1. A Union entity or public sector body shall make available to any other Union entity or public sector body that requests it an interoperability solution supporting a trans-European digital public service, including the technical documentation, and, where applicable, the version history, documented source code and the references to open standards or technical specifications used.
The obligation to share shall not apply to any of the following interoperability solutions, namely those:
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(a)
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that support processes which fall outside the scope of the public task of the Union entity or public sector body concerned as defined by law or by other binding rules, or, in the absence of such rules, as defined in accordance with common administrative practice in the Union entities or Member State in question, provided that the scope of the public tasks is transparent and subject to review;
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(b)
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for which third parties hold intellectual property rights that restrict the possibility of sharing the solution for reuse;
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(c)
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access to which is excluded or restricted on grounds of:
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(i)
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sensitive critical infrastructure protection related information as defined in Article 2, point (d), of Council Directive 2008/114/EC (18);
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(ii)
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the protection of defence interests or public security, including national critical infrastructure.
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