Sittings · Document

DRAFT OPINION (COM(2023)0637 – C9–0464/2023 - 2023/0463(COD)) 2025-05-06

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

Committee on Constitutional Affairs · Rapporteur: Sandro Gozi

AMENDMENTS

The Committee on Constitutional Affairs submits the following to the Committee on Internal Market and Consumer Protection, as the committee responsible:

Amendment 1

Recital 1

Text proposed by the Commission	Amendment
(1) Interest representation in the Union is a growing and increasingly cross-border activity. When carried out with the necessary level of transparency, such activities allow sharing of experiences and views about problems and solutions, supporting public decision-makers in understanding the options and trade-offs of different approaches.	(1) Interest representation in the Member States of the Union is a growing and increasingly cross-border activity. When such activities are carried out to influence national decision-making in the fields of competence of the Union, they have the potential to directly affect the decision-making processes of the institutions of the Union, in particular in the Council and European Council. When carried out with the necessary level of transparency, such activities allow sharing of experiences and views about problems and solutions, supporting public decision-makers in understanding the options and trade-offs of different approaches.

Or. en

Amendment 2

Recital 10

Text proposed by the Commission	Amendment
(10) By providing harmonised transparency requirements applicable across the internal market, this Directive aims to establish a coherent and systematic framework to ensure transparency as regards interest representation activities conducted on behalf of third countries with the objective of influencing the development, formulation or implementation of policy or legislation, or public decision-making processes, in the Union.	(10) By providing for harmonised transparency requirements, the registration of interest representation service providers either at national or Union level and a central information portal integrated in the EU Transparency Register, this Directive aims to establish a coherent and systematic framework to ensure transparency as regards interest representation activities conducted on behalf of third countries with the objective of influencing the development, formulation or implementation of policy or legislation, or public decision-making processes, in the Union.

Or. en

Amendment 3

Recital 12

Text proposed by the Commission	Amendment
(12) Covert interest representation activities carried out on behalf of third countries are capable of affecting the development, formulation or implementation of the Union’s internal and external policies, including regarding its economic and security interests. This affects democracy more generally, which is a common value of the Union, the securing of which is of fundamental importance to the Union and its Member States. Providing for a harmonised level of transparency across the Union regarding such activities should contribute to enhancing public trust in the Union’s and Member States’ decision-making processes.	(12) Covert interest representation activities carried out on behalf of third countries are capable of affecting the development, formulation or implementation of the Union’s internal and external policies, including regarding its economic and security interests. This affects democracy more generally, which is a common value of the Union, the securing of which is of fundamental importance to the Union and its Member States. Providing for a harmonised level of transparency across the Union regarding such activities, including by offering interest representation service providers the possibility of registering at Union level, should contribute to enhancing public trust in the Union’s and Member States’ decision-making processes.

Or. en

Amendment 4

Recital 12 a (new)

Text proposed by the Commission	Amendment
	(12a) On 20 May 2021, the European Parliament, the Council of the European Union and the European Commission have concluded an Interinstitutional Agreement to establish a mandatory transparency register, facilitating the conduct of interest representation activities at the EU institutional level. That transparency register and its secretariat should be empowered to play a supporting and coordinating role in the implementation of this Directive. Third country interest representation service providers should be offered the possibility to register in the Union register rather than in a national register. The transparency register, should have a dedicated division in the secretariat dealing with third country applicants. In this way, the transparency register should become a one-stop-shop for third country interest representation activities throughout the EU. The transparency register should also function as an information hub and maintain a public register of all registrations made within the scope of this Directive. The Interinstitutional Agreement, including its legal basis, should be revised to include the necessary arrangements for the consistent implementation of this Directive. The secretariat should be equipped with the necessary additional resources to assume those additional responsibilities.

Or. en

Amendment 5

Recital 14

Text proposed by the Commission	Amendment
(14) The measures set out in this Directive are proportionate and limited to what is necessary to ensure transparency of a specific set of activities, namely interest representation activities carried out on behalf of third countries. They impose requirements related to those activities, and do not impose requirements on entities merely because they receive funding from abroad. This Directive focuses on increased transparency when entities carry out interest representation activities on behalf of third countries in the internal market. In particular, this Directive imposes obligations to ensure that the data made publicly available is presented in a factual and neutral way and to ensure that competent national authorities act in a way that no adverse consequence, such as stigmatisation, arises from the fact that an entity has registered in accordance with the provisions of this Directive. It provides for a comprehensive system of safeguards, including effective judicial review to ensure proportionality of the harmonised measures. The measures set out in this Directive are in full compliance with fundamental rights and observe the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’), including the freedom of expression and information, freedom of assembly and association, freedom of scientific research, including academic freedom, the right to the protection of personal data, the right to an effective remedy and the freedom to conduct a business. By achieving a common level of transparency in relation to interest representation carried out on behalf of a third country, the measures set out in this Directive strengthen citizens’ democratic rights as referred to in the Charter.	(14) The measures set out in this Directive are proportionate and limited to what is necessary to ensure transparency of a specific set of activities, namely interest representation activities carried out on behalf of third countries. They impose requirements related to those activities, and do not impose requirements on entities merely because they receive funding from abroad. This Directive focuses on increased transparency when entities carry out interest representation activities on behalf of third countries in the internal market. In particular, this Directive imposes obligations to ensure that the data made publicly available is presented in a factual and neutral way and to ensure that competent national authorities act in a way that no adverse consequence, such as stigmatisation, arises from the fact that an entity has registered in accordance with the provisions of this Directive. It provides for a comprehensive system of safeguards, including effective judicial review to ensure proportionality of the harmonised measures. The possibility for interest representation service providers to register at Union level in lieu of the national register provides a further safeguard that the provisions of the Directive will be implemented in a way that does not give rise to adverse consequences, including stigmatisation, for the entities concerned. The measures set out in this Directive are in full compliance with fundamental rights and observe the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’), including the freedom of expression and information, freedom of assembly and association, freedom of scientific research, including academic freedom, the right to the protection of personal data, the right to an effective remedy and the freedom to conduct a business. By achieving a common level of transparency in relation to interest representation carried out on behalf of a third country, the measures set out in this Directive strengthen citizens’ democratic rights as referred to in the Charter.

Or. en

Amendment 6

Recital 16

Text proposed by the Commission	Amendment
(16) In order to harmonise transparency requirements, it is necessary to provide for a common definition of interest representation. To ensure the correct application of the harmonised transparency requirements, the concept of interest representation activities should have a broad meaning. It should cover activities carried out with the objective of influencing the development, formulation or implementation of policy or legislation, or public decision-making processes, including by impacting public opinion, in the Union and its Member States, including at regional and local levels.	(16) In order to harmonise transparency requirements, it is necessary to provide for a common definition of interest representation. To ensure the correct application of the harmonised transparency requirements, the concept of interest representation activities should have a broad meaning that is consistent with the definition set forth in the Interinstitutional Agreement of 20 May 2021 on a mandatory transparency register. It should cover activities carried out with the objective of influencing the development, formulation or implementation of policy or legislation, or public decision-making processes, including by impacting public opinion, in the Union and its Member States, including at regional and local levels.

Or. en

Amendment 7

Recital 34

Text proposed by the Commission	Amendment
(34) In order to provide for harmonised transparency requirements across the internal market, entities carrying out interest representation activities on behalf of a third country entity should be required to register in national registers at their place of establishment. Subsequent updates to an existing registration should also take place in that national register. These registers should be set up, operated and maintained by the Member States. Member States may make use of their existing national registers for the purpose of this Directive, provided that the requirements of this Directive are complied with. In order to respect national divisions of competence, Member States should be entitled to set up more than one such registers. In such cases, Member States should establish rules indicating in which national register entities carrying out interest representation activities on behalf of third countries should register. Logs of personal data processing activities within the national registers should not be kept longer than necessary to monitor the lawfulness of access to personal data and should therefore be limited to a year.	(34) In order to provide for harmonised transparency requirements across the internal market, entities carrying out interest representation activities on behalf of a third country entity should be required to register either in national registers at their place of establishment or in the register set up under the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency registerand the transparency register should be endowed with a dedicated division in its secretariat which should function as a one-stop-shop for third country interest representation activities throughout the EU. Subsequent updates to an existing registration should also take place in that national or EU register. These national registers should be set up, operated and maintained by the Member States. Member States may make use of their existing national registers for the purpose of this Directive, provided that the requirements of this Directive are complied with. In order to respect national divisions of competence, Member States should be entitled to set up more than one such registers. In such cases, Member States should establish rules indicating in which national register entities carrying out interest representation activities on behalf of third countries should register. Logs of personal data processing activities within the national registers should not be kept longer than necessary to monitor the lawfulness of access to personal data and should therefore be limited to a year.

Or. en

Amendment 8

Recital 35

Text proposed by the Commission	Amendment
(35) Pursuant to Regulation (EU) 2018/1724 of the European Parliament and of the Council6, information on the registration obligations and formalities established by this Directive is available via the Single Digital Gateway which, through the Your Europe web portal, sets up a one-stop shop that provides businesses and citizens with information about rules and procedures in the Single Market, at all levels of government and direct, centralised, and guided access to assistance and problem-solving services as well as to a wide range of fully digitised administrative procedures. In addition, the procedure for registration is fully online and organised in accordance with the ‘once only’ principle to facilitate the reuse of data.	(35) The use of digital tools developed within the internal market by the Commission and the Member States enhances transparency and trust in the cross-border provision of services and limits administrative burdens, by allowing coordination, cooperation and communication between the relevant national and Union authorities. Pursuant to Regulation (EU) 2018/1724 of the European Parliament and of the Council6, information on the registration obligations and formalities established by this Directive should be available via the Single Digital Gateway which, through the Your Europe web portal, sets up a one-stop shop that provides businesses and citizens with information about rules and procedures in the Single Market, at all levels of government and direct, centralised, and guided access to assistance and problem-solving services as well as to a wide range of fully digitised administrative procedures. In addition, the procedure for registration should be fully online and organised in accordance with the ‘once only’ principle to facilitate the reuse of data.
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6 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj)	6 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj)

Or. en

Amendment 9

Recital 36

Text proposed by the Commission	Amendment
(36) Where the entity carrying out interest representation activities on behalf of a third country entity is established in several Member States, registration should only take place in the Member State where the entity has its main establishment. The main establishment of the entity should be understood as the place where the entity has its head office or registered office within which the principal economic activities and operational control are exercised.	(36) Where the entity carrying out interest representation activities on behalf of a third country entity is established in several Member States, registration should only take place in the Member State where the entity has its main establishment. The main establishment of the entity should be understood as the place where the entity has its head office or registered office within which the principal economic activities and operational control are exercised. Alternatively, that entity should have the option to register in the register set up under the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register. Registration in the Union register should exempt the entity from any obligation to register in any Member State.

Or. en

Amendment 10

Recital 39

Text proposed by the Commission	Amendment
(39) Entities carrying out interest representation activities on behalf of third countries, registered in a national register, should update information in the national register at least once a year. However, in view of the importance of the accuracy of the information held in such national registers for the application and oversight of the Directive, any changes or additions to the contact information of the registered entity should be made more quickly, and in any event within a reasonable period of time.	(39) Entities carrying out interest representation activities on behalf of third countries, registered either in a national or Union-wide register, should update information in the national register at least once a year. However, in view of the importance of the accuracy of the information held in such registers for the application and oversight of the Directive, any changes or additions to the contact information of the registered entity should be made more quickly, and in any event within a reasonable period of time.

Or. en

Amendment 11

Recital 40

Text proposed by the Commission	Amendment
(40) The authority responsible for each national register should ensure that the information provided is complete and does not contain manifest errors. That should not involve an in-depth evaluation of the accuracy or truthfulness of the information provided and should not be understood as an official endorsement of the accuracy of the information included in the national register. A refusal to include an entity in the register due to incomplete or manifestly incorrect information should not prevent that entity from submitting a new registration request.	(40) The authority responsible for each national register and the Transparency Register secretariat should ensure that the information provided is complete and does not contain manifest errors. That should not involve an in-depth evaluation of the accuracy or truthfulness of the information provided and should not be understood as an official endorsement of the accuracy of the information included in the national register. A refusal to include an entity in the register due to incomplete or manifestly incorrect information should not prevent that entity from submitting a new registration request.

Or. en

Amendment 12

Recital 41

Text proposed by the Commission	Amendment
(41) Entities carrying out an interest representation activity on behalf of third countries should be able to demonstrate that they have complied with the registration requirements. Once registered, an entity should be provided with a copy of the information included in a national register and a unique European Interest Representation Number (‘EIRN’). The EIRN should serve as a means to facilitate the identification across the Union of entities registered pursuant to this Directive. The composition of the EIRN should therefore allow the identification of the Member State of registration and the specific national register in which registration has taken place. The choice of the code identifying the register of registration should appear logical to persons familiar with the organisation of the Member State concerned.	(41) Entities carrying out an interest representation activity on behalf of third countries should be able to demonstrate that they have complied with the registration requirements. Once registered, an entity should be provided with a copy of the information included in a national register or Union-wide register and a unique European Interest Representation Number (‘EIRN’). The EIRN should serve as a means to facilitate the identification across the Union of entities registered pursuant to this Directive. The composition of the EIRN should therefore allow the identification of the register in which registration has taken place. The choice of the code identifying the register of registration should appear logical to persons familiar with the organisation of the register concerned.

Or. en

Amendment 13

Recital 42

Text proposed by the Commission	Amendment
(42) Once they are registered in the Member State of their place of establishment, registered entities should not be required to register in other Member States, including when they launch an interest representation activity there. However, to facilitate the access by public officials to information on entities carrying out interest representation activities with whom they might interact, other Member States where such activities will be carried out should include, in their own national registers, the names of the registered entities concerned, their EIRN, and the link to the information contained in the national register of registration made publicly available.	(42) Once they are registered in a Member State or in the Union-wide register, registered entities should not be required to register in other Member States, including when they launch an interest representation activity there. However, to facilitate the access by public officials to information on entities carrying out interest representation activities with whom they might interact, other Member States where such activities will be carried out should include, in their own national registers, the names of the registered entities concerned, their EIRN, and the link to the information contained in the national register of registration made publicly available.

Or. en

Amendment 14

Recital 44 a (new)

Text proposed by the Commission	Amendment
	(44a) In order to facilitate access to public information and to improve transparency of interest representation activities carried out on behalf of third countries in the internal market from outside the Member State responsible for the national register, this Directive together with a revised Interinstitutional Agreement of 20 May 2021 should provide for the interconnection of national registers through the EU transparency register. This system, which will be centrally managed by the transparency register secretariat, should provide a search service in all the official languages of the Union in order to make the information on registration carried out within the scope of this Directive publicly available.

Or. en

Amendment 15

Recital 46

Text proposed by the Commission	Amendment
(46) To facilitate access by citizens, the information should be presented in a format which is easily accessible and machine readable, clearly visible and user friendly, including by using plain language. Information should be considered machine readable if it is provided in a format that software applications can automatically process, without human intervention, in particular for the purpose of identifying, recognising and extracting specific data from it. Information should be made available in accordance with the accessibility requirements under Union law to ensure accessibility for persons with disabilities, and in particular, via more than one sensorial channel when technically feasible. Registration may take place in a Member State different to the one in which an interest representation activity is carried out. The accessibility of information to citizens across the Union is substantially improved where that information is made available in at least one official language of the Union broadly understood by the largest possible number of Union citizens. Member States should be encouraged to use technical solutions which would allow translation of as much information as possible into such a language. Member States should however not be required to translate the information provided by registered entities.	(46) To facilitate access by citizens, the information should be presented in a format which is easily accessible and machine readable, clearly visible and user friendly, including by using plain language. Information should be considered machine readable if it is provided in a format that software applications can automatically process, without human intervention, in particular for the purpose of identifying, recognising and extracting specific data from it. Information should be made available in accordance with the accessibility requirements under Union law to ensure accessibility for persons with disabilities, and in particular, via more than one sensorial channel when technically feasible. Registration may take place in the Union-wide transparency register or in a Member State different to the one in which an interest representation activity is carried out. The accessibility of information to citizens across the Union is substantially improved where that information is made available in at least one official language of the Union broadly understood by the largest possible number of Union citizens. Member States should be encouraged to use technical solutions which would allow translation of as much information as possible into such a language. Member States should however not be required to translate the information provided by registered entities.

Or. en

Amendment 16

Recital 49

Text proposed by the Commission	Amendment
(49) Member States should designate one or more authorities or bodies in charge of setting up and maintaining the national registers and processing requests for registration submitted by entities carrying out interest representation activities on behalf of third countries. They should also designate one or more supervisory authorities in charge of supervising the compliance with and enforcing the obligations laid down in this Directive as well as of the exchange of information with the supervisory authorities of other Member States and the Commission. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of these entities, it is necessary that supervisory authorities are impartial and independent from external intervention or political pressure and are appropriately empowered and resourced to effectively monitor and take the measures necessary to ensure compliance with this Directive.	(49) Member States should designate one or more authorities or bodies in charge of setting up and maintaining the national registers and processing requests for registration submitted by entities carrying out interest representation activities on behalf of third countries. They should also designate one or more supervisory authorities in charge of supervising the compliance with and enforcing the obligations laid down in this Directive as well as of the exchange of information with the supervisory authorities of other Member States, the Commission and the EU authorities responsible for the implementation of the Union-wide register. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of these entities, it is necessary that supervisory authorities are impartial and independent from external intervention or political pressure and are appropriately empowered and resourced to effectively monitor and take the measures necessary to ensure compliance with this Directive.

Or. en

Amendment 17

Recital 50

Text proposed by the Commission	Amendment
(50) In order to prevent stigmatisation of the registered entity, the data made publicly available should be presented in a factual and neutral way. In addition, when carrying out the tasks assigned to them under this Directive, competent national authorities should ensure that no adverse consequences arise from the mere fact that an entity is a registered entity. In particular, the publication should not be presented with or accompanied by statements or provisions that could create a climate of distrust with regard to the registered entities, apt to deter natural or legal persons from Member States or third countries from engaging with them or providing them with financial support. Examples of such stigmatising actions include negatively labelling the registered entities or making disparaging statements seeking to undermine registered entities’ credibility and legitimacy by implying that registered entities are seeking to unlawfully influence democratic processes.	(50) In order to prevent stigmatisation of the registered entity, the data made publicly available should be presented in a factual and neutral way. In addition, when carrying out the tasks assigned to them under this Directive, competent national and EU authorities should ensure that no adverse consequences arise from the mere fact that an entity is a registered entity. In particular, the publication should not be presented with or accompanied by statements or provisions that could create a climate of distrust with regard to the registered entities, apt to deter natural or legal persons from Member States or third countries from engaging with them or providing them with financial support. Examples of such stigmatising actions include negatively labelling the registered entities or making disparaging statements seeking to undermine registered entities’ credibility and legitimacy by implying that registered entities are seeking to unlawfully influence democratic processes.

Or. en

Amendment 18

Recital 53

Text proposed by the Commission	Amendment
(53) Supervisory authorities should cooperate both at national and at Union level. Such cooperation should facilitate the swift, secure exchange of information. For the purpose of exercising their supervisory tasks, supervisory authorities should be able to request, from the supervisory authority in the Member State of registration, information provided in the registration, including that which is not public, and in specific cases the records kept by the entity, as well as analyses carried out. Supervisory authorities and the Commission should cooperate to ensure the implementation of the Directive. To better understand the size and the distribution of the overall interest representation activities that are carried out on behalf of third countries in the Union. The Commission should be able to request, from supervisory authorities, aggregate data based on the information provided by entities carrying out interest representation carried out on behalf of third country entities in their registration. In order to comprehensively monitor the modalities and the features of the interest representation activities carried out on behalf of third countries that are carried out in the Union, such aggregate data may include information that is not publicly available in the registers including personal data to the extent that is necessary to ensure an effective monitoring.	(53) Supervisory authorities should cooperate both at national and at Union level. That cooperation will be coordinated by the secretariat of the transparency register. Such cooperation should facilitate the swift, secure exchange of information. For the purpose of exercising their supervisory tasks, supervisory authorities should be able to request, from the EU authorities responsible for the implementation of the Transparency Register, information provided in the registration, including that which is not public, and in specific cases the records kept by the entity, as well as analyses carried out. Supervisory authorities, the Commission and the authorities responsible for the implementation of the EU transparency register should cooperate to ensure the implementation of the Directive. To better understand the size and the distribution of the overall interest representation activities that are carried out on behalf of third countries in the Union. The Commission and the authorities responsible for the implementation of the EU transparency register should be able to request, from supervisory authorities, aggregate data based on the information provided by entities carrying out interest representation carried out on behalf of third country entities in their registration. In order to comprehensively monitor the modalities and the features of the interest representation activities carried out on behalf of third countries that are carried out in the Union, such aggregate data may include information that is not publicly available in the registers including personal data to the extent that is necessary to ensure an effective monitoring.

Or. en

Amendment 19

Recital 54

Text proposed by the Commission	Amendment
(54) To further limit administrative burden, administrative cooperation and exchanges of information between the national authorities, as well as the supervisory authorities and the Commission takes place through the Internal Market Information System (‘IMI system’) established by Regulation (EU) 1024/2012 of the European Parliament and of the Council7 for administrative cooperation between Member States’ competent authorities in Single Market related policy areas. The interoperability of the IMI system and the national registers should be ensured in line with the European Interoperability Framework.	(54) To further limit administrative burden, administrative cooperation and exchanges of information between the national authorities, as well as the supervisory authorities and the Commission takes place through a central register set up and maintained under the auspices of the secretariat of the EU transparency register.
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7 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/1024/oj).

Or. en

Amendment 20

Recital 55

Text proposed by the Commission	Amendment
(55) For the purposes of assisting the Commission in its task to ensure effective cooperation among competent national authorities, and the complete and effective implementation of this Directive, an advisory group should be established. The advisory group should include a representative from the supervisory authorities of each Member State. The advisory group should advise on the implementation of the Directive, including on the requirement to avoid that adverse consequences arise from the mere fact that an entity is registered pursuant to the requirements laid down in this Directive. It should adopt opinions, recommendations or reports that should be made public by the competent national authorities designated by Member States. In order to ensure legal certainty for entities that may fall in the scope of the Directive, the advisory group should, in particular, advise the Commission on possible guidance on the scope of the Directive, the notion of third country entity, and activities whose object or effect of which is to circumvent obligations in this Directive. Cooperation should be ensured as appropriate with the EU network against corruption.	(55) For the purposes of assisting the Commission in its task to ensure effective cooperation among competent national authorities, and the complete and effective implementation of this Directive, an advisory group should be established. The advisory group should include a representative from the supervisory authorities of each Member State and the authorities responsible for the implementation of the EU transparency register. The advisory group should advise on the implementation of the Directive, including on the requirement to avoid that adverse consequences arise from the mere fact that an entity is registered pursuant to the requirements laid down in this Directive. It should adopt opinions, recommendations or reports that should be made public by the competent national authorities designated by Member States. In order to ensure legal certainty for entities that may fall in the scope of the Directive, the advisory group should, in particular, advise the Commission on possible guidance on the scope of the Directive, the notion of third country entity, and activities whose object or effect of which is to circumvent obligations in this Directive. Cooperation should be ensured as appropriate with the EU network against corruption.

Or. en

Amendment 21

Recital 65

Text proposed by the Commission	Amendment
(65) Regulations (EU) 2016/67911 and (EU) 2018/172512 of the European Parliament and of the Council apply to the processing of personal data carried out in the context of this Directive, including the processing of personal data to maintain the national register or registers on entities carrying out interest representation activities on behalf of third country entities, to access personal data in such national register or registers and to exchange personal data in the context of administrative cooperation and mutual assistance between Member States under this Directive, including the use of IMI, and the keeping of records in accordance with this Directive’s record-keeping obligations. Any processing of personal data for such purposes should amongst others comply with the principles of data minimisation, data accuracy and storage limitation and fulfil the requirements of data integrity and confidentiality. Member States should establish the measures ensuring lawful and secure processing as regards the processing of personal data contained in their national register or registers, in accordance with applicable legislation on the protection of personal data.	(65) Regulations (EU) 2016/67911 and (EU) 2018/172512 of the European Parliament and of the Council apply to the processing of personal data carried out in the context of this Directive, including the processing of personal data to maintain the national register or registers on entities carrying out interest representation activities on behalf of third country entities, to access personal data in such national register or registers and to exchange personal data in the context of administrative cooperation and mutual assistance between Member States and the Union under this Directive and the keeping of records in accordance with this Directive’s record-keeping obligations. Any processing of personal data for such purposes should amongst others comply with the principles of data minimisation, data accuracy and storage limitation and fulfil the requirements of data integrity and confidentiality. Member States should establish the measures ensuring lawful and secure processing as regards the processing of personal data contained in their national register or registers, in accordance with applicable legislation on the protection of personal data.
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11 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).	11 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
12 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).	12 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).

Or. en

Amendment 22

Article 1 a (new)

Text proposed by the Commission	Amendment
	Article 1a
	Fundamental rights
	The national measures for which this Directive provides shall fully comply with and respect the principles of the Charter of Fundamental Rights (‘the Charter’), including the freedom of expression and information, the freedom of assembly and association, the freedom of scientific research, including academic freedom, the right to the protection of personal data, the right to an effective remedy and the freedom to conduct a business.
	Member States shall ensure that the national authorities act in a non-discriminatory manner when carrying out the tasks assigned to them under this Directive.
	Member States shall ensure that compliance with this Directive does not lead to any restriction of fundamental rights or stigmatisation.

Or. en

Amendment 23

Article 2 – paragraph 1 – point 1

Text proposed by the Commission	Amendment
(1) ‘interest representation activity’ means an activity conducted with the objective of influencing the development, formulation or implementation of policy or legislation, or public decision-making processes, in the Union, which could in particular be performed through organising or participating in meetings, conferences or events, contributing to or participating in consultations or parliamentary hearings, organising communication or advertising campaigns, organising networks and grassroots initiatives, preparation of policy and position papers, legislative amendments, opinion polls, surveys or open letters, or activities in the context of research and education, where they are specifically carried out with that objective;	(1) ‘interest representation activity’ means an activity conducted with the objective of influencing the development, formulation or implementation of policies, legislation, or public decision-making processes, in the Union through organising or participating in meetings, conferences or events, contributing to or participating in consultations or parliamentary hearings, organising communication or advertising campaigns, preparation of policy and position papers, legislative amendments, opinion polls, surveys or open letters, or activities in the context of research and education;

Or. en

Amendment 24

Article 9 – paragraph 4 a (new) –

Text proposed by the Commission	Amendment
	4a. Member States shall ensure that the information contained in the registers referred to in paragraph 1 is kept up to date and is shared in real-time with the the EU authorities responsible for the implementation of the Union-wide register. Those authorities shall maintain a central record of all registrations carried out within the scope of this Directive. That record will be accessible by both the general public and Member States’ supervisory authorities. The EU authorities responsible for the implementation of the transparency register shall develop and make available the necessary communication and IT tools for that purpose.

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Amendment 25

Article 10 – paragraph 1 – subparagraph 1 a

Text proposed by the Commission	Amendment
	Member States shall ensure that an entity referred to in Article 3(1) established in their territory is not subject to registration in their national register if that entity has registered in the register set up under the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register.

Or. en

Amendment 26

Article 10 – paragraph 2

Text proposed by the Commission	Amendment
2. If an entity referred to in Article 3(1) is established in more than one Member State, it shall register in the Member State of its main establishment.	2. If an entity referred to in Article 3(1) is established in more than one Member State, it shall register in the Member State of its main establishment. Alternatively, that entity may register in the register set up under the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register. An entity that has registered in the register set up under the Interinstitutional Agreement of 20 May 2021 shall be exempt from registration in a national register.

Or. en

Amendment 27

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. If an entity referred to in Article 3(1) is not established in the Union, it shall register in the Member State where its legal representative designated pursuant to Article 8 is established or, in the absence of a place of establishment, has his or her permanent address or usually resides.	3. If an entity referred to in Article 3(1) is not established in the Union, it shall register in the Member State where its legal representative designated pursuant to Article 8 is established or, in the absence of a place of establishment, has his or her permanent address or usually resides. Alternatively, that entity may register in the register set up under the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register. An entity that has registered in the register set up under the Interinstitutional Agreement of 20 May 2021 shall be exempt from registration in a national register.

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Amendment 28

Article 10 – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall ensure that, for the purpose of registration, an entity is required to submit only the information set out in Annex I.	4. Member States and, where applicable, the EU authorities responsible for the implementation of the register set up under the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register shall ensure that, for the purpose of registration, an entity is required to submit only the information set out in Annex I.

Or. en

Amendment 29

Article 12 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
Member States shall make the following information contained in the national register related to a registered entity publicly available:	Member States, and where applicable, the EU authorities responsible for the implementation of the Union-wide register shall make the following information contained in the national register related to a registered entity publicly available:

Or. en

Amendment 30

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that the information referred to in paragraph 1 is presented in a format which is easily accessible and machine readable, clearly visible and user-friendly, including through the use of plain language. The information shall be made available in a searchable manner in at least one official language of the Member State of registration and in an official language of the Union that is broadly understood by the largest possible number of citizens in the Union.	2. Member States, and where applicable, the EU authorities responsible for the implementation of the Union-wide register shall ensure that the information referred to in paragraph 1 is presented in a format which is easily accessible and machine readable, clearly visible and user-friendly, including through the use of plain language. The information shall be made available in a searchable manner in at least one official language of the Member State of registration and in an official language of the Union that is broadly understood by the largest possible number of citizens in the Union.

Or. en

Amendment 31

Article 12 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall ensure that entities referred to in Article 3(1) are able to apply for a derogation from the publication referred to in paragraph 1 by duly reasoned request. The supervisory authority shall take a decision limiting partially or fully public access where the requesting entity demonstrates, taking into account the circumstances of the individual case, that to do so is justified on grounds of a legitimate interest, including a serious risk that the publication would expose an individual to a violation of their fundamental rights, in particular as protected under Article 1, Article 2, Article 3, Article 4 or Article 6 of the Charter of Fundamental Rights of the European Union. Otherwise, the supervisory authority shall take a decision rejecting the request.	3. Member States, and where applicable, the EU authorities responsible for the implementation of the Union-wide register, shall ensure that entities referred to in Article 3(1) are able to apply for a derogation from the publication referred to in paragraph 1 by duly reasoned request. The supervisory authority shall take a decision limiting partially or fully public access where the requesting entity demonstrates, taking into account the circumstances of the individual case, that to do so is justified on grounds of a legitimate interest, including a serious risk that the publication would expose an individual to a violation of their fundamental rights, in particular as protected under Article 1, Article 2, Article 3, Article 4 or Article 6 of the Charter of Fundamental Rights of the European Union. Otherwise, the supervisory authority shall take a decision rejecting the request.

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Amendment 32

Article 13 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Starting on 31 March [year after the transposition deadline], and by 31 March of each subsequent year, each Member State shall publish, and transmit to the Commission a report based on the information provided by the entities registered in their national registers. This report shall contain only:	1. Starting on 31 March [year after the transposition deadline], and by 31 March of each subsequent year, each Member State shall publish, and transmit to the Commission and the EU authorities responsible for the implementation of the Union-wide register, a report based on the information provided by the entities registered in their national registers. This report shall contain only:

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Amendment 33

Article 15 – paragraph 2

Text proposed by the Commission	Amendment
2. Each supervisory authority shall have access to the national registers under its responsibility for the purpose of supervising the compliance with and enforcing the obligations set out in this Directive as well as exchanging information with the supervisory authorities in other Member States and the Commission, where authorised to do so under this Directive.	2. Each supervisory authority shall have access to the national registers under its responsibility, and to the Union-wide register for the purpose of supervising the compliance with and enforcing the obligations set out in this Directive as well as exchanging information with the supervisory authorities in other Member States, the Commission, and the EU authorities responsible for the implementation of the Union-wide register where authorised to do so under this Directive.

Or. en

Amendment 34

Article 17 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall ensure that their supervisory authorities cooperate with the supervisory authorities of all other Member States as necessary.	1. Member States shall ensure that their supervisory authorities cooperate with the supervisory authorities of all other Member States and with the EU authorities responsible for the implementation of the Union-wide register, as necessary.

Or. en

Amendment 35

Article 17 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that where a supervisory authority has reason to suspect that an entity falling within the jurisdiction of a supervisory authority of another Member State does not comply with its obligations under this Directive, it notifies the supervisory authority of that Member State.	2. Member States shall ensure that where a supervisory authority has reason to suspect that an entity falling within the jurisdiction of a supervisory authority of another Member State does not comply with its obligations under this Directive, it notifies the supervisory authority of that Member State and the EU authorities responsible for the implementation of the Union-wide register.

Or. en

Amendment 36

Article 17 – paragraph 6

Text proposed by the Commission	Amendment
6. The administrative cooperation and exchanges of information between the national authorities designated pursuant to Article 15(1), as well as the supervisory authorities and the Commission, pursuant to paragraphs 2, 4 and 5, Article 11(4), Article 16(5) and (6) and Article 18 of this Directive, shall be implemented through the IMI system established by Regulation (EU) No 1024/2012.	6. The administrative cooperation and exchanges of information between the national authorities designated pursuant to Article 15(1), as well as the supervisory authorities and the Commission, pursuant to paragraphs 2, 4 and 5, Article 11(4), Article 16(5) and (6) and Article 18 of this Directive, shall be implemented through the central register set up and maintained by the transparency register secretariat.

Or. en

Amendment 37

Article 18 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Member States shall ensure that supervisory authorities are competent to request the following information from the supervisory authorities of another Member State, where such information is necessary for the purpose of exercising cross-border cooperation as referred to in Article 17(2):	1. Member States shall ensure that supervisory authorities are competent to request the following information from the supervisory authorities of another Member State or to the EU authorities responsible for the implementation of the Union-wide register, where such information is necessary for the purpose of exercising cross-border cooperation as referred to in Article 17(2):

Or. en

Amendment 38

Article 19 – paragraph 4

Text proposed by the Commission	Amendment
4. Representatives of the European Parliament, or of the European Free Trade Association States that are contracting parties to the Agreement on the European Economic Area17, may be invited to attend meetings of the advisory group as observers.	4. Representatives of the EU authorities responsible for the implementation of the Union-wide register shall be invited to the meetings of the advisory group. The representatives of the European Free Trade Association States that are contracting parties to the Agreement on the European Economic Area17, may be invited to attend meetings of the advisory group as observers.
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17 Agreement on the European Economic Area (OJ L 1, 3.1.1994, p. 3, ELI: http://data.europa.eu/eli/agree_internation/1994/1/oj).	17 Agreement on the European Economic Area (OJ L 1, 3.1.1994, p. 3, ELI: http://data.europa.eu/eli/agree_internation/1994/1/oj).

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