate technical, operational and organisational measures to ensure an effective, secure and resilient provision of services.
Prior to sharing data centre services and cloud computing services within the EuroCloud Federation, the sharing entity shall demonstrate to the Commission that it fulfils the conditions set out in paragraphs 1 and 2.
The Commission shall assess the information provided by the sharing entity and allow the sharing entity to share data centre services and cloud computing services within the EuroCloud Federation where the conditions laid down in paragraphs 1 and 2 are fulfilled.
The sharing entity may charge a fee to the using entity. The amount of the fee shall be limited to the costs that the sharing entity incurs in relation to the sharing of the service and shall not constitute a pecuniary interest within the meaning of Article 2 of Directive 2014/24/EU and Regulation (EU, Euratom) 2024/2509.
The Commission is empowered to adopt implementing acts to specify the technical, operational and organisational measures referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).

Art. 36 Cloud and AI Development Act - Fees for the administration of the EuroCloud Federation arrow_right_alt

The costs arising from the activities carried out by the Commission pursuant to this Chapter shall be jointly financed by the members of the EuroCloud Federation through fees levied by the Commission.
If the costs are initially borne by the general budget of the Union, they shall be reimbursed by the EuroCloud members over a period not exceeding three years from the date on which the costs were borne by the Union.
Revenues generated by the fees shall constitute internal assigned revenues within the meaning of Article 21(3), point (a), of Regulation (EU, Euratom) 2024/2509. Those revenues shall be assigned to cover the costs of the activities carried out by the Commission pursuant to this Chapter, including assessing request to join the EuroCloud Federation and the establishment of the platform referred to in Article 34(3). Any revenue remaining after covering those costs shall be entered into the general budget of the Union.
The Commission shall adopt implementing acts laying down detailed rules for determining the estimated costs, the individual amount of the fees, and the manner and conditions under which the fees are to be paid. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).