Sittings · Document
Draft report (COM(2023)0637 – C9-0464/2023 – 2023/0463(COD)) 2025-04-24
Establishing 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 the Internal Market and Consumer Protection
Amendment 134
Alexandra Geese
Proposal for a directive
–
| Proposal for rejection | |
| The European Parliament rejects [the Commission proposal]. |
Or. en
Justification
The choice of this legal instrument as part of the "Defence of Democracy" package is misleading and fails to address the root causes of foreign interference in the EU. As evidenced by the impact assessment, the EU Commission does not know the extent of the “problem” it is trying to address, stating “the scale of interest representation activities carried out on behalf of third countries in the member states is largely unknown.” Secondly, there is no evidence in the Impact Assessment demonstrating that transparency measures have been effective in holding foreign actors to account for their activities and protecting democratic integrity. The proposed Directive only aims at legal interest representation activities. Illegal activities, however, seem to be at the core of the issue, but will not be tackled by this Directive. It is largely unclear how the Directive would ensure that Member State authorities identify bad actors. Thirdly, the Directive overlooks the fact that covert foreign interference may come from diverse sources, both within and outside the EU (letterbox organisations) thereby creating loopholes. Fourth, the definitions are unclear and would lead to legal uncertainty and allow for easy circumvention. In addition, the proposed Commission text would also lower the standards of existing transparency registers in some Member States and at the same time add significant administrative burden on national authorities without concrete evidence that this will have any notable effects for the defence of democracy. Finally, and most importantly, the proposal stigmatises civil society organisations in Europe, it would shrink the space of CSOs and allow for an abuse of the proposal to further crack down on CSOs in certain Member States.
Amendment 135
Leila Chaibi
on behalf of The Left Group
Proposal for a directive
–
| Proposal for rejection | |
| The European Parliament rejects [the Commission proposal]. |
Or. en
Amendment 136
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, José Cepeda
Proposal for a directive
Title 1
| Text proposed by the Commission | Amendment |
| Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing harmonised requirements in the internal market on transparency of interest representation carried out on behalf of third countries and amending Directive (EU) 2019/1937 (Text with EEA relevance) | Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing harmonised requirements in the internal market on transparency of interest representation activities (General Transparency of Interests Directive) and amending Directive (EU) 2019/1937 (Text with EEA relevance) |
Or. en
Amendment 137
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 2
| Text proposed by the Commission | Amendment |
| (2) Interest representation is not only carried out on behalf of domestic stakeholders but increasingly also by third countries. Ideas from third countries can contribute positively to public debate and are a welcome part of international engagement. However, it is not always easy for public officials or individuals to recognise the involvement of third countries in interest representation activities in the context of their decision-making process, or understand the magnitude, trends and actors behind such activities. Third countries should be understood as countries that are not members of the Union or the European Economic Area. | deleted |
Or. en
Amendment 138
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 3
| Text proposed by the Commission | Amendment |
| (3) To the extent that it is normally provided against remuneration, interest representation, including interest representation provided to third countries, constitutes a service within the meaning of Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). The market for interest representation also includes interest representation activities carried out by third country entities themselves in a way that is comparable to services and are linked to or substitute activities of an economic nature. These activities should be treated in the same way as interest representation services. | (3) To the extent that it is normally provided against remuneration, interest representation constitutes a service within the meaning of Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). The market for interest representation also includes interest representation activities carried out by third country entities themselves in a way that is comparable to services and are linked to or substitute activities of an economic nature. These activities should be treated in the same way as interest representation services. |
Or. en
Amendment 139
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 6
| Text proposed by the Commission | Amendment |
| (6) Such divergences create an uneven playing field and increase compliance costs for entities seeking to carry out interest representation activities in more than one Member State, which may deter the development and provision of new interest representation activities in the internal market. Third countries are likely to seek interest representation in more than one Member State in order to ensure an overall positive policy in their favour across the Union. Such conditions negatively impact economic operators and constitute obstacles to the provision of cross-border interest representation within the internal market. This uneven playing field also directs cross-border interest representation activities away from more regulated Member States towards less regulated ones or where enforcement is limited. Such regulatory arbitrage also presents an opportunity for third-country actors seeking to evade transparency requirements. | (6) Such divergences create an uneven playing field and increase compliance costs for entities seeking to carry out interest representation activities in more than one Member State, which may deter the development and provision of new interest representation activities in the internal market. Such conditions negatively impact economic operators and constitute obstacles to the provision of cross-border interest representation within the internal market. This uneven playing field also directs cross-border interest representation activities away from more regulated Member States towards less regulated ones or where enforcement is limited. Such regulatory arbitrage also presents an opportunity for actors seeking to evade transparency requirements. |
Or. en
Amendment 140
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 7
| Text proposed by the Commission | Amendment |
| (7) In the context of an increased awareness of attempts by certain third countries to influence democratic processes in the Union, some Member States are likely to develop new rules to ensure transparency of foreign influence exerted through interest representation. The obstacles to the provision of such services in more than one Member State created by the fragmentation of the internal market for interest representation activities carried out on behalf of third countries are therefore likely to increase. | (7) In the context of an increased awareness of attempts to influence democratic processes in the Union, some Member States are likely to develop new rules to ensure transparency exerted through interest representation. The obstacles to the provision of such services in more than one Member State created by the fragmentation of the internal market for interest representation activities are therefore likely to increase. |
Or. en
Amendment 141
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 8
| Text proposed by the Commission | Amendment |
| (8) The existing national divergences in the measures regulating transparency of interest representation, affecting especially interest representation carried out on behalf of third countries, and the current context of increased awareness of the risks of foreign interference in democratic processes, highlight the need to act at Union level to regulate the provision of interest representation services and engage in interest representation activities carried out on behalf of third countries across the Union, while ensuring a high level of transparency of such activities. | (8) The existing national divergences in the measures regulating transparency of interest representation and the current context of increased awareness of the risks of interference in democratic processes, highlight the need to act at Union level to regulate the provision of interest representation services and engage in interest representation activities across the Union, while ensuring a high level of transparency of such activities. |
Or. en
Amendment 142
Denis Nesci
Proposal for a directive
Recital 9
| Text proposed by the Commission | Amendment |
| (9) To avoid a situation where Member States seek to unilaterally address their concerns regarding transparency of foreign influence exerted through interest representation and to prevent the emergence of additional obstacles to the provision of cross-border interest representation activities carried out on behalf of third countries resulting from divergent and inconsistent development of national laws, it is necessary to provide for harmonised measures at Union level. | deleted |
Or. en
Amendment 143
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 9
| Text proposed by the Commission | Amendment |
| (9) To avoid a situation where Member States seek to unilaterally address their concerns regarding transparency of foreign influence exerted through interest representation and to prevent the emergence of additional obstacles to the provision of cross-border interest representation activities carried out on behalf of third countries resulting from divergent and inconsistent development of national laws, it is necessary to provide for harmonised measures at Union level. | (9) To avoid a situation where Member States seek to unilaterally address their concerns regarding transparency of interest representation and to prevent the emergence of additional obstacles to the provision of cross-border interest representation activities resulting from divergent and inconsistent development of national laws, it is necessary to provide for harmonised measures at Union level. |
Or. en
Amendment 144
Kateřina Konečná
Proposal for a directive
Recital 9
| Text proposed by the Commission | Amendment |
| (9) To avoid a situation where Member States seek to unilaterally address their concerns regarding transparency of foreign influence exerted through interest representation and to prevent the emergence of additional obstacles to the provision of cross-border interest representation activities carried out on behalf of third countries resulting from divergent and inconsistent development of national laws, it is necessary to provide for harmonised measures at Union level. | (9) To avoid a situation where Member States seek to unilaterally address their concerns regarding transparency of foreign influence exerted through interest representation and to prevent the emergence of additional obstacles to the provision of cross-border interest representation activities carried out on behalf of third countries resulting from divergent and inconsistent development of national laws, it is necessary to provide for harmonised minimum measures at Union level. |
Or. en
Amendment 145
Kateřina Konečná
Proposal for a directive
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 harmonised minimum 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. |
Or. en
Amendment 146
Alex Agius Saliba, José Cepeda
Proposal for a directive
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 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 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 147
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Providing common transparency and accountability standards and common reporting standards also support democratic accountability and a better common knowledge of interest representation activities conducted with the objective of influencing the development, formulation or implementation of policy or legislation, or public decision-making processes, in the Union, addressing the need for reliable and consistent data. The need to ensure transparency of interest representation activities carried out on behalf of third countries is a legitimate public goal, in the light of the principles of openness and transparency which must guide the democratic life of the Union in accordance with the second paragraph of Article 1 and Article 10(3) of the Treaty on the European Union (‘TEU’), in conformity with the values shared by the Union and its Member States pursuant to Article 2 TEU, also supporting the exercise of citizenship rights. | (11) Providing common transparency and accountability standards and common reporting standards also support democratic accountability and a better common knowledge of interest representation activities conducted with the objective of influencing the development, formulation or implementation of policy or legislation, or public decision-making processes, in the Union, addressing the need for reliable and consistent data. The need to ensure transparency of interest representation activities is a legitimate public goal, in the light of the principles of openness and transparency which must guide the democratic life of the Union in accordance with the second paragraph of Article 1 and Article 10(3) of the Treaty on the European Union (‘TEU’), in conformity with the values shared by the Union and its Member States pursuant to Article 2 TEU, also supporting the exercise of citizenship rights. |
Or. en
Amendment 148
Kateřina Konečná
Proposal for a directive
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 and its Member States' 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. |
Or. en
Amendment 149
Alex Agius Saliba, José Cepeda
Proposal for a directive
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 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. |
Or. en
Amendment 150
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 13
| Text proposed by the Commission | Amendment |
| (13) While rules on openness and transparency of interest representation activities exist in certain third countries, these rules do not cover activities seeking to influence the development, formulation or implementation of policy or legislation, or public decision-making processes, in the Union. These rules are therefore not adequate to ensure the transparency of interest representation seeking to influence decision-making in the Union. | deleted |
Or. en
Amendment 151
Alex Agius Saliba, José Cepeda
Proposal for a directive
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. They impose requirements related to those activities, and do not impose requirements on entities merely because they receive funding. This Directive focuses on increased transparency when entities carry out interest representation activities 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, the measures set out in this Directive strengthen citizens’ democratic rights as referred to in the Charter. |
Or. en
Amendment 152
Denis Nesci
Proposal for a directive
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
| (14 a) In order to safeguard the integrity of public decision-making and avoid potential conflicts of interest, it is appropriate to recommend that individuals who have recently held high-level public functions, such as government office or a parliamentary mandate, should not engage in interest representation activities on behalf of third countries during a reasonable cooling-off period, such as six months following the end of their term. Such a measure would contribute to public trust in the transparency and impartiality of the Union’s decision-making processes. |
Or. en
Amendment 153
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 15
| Text proposed by the Commission | Amendment |
| (15) The harmonised transparency requirements of this Directive should not affect national rules on interest representation activities for entities other than third country entities, nor should they affect the substantive content of such activities nor the substantive rules applicable to public officials when they interact with entities carrying out interest representation activities. They should not affect rules applicable to criminal activities and their detection, investigation, prosecution supervision and sanctioning as established under national or Union law, such as those related to corruption. | (15) The harmonised transparency requirements of this Directive should not affect the minimum standards in national rules on interest representation activities, nor should they affect the substantive content of such activities nor the substantive rules applicable to public officials when they interact with entities carrying out interest representation activities. They should not affect rules applicable to criminal activities and their detection, investigation, prosecution supervision and sanctioning as established under national or Union law, such as those related to corruption. |
Or. en
Amendment 154
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 15 a (new)
| Text proposed by the Commission | Amendment |
| (15 a) This Directive is without prejudice to the obligation of the Member States to respect the Charter of Fundamental Rights of the European Union, in particular the full respect for the freedom of association and expression, and international human rights standards. |
Or. en
Amendment 155
Denis Nesci
Proposal for a directive
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 and exhaustive 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. |
Or. en
Amendment 156
Kateřina Konečná
Proposal for a directive
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 minimum 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. |
Or. en
Amendment 157
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 19
| Text proposed by the Commission | Amendment |
| (19) Interest representation could also cover activities carried out on behalf of a third country entity in the context of research and education, such as the dissemination by think tanks of papers recommending or favouring the adoption of a specific public policy. In accordance with the principle of academic freedom and freedom of scientific research, enshrined in Article 13 of the Charter, interest representation should not cover research pursued by researchers in a subject of their choice, the dissemination of the findings of that research, or teaching and education activities that are conducted in accordance with the principle of academic freedom and institutional autonomy, except where the clear purpose of these activities is to influence the development, formulation or implementation of policy or legislation, or public decision-making processes, in the Union and they are carried out on behalf of a third country entity. Where this is not the case, carrying out such activities should not give rise to registration requirements under this Directive. | (19) Interest representation could also cover activities carried out in the context of research and education, such as the dissemination by think tanks of papers recommending or favouring the adoption of a specific public policy. In accordance with the principle of academic freedom and freedom of scientific research, enshrined in Article 13 of the Charter, interest representation should not cover research pursued by researchers in a subject of their choice, the dissemination of the findings of that research, or teaching and education activities that are conducted in accordance with the principle of academic freedom and institutional autonomy. Where this is not the case, carrying out such activities should not give rise to registration requirements under this Directive. |
Or. en
Amendment 158
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 20
| Text proposed by the Commission | Amendment |
| (20) Activities carried out by officials of third country governments that are connected with the exercise of official authority, including activities related to the exercise of diplomatic relations between States or international organisations, should be excluded from the scope of this Directive. This Directive should also not cover activities carried out by lawyers consisting of the provision of legal advice or the representation in legal, conciliation or mediation proceedings of third country entities and safeguarding their fundamental rights, such as the right to be heard, the right to a fair trial, and the right of defence. Professional advice other than legal advice should also be outside the scope of this Directive, such as procuring a professional or expert study to serve as evidence in support of arguments in court; getting technical or scientific advice on complying with technical legislation or using mediation services of a professional as mediators who are not necessarily certified lawyers. Ancillary activities such as catering, the provision of a venue, the printing of brochures or policy papers, or the provision of online intermediary services within the meaning of Regulation (EU) 2022/20653 , such as online platforms services, should not be covered by this Directive. | (20) Activities carried out by the central government and public authorities at all other levels of a country, including activities related to the exercise of diplomatic relations between States or international organisations, should be excluded from the scope of this Directive. This Directive should also not cover activities carried out by lawyers consisting of the provision of legal advice or the representation in legal, conciliation or mediation proceedings and safeguarding fundamental rights, such as the right to be heard, the right to a fair trial, and the right of defence. Professional advice other than legal advice should also be outside the scope of this Directive, such as procuring a professional or expert study to serve as evidence in support of arguments in court; getting technical or scientific advice on complying with technical legislation or using mediation services of a professional as mediators who are not necessarily certified lawyers. Ancillary activities such as catering, the provision of a venue, the printing of brochures or policy papers, or the provision of online intermediary services within the meaning of Regulation (EU) 2022/20653 , such as online platforms services, should not be covered by this Directive. Activities from entities that spent an aggregate annual amount for all activities falling within the scope of this Directive that is inferior to EUR 25 000 in the preceding financial year, should not be covered by this Directive. |
| _________________ | _________________ |
| 3 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EU (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj). | 3 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EU (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj). |
Or. en
Amendment 159
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 21
| Text proposed by the Commission | Amendment |
| (21) In order to harmonise transparency requirements, it is necessary to provide for a common definition of providers of interest representation services. Providers of interest representation services could be legal persons governed by private law, natural persons who individually engage in a professional lobbying activity, as well as other natural or legal persons whose principal or occasional occupation is to influence the public decision-making process, including lobbying and public relations companies, think tanks, civil society organisations, private research institutes, public research institutes offering research services, individual researchers and consultants. | deleted |
Or. en
Amendment 160
Kateřina Konečná
Proposal for a directive
Recital 21
| Text proposed by the Commission | Amendment |
| (21) In order to harmonise transparency requirements, it is necessary to provide for a common definition of providers of interest representation services. Providers of interest representation services could be legal persons governed by private law, natural persons who individually engage in a professional lobbying activity, as well as other natural or legal persons whose principal or occasional occupation is to influence the public decision-making process, including lobbying and public relations companies, think tanks, civil society organisations, private research institutes, public research institutes offering research services, individual researchers and consultants. | (21) In order to harmonise minimum transparency requirements, it is necessary to provide for a common definition of providers of interest representation services. Providers of interest representation services could be legal persons governed by private law, natural persons who individually engage in a professional lobbying activity, as well as other natural or legal persons whose principal or occasional occupation is to influence the public decision-making process, including lobbying and public relations companies, think tanks, civil society organisations, private research institutes, public research institutes offering research services, individual researchers and consultants. |
Or. en
Amendment 161
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 23
| Text proposed by the Commission | Amendment |
| (23) The government or authorities of a third country may be behind the decision of an entity to seek interest representation. This may be as a result of control exercised by the government or public authorities of a third country over the entity, in particular where it has a decisive influence on that entity through economic rights, contractual arrangements, or any other means. It may also result from situations where a third country government or authorities were behind the decision of the entity, in particular by giving instructions or directives. In order to capture such instances, the concept of third country entities should be understood as covering not only the central government and public authorities of third countries but also public or private entities, including Union citizens and legal persons established in the Union, whose actions can be ultimately attributed to that third country. Whether the actions of a public or private entity are to be attributed to a third country government or authority should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the third country in which the entity operates, including the government’s role in the economy of that country. | deleted |
Or. en
Amendment 162
Kateřina Konečná
Proposal for a directive
Recital 23
| Text proposed by the Commission | Amendment |
| (23) The government or authorities of a third country may be behind the decision of an entity to seek interest representation. This may be as a result of control exercised by the government or public authorities of a third country over the entity, in particular where it has a decisive influence on that entity through economic rights, contractual arrangements, or any other means. It may also result from situations where a third country government or authorities were behind the decision of the entity, in particular by giving instructions or directives. In order to capture such instances, the concept of third country entities should be understood as covering not only the central government and public authorities of third countries but also public or private entities, including Union citizens and legal persons established in the Union, whose actions can be ultimately attributed to that third country. Whether the actions of a public or private entity are to be attributed to a third country government or authority should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the third country in which the entity operates, including the government’s role in the economy of that country. | (23) The government or authorities of a third country may be behind the decision of an entity to seek interest representation. This may be as a result of control exercised by the government or public authorities of a third country over the entity, in particular where it has a decisive influence on that entity through economic rights, contractual arrangements, or any other means. It may also result from situations where a third country government or authorities were behind the decision of the entity, in particular by giving instructions or directives. In order to capture such instances, the concept of third country entities should be understood as covering not only the central government and public authorities of third countries but also public or private entities, including Union citizens and legal persons established in the Union, whose actions can be ultimately attributed to that third country. Whether the actions of a public or private entity are to be attributed to a third country government or authority should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity. |
Or. en
Amendment 163
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 24
| Text proposed by the Commission | Amendment |
| (24) An interest representation activity should fall within the scope of this Directive if it is carried out on behalf of a third country entity. This means that it should cover interest representation services provided to third country entities. Furthermore, since a third country government may rely on entities whose actions can be attributed to it to carry out interest representation activities of an economic nature and thus comparable to an interest representation service, the Directive should also cover such activities. It may thus also cover in-house interest representation by third country entities. This Directive should cover interest representation activities carried out on behalf of third country entities directed to natural or legal persons or carried out or brought to the public domain in one or several Member States. | deleted |
Or. en
Amendment 164
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 25
| Text proposed by the Commission | Amendment |
| (25) This Directive should not cover activities supporting or aligned with the interests of a third country but without any link to that third country. This includes activities that constitute a manifestation of the freedom of expression and of the freedom to impart and receive information and ideas, or a manifestation of academic freedom, such as activities carried out by natural persons acting in a personal capacity, or journalists working for third country media whose actions cannot be attributed to a third country or do not qualify as interest representation as defined by this Directive. The provision of media services as defined in Article 2 of Regulation (EU) XXXX/XXXX of the European Parliament and of the Council4 and the provision of audiovisual media services as defined in Article 1 of Directive 2010/13/EU of the European Parliament and of the Council5 will not fall within the scope of application of this Directive. However, interest representation activities carried out on behalf of third country entities within the meaning of this Directive by media service providers will be covered. | (25) This Directive should not cover activities that constitute a manifestation of the freedom of expression and of the freedom to impart and receive information and ideas, or a manifestation of academic freedom, such as activities carried out by natural persons acting in a personal capacity, or journalists do not qualify as interest representation as defined by this Directive. The provision of media services as defined in Article 2 of Regulation (EU) XXXX/XXXX of the European Parliament and of the Council4 and the provision of audiovisual media services as defined in Article 1 of Directive 2010/13/EU of the European Parliament and of the Council5 will not fall within the scope of application of this Directive. However, interest representation activities carried within the meaning of this Directive by media service providers will be covered. |
| _________________ | _________________ |
| 4 Regulation (EU) XXXX/XXXX of the European Parliament and of the Council of XXXX establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU (OJ L XX, XX.XX.XXXX, p. XX, ELI: XXX). | 4 Regulation (EU) XXXX/XXXX of the European Parliament and of the Council of XXXX establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU (OJ L XX, XX.XX.XXXX, p. XX, ELI: XXX). |
| 5 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1, ELI: http://data.europa.eu/eli/dir/2010/13/oj). | 5 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1, ELI: http://data.europa.eu/eli/dir/2010/13/oj). |
Or. en
Amendment 165
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 26
| Text proposed by the Commission | Amendment |
| (26) For the purpose of interest representation services provided to a third country entity, any consideration received in return for the interest representation service in question should be considered as remuneration for the purposes of this Directive. This could cover financial contributions, such as loans, capital injection, debt forgiveness, fiscal incentives or tax exemption, received in return of an interest representation activity. Remuneration could also include benefits in kind, such as the provision, construction and maintenance of office space in return for an interest representation service. In such situations, the interest representation services provider would be responsible for estimating the value of the benefit received, for example by using the market rate. | (26) For the purpose of interest representation services provided to an entity, any consideration received in return for the interest representation service in question should be considered as remuneration for the purposes of this Directive. This could cover financial contributions, such as loans, capital injection, debt forgiveness, fiscal incentives or tax exemption, received in return of an interest representation activity. Remuneration could also include benefits in kind, such as the provision, construction and maintenance of office space in return for an interest representation service. In such situations, the interest representation services provider would be responsible for estimating the value of the benefit received, for example by using the market rate. |
Or. en
Amendment 166
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 27
| Text proposed by the Commission | Amendment |
| (27) The Court has held that the essential characteristic of remuneration lies in the fact that it constitutes consideration for the services in question. Contributions to the core funding of an organisation or similar financial support, for example provided under a third country donor grant scheme, should not be considered as remuneration for an interest representation service where they are unrelated to an interest representation activity, that is, where the entity would receive such funding regardless of whether it carries out specific interest representation activities. | (27) The Court has held that the essential characteristic of remuneration lies in the fact that it constitutes consideration for the services in question. Contributions to the core funding of an organisation or similar financial support, for example provided under a donor grant scheme, should not be considered as remuneration for an interest representation service where they are unrelated to an interest representation activity, that is, where the entity would receive such funding regardless of whether it carries out specific interest representation activities. |
Or. en
Amendment 167
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 28
| Text proposed by the Commission | Amendment |
| (28) To ensure a comprehensive and transparent overview of the amounts used for an interest representation activity as a whole, annual amounts should, for the purpose of this Directive, include the total annual remuneration received from the third country entity for the provision of an interest representation service, and where no remuneration is received, the estimate of the annual costs related to the interest representation activity carried out. For the same reasons, these amounts should include the costs for subcontractors and ancillary activities. | (28) To ensure a comprehensive and transparent overview of the amounts used for an interest representation activity as a whole, annual amounts should, for the purpose of this Directive, include the total annual remuneration received from an entity for the provision of an interest representation service, and where no remuneration is received, the estimate of the annual costs related to the interest representation activity carried out. For the same reasons, these amounts should include the costs for subcontractors and ancillary activities. |
Or. en
Amendment 168
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 29
| Text proposed by the Commission | Amendment |
| (29) Subcontractors may qualify as an entity carrying out interest representation on behalf of third country entities and thus fall within the scope of the obligations set out in this Directive. To reduce administrative burden and to avoid double-counting of remuneration, as well as to ensure information throughout a chain of contracts, entities carrying out interest representation activities should ensure that their contractual arrangements with subcontractors include information that the interest representation activity is carried out on behalf of a third country entity, as well as an obligation to pass on that information in cases where the activity is further subcontracted. On that basis, subcontractors should be exempted from the obligation to register and keep records, and where applicable, designate a legal representative, laid down in this Directive. | (29) Subcontractors may qualify as an entity carrying out interest representation and thus fall within the scope of the obligations set out in this Directive. To reduce administrative burden and to avoid double-counting of remuneration, as well as to ensure information throughout a chain of contracts, entities carrying out interest representation activities should ensure that their contractual arrangements with subcontractors include information that the interest representation activity is carried out on behalf of an entity, as well as an obligation to pass on that information in cases where the activity is further subcontracted. On that basis, subcontractors should be exempted from the obligation to register and keep records, and where applicable, designate a legal representative, laid down in this Directive. |
Or. en
Amendment 169
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 30
| Text proposed by the Commission | Amendment |
| (30) To facilitate compliance with the registration requirements of this Directive, providers of interest representation services should be entitled to ask the entity on whose behalf the service is provided to declare whether it is a third country entity. Providers of interest representation services should make the best possible use of this right in order to make an informed choice enabling them to fully comply with the requirements set out in this Directive when exercising their activities. | (30) To facilitate compliance with the registration requirements of this Directive, providers of interest representation services should be entitled to ask the entity on whose behalf the service is provided. Providers of interest representation services should make the best possible use of this right in order to make an informed choice enabling them to fully comply with the requirements set out in this Directive when exercising their activities. |
Or. en
Amendment 170
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 31
| Text proposed by the Commission | Amendment |
| (31) In order to support accountability and promote awareness of the third country interests they represent, entities carrying out interest representation activities on behalf of a third country entity should be required to keep certain records. These records should include a description of the purpose of the interest representation activity, in particular the decision-making process it seeks to influence and the result it seeks to obtain. Records should also include the identity of the third country entity, which in cases where the entity is a natural person should be understood as the natural person’s full name. They should also include copies of contracts and key exchanges essential to understanding the nature, and purpose of, and financial arrangements behind the interest representation activity, as well as information or material constituting a key component of the activity, such as position papers shared with public officials. | (31) In order to support accountability and promote awareness of the interests they represent, entities carrying out interest representation activities should be required to keep certain records. These records should include a description of the purpose of the interest representation activity, in particular the decision-making process it seeks to influence and the result it seeks to obtain. Records should also include the identity of the entity, which in cases where the entity is a natural person should be understood as the natural person’s full name, the annual amount contracted per client, when acting as an intermediary the annual amount spent, when promoting their own interests or the collective of their members. They should also include copies of contracts and key exchanges essential to understanding the nature, and purpose of, and financial arrangements behind the interest representation activity. |
Or. en
Amendment 171
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 32
| Text proposed by the Commission | Amendment |
| (32) Entities carrying out interest representation on behalf of third countries should not be required to keep the personal data contained in those records longer than necessary to ensure that the supervisory authorities can carry out their supervisory and enforcement tasks. Any such records should be kept long enough to enable supervisory authorities to obtain, in justified cases, the records kept on the third country entity and the interest representation activity as well as the annually aggregated records. | (32) Entities carrying out interest representation should not be required to keep the personal data contained in those records longer than necessary to ensure that the supervisory authorities can carry out their supervisory and enforcement tasks. Any such records should be kept long enough to enable supervisory authorities to obtain, in justified cases, the records kept on the interest representation activity as well as the annually aggregated records. |
Or. en
Amendment 172
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 33
| Text proposed by the Commission | Amendment |
| (33) In order to allow for effective oversight, entities carrying out interest representation activities on behalf of a third country entity that do not have a place of establishment in the Union should be required to designate a legal representative established in the Union and ensure that their designated legal representative has the necessary powers and resources to cooperate with the relevant authorities. | (33) In order to allow for effective oversight, entities carrying out interest representation activities for an entity that does not have a place of establishment in the Union should be required to designate a legal representative established in the Union and ensure that their designated legal representative has the necessary powers and resources to cooperate with the relevant authorities. |
Or. en
Amendment 173
Kateřina Konečná
Proposal for a directive
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 minimum 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. |
Or. en
Amendment 174
Alex Agius Saliba, José Cepeda
Proposal for a directive
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 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, which should be interoperable. In such cases, Member States should establish rules indicating in which national register entities carrying out interest representation activities 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 175
Alex Agius Saliba, José Cepeda
Proposal for a directive
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 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. |
Or. en
Amendment 176
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 37
| Text proposed by the Commission | Amendment |
| (37) The information to be included for the purpose of this Directive in the registration should be limited to what is necessary to ensure the transparency of the interest representation activities carried out on behalf of third countries and the effective enforcement of this Directive. Such information should include data concerning the entity carrying out interest representation activity itself, the third country on whose behalf the activity is performed, the identity of subcontractors as defined in this Directive carrying out interest representation activities, and information concerning the specific interest representation activity carried out. Where applicable, it should also include a reference to media service providers or online platforms where advertisements are placed as part of the interest representation activity. The registration should not concern information on the amounts or origin of financial support received that is unrelated to an interest representation activity. | (37) The information to be included for the purpose of this Directive in the registration should be limited to what is necessary to ensure the transparency of the interest representation activities and the effective enforcement of this Directive. Such information should include data concerning the entity carrying out interest representation activity itself, the identity of subcontractors as defined in this Directive carrying out interest representation activities, and information concerning the specific interest representation activity carried out. Where applicable, it should also include a reference to media service providers or online platforms where advertisements are placed as part of the interest representation activity. The registration should not concern information on the amounts or origin of financial support received that is unrelated to an interest representation activity. |
Or. en
Amendment 177
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 38
| Text proposed by the Commission | Amendment |
| (38) To ensure that the information provided for the purposes of registration continues to allow the authorities responsible for the national registers to correctly and precisely identify the third countries on whose behalf interest representation is being carried out and how much is being spent on those activities, the Commission should be empowered to adopt delegated acts adapting the standard set of information. | (38) To ensure that the information provided for the purposes of registration continues to allow the authorities responsible for the national registers to correctly and precisely identify on whose behalf interest representation is being carried out and how much is being spent on those activities, the Commission should be empowered to adopt delegated acts adapting the standard set of information. |
Or. en
Amendment 178
Alex Agius Saliba, José Cepeda
Proposal for a directive
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, 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. |
Or. en
Amendment 179
Alex Agius Saliba, José Cepeda
Proposal for a directive
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 national 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 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 national register of registration should appear logical to persons familiar with the organisation of the Member State concerned. |
Or. en
Amendment 180
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 43
| Text proposed by the Commission | Amendment |
| (43) To ensure compliance with the registration requirement, supervisory authorities should, where they have reliable information that an entity failed to register, for example based on a report by a whistleblower, be able to ask the entity to provide the information strictly necessary to establish whether it falls within the scope of this Directive. Such information should typically not extend beyond information directly capable of demonstrating whether it falls within the scope of this Directive. It could consist of the information of the type covered by the record-keeping obligation, including any declarations obtained as to whether an entity on whose behalf an interest representation service is provided is a third country entity. Where possible, the request should be limited to information that should be in the possession of the entity. In addition, supervisory authorities should, where they have reliable information of possible non-compliance with the obligations flowing from registration, be able to ask an entity to provide the information necessary to investigate such possible non-compliance. Such information should typically not extend beyond information directly capable of demonstrating the completeness or accuracy of the information provided as part of the requirement to register and to update. Where possible, the request should be limited to information that should be in the possession of the registered entity. Any such requests should contain a statement of reasons, the information sought and the reasons for its relevance, and information on judicial review procedures available. Such requests should be without prejudice to national authorities’ powers to investigate any conduct liable to constitute criminal offences as provided in national law and Union law. | (43) To ensure compliance with the registration requirement, supervisory authorities should, where they have reliable information that an entity failed to register, for example based on a report by a whistleblower, be able to ask the entity to provide the information strictly necessary to establish whether it falls within the scope of this Directive. Such information should typically not extend beyond information directly capable of demonstrating whether it falls within the scope of this Directive. It could consist of the information of the type covered by the record-keeping obligation, including any declarations obtained as to whether an entity on whose behalf an interest representation service is provided. Where possible, the request should be limited to information that should be in the possession of the entity. In addition, supervisory authorities should, where they have reliable information of possible non-compliance with the obligations flowing from registration, be able to ask an entity to provide the information necessary to investigate such possible non-compliance. Such information should typically not extend beyond information directly capable of demonstrating the completeness or accuracy of the information provided as part of the requirement to register and to update. Where possible, the request should be limited to information that should be in the possession of the registered entity. Any such requests should contain a statement of reasons, the information sought and the reasons for its relevance, and information on judicial review procedures available. Such requests should be without prejudice to national authorities’ powers to investigate any conduct liable to constitute criminal offences as provided in national law and Union law. |
Or. en
Amendment 181
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 44
| Text proposed by the Commission | Amendment |
| (44) Democratic accountability is a pillar of well-functioning democracies. By providing for citizens’ access to information on entities carrying out interest representation activities on behalf of third countries active in the internal market, as well as the third country entities they represent, this Directive enables citizens and other interested stakeholders to exercise their democratic rights and responsibilities, including their ability to exercise democratic scrutiny in full knowledge of whose interest are being served by the interest representation activities to which they, or their elected representatives, may be exposed. Public scrutiny by citizens and interested stakeholders on issues affecting the democratic sphere supports democratic checks and balances. Democratic accountability also supports citizens’ empowerment, allowing them to express and exercise their democratic choices, including when they vote. As voters, citizens are important decision-makers in their own right, and as such, they can be the target for certain interest representation services. | (44) Democratic accountability is a pillar of well-functioning democracies. By providing for citizens’ access to information on entities carrying out interest representation activities active in the internal market, as well as the entities they represent, this Directive enables citizens and other interested stakeholders to exercise their democratic rights and responsibilities, including their ability to exercise democratic scrutiny in full knowledge of whose interest are being served by the interest representation activities to which they, or their elected representatives, may be exposed. Public scrutiny by citizens and interested stakeholders on issues affecting the democratic sphere supports democratic checks and balances. Democratic accountability also supports citizens’ empowerment, allowing them to express and exercise their democratic choices, including when they vote. As voters, citizens are important decision-makers in their own right, and as such, they can be the target for certain interest representation services. |
Or. en
Amendment 182
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 45
| Text proposed by the Commission | Amendment |
| (45) To ensure proportionality, when personal data is made publicly available, it should be limited to what is strictly necessary to the purpose of informing citizens, their representatives and other interested parties about interest representation activities carried out on behalf of third countries. In addition, information on the annual amounts declared should be made publicly available using more general ranges than the ones used for the submission of information to national registers, to ensure the level of detail necessary for the purpose of informing citizens, their representatives and other interested parties. Information that is of relevance only to supervisory authorities, such as the contact details of the persons responsible for a registered entity, should not be made publicly available. | (45) To ensure proportionality, when personal data is made publicly available, it should be limited to what is strictly necessary to the purpose of informing citizens, their representatives and other interested parties about interest representation activities carried out. In addition, information on the annual amounts declared should be made publicly available using more general ranges than the ones used for the submission of information to national registers, to ensure the level of detail necessary for the purpose of informing citizens, their representatives and other interested parties. Information that is of relevance only to supervisory authorities, such as the contact details of the persons responsible for a registered entity, should not be made publicly available. |
Or. en
Amendment 183
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 47
| Text proposed by the Commission | Amendment |
| (47) To ensure the protection of individuals that may be exposed by the publication of specific information to a violation of their fundamental rights, such as retaliations against individuals working for a registered entity operating in a third country, Member States should ensure that supervisory authorities are able, upon request, to restrict the publication of whole or part of the information entered in the national register. The registered entity should demonstrate that, taking into account all the relevant circumstances of the individual cases, publication should be restricted due to legitimate interests such as a serious risk that the publication would expose an individual to a violation of their fundamental rights in particular as protected by Articles 1 (Right to human dignity), 2 (Right to life), 3 (Right to the integrity of the person), 4 (Prohibition of torture and inhuman or degrading treatment or punishment) or 6 (Right to liberty and security of the Charter, such as kidnapping, blackmail, extortion, harassment, violence or intimidation), or such as trade secrets. The analysis should take into account risks to the physical integrity of employees, or any individuals working for or affiliated to a registered entity. Legitimate interests should also cover risks to individuals that benefit from the activities of the registered entity. Any decision by the supervisory authority should take into account the objectives of this Directive and should be subject to judicial review procedures in the Member State of registration. The decisions by the supervisory authority and where applicable judicial jurisdiction, should be taken promptly. To enable the public to know that the registered entity has complied with the registration requirement established by this Directive where a restriction of publication is granted, the data field in the national register should be replaced by a mention indicating that the publication has been limited on grounds of legitimate interest. | (47) To ensure the protection of individuals that may be exposed by the publication of specific information to a violation of their fundamental rights, such as retaliations against individuals working for a registered entity operating in a third country, Member States should ensure that supervisory authorities are able, upon request, to restrict the publication of whole or part of the information entered in the national register. The registered entity should demonstrate that, taking into account all the relevant circumstances of the individual cases, publication should be restricted due to legitimate interests such as a risk that the publication would expose an individual to a violation of their fundamental rights in particular as protected by Articles 1 (Right to human dignity), 2 (Right to life), 3 (Right to the integrity of the person), 4 (Prohibition of torture and inhuman or degrading treatment or punishment) or 6 (Right to liberty and security of the Charter, such as kidnapping, blackmail, extortion, harassment, violence or intimidation), or such as trade secrets. The analysis should take into account risks to the physical integrity of employees, or any individuals working for or affiliated to a registered entity. Legitimate interests should also cover risks to individuals that benefit from the activities of the registered entity. Any decision by the supervisory authority should take into account the objectives of this Directive and should be subject to judicial review procedures in the Member State of registration. The decisions by the supervisory authority and where applicable judicial jurisdiction, should be taken promptly. To enable the public to know that the registered entity has complied with the registration requirement established by this Directive where a restriction of publication is granted, the data field in the national register should be replaced by a mention indicating that the publication has been limited on grounds of legitimate interest. |
Or. en
Amendment 184
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 48
| Text proposed by the Commission | Amendment |
| (48) To support the identification by public officials of interest representation activities carried out on behalf of third countries, registered entities and their subcontractors should provide the EIRN in their direct contacts with such persons. The EIRN should be presented proactively in each contact with public officials. | (48) To support the identification by public officials of interest representation activities carried out, registered entities and their subcontractors should provide the EIRN in their direct contacts with such persons. The EIRN should be presented proactively in each contact with public officials. |
Or. en
Amendment 185
Alex Agius Saliba, José Cepeda
Proposal for a directive
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. 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. |
Or. en
Amendment 186
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 51
| Text proposed by the Commission | Amendment |
| (51) Where a third country spends particularly large amounts on interest representation, or where an entity receives particularly large amounts of remuneration from one or several third country entities, there is heightened likelihood that the interest representation activities carried out would successfully influence the political choices of a Member State or of the Union as a whole. In such cases, supervisory authorities should be able to request additional information from entities carrying out interest representation activities carried out on behalf of such third countries in order to exercise greater scrutiny. | (51) Where an entity spends particularly large amounts on interest representation, or where an entity receives particularly large amounts of remuneration from one or several entities, there is heightened likelihood that the interest representation activities carried out would successfully influence the political choices of a Member State or of the Union as a whole. In such cases, supervisory authorities should be able to request additional information from entities carrying out interest representation activities carried out on behalf of such entity in order to exercise greater scrutiny. |
Or. en
Amendment 187
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 52
| Text proposed by the Commission | Amendment |
| (52) To ensure a proportionate oversight of this Directive, supervisory authorities should be able to ask an entity carrying out interest representation activities on behalf of third country entities to provide the records necessary to investigate possible non-compliance with the registration requirement set out in this Directive. For that purpose, supervisory authorities should be able to act on their own motion or on the basis of a report by a whistleblower or the supervisory authority of another Member State. | (52) To ensure a proportionate oversight of this Directive, supervisory authorities should be able to ask an entity carrying out interest representation activities to provide the records necessary to investigate possible non-compliance with the registration requirement set out in this Directive. For that purpose, supervisory authorities should be able to act on their own motion or on the basis of a report by a whistleblower or the supervisory authority of another Member State. |
Or. en
Amendment 188
Alex Agius Saliba, José Cepeda
Proposal for a directive
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. 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 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 in their registration. In order to comprehensively monitor the modalities and the features of the interest representation activities 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 189
Arno Bausemer, Petr Bystron
on behalf of the ESN Group
Proposal for a directive
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. | deleted |
Or. de
Amendment 190
Alex Agius Saliba, José Cepeda
Proposal for a directive
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. 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, 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 191
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 58
| Text proposed by the Commission | Amendment |
| (58) The participation, knowingly and intentionally, in activities the object or effect of which is to circumvent obligations in this Directive, notably registration requirements, should be prohibited. Such activities include covert remuneration for a representation service, the setting up of companies with a view to obfuscating links to third country governments, or the artificial distribution of activities across multiple entities with a view to falling short of the thresholds established by this Directive. | (58) The participation, knowingly and intentionally, in activities the object or effect of which is to circumvent obligations in this Directive, notably registration requirements, should be prohibited. Such activities include covert remuneration for a representation service, the setting up of companies with a view to obfuscating links to entities, or the artificial distribution of activities across multiple entities with a view to falling short of the thresholds established by this Directive. |
Or. en
Amendment 192
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 59
| Text proposed by the Commission | Amendment |
| (59) In order to deter non-compliance with the requirements of this Directive and to sanction the same, Member States should ensure that any infringements of the obligations laid down in this Directive are accompanied by effective, proportionate and dissuasive administrative fines. Sanctions should not be criminal in nature. Sanctions should take into account the nature, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, and the economic capacity of the entity carrying out interest representation activities. Sanctions should in each individual case be effective, proportionate and dissuasive, with due respect for fundamental rights including freedom of expression, association, academic freedom and freedom of scientific research, safeguards and access to effective remedies, including the right to be heard. They should follow a prior early warning issued by a supervisory authority, except when such infringement amounts to a violation of the prohibition of circumvention. | (59) In order to deter non-compliance with the requirements of this Directive and to sanction the same, Member States should ensure that any infringements of the obligations laid down in this Directive are accompanied by effective, proportionate and dissuasive administrative fines or the temporary suspension of the registration in the register referred to in Article 9 for a period of time not exceeding 2 years. Sanctions should not be criminal in nature. Sanctions should take into account the nature, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, and the economic capacity of the entity carrying out interest representation activities. Sanctions should in each individual case be effective, proportionate and dissuasive, with due respect for fundamental rights including freedom of expression, association, academic freedom and freedom of scientific research, safeguards and access to effective remedies, including the right to be heard. They should follow a prior early warning issued by a supervisory authority, except when such infringement amounts to a violation of the prohibition of circumvention. |
Or. en
Amendment 193
Arno Bausemer, Petr Bystron
on behalf of the ESN Group
Proposal for a directive
Recital 62
| Text proposed by the Commission | Amendment |
| (62) Since the objectives of this Directive, namely the contribution to the proper functioning of the internal market for interest representation activities, cannot be sufficiently achieved by the Member States and can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. | deleted |
Or. de
Amendment 194
Arno Bausemer, Petr Bystron
on behalf of the ESN Group
Proposal for a directive
Recital 63
| Text proposed by the Commission | Amendment |
| (63) In particular, a Union-level system supports competent national authorities in their oversight functions and other stakeholders to exercise their role in the democratic process and increases the overall resilience of democracies in the Union against interference by third countries. There is an added value from addressing the transparency of interest representation activities carried out on behalf of third countries to influence at Union level, as the likely cross-border nature of such activities requires a coordinated approach across multiple levels and sectors. By collaborating and sharing information, Member States are able to obtain a better understanding of the extent of the phenomenon, which helps to avoid that third countries are able to exploit regulatory differences or loopholes. | deleted |
Or. de
Amendment 195
Alex Agius Saliba, José Cepeda
Proposal for a directive
Recital 63
| Text proposed by the Commission | Amendment |
| (63) In particular, a Union-level system supports competent national authorities in their oversight functions and other stakeholders to exercise their role in the democratic process and increases the overall resilience of democracies in the Union against interference by third countries. There is an added value from addressing the transparency of interest representation activities carried out on behalf of third countries to influence at Union level, as the likely cross-border nature of such activities requires a coordinated approach across multiple levels and sectors. By collaborating and sharing information, Member States are able to obtain a better understanding of the extent of the phenomenon, which helps to avoid that third countries are able to exploit regulatory differences or loopholes. | (63) In particular, a Union-level system supports competent national authorities in their oversight functions and other stakeholders to exercise their role in the democratic process and increases the overall resilience of democracies in the Union against interference. There is an added value from addressing the transparency of interest representation activities carried out to influence at Union level, as the likely cross-border nature of such activities requires a coordinated approach across multiple levels and sectors. By collaborating and sharing information, Member States are able to obtain a better understanding of the extent of the phenomenon, which helps to avoid that entities are able to exploit regulatory differences or loopholes. |
Or. en
Amendment 196
Alex Agius Saliba, José Cepeda
Proposal for a directive
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, 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. |
| _________________ | _________________ |
| 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 197
Sandro Gozi
Proposal for a directive
Article 1 – title
| Text proposed by the Commission | Amendment |
| Object and purpose | Subject matter and purpose |
Or. en
Amendment 198
Sandro Gozi
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| This Directive lays down harmonised requirements in relation to economic activities of interest representation carried out on behalf of a third country entity, with a view to improving the functioning of the internal market by achieving a common level of transparency across the Union. | This Directive lays down harmonised requirements in relation to economic activities of interest representation carried out on behalf of a third country sponsor with the objective of influencing the development, formulation and implementation of policies, legislation or public decision-making processes in the Union. |
Or. en
Amendment 199
Kateřina Konečná
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| This Directive lays down harmonised requirements in relation to economic activities of interest representation carried out on behalf of a third country entity, with a view to improving the functioning of the internal market by achieving a common level of transparency across the Union. | This Directive lays down harmonised minimum requirements in relation to economic activities of interest representation carried out on behalf of a third country entity, with a view to improving the functioning of the internal market by achieving a common minimal level of transparency across the Union. |
Or. en
Amendment 200
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| This Directive lays down harmonised requirements in relation to economic activities of interest representation carried out on behalf of a third country entity, with a view to improving the functioning of the internal market by achieving a common level of transparency across the Union. | This Directive lays down harmonised requirements in relation to economic activities of interest representation, with a view to improving the functioning of the internal market by achieving a common level of transparency across the Union. |
Or. en
Amendment 201
Svenja Hahn
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| This Directive lays down harmonised requirements in relation to economic activities of interest representation carried out on behalf of a third country entity, with a view to improving the functioning of the internal market by achieving a common level of transparency across the Union. | This Directive lays down harmonised requirements in relation to economic activities of interest representation, with a view to improving the functioning of the internal market by achieving a common level of transparency across the Union. |
Or. en
Amendment 202
Virginie Joron, Klara Dostalova
Proposal for a directive
Article premier – paragraph 1
| Text proposed by the Commission | Amendment |
| This Directive lays down harmonised requirements in relation to economic activities of interest representation carried out on behalf of a third country entity, with a view to improving the functioning of the internal market by achieving a common level of transparency across the Union. | This Directive lays down harmonised requirements in relation to economic activities of interest representation carried out on behalf of a third country entity, with a view to improving the functioning of the internal market by achieving a minimum level of transparency across the Union. |
Or. fr
Amendment 203
Sandro Gozi
Proposal for a directive
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
| The purpose of this Directive is to achieve that transparency in such a manner as to avoid creating a climate of distrust apt to deter natural or legal persons from Member States or third countries from engaging with or providing financial support to entities carrying out interest representation on behalf of a third country entity. | The purpose of this Directive is to improve the functioning of the internal market for interest representation activities by achieving a high level of transparency and democratic accountability in the Union without creating a climate of distrust prone to deter natural or legal persons from Member States or third countries from engaging with or providing financial support to entities carrying out interest representation activity on behalf of a third country sponsor. |
Or. en
Amendment 204
Virginie Joron, Klara Dostalova
Proposal for a directive
Article premier – paragraph 2
| Text proposed by the Commission | Amendment |
| The purpose of this Directive is to achieve that transparency in such a manner as to avoid creating a climate of distrust apt to deter natural or legal persons from Member States or third countries from engaging with or providing financial support to entities carrying out interest representation on behalf of a third country entity. | The purpose of this Directive is to achieve that transparency in such a manner as to ensure that the entities carrying out interest representation on behalf of a third country entity are clearly identified. |
Or. fr
Amendment 205
Svenja Hahn
Proposal for a directive
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
| The purpose of this Directive is to achieve that transparency in such a manner as to avoid creating a climate of distrust apt to deter natural or legal persons from Member States or third countries from engaging with or providing financial support to entities carrying out interest representation on behalf of a third country entity. | The purpose of this Directive is to achieve that transparency in such a manner as to avoid creating a climate of distrust apt to deter natural or legal persons from engaging with or providing financial support to entities carrying out interest representation. |
Or. en
Amendment 206
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
| The purpose of this Directive is to achieve that transparency in such a manner as to avoid creating a climate of distrust apt to deter natural or legal persons from Member States or third countries from engaging with or providing financial support to entities carrying out interest representation on behalf of a third country entity. | The purpose of this Directive is to achieve that transparency in such a manner as to avoid creating a climate of distrust apt to deter natural or legal persons from engaging with or providing financial support to entities carrying out interest representation. |
Or. en
Amendment 207
Sandro Gozi
Proposal for a directive
Article 1 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| The provisions of this Directive 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 208
Denis Nesci
Proposal for a directive
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 any activity conducted directly or indirectly with the objective of influencing the development, formulation, or implementation of policy or legislation, or public decision-making processes at Union level or within Member States. Such activities may include, but are not limited to, organising or participating in meetings, conferences or events, contributing to or participating in consultations or parliamentary hearings, organising communication or advertising campaigns (including through digital platforms, social media, or influencers), networks and grassroots initiatives, preparation of policy and position papers, legislative amendments, opinion polls, surveys or open letters, or activities conducted in the context of research and education, where these are specifically carried out with that objective. |
Or. en
Amendment 209
Sandro Gozi
Proposal for a directive
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 210
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
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 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, where they are specifically carried out with that objective; |
Or. en
Amendment 211
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
| Text proposed by the Commission | Amendment |
| (3 a) ‘interest representative’ means any natural or legal person, or formal or informal group, association or network, that engages in interest representation activities. |
Or. en
Amendment 212
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 2 – paragraph 1 – point 4 – introductory part
| Text proposed by the Commission | Amendment |
| (4) ‘third country entity’ means: | (4) ‘third party’ means the public or private entity on behalf of which an interest representation activity is carried out; |
Or. en
Amendment 213
Sandro Gozi
Proposal for a directive
Article 2 – paragraph 1 – point 4 – introductory part
| Text proposed by the Commission | Amendment |
| (4) ‘third country entity’ means: | (4) ‘third country sponsor’ means: |
Or. en
Amendment 214
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
| Text proposed by the Commission | Amendment |
| (a) the central government and public authorities at all other levels of a third country, with the exception of members of the European Economic Area; | deleted |
Or. en
Amendment 215
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
| Text proposed by the Commission | Amendment |
| (a) the central government and public authorities at all other levels of a third country, with the exception of members of the European Economic Area; | (a) the central government and public authorities at all other levels of a third country; |
Or. fr
Amendment 216
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point b
| Text proposed by the Commission | Amendment |
| (b) a public or private entity whose actions can be attributed to an entity referred to in point (a), taking into account all relevant circumstances; | deleted |
Or. en
Amendment 217
Sandro Gozi
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point b
| Text proposed by the Commission | Amendment |
| (b) a public or private entity whose actions can be attributed to an entity referred to in point (a), taking into account all relevant circumstances; | (b) a public or private entity whose actions can be attributed to a sponsor referred to in point (a), taking into account all relevant circumstances; |
Or. en
Amendment 218
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 2 – paragraph 1 – point 5
| Text proposed by the Commission | Amendment |
| (5) ‘ancillary activity’ means an activity that supports the provision of an interest representation activity but has no direct influence on its content; | deleted |
Or. fr
Amendment 219
Sandro Gozi
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point a
| Text proposed by the Commission | Amendment |
| (a) the total annual remuneration received from a third country entity for the provision of an interest representation service, consisting, where the remuneration is non-pecuniary, of its estimated value; or | (a) the total annual remuneration received from a third country sponsor for the provision of an interest representation service, consisting, where the remuneration is non-pecuniary, of its estimated value; or |
Or. en
Amendment 220
Svenja Hahn
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point a
| Text proposed by the Commission | Amendment |
| (a) the total annual remuneration received from a third country entity for the provision of an interest representation service, consisting, where the remuneration is non-pecuniary, of its estimated value; or | (a) the total annual remuneration received for the provision of an interest representation service, consisting, where the remuneration is non-pecuniary, of its estimated value; or |
Or. en
Amendment 221
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point a
| Text proposed by the Commission | Amendment |
| (a) the total annual remuneration received from a third country entity for the provision of an interest representation service, consisting, where the remuneration is non-pecuniary, of its estimated value; or | (a) the total annual remuneration received from a third party for the provision of an interest representation service, consisting, where the remuneration is non-pecuniary, of its estimated value; or |
Or. en
Amendment 222
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point b
| Text proposed by the Commission | Amendment |
| (b) where no remuneration is received, the estimate of the annual costs related to the interest representation activity carried out; | (b) where no remuneration is received, the estimate of the annual costs related to the interest representation activities carried out when they surpass the threshold of 25.0000 euros; the estimate of annual costs shall cover a full year of operations and refer to the most recent financial year closed, as of the date of registration or the date of the annual update of the registration details |
Or. en
Amendment 223
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
| Text proposed by the Commission | Amendment |
| (7 a) ‘client’ means any interest representative that has entered into a contractual relationship with an intermediary for the purpose of that intermediary advancing that interest representative’s interests by carrying out activities covered by the Directive; |
Or. en
Amendment 224
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)
| Text proposed by the Commission | Amendment |
| (7 b) ‘intermediary’ means any interest representative that advances the interests of a client by carrying out activities covered by the Directive; |
Or. en
Amendment 225
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 2 – paragraph 1 – point 8
| Text proposed by the Commission | Amendment |
| (8) ‘registered entities’ means entities registered in a national register as referred to in Article 9 pursuant to Article 10; | (8) ‘registered entities’ means entities registered in one or more national registers as referred to in Article 9 pursuant to Article 10; |
Or. fr
Amendment 226
Sandro Gozi
Proposal for a directive
Article 2 – paragraph 1 – point 9
| Text proposed by the Commission | Amendment |
| (9) ‘authority responsible for the national register’ means the public authority or body responsible for maintaining a national register as referred to in Article 9 and processing registrations submitted pursuant to this Directive; | (9) ‘authority responsible for the national register’ means the independent public authority or body responsible for maintaining a national register as referred to in Article 9 and processing registrations submitted pursuant to this Directive; |
Or. en
Amendment 227
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 2 – paragraph 1 – point 9
| Text proposed by the Commission | Amendment |
| (9) ‘authority responsible for the national register’ means the public authority or body responsible for maintaining a national register as referred to in Article 9 and processing registrations submitted pursuant to this Directive; | (9) ‘authority responsible for the national register’ means the independent public authority or body responsible for maintaining a national register as referred to in Article 9 and processing registrations submitted pursuant to this Directive; |
Or. en
Amendment 228
Svenja Hahn
Proposal for a directive
Article 3 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) an interest representation service provided to a third country entity; | (a) an interest representation service provided to any public or private entity; |
Or. en
Amendment 229
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 3 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) an interest representation service provided to a third country entity; | (a) an interest representation service provided to any public or private entity; |
Or. en
Amendment 230
Sandro Gozi
Proposal for a directive
Article 3 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) an interest representation service provided to a third country entity; | (a) an interest representation service provided to a third country sponsor; |
Or. en
Amendment 231
Svenja Hahn
Proposal for a directive
Article 3 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) an interest representation activity carried out by a third country entity referred to in Article 2(4), point (b), that is linked to or substitutes activities of an economic nature and is thus comparable to an interest representation service as referred to in point (a) of this paragraph. | (b) an interest representation activity carried out by interest representatives, with the objective of influencing the decision-making processes or the formulation or implementation of policy or legislation; |
Or. en
Amendment 232
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 3 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) an interest representation activity carried out by a third country entity referred to in Article 2(4), point (b), that is linked to or substitutes activities of an economic nature and is thus comparable to an interest representation service as referred to in point (a) of this paragraph. | (b) interest representation activities carried out by interest representatives, with the objective of influencing the formulation or implementation of policy or legislation, or the decision-making processes. |
Or. en
Amendment 233
Sandro Gozi
Proposal for a directive
Article 3 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) an interest representation activity carried out by a third country entity referred to in Article 2(4), point (b), that is linked to or substitutes activities of an economic nature and is thus comparable to an interest representation service as referred to in point (a) of this paragraph. | (b) an interest representation activity carried out by a third country sponsor referred to in Article 2(4), point (b), that is linked to or substitutes activities of an economic nature and is thus comparable to an interest representation service as referred to in point (a) of this paragraph. |
Or. en
Amendment 234
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 3 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) activities carried out directly by a third country entity referred to in Article 2(4), point (a), that are connected with the exercise of official authority, including activities related to the exercise of diplomatic or consular relations between States or international organisations; | (a) activities carried out directly by the central government and public authorities at all other levels of a country, that are connected with the exercise of official authority, including activities related to the exercise of diplomatic or consular relations between States or international organisations; |
Or. en
Amendment 235
Sandro Gozi
Proposal for a directive
Article 3 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) activities carried out directly by a third country entity referred to in Article 2(4), point (a), that are connected with the exercise of official authority, including activities related to the exercise of diplomatic or consular relations between States or international organisations; | (a) activities carried out directly by a third country sponsor referred to in Article 2(4), point (a), that are connected with the exercise of official authority, including activities related to the exercise of diplomatic or consular relations between States or international organisations; |
Or. en
Amendment 236
Sandro Gozi
Proposal for a directive
Article 3 – paragraph 2 – point b – point i
| Text proposed by the Commission | Amendment |
| (i) advice to a third country entity to help it ensure that its activities comply with existing legal requirements; | (i) advice to a third country sponsor to help it ensure that its activities comply with existing legal requirements; |
Or. en
Amendment 237
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 3 – paragraph 2 – point b – point i
| Text proposed by the Commission | Amendment |
| (i) advice to a third country entity to help it ensure that its activities comply with existing legal requirements; | (i) advice to a third party to help it ensure that its activities comply with existing legal requirements; |
Or. en
Amendment 238
Sandro Gozi
Proposal for a directive
Article 3 – paragraph 2 – point b – point ii
| Text proposed by the Commission | Amendment |
| (ii) representation of third country entities in the context of a conciliation or mediation procedure aimed at preventing a dispute from being brought before, or adjudicated on by, a judicial or administrative body; | (ii) representation of third country sponsors in the context of a conciliation or mediation procedure aimed at preventing a dispute from being brought before, or adjudicated on by, a judicial or administrative body; |
Or. en
Amendment 239
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 3 – paragraph 2 – point b – point ii
| Text proposed by the Commission | Amendment |
| (ii) representation of third country entities in the context of a conciliation or mediation procedure aimed at preventing a dispute from being brought before, or adjudicated on by, a judicial or administrative body; | (ii) representation of third parties in the context of a conciliation or mediation procedure aimed at preventing a dispute from being brought before, or adjudicated on by, a judicial or administrative body; |
Or. en
Amendment 240
Sandro Gozi
Proposal for a directive
Article 3 – paragraph 2 – point b – point iii
| Text proposed by the Commission | Amendment |
| (iii) representation of third country entities in legal proceedings; | (iii) representation of third country sponsors in legal proceedings; |
Or. en
Amendment 241
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 3 – paragraph 2 – point b – point iii
| Text proposed by the Commission | Amendment |
| (iii) representation of third country entities in legal proceedings; | (iii) representation of third parties in legal proceedings; |
Or. en
Amendment 242
Virginie Joron
Proposal for a directive
Article 3 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
| (c) ancillary activities. | deleted |
Or. fr
Amendment 243
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 3 – paragraph 2 – point c a (new)
| Text proposed by the Commission | Amendment |
| (c a) Activities from entities that spent an aggregate annual amount for all activities falling within the scope of this Directive that is inferior to EUR 25 000 in the preceding financial year. |
Or. en
Amendment 244
Virginie Joron, Klara Dostalova, Filip Turek
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall not maintain or introduce, for interest representation activities falling within the scope of this Directive, provisions diverging from those laid down in this Directive, including more, or less, stringent provisions to ensure a different level of transparency of those activities. | This Directive shall be without prejudice to the right of Member States to adopt or maintain more stringent provisions to ensure a higher level of transparency of those activities. |
Or. fr
Justification
The national regimes of some Member States are stricter than required by the directive and those standards should be respected.
Amendment 245
Alex Agius Saliba
on behalf of the S&D Group
Katarina Barley, José Cepeda
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall not maintain or introduce, for interest representation activities falling within the scope of this Directive, provisions diverging from those laid down in this Directive, including more, or less, stringent provisions to ensure a different level of transparency of those activities. | Member States shall not maintain or introduce less stringent provisions, for interest representation activities falling within the scope of this Directive. When transposing and implementing this Directive, they shall have due regard to the Charter of Fundamental Rights of the European Union, particularly the freedom of association and expression, and international human rights standards. |
Or. en
Justification
Member States should be able to maintain and introduce higher transparency standards in a non-discriminatory way, while safeguarding fundamental rights.
Amendment 246
Svenja Hahn
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall not maintain or introduce, for interest representation activities falling within the scope of this Directive, provisions diverging from those laid down in this Directive, including more, or less, stringent provisions to ensure a different level of transparency of those activities. | Member States shall not maintain or introduce less stringent provisions, for interest representation activities falling within the scope of this Directive. When transposing and implementing this Directive, they shall have due regard to the Charter of Fundamental Rights of the European Union, particularly the freedom of association and expression, and international human rights standards. |
Or. en
Amendment 247
Kateřina Konečná
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall not maintain or introduce, for interest representation activities falling within the scope of this Directive, provisions diverging from those laid down in this Directive, including more, or less, stringent provisions to ensure a different level of transparency of those activities. | Member States shall not maintain or introduce, for interest representation activities falling within the scope of this Directive, less stringent provisions from those laid down in this Directive. |
Or. en
Amendment 248
Sandro Gozi
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall not maintain or introduce, for interest representation activities falling within the scope of this Directive, provisions diverging from those laid down in this Directive, including more, or less, stringent provisions to ensure a different level of transparency of those activities. | Member States shall not maintain or introduce, for interest representation activities falling within the scope of this Directive, provisions diverging from those laid down in this Directive, including more, or less, stringent provisions to ensure a different level of transparency of those activities unless otherwise provided for in this Directive. |
Or. en
Amendment 249
Svenja Hahn
Proposal for a directive
Article 5
| Text proposed by the Commission | Amendment |
| Article 5 | deleted |
| Identification of the recipient of the service | |
| Member States shall ensure that interest representation service providers have the possibility to require the entity on whose behalf the service is provided to declare whether it is a third country entity. |
Or. en
Amendment 250
Sandro Gozi
Proposal for a directive
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall ensure that interest representation service providers have the possibility to require the entity on whose behalf the service is provided to declare whether it is a third country entity. | Member States shall ensure that interest representation service providers have the possibility to require the sponsor on whose behalf the service is provided to declare whether it is a third country sponsor. |
Or. en
Amendment 251
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall ensure that interest representation service providers have the possibility to require the entity on whose behalf the service is provided to declare whether it is a third country entity. | Member States shall ensure that interest representation service providers have the possibility to require the entity on whose behalf the service is provided to declare this. |
Or. en
Amendment 252
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 7 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. Member States shall ensure that entities referred to in Article 3(1) keep, for each interest representation activity that falls within the scope of that Article, records of the following: | 1. Member States shall ensure that entities referred to in Article 3(1) keep, for each interest representation activity that falls within the scope of that Article, records of at least the following: |
Or. fr
Amendment 253
Sandro Gozi
Proposal for a directive
Article 7 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) the identity or name of the third country entity on whose behalf the activity is carried out, as well as the name of the third country whose interests are represented; | (a) the identity or name of the third country sponsor on whose behalf the activity is carried out, as well as the name of the third country whose interests are represented; |
Or. en
Amendment 254
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 7 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) the identity or name of the third country entity on whose behalf the activity is carried out, as well as the name of the third country whose interests are represented; | (a) the identity or name of the entity on whose behalf the activity is carried out, as well as the name of the entity whose interests are represented; |
Or. en
Amendment 255
Svenja Hahn
Proposal for a directive
Article 7 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) the identity or name of the third country entity on whose behalf the activity is carried out, as well as the name of the third country whose interests are represented; | (a) the identity or name of the entity on whose behalf the activity is carried out, as well as the name of the third country whose interests are represented; |
Or. en
Amendment 256
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 7 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) a description of the purpose of the interest representation activity; | (b) a description of the purpose of the interest representation activity and the aim of that activity; |
Or. fr
Amendment 257
Sandro Gozi
Proposal for a directive
Article 7 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) a description of the purpose of the interest representation activity; | (b) the purpose of the interest representation activity; |
Or. en
Amendment 258
Svenja Hahn
Proposal for a directive
Article 7 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) contracts and key exchanges with the third country entity essential to understand the nature and purpose of the interest representation activity, including, where applicable, the records of the means and extent of any remuneration; | deleted |
Or. en
Amendment 259
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 7 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) contracts and key exchanges with the third country entity essential to understand the nature and purpose of the interest representation activity, including, where applicable, the records of the means and extent of any remuneration; | (c) contracts and key exchanges with the entity whose interests are represented essential to understand the nature and purpose of the interest representation activity, including, where applicable, the records of the means and extent of any remuneration; |
Or. en
Amendment 260
Sandro Gozi
Proposal for a directive
Article 7 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) contracts and key exchanges with the third country entity essential to understand the nature and purpose of the interest representation activity, including, where applicable, the records of the means and extent of any remuneration; | (c) contracts and key exchanges with the third country sponsor essential to understand the nature and purpose of the interest representation activity, including, where applicable, the records of the means and extent of any remuneration; |
Or. en
Amendment 261
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 7 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) information or material constituting a key component of the interest representation activity. | deleted |
Or. en
Amendment 262
Denis Nesci
Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
| (d a) identification and roles of any subcontractors or third parties substantially involved in carrying out the interest representation activities. |
Or. en
Amendment 263
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
| (d a) the annual amount contracted per client, when acting as an intermediary; |
Or. en
Amendment 264
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 7 – paragraph 1 – point d b (new)
| Text proposed by the Commission | Amendment |
| (d b) the annual amount spent, when promoting their own interests or the collective of their members. |
Or. en
Amendment 265
Arno Bausemer, Petr Bystron
on behalf of the ESN Group
Proposal for a directive
Article 7 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Member States shall ensure that entities referred to in Article 3(1) keep the records referred to in paragraph 1 for 4 years after the interest representation activity in question has ceased. | deleted |
Or. de
Amendment 266
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 7 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Member States shall ensure that entities referred to in Article 3(1) keep the records referred to in paragraph 1 for 4 years after the interest representation activity in question has ceased. | 2. Member States shall ensure that entities referred to in Article 3(1) keep the records referred to in paragraph 1 for at least 4 years after the interest representation activity in question has ceased. |
Or. fr
Amendment 267
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 7 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
| 3. Member States shall ensure that entities referred to in Article 3(1) draw up, on an annual basis, the following: | 3. Member States shall ensure that entities referred to in Article 3(1) draw up, on a quarterly basis, the following: |
Or. fr
Amendment 268
Sandro Gozi
Proposal for a directive
Article 7 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) a list of all third country entities on whose behalf they have carried out interest representation activities in the preceding financial year; | (a) a list of all third country sponsors on whose behalf they have carried out interest representation activities in the preceding financial year; |
Or. en
Amendment 269
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 7 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) a list of all third country entities on whose behalf they have carried out interest representation activities in the preceding financial year; | (a) a list of all third parties on whose behalf they have carried out interest representation activities in the preceding financial year; |
Or. en
Amendment 270
Svenja Hahn
Proposal for a directive
Article 7 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) a list of all third country entities on whose behalf they have carried out interest representation activities in the preceding financial year; | (a) a list of all entities on whose behalf they have carried out interest representation activities in the preceding financial year; |
Or. en
Amendment 271
Svenja Hahn
Proposal for a directive
Article 7 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) a list of the aggregated annual amount received in respect of the activities that fall within the scope of Article 3(1) in the preceding financial year per third country. | (b) a list of the aggregated annual amount received in respect of the activities that fall within the scope of Article 3(1) in the preceding financial year. |
Or. en
Amendment 272
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 7 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) a list of the aggregated annual amount received in respect of the activities that fall within the scope of Article 3(1) in the preceding financial year per third country. | (b) a list of the aggregated annual amount received in respect of the activities that fall within the scope of Article 3(1) in the preceding financial year. |
Or. en
Amendment 273
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 7 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Member States shall ensure that entities referred to in Article 3(1) keep records of the information referred to in paragraph 3 for 4 years. | 4. Member States shall ensure that entities referred to in Article 3(1) keep records of the information referred to in paragraph 3 for at least 4 years. |
Or. fr
Amendment 274
Arno Bausemer, Petr Bystron
on behalf of the ESN Group
Proposal for a directive
Article 9
| Text proposed by the Commission | Amendment |
| Article 9 | deleted |
| National registers | |
| 1. Each Member State shall set up and maintain one or several national registers for the purpose of ensuring transparency of interest representation activities carried out by entities referred to in Article 3(1). Member States may make use of existing national registers where they meet the requirements set out in paragraphs 2, 3 and 4 of this Article and in Article 10, Article 11 and Article 12. | |
| 2. The national register or, as relevant, registers shall be maintained by authorities responsible for the national registers. For the processing of personal data, such authorities shall act as controllers within the meaning of Article 4, point (7) of Regulation (EU) 2016/679. | |
| 3. Member States shall ensure that the national registers referred to in paragraph 1 are set up and maintained in such a way as to ensure a neutral, factual and objective presentation of the information contained therein. | |
| 4. Member States shall ensure that the authorities responsible for the national registers maintain logs of personal data processing operations within the national register. Those logs shall be deleted after a period of 1 year and may be used only for monitoring the lawfulness of access to personal data and for ensuring integrity and security of such data. |
Or. de
Amendment 275
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Each Member State shall set up and maintain one or several national registers for the purpose of ensuring transparency of interest representation activities carried out by entities referred to in Article 3(1). Member States may make use of existing national registers where they meet the requirements set out in paragraphs 2, 3 and 4 of this Article and in Article 10, Article 11 and Article 12. | 1. Each Member State shall set up and maintain one or several national registers for the purpose of ensuring transparency of interest representation activities carried out by entities referred to in Article 3(1). Member States may make use of existing national registers where they meet the requirements set out in paragraphs 2, 3 and 4 of this Article and in Article 10, Article 11 and Article 12. In case of several national registers, Member States ensure clarity in the requirements on which national register a person is to register in, and ensure the interoperability within the national registers in the Member State. |
Or. en
Amendment 276
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Each Member State shall set up and maintain one or several national registers for the purpose of ensuring transparency of interest representation activities carried out by entities referred to in Article 3(1). Member States may make use of existing national registers where they meet the requirements set out in paragraphs 2, 3 and 4 of this Article and in Article 10, Article 11 and Article 12. | 1. Each Member State shall set up and maintain one or several national registers for the purpose of ensuring transparency of interest representation activities carried out by entities referred to in Article 3(1). Member States may make use of existing national registers. |
Or. fr
Amendment 277
Sandro Gozi
Proposal for a directive
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Each Member State shall set up and maintain one or several national registers for the purpose of ensuring transparency of interest representation activities carried out by entities referred to in Article 3(1). Member States may make use of existing national registers where they meet the requirements set out in paragraphs 2, 3 and 4 of this Article and in Article 10, Article 11 and Article 12. | 1. Each Member State shall set up and maintain one or several national registers for the purpose of ensuring transparency of interest representation activities carried out by entities referred to in Article 3(1). Member States may make use of existing national registers where they meet the requirements set out in paragraphs 2, 3, 4 and 4a of this Article and in Article 10, Article 11 and Article 12. |
Or. en
Amendment 278
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The national register or, as relevant, registers shall be maintained by authorities responsible for the national registers. For the processing of personal data, such authorities shall act as controllers within the meaning of Article 4, point (7) of Regulation (EU) 2016/679. | 2. The national register or, as relevant, registers shall be maintained by independent authorities responsible for the national registers. For the processing of personal data, such authorities shall act as controllers within the meaning of Article 4, point (7) of Regulation (EU) 2016/679. |
Or. en
Amendment 279
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 9 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Member States shall ensure that the authorities responsible for the national registers maintain logs of personal data processing operations within the national register. Those logs shall be deleted after a period of 1 year and may be used only for monitoring the lawfulness of access to personal data and for ensuring integrity and security of such data. | 4. Member States shall ensure that the independent authorities responsible for the national registers maintain logs of personal data processing operations within the national register. Those logs shall be deleted after a period of 1 year and may be used only for monitoring the lawfulness of access to personal data and for ensuring integrity and security of such data. |
Or. en
Amendment 280
Sandro Gozi
Proposal for a directive
Article 9 a (new)
| Text proposed by the Commission | Amendment |
| Article9a | |
| Single Digital Gateway | |
| 1. By [one year from the date of entry into force of this Directive], the Commission shall, adopt a delegated act in accordance with Article 23 to supplement this Directive by establishing a centralised system for the interconnection of national registers referred to in Article 9. | |
| 2. That system shall be connected to the national registers and to the single digital gateway, as established under Regulation (EU) 2018/1724. That web portal shall serve as a central public electronic access point to information in the system. |
Or. en
Amendment 281
Denis Nesci
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Member States shall ensure that an entity referred to in Article 3(1) established in their territory registers in a national register at the latest when the interest representation activities are commenced. | Member States shall ensure that each entity referred to in Article 3(1) established in their territory registers in a national register no later than the undertaking of interest representation activities |
Or. en
Amendment 282
Virginie Joron, Klara Dostalova
Proposal for a directive
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) operates in one or more Member States, it shall register in all the Member States in which it operates. |
Or. fr
Justification
We intend to remove the EIRN and give Member States more leeway to guarantee real transparency.
Amendment 283
Virginie Joron, Klara Dostalova
Proposal for a directive
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. | deleted |
Or. fr
Amendment 284
Virginie Joron, Klara Dostalova
Proposal for a directive
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 shall ensure that, for the purpose of registration, an entity is required to submit at least the information set out in Annex I. |
Or. fr
Amendment 285
Denis Nesci
Proposal for a directive
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 shall ensure that, for the purpose of registration, an entity is required to submit at least the information set out in Annex I. |
Or. en
Amendment 286
Sandro Gozi
Proposal for a directive
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 shall ensure that, for the purpose of registration, an entity is required to submit at least the information set out in Annex I. |
Or. en
Amendment 287
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 10 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Member States shall ensure that before submitting the information pursuant to paragraph 4, entities are informed that the information will be published in accordance with Article 12 and that they may request not to have the information published in accordance with Article 12(3). | 5. Member States shall ensure that before submitting the information pursuant to paragraph 4, entities are informed that the information will be published in accordance with Article 12. |
Or. fr
Amendment 288
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 10 – paragraph 6 – point a
| Text proposed by the Commission | Amendment |
| (a) within a reasonable period of time, changes or additions to the data provided pursuant to Annex I, point 1, points (a), (b), (f)(i) and (f)(ii); | (a) within a reasonable period of time, changes or additions to the data provided pursuant to Annex I, point 1; |
Or. fr
Amendment 289
Sandro Gozi
Proposal for a directive
Article 10 – paragraph 6 – point a
| Text proposed by the Commission | Amendment |
| (a) within a reasonable period of time, changes or additions to the data provided pursuant to Annex I, point 1, points (a), (b), (f)(i) and (f)(ii); | (a) within undue delay, changes or additions to the data provided pursuant to Annex I, point 1, points (a), (b), (f)(i) and (f)(ii); |
Or. en
Amendment 290
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Member States shall ensure that registered entities that no longer qualify as entities referred to in Article 3(1) are able to notify that fact to the authority responsible for the relevant national register in which they are registered and ask to be removed from that register. When an entity referred to in Article 3(1) is required, pursuant to paragraphs 2 or 3, to register in a national register other than the one in which it is registered, it shall notify that fact to the authority responsible for the relevant national register and ask to be removed from that register. | Member States shall ensure that registered entities that no longer qualify as entities referred to in Article 3(1) are able to notify that fact to the authority responsible for the relevant national register in which they are registered and ask to be removed from that register. |
Or. fr
Amendment 291
Virginie Joron
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 2
| Text proposed by the Commission | Amendment |
| That authority shall process the request within 5 working days and remove the registered entity from the national register if it considers that the entity no longer qualifies as an entity referred to in Article 3(1) or, as the case may be, should no longer be registered in the register for which it is responsible. The decision of the authority responsible for the relevant national register shall be subject to administrative and judicial redress in the Member State of registration. | That authority shall process the request within a reasonable period of time and remove the registered entity from the national register if it considers that the entity no longer qualifies as an entity referred to in Article 3(1) or, as the case may be, should no longer be registered in the register for which it is responsible. The decision of the authority responsible for the relevant national register shall be subject to administrative and judicial redress. |
Or. fr
Amendment 292
Sandro Gozi
Proposal for a directive
Article 10 – paragraph 8 a (new)
| Text proposed by the Commission | Amendment |
| 8 a. Member States may require the entities referred to in Article 3(1) to submit additional information to the information referred to in Annex I, point 1 for the purposes of registration, where such request is proportionate and justified by public interest objectives; |
Or. en
Amendment 293
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 10 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. Where necessary to ensure that the information provided for the purposes of registration continues to allow the authorities responsible for the national registers to correctly and precisely identify the third countries on whose behalf interest representation is being carried out and how much is being spent on those activities, the Commission is empowered to adopt delegated acts in accordance with Article 23 to amend Annex I by modifying the list of information to be provided for the purpose of registration in the light of developments in the market for interest representation services, opinions, recommendations and reports issued by the advisory group established pursuant to Article 19, or, where available, relevant international and European standards and practices. Personal data fields set out in Annex I shall be modified only where necessary to ensure a proper identification of the entities and the interest representation activities referred to in Article 3(1). | 9. Where necessary to ensure that the information provided for the purposes of registration continues to allow the authorities responsible for the national registers to correctly and precisely identify the third countries on whose behalf interest representation is being carried out and how much is being spent on those activities, the Commission is empowered to adopt opinions, recommendations and reports issued by the advisory group established pursuant to Article 19. |
Or. fr
Amendment 294
Svenja Hahn
Proposal for a directive
Article 10 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. Where necessary to ensure that the information provided for the purposes of registration continues to allow the authorities responsible for the national registers to correctly and precisely identify the third countries on whose behalf interest representation is being carried out and how much is being spent on those activities, the Commission is empowered to adopt delegated acts in accordance with Article 23 to amend Annex I by modifying the list of information to be provided for the purpose of registration in the light of developments in the market for interest representation services, opinions, recommendations and reports issued by the advisory group established pursuant to Article 19, or, where available, relevant international and European standards and practices. Personal data fields set out in Annex I shall be modified only where necessary to ensure a proper identification of the entities and the interest representation activities referred to in Article 3(1). | 9. Where necessary to ensure that the information provided for the purposes of registration continues to allow the authorities responsible for the national registers to correctly and precisely identify the entities on whose behalf interest representation is being carried out and how much is being spent on those activities, the Commission is empowered to adopt delegated acts in accordance with Article 23 to amend Annex I by modifying the list of information to be provided for the purpose of registration in the light of developments in the market for interest representation services, opinions, recommendations and reports issued by the advisory group established pursuant to Article 19, or, where available, relevant international and European standards and practices. Personal data fields set out in Annex I shall be modified only where necessary to ensure a proper identification of the entities and the interest representation activities referred to in Article 3(1). |
Or. en
Amendment 295
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 10 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. Where necessary to ensure that the information provided for the purposes of registration continues to allow the authorities responsible for the national registers to correctly and precisely identify the third countries on whose behalf interest representation is being carried out and how much is being spent on those activities, the Commission is empowered to adopt delegated acts in accordance with Article 23 to amend Annex I by modifying the list of information to be provided for the purpose of registration in the light of developments in the market for interest representation services, opinions, recommendations and reports issued by the advisory group established pursuant to Article 19, or, where available, relevant international and European standards and practices. Personal data fields set out in Annex I shall be modified only where necessary to ensure a proper identification of the entities and the interest representation activities referred to in Article 3(1). | 9. Where necessary to ensure that the information provided for the purposes of registration continues to allow the authorities responsible for the national registers to correctly and precisely identify the entity on whose behalf interest representation is being carried out and how much is being spent on those activities, the Commission is empowered to adopt delegated acts in accordance with Article 23 to amend Annex I by modifying the list of information to be provided for the purpose of registration in the light of developments in the market for interest representation services, opinions, recommendations and reports issued by the advisory group established pursuant to Article 19, or, where available, relevant international and European standards and practices. Personal data fields set out in Annex I shall be modified only where necessary to ensure a proper identification of the entities and the interest representation activities referred to in Article 3(1). |
Or. en
Amendment 296
Virginie Joron
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| A corresponding entry shall be included by the authority responsible in its national register within 5 working days from the submission of the registration unless a request pursuant to paragraph 2 has been made. | A corresponding entry shall be included by the authority responsible in its national register within a reasonable period of time from the submission of the registration unless a request pursuant to paragraph 2 has been made. |
Or. fr
Amendment 297
Virginie Joron
Proposal for a directive
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Where the information provided for the purposes of registration is incomplete or contains manifest errors, the authority responsible for the national register shall ask the entity to complete or rectify its submission. Within 5 working days of receiving a response from the entity in question, the authority responsible for the national register shall either include a corresponding entry in its national register, or refuse to make such an entry and inform the entity in question why the submission remains incomplete or contains manifestly incorrect information. | 2. Where the information provided for the purposes of registration is incomplete or contains manifest errors, the authority responsible for the national register shall ask the entity to complete or rectify its submission. Within a reasonable period of time after receiving a response from the entity in question, the authority responsible for the national register shall either include a corresponding entry in its national register, or refuse to make such an entry and inform the entity in question why the submission remains incomplete or contains manifestly incorrect information. |
Or. fr
Amendment 298
Virginie Joron
Proposal for a directive
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Once an entry is included in the national register, the registered entity shall immediately and at the latest within 5 working days receive a confirmation of registration from the authority responsible for the national register and shall be issued with a unique EIRN, and a digital copy of the information included in the national register. The EIRN shall be in the format set out in Annex II. | 3. Once an entry is included in the national register, the registered entity shall immediately or within a reasonable period of time receive a confirmation of registration from the authority responsible for the national register. |
Or. fr
Amendment 299
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 11 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Member States shall ensure that each new registration is notified by the authority responsible for the national register of the Member State of registration to the national authorities designated pursuant to Article 15(1) of the Member States indicated in the registration pursuant to Annex I, point 2(e) immediately and at the latest within 5 working days from the entry in the national register. Such notification shall also take place where, pursuant to Article 10(6), a registered entity submits a change or an addition to the information referred to in Annex I, point 2(e). The notification shall contain the name of the registered entity, its EIRN and a link to the national registers where the registration took place. | deleted |
Or. fr
Amendment 300
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 11 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Member States shall provide that authorities responsible for maintaining the national registers in the Member State receiving the notification referred to in paragraph 4 include, in the relevant register, the information laid down in that notification immediately and at the latest within 5 working days. Information on the registered entity shall not be made public if, in the relevant national register of the Member State of registration, that information is the object of a derogation from publication in accordance with Article 12(3). | deleted |
Or. fr
Amendment 301
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 11 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Registered entities shall not be subject to any further registration requirements in any other Member State for activities falling within the scope of Article 3(1). | deleted |
Or. fr
Amendment 302
Arno Bausemer, Petr Bystron
on behalf of the ESN Group
Proposal for a directive
Article 11 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Registered entities shall not be subject to any further registration requirements in any other Member State for activities falling within the scope of Article 3(1). | deleted |
Or. de
Amendment 303
Kateřina Konečná
Proposal for a directive
Article 11 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Registered entities shall not be subject to any further registration requirements in any other Member State for activities falling within the scope of Article 3(1). | 6. Registered entities shall not automatically be subject to any further registration requirements in any other Member State for activities falling within the scope of Article 3(1). |
Or. en
Amendment 304
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 11 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Acts taken by the authorities responsible for the national registers pursuant to paragraphs 1 to 5, including refusals to make an entry in the register or to issue an EIRN, shall be subject to administrative and judicial redress. This shall also apply to failures to act in accordance with these paragraphs. | 7. Acts taken by the authorities responsible for the national registers pursuant to paragraphs 1 to 3, including refusals to make an entry in the register or to issue an EIRN, shall be subject to administrative and judicial redress. This shall also apply to failures to act in accordance with these paragraphs. |
Or. fr
Amendment 305
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 11 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Where a supervisory authority has reliable information that an entity failed to register pursuant to paragraphs 1 to 3 of Article 10 in a register for which it has jurisdiction pursuant to Article 15(3), it may ask that entity to provide the information strictly necessary to establish whether the entity falls within the scope of Article 3(1). | 8. Where a supervisory authority has reliable information that an entity failed to register pursuant to paragraphs 1 to 3 of Article 10 in a register for which it has jurisdiction pursuant to Article 15(3), it may ask that entity to provide all the information necessary to establish whether the entity falls within the scope of Article 3(1). |
Or. fr
Amendment 306
Sandro Gozi
Proposal for a directive
Article 11 – paragraph 10 – point c
| Text proposed by the Commission | Amendment |
| (c) information on the judicial review procedures available. | (c) information on the administrative or judicial review procedures available. |
Or. en
Amendment 307
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 11 – paragraph 11
| Text proposed by the Commission | Amendment |
| 11. The entity to whom the request is made shall provide, within 10 working days, the information requested pursuant to paragraphs 8 and 9 in a complete and accurate manner. | 11. The entity to whom the request is made shall provide, within 20 working days, the information requested pursuant to paragraphs 8 and 9 in a complete and accurate manner. |
Or. en
Amendment 308
Sandro Gozi
Proposal for a directive
Article 11 – paragraph 12
| Text proposed by the Commission | Amendment |
| 12. The requests referred to in paragraphs 8 and 9 shall be subject to judicial review procedures in the Member State of the supervisory authority which makes the request. | 12. The requests referred to in paragraphs 8 and 9 shall be subject to administrative, or judicial review procedures in the Member State of the supervisory authority which makes the request. |
Or. en
Amendment 309
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) information provided by the registered entity in accordance with Annex I, point 1, points (a), (e), (f)(i), (f)(ii), (h), (i), (j) and (k) and point 2, points (a)(i), and points (b) to (h); | (a) information provided by the registered entity in accordance with Annex I, points 1 and 2; |
Or. fr
Amendment 310
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) information provided by the registered entity in accordance with Annex I, point 1, points (a), (e), (f)(i), (f)(ii), (h), (i), (j) and (k) and point 2, points (a)(i), and points (b) to (h); | (a) information provided by the registered entity in accordance with Annex I, point 1, points (a), (e), (f)(i), (h), (i), (j) and (k) and point 2, points (a)(i), and points (b) to (h); |
Or. en
Amendment 311
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the EIRN issued pursuant to Article 11(3); | deleted |
Or. fr
Amendment 312
Virginie Joron, Klara Dostalova
Proposal for a directive
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 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 uses plain language. |
Or. fr
Amendment 313
Arno Bausemer, Petr Bystron
on behalf of the ESN Group
Proposal for a directive
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 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. |
Or. de
Amendment 314
Virginie Joron, Klara Dostalova
Proposal for a directive
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 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. |
Or. fr
Amendment 315
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
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 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 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. |
Or. en
Amendment 316
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 12 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Member States shall ensure that, from the moment the request pursuant to paragraph 3 is made until the decision has become final, the information to which the request relates is not made public. | deleted |
Or. fr
Amendment 317
Sandro Gozi
Proposal for a directive
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, a report based on the information provided by the entities registered in their national registers. This report shall contain: |
Or. en
Amendment 318
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 13 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) aggregated data on the annual amounts per third country in the preceding financial year. That aggregated data should be based on the information provided pursuant to Annex I, point 2, points (b) and (c); | deleted |
Or. en
Amendment 319
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 13 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) aggregated data on the annual amounts per category of organisation for each third country in the preceding financial year. That aggregated data should be based on the information provided pursuant to Annex I, point 1, point (h) and point 2, point (b) and (c); | (b) aggregated data on the annual amounts per category of organisation for each third party in the preceding financial year. That aggregated data should be based on the information provided pursuant to Annex I, point 1, point (h); |
Or. en
Amendment 320
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 13 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) total number of third country entities that can be attributed to a specific third country. That aggregated data should be based on the information provided pursuant to Annex I, point 2, point (b); | (c) total number of entities that can be attributed to a specific economic sector and category reported in accordance with Annex I point 1 (h); |
Or. en
Amendment 321
Sandro Gozi
Proposal for a directive
Article 13 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) total number of third country entities that can be attributed to a specific third country. That aggregated data should be based on the information provided pursuant to Annex I, point 2, point (b); | (c) total number of third country sponsors that can be attributed to a specific third country. That aggregated data should be based on the information provided pursuant to Annex I, point 2, point (b); |
Or. en
Amendment 322
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 13 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) a list of the third countries that fulfil the criteria set out in Article 16(3), point (b)(ii). | (d) a list of the entities that fulfil the criteria set out in Article 16(3), point (b)(ii). |
Or. en
Amendment 323
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 13 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. On the basis of the data transmitted by the Member States pursuant to paragraph 1, the Commission shall, by 31 May of each year, publish a summary of the data received and list the third countries that fulfil the criteria laid down in Article 16(3), point (b)(i). | 2. On the basis of the data transmitted by the Member States pursuant to paragraph 1, the Commission shall, by 31 May of each year, publish a summary of the data received. |
Or. fr
Amendment 324
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 13 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. On the basis of the data transmitted by the Member States pursuant to paragraph 1, the Commission shall, by 31 May of each year, publish a summary of the data received and list the third countries that fulfil the criteria laid down in Article 16(3), point (b)(i). | 2. On the basis of the data transmitted by the Member States pursuant to paragraph 1, the Commission shall, by 31 May of each year, publish a summary of the data received and list the entities that fulfil the criteria laid down in Article 16(3), point (b)(i). |
Or. en
Amendment 325
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 13 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Where necessary to ensure that the information provided in the reports published by Member States continues to provide the public with aggregate data necessary to understand the scope, scale and means of interest activities carried out by entities falling within the scope of Article 3(1), and to ensure that the list of third countries that fulfil the criteria laid down in Article 16(3), point (b), can be established, the Commission is empowered to adopt delegated acts in accordance with Article 23 to amend paragraph 1 by modifying the list of information to be included in the reports published by Member States in the light of developments in the market for interest representation services, opinions, recommendations, and reports issued by the advisory group established pursuant to Article 19, or, where available, relevant international standards and practices. | deleted |
Or. fr
Amendment 326
Arno Bausemer, Petr Bystron
on behalf of the ESN Group
Proposal for a directive
Article 13 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Where necessary to ensure that the information provided in the reports published by Member States continues to provide the public with aggregate data necessary to understand the scope, scale and means of interest activities carried out by entities falling within the scope of Article 3(1), and to ensure that the list of third countries that fulfil the criteria laid down in Article 16(3), point (b), can be established, the Commission is empowered to adopt delegated acts in accordance with Article 23 to amend paragraph 1 by modifying the list of information to be included in the reports published by Member States in the light of developments in the market for interest representation services, opinions, recommendations, and reports issued by the advisory group established pursuant to Article 19, or, where available, relevant international standards and practices. | deleted |
Or. de
Amendment 327
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 13 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Where necessary to ensure that the information provided in the reports published by Member States continues to provide the public with aggregate data necessary to understand the scope, scale and means of interest activities carried out by entities falling within the scope of Article 3(1), and to ensure that the list of third countries that fulfil the criteria laid down in Article 16(3), point (b), can be established, the Commission is empowered to adopt delegated acts in accordance with Article 23 to amend paragraph 1 by modifying the list of information to be included in the reports published by Member States in the light of developments in the market for interest representation services, opinions, recommendations, and reports issued by the advisory group established pursuant to Article 19, or, where available, relevant international standards and practices. | 3. Where necessary to ensure that the information provided in the reports published by Member States continues to provide the public with aggregate data necessary to understand the scope, scale and means of interest activities carried out by entities falling within the scope of Article 3(1), and to ensure that the list of entities that fulfil the criteria laid down in Article 16(3), point (b), can be established, the Commission is empowered to adopt delegated acts in accordance with Article 23 to amend paragraph 1 by modifying the list of information to be included in the reports published by Member States in the light of developments in the market for interest representation services, opinions, recommendations, and reports issued by the advisory group established pursuant to Article 19, or, where available, relevant international standards and practices. |
Or. en
Amendment 328
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 15 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. Each Member State shall designate: | 1. Each Member State shall designate an authority responsible for the national registers and a supervisory authority. The two may be combined into a single national authority. |
Or. fr
Amendment 329
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 15 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) one or more authorities responsible for the national registers; | deleted |
Or. fr
Amendment 330
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 15 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) one or more authorities responsible for the national registers; | (a) one or more independent authorities responsible for the national registers; |
Or. en
Amendment 331
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 15 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) one or more supervisory authorities. | deleted |
Or. fr
Amendment 332
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 15 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) one or more supervisory authorities. | (b) one or more independent supervisory authorities. |
Or. en
Amendment 333
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 15 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1 a. Member States shall ensure that independent supervisory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular consumer protection, accessibility, non-discrimination, the proper functioning of the internal market. Supervisory authorities shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. |
Or. en
Amendment 334
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 15 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3 a. Member States shall ensure that the competences and powers of the independent supervisory authorities are clearly defined in law. |
Or. en
Amendment 335
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 15 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
| 3 b. Member States shall ensure that independent supervisory authorities have adequate financial and human resources and enforcement powers to carry out their functions effectively and to contribute to the work of the Advisory Group. |
Or. en
Amendment 336
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 15 – paragraph 3 c (new)
| Text proposed by the Commission | Amendment |
| 3 c. Member States shall lay down in their national law the conditions and the procedures for the appointment and dismissal of the heads of independent supervisory authorities and or the members of the collegiate body fulfilling that function, including the duration of the mandate. The procedures shall be transparent, non-discriminatory and guarantee the requisite degree of independence. The head of an independent supervisory authority or the members of the collegiate body fulfilling that function within an independent supervisory authority or body may be dismissed if they no longer fulfil the conditions required for the performance of their duties, which are laid down in advance at national level. A dismissal decision shall be duly justified, subject to prior notification and made available to the public. |
Or. en
Amendment 337
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 15 – paragraph 6 – introductory part
| Text proposed by the Commission | Amendment |
| 6. Member States shall ensure that the supervisory authority is independent in the exercise of its functions. In particular, Member States shall ensure that the staff in supervisory authorities acting in the exercise of their powers pursuant to this Directive: | 6. Member States shall ensure that the supervisory authority is independent in the exercise of its functions. |
Or. fr
Amendment 338
Sandro Gozi
Proposal for a directive
Article 15 – paragraph 6 – introductory part
| Text proposed by the Commission | Amendment |
| 6. Member States shall ensure that the supervisory authority is independent in the exercise of its functions. In particular, Member States shall ensure that the staff in supervisory authorities acting in the exercise of their powers pursuant to this Directive: | 6. Member States shall ensure that the national authorities designated pursuant to paragraph 1 are independent in the exercise of their functions and operative tasks. In particular, Member States shall ensure that the staff in these authorities acting in the exercise of their powers pursuant to this Directive: |
Or. en
Amendment 339
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 15 – paragraph 6 – point a
| Text proposed by the Commission | Amendment |
| (a) are able to perform their duties independently, free from political and other external influence, and neither seek nor take instructions from government or any other public or private entity; | deleted |
Or. fr
Amendment 340
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 15 – paragraph 6 – point b
| Text proposed by the Commission | Amendment |
| (b) refrain from taking any action which is incompatible with the performance of their duties and the exercise of their powers under this Directive. | deleted |
Or. fr
Amendment 341
Sandro Gozi
Proposal for a directive
Article 15 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Member States shall ensure that the national authorities designated pursuant to paragraph 1 have all necessary means to carry out the tasks assigned to them under this Directive, including sufficient technical, financial and human resources. | 7. Member States shall ensure that the national authorities designated pursuant to paragraph 1 have all necessary means to carry out the tasks assigned to them under this Directive, including sufficient technical, financial and human resources, as well as expertise, including expertise on detecting and addressing risks to fundamental rights, in particular risks to the freedom of assembly and association. |
Or. en
Amendment 342
Sandro Gozi
Proposal for a directive
Article 15 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7 a. Where Member States apply additional requirements for registration to the minimum requirements provided for in this Directive, Member States shall ensure that national competent authorities, designated pursuant to paragraph 1, have the power to request an entity referred to in Article 3(1), carrying out interest representation services on behalf of third countries in their territory and registered in another Member State, to provide the additional information required for the registration of entities in their national register, in accordance with Article 10(8a). |
Or. en
Amendment 343
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 15 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States shall ensure that, in carrying out the tasks assigned to them under this Directive, the national authorities designated pursuant to paragraph 1 ensure that no adverse consequences, such as stigmatisation, arise from the mere fact that an entity is a registered entity or has been subject to a request pursuant to Article 16(3). | deleted |
Or. fr
Amendment 344
Sandro Gozi
Proposal for a directive
Article 15 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States shall ensure that, in carrying out the tasks assigned to them under this Directive, the national authorities designated pursuant to paragraph 1 ensure that no adverse consequences, such as stigmatisation, arise from the mere fact that an entity is a registered entity or has been subject to a request pursuant to Article 16(3). | 8. Member States shall ensure that, in carrying out the tasks assigned to them under this Directive, the national authorities designated pursuant to paragraph 1 act in a non-discriminatory manner and ensure that the registration of entities in accordance of the provisions of this Directive or them being subject to a request pursuant to Article 16(3) does not lead to any adverse consequences, such as stigmatisation. |
Or. en
Amendment 345
Arno Bausemer, Petr Bystron
on behalf of the ESN Group
Proposal for a directive
Article 15 – paragraph 10
| Text proposed by the Commission | Amendment |
| 10. By [one year after the entry into force], Member States shall notify the Commission and the other Member States of the competent national authorities designated pursuant to paragraph 1. The Commission shall publish a list of the competent national authorities. | deleted |
Or. de
Amendment 346
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 16 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall ensure that the power of supervisory authorities to request entities referred to in Article 3(1) to provide information is limited by the conditions laid down in paragraphs 2 to 9 of this Article. | 1. Member States shall ensure that the power of supervisory authorities to request entities referred to in Article 3(1) to provide information is proportionate and appropriate. |
Or. fr
Justification
The aim is to give national authorities effective investigatory power.
Amendment 347
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 16 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Except in cases referred to in Article 11(8) and (9), a request can only be made in the following cases and must be limited to the records kept in accordance with Article 7: | deleted |
| (a) the registered entity received an annual amount that exceeds EUR 1 000 000 for a single third country entity in the preceding financial year; | |
| (b) the actions of the third country entity on whose behalf the registered entity is acting are attributable to a third country that has spent, in one of the five preceding financial years, and taking into account all third country entities whose actions can be attributed to this third country, an aggregate annual amount that exceeds either of the following: | |
| the actions of the third country entity on whose behalf the registered entity is acting are attributable to a third country that has spent, in one of the five preceding financial years, and taking into account all third country entities whose actions can be attributed to this third country, an aggregate annual amount that exceeds either of the following: | |
| (i) EUR 8 500 000 on interest representation activities in the Union; | |
| (ii) EUR 1 500 000 on interest representation activities in a single Member State; | |
| unless the registered entity falls within the scope of Article 3(1), point (a), and received an aggregate annual amount for all activities falling within the scope of this Directive that is inferior to EUR 25 000 in the preceding financial year. |
Or. fr
Justification
The mechanism is too complex and not functional.
Amendment 348
Sandro Gozi
Proposal for a directive
Article 16 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) the registered entity received an annual amount that exceeds EUR 1 000 000 for a single third country entity in the preceding financial year; | (a) the registered entity received an annual amount that exceeds EUR 1 000 000 for a single third country sponsor in the preceding financial year; |
Or. en
Amendment 349
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 16 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) the registered entity received an annual amount that exceeds EUR 1 000 000 for a single third country entity in the preceding financial year; | (a) the registered entity received an annual amount that exceeds EUR 1 000 000 for a single entity in the preceding financial year; |
Or. en
Amendment 350
Svenja Hahn
Proposal for a directive
Article 16 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) the registered entity received an annual amount that exceeds EUR 1 000 000 for a single third country entity in the preceding financial year; | (a) the registered entity received an annual amount that exceeds EUR 1 000 000 for a single entity in the preceding financial year; |
Or. en
Amendment 351
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 16 – paragraph 3 – point b – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| the actions of the third country entity on whose behalf the registered entity is acting are attributable to a third country that has spent, in one of the five preceding financial years, and taking into account all third country entities whose actions can be attributed to this third country, an aggregate annual amount that exceeds either of the following: | the actions of the entity on whose behalf the registered entity has spent, in one of the five preceding financial years, and taking into account all entities whose actions can be attributed to this entity, an aggregate annual amount that exceeds either of the following: |
Or. en
Amendment 352
Svenja Hahn
Proposal for a directive
Article 16 – paragraph 3 – point b – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| the actions of the third country entity on whose behalf the registered entity is acting are attributable to a third country that has spent, in one of the five preceding financial years, and taking into account all third country entities whose actions can be attributed to this third country, an aggregate annual amount that exceeds either of the following: | the actions of the entity on whose behalf the registered entity is acting has spent, in one of the five preceding financial years, and taking into account all entities whose actions can be attributed to this entity, an aggregate annual amount that exceeds either of the following: |
Or. en
Amendment 353
Sandro Gozi
Proposal for a directive
Article 16 – paragraph 3 – point b – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| the actions of the third country entity on whose behalf the registered entity is acting are attributable to a third country that has spent, in one of the five preceding financial years, and taking into account all third country entities whose actions can be attributed to this third country, an aggregate annual amount that exceeds either of the following: | the actions of the third country sponsor on whose behalf the registered entity is acting are attributable to a third country that has spent, in one of the five preceding financial years, and taking into account all third country sponsors whose actions can be attributed to this third country, an aggregate annual amount that exceeds either of the following: |
Or. en
Amendment 354
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 16 – paragraph 3 – point b – paragraph 2
| Text proposed by the Commission | Amendment |
| unless the registered entity falls within the scope of Article 3(1), point (a), and received an aggregate annual amount for all activities falling within the scope of this Directive that is inferior to EUR 25 000 in the preceding financial year. | unless the registered entity falls within the scope of Article 3(1), and spent an aggregate annual amount for all activities falling within the scope of this Directive that is inferior to EUR 25 000 in the preceding financial year. |
Or. en
Amendment 355
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 16 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. The request referred to in paragraph 3 shall contain the following elements: | deleted |
| (a) a statement indicating which one of the conditions set out in paragraph 3 is fulfilled; | |
| (b) the records requested; | |
| (c) information on the judicial review procedures available. |
Or. fr
Amendment 356
Sandro Gozi
Proposal for a directive
Article 16 – paragraph 4 – point c
| Text proposed by the Commission | Amendment |
| (c) information on the judicial review procedures available. | (c) information on the administrative or judicial review procedures available. |
Or. en
Amendment 357
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 16 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Where a supervisory authority other than the supervisory authority of the Member State of registration considers that any of the conditions set out in paragraph 3 are met, it may ask the supervisory authority of the Member State of registration to request records kept in accordance with Article 7 from the registered entity. | deleted |
Or. fr
Amendment 358
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 16 – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
| 5 a. In the event of a disagreement between the requesting supervisory authority and the requested authority regarding actions taken pursuant to paragraph 5, either authority may refer the matter to the advisory group for mediation in view of finding an amicable solution. |
Or. en
Amendment 359
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 16 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Upon receipt of a request pursuant to paragraph 5 and if it considers that the conditions laid down in paragraphs 3 are met, the supervisory authority of the Member State of registration shall make a request in accordance with paragraph 3 and transmit the information received to the requesting supervisory authority. If the supervisory authority of the Member State of registration has, within the previous 12 months, made a request in accordance with paragraph 3 covering the same information from the same registered entity, it shall transmit the information to the requesting supervisory authority without having to make a new request. | deleted |
| If the supervisory authority of the Member State of registration considers that the conditions laid down in paragraph 3 are not met, it shall provide the requesting supervisory authority with a reply explaining the reasons for not requesting or transmitting the information in question. |
Or. fr
Amendment 360
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 16 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. The entity to whom the request is made shall provide, within 10 working days, the complete information requested pursuant to point (b) of paragraph 4 in a clear, coherent and intelligible format. | deleted |
Or. fr
Amendment 361
Sandro Gozi
Proposal for a directive
Article 16 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. The requests referred to in paragraph 3 shall be subject to judicial review procedures in the Member State of the supervisory authority which makes the request. | 8. The requests referred to in paragraph 3 shall be subject to administrative or judicial review procedures in the Member State of the supervisory authority which makes the request. |
Or. en
Amendment 362
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 16 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. Where necessary to ensure that supervisory authorities may request records from entities that are particularly likely to influence the development, formulation or implementation of policy or legislation, or public decision-making processes, in the Union or a Member State, the Commission is empowered to adopt delegated acts in accordance with Article 23 to amend the financial thresholds set out in paragraph 3 in the light of developments in the market for interest representation activities, or of opinions, recommendations or reports issued by the advisory group established pursuant to Article 19, or, where available, developments of the relevant international standards and practices. | deleted |
Or. fr
Amendment 363
Maria Grapini
Proposal for a directive
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 and exchange information with the supervisory authorities of all other Member States as necessary. |
Or. ro
Amendment 364
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
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. |
Or. en
Amendment 365
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
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. | deleted |
Or. fr
Amendment 366
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 17 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. A notification pursuant to paragraph 2 shall be duly reasoned and proportionate and at least indicate: | deleted |
| (a) the information allowing the identification of the entity; | |
| (b) a description of the relevant facts, the relevant provisions of this Directive and the reasons why the notifying authority suspects an infringement of this Directive; | |
| The notification may include any other information that the notifying authority considers relevant, including, where appropriate, information gathered on its own initiative. |
Or. fr
Amendment 367
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 17 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Member States shall ensure that where a supervisory authority receives a notification pursuant to paragraph 2, it shall, without undue delay and no later than 1 month following receipt of the notification, communicate its assessment of the suspected infringement to the supervisory authority from whom the notification was received and, where appropriate, provide further information on the investigatory or enforcement measures taken, or envisaged, in accordance with Article 11(8) or (9) and Article 22 in order to ensure compliance with this Directive. | deleted |
Or. fr
Amendment 368
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 17 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Where the supervisory authority of the main establishment does not have sufficient information to act upon a notification referred to in paragraph 2, it may request additional information from the competent authority that made the notification. | deleted |
Or. fr
Amendment 369
Maria Grapini
Proposal for a directive
Article 17 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Where the supervisory authority of the main establishment does not have sufficient information to act upon a notification referred to in paragraph 2, it may request additional information from the competent authority that made the notification. | 5. Where the supervisory authority of the main establishment does not have sufficient information to act upon a notification referred to in paragraph 2, it should request additional information from the competent authority that made the notification. |
Or. ro
Amendment 370
Virginie Joron, Klara Dostalova
Proposal for a directive
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 16(1) and (2) and Article 18 of this Directive, shall be implemented through the IMI system established by Regulation (EU) No 1024/2012. |
Or. fr
Amendment 371
Virginie Joron, Klara Dostalova
Proposal for a directive
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, where such information is necessary for the purpose of exercising cross-border cooperation as referred to in Article 17: |
Or. fr
Amendment 372
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 18 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Member States shall ensure that upon receipt of a request pursuant to paragraph 1, the supervisory authority of the Member State of registration shall transmit the information to the requesting supervisory authority, unless it considers that the requirements of paragraph 1 are not met, in which case it shall provide the requesting supervisory authority with a reply explaining the reasons for not providing the information in question. | 2. Member States shall ensure that upon receipt of a request pursuant to paragraph 1, the supervisory authority of the Member State concerned shall transmit the information to the requesting supervisory authority, unless it considers that the requirements of paragraph 1 are not met, in which case it shall provide the requesting supervisory authority with a reply explaining the reasons for not providing the information in question. |
Or. fr
Amendment 373
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 18 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States shall ensure that the supervisory authorities provide the Commission, on its request, with aggregate data based on the information provided by registered entities in accordance with Article 10(4) for the purpose of monitoring the implementation of this Directive, including for the preparation of meetings of the advisory group referred to in Article 19. Such aggregate data may contain personal data only to the extent that is necessary to ensure effective monitoring. Where technically possible, the information shall be transmitted in a machine-readable format. | deleted |
Or. fr
Amendment 374
Maria Grapini
Proposal for a directive
Article 18 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States shall ensure that the supervisory authorities provide the Commission, on its request, with aggregate data based on the information provided by registered entities in accordance with Article 10(4) for the purpose of monitoring the implementation of this Directive, including for the preparation of meetings of the advisory group referred to in Article 19. Such aggregate data may contain personal data only to the extent that is necessary to ensure effective monitoring. Where technically possible, the information shall be transmitted in a machine-readable format. | 3. Member States shall ensure that the supervisory authorities provide the Commission, at its justified request, with aggregate data based on the information provided by registered entities in accordance with Article 10(4) for the purpose of monitoring the implementation of this Directive, including for the preparation of meetings of the advisory group referred to in Article 19. Such aggregate data may contain personal data only to the extent that is necessary to ensure effective monitoring. Where technically possible, the information shall be transmitted in a machine-readable format. |
Or. ro
Amendment 375
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 18 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. When processing personal data pursuant to paragraphs 1 to 3, the supervisory authorities shall act as controllers within the meaning of Article 4, point 7 of Regulation (EU) 2016/679, and the Commission shall act as a controller within the meaning of Article 3, point 8 of Regulation (EU) 2018/1725 with respect to their own data processing activities. | 4. When processing personal data pursuant to paragraphs 1 and 2, the supervisory authorities shall act as controllers within the meaning of Article 4, point 7 of Regulation (EU) 2016/679, and the Commission shall act as a controller within the meaning of Article 3, point 8 of Regulation (EU) 2018/1725 with respect to their own data processing activities. |
Or. fr
Amendment 376
Arno Bausemer, Petr Bystron
on behalf of the ESN Group
Proposal for a directive
Article 19
| Text proposed by the Commission | Amendment |
| Article 19 | deleted |
| Advisory group | |
| 1. An advisory group is established. | |
| 2. The advisory group shall assist the Commission in the following tasks: | |
| (a) facilitate exchanges and sharing of information and best practices as well as advise on possible guidance on the implementation of this Directive in particular regarding Article 2(4), point (b), Article 3(1) and Article 20; | |
| (b) facilitate exchanges and sharing of information and best practices on the specific needs of micro, small and medium-sized enterprises within the meaning of Article 3 of Directive 2013/34/EU; | |
| (c) advise on recommended formats for the publication of aggregated data pursuant to Article 13; | |
| (d) report to the Commission any divergences in the application of this Directive; | |
| (e) advise on the recommended technical infrastructure of the national registers set up and maintained pursuant to Article 9. | |
| 3. Each Member State shall nominate one representative and one alternate representative, who shall represent the supervisory authorities designated pursuant to Article 15. | |
| 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. | |
| 5. The Commission shall chair the advisory group and provide its secretariat. The advisory group shall adopt its rules of procedure. | |
| 6. The advisory group shall adopt its opinions, recommendations or reports in the context of its tasks set out in paragraph 2 by a simple majority of its members. | |
| _________________ | |
| 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). |
Or. de
Amendment 377
Maria Grapini
Proposal for a directive
Article 19 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. An advisory group is established. | 1. An advisory group of Member State experts representing the supervisory authorities is established. |
Or. ro
Amendment 378
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 19 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
| (b) facilitate exchanges and sharing of information and best practices on the specific needs of micro, small and medium-sized enterprises within the meaning of Article 3 of Directive 2013/34/EU; | (b) facilitate exchanges and sharing of information and best practices on the specific needs of the entities covered by this Directive, including civil society organisations and of micro, small and medium-sized enterprises within the meaning of Article 3 of Directive 2013/34/EU; |
Or. en
Amendment 379
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 19 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
| (d) report to the Commission any divergences in the application of this Directive; | deleted |
Or. fr
Amendment 380
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 19 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2 a. The advisory group shall, upon request of the Commission or at least one of the concerned authorities, draw up opinions with respect to national measures which are likely to affect the functioning of the internal market for interest representation, in particular those taken by national authorities with respect to Article 9(3), Article 12(3), Article 15(1), (2), (6) and (8), and Article 16(6) of this Directive. |
Or. en
Amendment 381
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
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 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. The advisory group may annually invite civil society as part of an open and structured dialogue on the implementation of the Directive. |
| _________________ | _________________ |
| 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). |
Or. en
Amendment 382
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 19 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4 a. The advisory group shall, upon request of at least one of the concerned authorities, mediate in the case of disagreements between national authorities, in accordance with Article 16(6) of this Directive. |
Or. en
Amendment 383
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Member States shall lay down rules on sanctions, limited to administrative fines, for infringements of national provisions adopted to transpose Article 6, Article 7, Article 8, Article 10, Article 11, Article 14, Article 16 and Article 20 by entities referred to in Article 3(1) or where appropriate, their legal representative. Those rules shall comply with paragraphs 2 to 6. | Member States shall lay down rules on sanctions, limited to the temporary suspension of the registration in the register referred to in Article 9 for a period of time not exceeding 2 years or administrative fines, for infringements of national provisions adopted to transpose Article 6, Article 7, Article 8, Article 10, Article 11, Article 14, Article 16 and Article 20 by entities referred to in Article 3(1) or where appropriate, their legal representative. Those rules shall comply with paragraphs 2 to 6. |
Or. en
Amendment 384
Virginie Joron, Klara Dostalova
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Member States shall lay down rules on sanctions, limited to administrative fines, for infringements of national provisions adopted to transpose Article 6, Article 7, Article 8, Article 10, Article 11, Article 14, Article 16 and Article 20 by entities referred to in Article 3(1) or where appropriate, their legal representative. Those rules shall comply with paragraphs 2 to 6. | Member States shall lay down rules on applicable sanctions, which should be necessary, dissuasive and proportionate and take particular account of the nature, possible recurrence and duration of the infringement to which the measures relate. |
Or. fr
Justification
Member States are given greater flexibility to establish, in particular, criminal sanctions.
Amendment 385
Sandro Gozi
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Member States shall lay down rules on sanctions, limited to administrative fines, for infringements of national provisions adopted to transpose Article 6, Article 7, Article 8, Article 10, Article 11, Article 14, Article 16 and Article 20 by entities referred to in Article 3(1) or where appropriate, their legal representative. Those rules shall comply with paragraphs 2 to 6. | Member States shall lay down rules on sanctions, including administrative fines, for infringements of national provisions adopted to transpose Article 6, Article 7, Article 8, Article 10, Article 11, Article 14, Article 16 and Article 20 by entities referred to in Article 3(1) or where appropriate, their legal representative. |
Or. en
Amendment 386
Sandro Gozi
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| Sanctions shall be imposed by the supervisory authority with jurisdiction over the entity concerned or by a judicial authority at the request of that supervisory authority. | deleted |
Or. en
Amendment 387
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| Sanctions shall be imposed by the supervisory authority with jurisdiction over the entity concerned or by a judicial authority at the request of that supervisory authority. | deleted |
Or. fr
Amendment 388
Sandro Gozi
Proposal for a directive
Article 22 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The maximum amount of the financial sanction referred to paragraph 1 that may be imposed shall be, for undertakings, 1 % of the annual worldwide turnover in the preceding financial year, for other legal entities, 1 % of the annual budget of the entity in accordance with the most recent financial year closed and for natural persons, EUR 1 000. | deleted |
Or. en
Amendment 389
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 22 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The maximum amount of the financial sanction referred to paragraph 1 that may be imposed shall be, for undertakings, 1 % of the annual worldwide turnover in the preceding financial year, for other legal entities, 1 % of the annual budget of the entity in accordance with the most recent financial year closed and for natural persons, EUR 1 000. | deleted |
Or. fr
Amendment 390
Maria Grapini
Proposal for a directive
Article 22 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The maximum amount of the financial sanction referred to paragraph 1 that may be imposed shall be, for undertakings, 1 % of the annual worldwide turnover in the preceding financial year, for other legal entities, 1 % of the annual budget of the entity in accordance with the most recent financial year closed and for natural persons, EUR 1 000. | 2. The maximum amount of the financial sanction referred to paragraph 1 that may be imposed shall be, for undertakings, 1 % of the annual worldwide turnover in the preceding financial year, for other legal entities, 1 % of the annual budget of the entity in accordance with the most recent financial year closed and for natural persons, from a minimum EUR 1 000 up to a potential maximum of EUR 5 000 depending on the seriousness of the infringement. |
Or. ro
Amendment 391
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 22 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The sanctions shall in each individual case be effective, proportionate and dissuasive, having regard, in particular, to the nature, recurrence and duration of the infringement to which those measures relate, as well as, where relevant, the economic, technical and operational capacity of the entity referred to in Article 3(1) that committed the infringement. | deleted |
Or. fr
Amendment 392
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 22 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Before imposing sanctions, the supervisory authority shall issue a warning or a reprimand to the entity concerned to the effect that it is likely to infringe or has infringed provisions of this Directive, except if such infringement amounts to a violation of Article 20. | deleted |
Or. fr
Amendment 393
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 22 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Member States shall ensure that the exercise by the supervisory authority of its powers pursuant to this Article shall be subject to appropriate safeguards in accordance with Union and Member State legislation, including the right to an effective judicial remedy and to a fair trial. | deleted |
Or. fr
Amendment 394
Virginie Joron, Filip Turek, Klara Dostalova
Proposal for a directive
Article 23
| Text proposed by the Commission | Amendment |
| Article 23 | deleted |
| Exercise of the delegation | |
| 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. | |
| 2. The power to adopt delegated acts referred to in Article 10(9), Article 13(3) and Article 16(9) shall be conferred on the Commission for an indeterminate period from [the date of entry into force of the Directive]. | |
| 3. The delegation of power referred to in Article 10(9), Article 13(3) and Article 16(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | |
| 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. | |
| 5. As soon as it adopts a delegated act, the Commission shall notify that act simultaneously to the European Parliament and to the Council. | |
| 6. A delegated act adopted pursuant to Article 10(9), Article 13(3) and Article 16(9) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Or. fr
Amendment 395
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 23 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The power to adopt delegated acts referred to in Article 10(9), Article 13(3) and Article 16(9) shall be conferred on the Commission for an indeterminate period from [the date of entry into force of the Directive]. | 2. The power to adopt delegated acts referred to in Article 10(9), Article 13(3) and Article 16(9) shall be conferred on the Commission for a period of 3 years from [the date of entry into force of the Directive]. |
Or. en
Amendment 396
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Article 24 – paragraph 1 – point 2
Directive (EU) 2019/1937
article 2(1)
| Text proposed by the Commission | Amendment |
| Directive (EU) XXXX/XXXX of the European Parliament and of the Council of XXXX establishing harmonised requirements in the internal market on transparency of interest representation carried out on behalf of third countries and amending Directive (EU) 2019/1937 (OJ reference).. | Directive (EU) XXXX/XXXX of the European Parliament and of the Council of XXXX establishing harmonised requirements in the internal market on transparency of interest representation carried out on behalf of third parties and amending Directive (EU) 2019/1937 (OJ reference).. |
Or. en
Amendment 397
Sandro Gozi
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 2
| Text proposed by the Commission | Amendment |
| That evaluation shall assess the effectiveness and proportionality of the Directive. It shall assess among others the need for changes to the scope and the effectiveness of the safeguards provided in the Directive. It may, where appropriate, be accompanied by relevant legislative proposals. | That evaluation shall assess the effectiveness and proportionality of the Directive. It shall assess among others the need for changes to the scope and the effectiveness of the safeguards provided in the Directive, especially the ones to tackle risks to fundamental rights and to avoid any form of stigmatisation. It may, where appropriate, be accompanied by relevant legislative proposals. |
Or. en
Amendment 398
Svenja Hahn
Proposal for a directive
Annex I – point 1 – point f
| Text proposed by the Commission | Amendment |
| (f) if it is established outside the Union, the following information regarding its designated legal representative: | deleted |
| (i) name; | |
| (ii) address; | |
| (iii) phone number; | |
| (iv) e-mail address; | |
| (v) as relevant, the registration number of the legal representative in a business register or a comparable identifying code; |
Or. en
Amendment 399
Sandro Gozi
Proposal for a directive
Annex I – point 2 – point a – introductory part
| Text proposed by the Commission | Amendment |
| (a) the following information on each of the third country entities on whose behalf the entity carries out the interest representation activity; | (a) the following information on each of the third country sponsors on whose behalf the entity carries out the interest representation activity; |
Or. en
Amendment 400
Svenja Hahn
Proposal for a directive
Annex I – point 2 – point a – introductory part
| Text proposed by the Commission | Amendment |
| (a) the following information on each of the third country entities on whose behalf the entity carries out the interest representation activity; | (a) the following information on each of the third parties on whose behalf the entity carries out the interest representation activity; |
Or. en
Amendment 401
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Annex I – point 2 – point a – introductory part
| Text proposed by the Commission | Amendment |
| (a) the following information on each of the third country entities on whose behalf the entity carries out the interest representation activity; | (a) the following information on each of the entities on whose behalf the entity carries out the interest representation activity; |
Or. en
Amendment 402
Sandro Gozi
Proposal for a directive
Annex I – point 2 – point a – point ii
| Text proposed by the Commission | Amendment |
| (ii) the address at which the third country entity carries on business or, for natural persons, the address at which they ordinarily reside; | (ii) the address at which the third country sponsor carries on business or, for natural persons, the address at which they ordinarily reside; |
Or. en
Amendment 403
Svenja Hahn
Proposal for a directive
Annex I – point 2 – point a – point ii
| Text proposed by the Commission | Amendment |
| (ii) the address at which the third country entity carries on business or, for natural persons, the address at which they ordinarily reside; | (ii) the address at which the third party carries on business or, for natural persons, the address at which they ordinarily reside; |
Or. en
Amendment 404
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Annex I – point 2 – point a – point ii
| Text proposed by the Commission | Amendment |
| (ii) the address at which the third country entity carries on business or, for natural persons, the address at which they ordinarily reside; | (ii) the address at which the entity carries on business or, for natural persons, the address at which they ordinarily reside; |
Or. en
Amendment 405
Svenja Hahn
Proposal for a directive
Annex I – point 2 – point a – point iii
| Text proposed by the Commission | Amendment |
| (iii) a description of the entity’s main goals, remit and field of interest; | (iii) a description of the third party’s main goals, remit and field of interest; |
Or. en
Amendment 406
Svenja Hahn
Proposal for a directive
Annex I – point 2 – point a – point iv
| Text proposed by the Commission | Amendment |
| (iv) where available, the registration number of the third country entity in a business register or a comparable identifying code; | (iv) where available, the registration number of the third party in a business register or a comparable identifying code; |
Or. en
Amendment 407
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Annex I – point 2 – point a – point iv
| Text proposed by the Commission | Amendment |
| (iv) where available, the registration number of the third country entity in a business register or a comparable identifying code; | (iv) where available, the registration number of the entity in a business register or a comparable identifying code; |
Or. en
Amendment 408
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Annex I – point 2 – point b
| Text proposed by the Commission | Amendment |
| (b) the third country on whose behalf the third country entity is acting; | deleted |
Or. en
Amendment 409
Svenja Hahn
Proposal for a directive
Annex I – point 2 – point b
| Text proposed by the Commission | Amendment |
| (b) the third country on whose behalf the third country entity is acting; | (b) where applicable, the country on whose behalf the third party is acting; |
Or. en
Amendment 410
Sandro Gozi
Proposal for a directive
Annex I – point 2 – point b
| Text proposed by the Commission | Amendment |
| (b) the third country on whose behalf the third country entity is acting; | (b) the third country on whose behalf the third country sponsor is acting; |
Or. en
Amendment 411
Alex Agius Saliba
on behalf of the S&D Group
Elisabeth Grossmann, Brando Benifei, Laura Ballarín Cereza, José Cepeda
Proposal for a directive
Annex I – point 2 – point c – introductory part
| Text proposed by the Commission | Amendment |
| (c) the annual amounts covering all the tasks carried out with the objective of influencing the development, formulation or implementation of the same proposal, policy or initiative indicated pursuant to point (g), according to the grid below, for a full year of operations referring to the most recent financial year closed, as of the date of registration or the date of the annual update of the registration details; | (c) The total annual remuneration received from the third party for the provision of interest representation services, or, in case where the remuneration is in kind, the value of such remuneration and its nature, or in case of country entities directly carrying out interest representation activities, or, when no remuneration is received, the annual amounts covering all the tasks carried out with the objective of influencing the development, formulation or implementation of the same proposal, policy or initiative indicated pursuant to point (g). The reporting shall be done for a full year of operations referring to the most recent financial year closed, as of the date of registration or the date of the annual update of the registration details; |
Or. en
Amendment 412
Alex Agius Saliba
on behalf of the S&D Group
Laura Ballarín Cereza, Elisabeth Grossmann, Brando Benifei, José Cepeda
Proposal for a directive
Annex I – point 2 – point h
| Text proposed by the Commission | Amendment |
| (h) Member States may provide that entities registering in their national register submit information on the public officials contacted. | deleted |
Or. en