Sittings · Document
DRAFT OPINION (COM(2023)0637 – C90464/2023 – 2023/0463(COD)) 2025-02-20
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
Committee on Legal Affairs · Rapporteur: Pascale Piera
SHORT JUSTIFICATION
This proposal for a directive relates to a fundamental challenge, since representation of foreign interests must not hinder the principle of democracy – one of the values on which the Union is founded, as stated in Article 2 TEU.
The purpose of the directive is therefore essential for a number of reasons: to restore the credibility of the institutions, rebuild trust between the public and its representatives and to promote greater transparency in decision-making processes. The rapporteur for opinion welcomes the European Commission’s initiative and hopes that harmonisation can be achieved as quickly as possible under the best possible conditions for Member States.
The rapporteur for opinion notes, however, that the proposal for a directive has raised concerns in both the Council and the IMCO Committee. Those reservations focus on three aspects: non-governmental organisations’ fears they will be stigmatised, the difficulties associated with a strictly economic approach to the mechanism; and the risk of lowering standards in some Member States.
To overcome those challenges, the rapporteur for opinion has tabled amendments in order to, inter alia:
change the degree of harmonisation provided for in Article 4 so that Member States that have stricter requirements do not have to lower the standards in their national systems, so the principle of subsidiarity is not affected;
remove the unique European Interest Representation Number (EIRN) system so that each entity operating within a Member State registers in that Member State;
step up national authorities’ investigatory powers to prevent the risk of entities that do not intend to comply with the requirements laid down in the directive circumventing the rules;
simplify the sanctions provided for in Article 22 by allowing Member States to establish criminal sanctions.
AMENDMENTS
The Committee on Legal Affairs submits the following to the Committee on the Internal Market and Consumer Protection, as the committee responsible:
Amendment 1
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 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 2
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 ensure that the entities carrying out interest representation on behalf of a third country entity are clearly identified. |
Or. fr
Amendment 3
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 4
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 5
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 6
Proposal for a directive
Article 3 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
| (c) ancillary activities. | deleted |
Or. fr
Amendment 7
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 8
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 9
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 interest representation activity and the aim of that activity; |
Or. fr
Amendment 10
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 11
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 12
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 13
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 14
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 that Member State or those Member States. |
Or. fr
Justification
We intend to remove the EIRN and give Member States more leeway to guarantee real transparency.
Amendment 15
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 16
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 17
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 18
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 19
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 20
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 21
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 22
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 23
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 24
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 25
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 26
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 27
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 28
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 29
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 30
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 31
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 32
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 33
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 34
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 35
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 36
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 37
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 38
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 39
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 40
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 41
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 42
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 43
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 44
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 45
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: | |
| (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 46
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 47
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 48
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 49
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 50
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 51
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 52
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 53
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 54
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 55
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 56
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 57
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 58
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 59
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 60
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 61
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 62
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 63
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 64
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 65
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 66
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 67
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
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion declares that she has received input from the following entities or persons in the preparation of the draft opinion:
| Entity and/or person |
| Haute Autorité pour la Transparence de la Vie Publique (HATVP) |
| European Commission DG JUST, Unit “Democracy, Union Citizenship and Free Movement” (JUST.C.4) |
The list above is drawn up under the exclusive responsibility of the rapporteur for opinion.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for the opinion declares that she has submitted to the natural persons concerned the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.