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DRAFT REPORT (COM(2023)0637 – C90464/2023 – 2023/0463(COD))

On the 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

IMCO-PR-770287

Committee on the Internal Market and Consumer Protection · Rapporteur: Adina Vălean

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This draft report sets out Parliament's amended version of the proposed directive on transparency of interest representation on behalf of third countries. It defines interest representation as providing information, knowledge or expertise in policy or law-making, and requires registration in national registers before such activities begin. It introduces a central public access portal to interconnect national registers, allows Member States to keep additional registration requirements if justified, and requires supervisory authorities to prevent stigmatisation of registered entities. Sanctions must be effective, proportionate and dissuasive, with a prior warning except for circumvention. The Commission's power to adopt delegated acts is limited to five years, extendable.

Committee position. The rapporteur proposes amendments to the Commission proposal, redefining key terms, adding a central portal, and adjusting registration and sanction provisions.

Key points

  1. Defines 'interest representation activity' as providing information, knowledge or expertise in the context of policy or legislation development, excluding research and education under academic freedom.
  2. Replaces 'third country entity' with 'third country sponsor' throughout, covering entities whose actions can be attributed to a third country.
  3. Excludes media services and audiovisual media services from scope, and clarifies that legal advice and representation are excluded.
  4. Requires registration before carrying out interest representation activities, with updates without delay for certain data, and allows Member States to require additional information if justified.
  5. Establishes a central public access portal for interconnecting national registers, with a delegated act setting technical specifications.
  6. Allows derogation from publication of information on grounds of fundamental rights risks, either on request or ex officio, subject to review.
  7. Requires annual reports from Member States to the Commission, including aggregated data and analysis of cross-border activities.
  8. Allows supervisory authorities to request additional information when annual amounts exceed EUR 1 000 000 from a single third country sponsor.
  9. Requires keeping records of contracts and annual lists for 4 years after activity ceases.
  10. Mandates cooperation between supervisory authorities and with the Commission, using the IMI system for information exchange.
  11. Sanctions must be effective, proportionate and dissuasive, with prior warning except for circumvention; Member States set rules.
  12. Delegated acts are conferred for five years, extendable, with a three-month objection period.

Who is affected

  • Entities carrying out interest representation on behalf of third country sponsors in the EU must register before starting activities.
  • Subcontractors informed of the third country sponsor are exempt from registration and record-keeping obligations.
  • Supervisory authorities in Member States gain powers to request information and must prevent stigmatisation.
  • The Commission is tasked with establishing a central portal and receiving aggregate data.

Figures and deadlines

  • EUR 1 000 000 threshold for additional information requests from a single third country sponsor.
  • 4 years record-keeping after activity ceases.
  • 5 working days to receive confirmation of registration.
  • 5 years for delegated acts, extendable.
  • 3 months objection period for delegated acts.

Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union