Commission Implementing Decision (EU) 2025/2170 of 29 October 2025 setting up the European Digital Infrastructure Consortium for Digital Commons (DC-EDIC)

Official Journal EN of the European Union L series 2025/2170 30.10.2025 COMMISSION IMPLEMENTING DECISION(EU) 2025/2170 of 29 October 2025 setting up the European Digital Infrastructure Consortium for Digital Commons (DC-EDIC) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030(1)and in particular Article 14(3), point (a), thereof,

Whereas:

(1) On 8 July 2025, France, Italy, Germany and the Netherlands submitted to the Commission an application in accordance with Article 14(1) of Decision (EU) 2022/2481 of the European Parliament and of the Council to set up the European Digital Infrastructure Consortium for Digital Commons (‘DC-EDIC’). By a letter of 7 July 2025 submitted to the Commission, Slovenia had expressed its intention to join DC-EDIC as an observer.

(2) As host Member State, France has provided a declaration in accordance with Article 14(1), point (d), of Decision

(EU) 2022/2481 in which it stated that it has recognised DC-EDIC as an international body within the meaning of Article 143(1), point (g), and Article 151(1), point (b), of Council Directive 2006/112/EC(2)and as an international organisation within the meaning of Article 11(1), point (b), of Council Directive (EU) 2020/262(3).

(3) The Commission assessed the application pursuant to Article 14(2) of Decision (EU) 2022/2481. The Commission concluded that the application contains all elements required in accordance with Article 14(1) of that Decision.

Taking into account the general objectives of the Digital Decade Policy Programme, notably the contribution of the proposed European Digital Infrastructure Consortium (‘EDIC’) to the development of a comprehensive and sustainable ecosystem of interoperable digital infrastructures, and practical considerations related to the implementation of the multi-country project, in particular its technical, financial, and administrative capacity, the Commission concluded that the proposed EDIC meets the requirements laid down in Articles 13 to 21 of Decision

(EU) 2022/2481.

(4) The task of DC-EDIC is to implement a Multi Country Project concerning Digital Commons in the areas of European common data infrastructure and services and connected public administration. In pursuance of this principal task, DC-EDIC should combine Member States’ efforts by pooling resources and coordinating their activities as well as community efforts to support the development, maintenance and scaling of digital commons and facilitating its use and application.

(5) In accordance with Article 14(3) of Decision (EU) 2022/2481, the committee set-up under Article 23(1) of that Decision has been consulted for its opinion on the setting-up of the DC-EDIC and delivered a favourable opinion on the 9 October 2025.

(6) In order to allow for the prompt application of the measures provided for in this Decision, namely the start of the operation of DC-EDIC, which is urgently necessary for its orderly implementation, this Decision should enter into force on the day of its publication in the Official Journal of the European Union,

(1) OJ L 323, 19.12.2022, p. 4, ELI: http://data.europa.eu/eli/dec/2022/2481/oj.

(2) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1, ELI:

http://data.europa.eu/eli/dir/2006/112/oj).

(3) Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58, 27.2.2020, p. 4, ELI: http://data.europa.eu/eli/dir/2020/262/oj).

ELI: http://data.europa.eu/eli/dec_impl/2025/2170/oj 1/4EN OJ L, 30.10.2025

HAS ADOPTED THIS DECISION:

Article 1

1. The European Digital Infrastructure Consortium for Digital Commons (‘DC-EDIC’) is hereby set up.

2. DC-EDIC shall have legal personality, and it shall enjoy, in each of the Member States, the most extensive legal capacity accorded to legal entities under the law of that Member State. It may, in particular, acquire own and dispose of movable, immovable and intellectual property, conclude contracts and be a party to legal proceedings.

3. The essential elements of the statutes of DC-EDIC, as agreed between its members, are set out in the Annex to this Decision.

Article 2 This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 29 October 2025.

For the Commission The President Ursula VON DER LEYEN 2/4 ELI: http://data.europa.eu/eli/dec_impl/2025/2170/ojEN OJ L, 30.10.2025 ANNEX ESSENTIAL ELEMENTS OF THE STATUTES OF DC-EDIC

1. In accordance with Article 17(1), point (c), of Decision (EU) 2022/2481:

Article 2 Name, seat, location and working language […]

2. The name of the EDIC referred to in paragraph (1) is ‘Digital Commons EDIC’, hereafter referred to as DC-EDIC.

3. DC-EDIC shall have its statutory seat in Paris, France.

2. In accordance with Article 17(1), point (d), of Decision (EU) 2022/2481:

Article 31 Duration DC-EDIC shall exist for an indefinite period of time until it is wound up in accordance with Article 32 Article 32 Winding up

1. The winding up of DC-EDIC shall be decided by the Assembly of Members in accordance with Article 13.

2. Without undue delay and in any event within 10 days after adoption of the decision to wind up DC EDIC, DC-EDIC shall notify the European Commission about the decision. DC-EDIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union.

3. Assets remaining after payment of DC-EDIC debts shall be apportioned among the members in proportion to their accumulated annual contribution to DC-EDIC as specified in Article 12 or transferred to another legal entity to the extent that this entity continues EDIC’s activities.

4. Without undue delay and in any event within 10 days of the closure of the winding up procedure, DC-EDIC shall notify the Commission thereof.

3. In accordance with Article 17(1), point (e), of Decision (EU) 2022/2481:

Article 23 Liability and insurance

1. DC-EDIC is liable for its debts.

2. The financial liability of the members for the debts of DC-EDIC is limited to their respective financial contributions provided to the DC-EDIC, as specified in Annex III.

3. The European Union is not liable for DC-EDIC’s debts.

4. DC-EDIC shall take appropriate insurance to cover the risks related to its activities.

ELI: http://data.europa.eu/eli/dec_impl/2025/2170/oj 3/4EN OJ L, 30.10.2025

4. In accordance with Article 17(1), point (i), of Decision (EU) 2022/2481:

Article 22 Tax and excise duty exemptions

1. VAT exemptions based on Articles 143(1)(g) and 151(1)(b) of Directive 2006/112/EC, shall be limited to purchases by DC-EDIC and by members of DC-EDIC which are for the official and exclusive use by DC-EDIC

provided that such purchase is made solely for the non-economic activities of DCEDIC in line with its activities.

2. VAT exemptions shall be limited to purchases exceeding the value of EUR 300.

3. Excise Duty exemptions based on Article 11(1), point (b), of Council Directive (EU) 2020/262, shall be limited to purchases by DC-EDIC which are for the official and exclusive use by DC-EDIC provided that such purchase is made solely for the non-economic activities of DC-EDIC in line with its activities and that the purchase exceeds the value of EUR 300.

4/4 ELI: http://data.europa.eu/eli/dec_impl/2025/2170/oj