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DRAFT OPINION (COM(2023)0637 – C9–0464/2023 - 2023/0463(COD))

On the proposal for a directive of the European Parliament and of the Council stablishing harmonised requirements in the internal market on transparency of interest representation carried out on behalf of third countries and amending Directive (EU) 2019/1937

AFCO-PA-773117

Committee on Constitutional Affairs · Rapporteur: Sandro Gozi

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This draft opinion amends the proposed directive on transparency of interest representation by third countries, introducing an option to register in the EU Transparency Register instead of national registers. It adds safeguards against stigmatisation and requires full compliance with fundamental rights, including the Charter of Fundamental Rights. It also mandates that national registers share data in real-time with EU authorities and that administrative cooperation uses the EU Transparency Register rather than the IMI system.

Committee position. The Committee on Constitutional Affairs proposes amendments to the proposed directive, mainly to allow registration in the EU Transparency Register as an alternative to national registers and to strengthen safeguards against stigmatisation.

Key points

  1. Entities may register in the EU Transparency Register instead of a national register, and such registration exempts them from national registration.
  2. The EU Transparency Register secretariat should have a dedicated division for third-country applicants and act as a one-stop-shop and information hub.
  3. The definition of interest representation activity is aligned with the Interinstitutional Agreement on a mandatory transparency register.
  4. National measures must comply with the Charter of Fundamental Rights, and authorities must act non-discriminatorily and avoid stigmatisation.
  5. Information in national registers must be kept up to date and shared in real-time with EU authorities, who maintain a central record accessible to the public and supervisory authorities.
  6. Member States and EU authorities must make registration information publicly available in a machine-readable, user-friendly format, with possible derogations for legitimate interests.
  7. Annual reports by Member States must be transmitted to the Commission and EU authorities responsible for the Union-wide register.
  8. Supervisory authorities must cooperate with each other and with EU authorities, and administrative cooperation is implemented through the EU Transparency Register secretariat.
  9. Supervisory authorities may request information from other Member States or EU authorities for cross-border cooperation.
  10. EU authorities responsible for the Union-wide register are invited to advisory group meetings, and EFTA states may attend as observers.

Who is affected

  • Entities carrying out interest representation on behalf of third countries: may choose to register in the EU Transparency Register instead of national registers.
  • EU authorities responsible for the Transparency Register: gain new responsibilities for coordination, central record-keeping, and cooperation.
  • National supervisory authorities: must cooperate with EU authorities and use the EU Transparency Register for administrative cooperation.

Figures and deadlines

  • 31 March of each year: deadline for Member States to publish and transmit annual reports.