Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) No 1024/2012 and (EU) 2018/1724 as regards certain requirements laid down by Directive (EU) XXXX/XXXX

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Strasbourg, 12.12.2023

COM(2023) 636 final

2023/0462(COD)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) No 1024/2012 and (EU) 2018/1724 as regards certain requirements laid down by Directive (EU) XXXX/XXXX (Text with EEA relevance)

{SWD(2023) 663-664 final}{SEC(2023) 637 final}

EXPLANATORY MEMORANDUM

This proposal accompanies the Commission’s proposal for a Directive establishing harmonised requirements in the internal market on transparency of interest representation carried out on behalf of third countries ¹ with a view to improving the functioning of the internal market by achieving a common level of transparency across the Union.

The proposed Directive would require Member States to set up and maintain national registers for the purpose of ensuring transparency of interest representation activities carried out by entities, as well as to designate authorities responsible for these registers. In addition, the proposed Directive would require Member States to designate supervisory authorities having the responsibility to supervise the compliance with and enforcing the obligations set out in the proposed Directive, as well as to exchange information with the supervisory authorities in other Member States and the Commission, where authorised to do so under the proposed Directive.

The administrative cooperation and the exchange of information between the competent national authorities, as well as the Commission, provided for by the proposed Directive should be implemented through the Internal Market Information System (‘IMI system’) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council ² . For that reason, the necessary administrative cooperation procedures should be established in the IMI system. Regulation (EU) No 1024/2012 should therefore be amended accordingly.

In addition, in order to minimise the administrative burden on legal entities and natural persons falling within the scope of the proposed Directive, Regulation (EU) 2018/1724 of the European Parliament and of the Council ³ should be amended to provide for easy online access to information on the rights and obligations stemming from the Directive, as well as to ensure that access to and completion of the procedure for registration required by the Directive can be made fully online.

2023/0462 (COD)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) No 1024/2012 and (EU) 2018/1724 as regards certain requirements laid down by Directive (EU) XXXX/XXXX (Text with EEA relevance)

This proposal has no impact on fundamental rights separate from any impact that may result from the proposed Directive establishing harmonised requirements in the internal market on transparency of interest representation carried out on behalf of third countries.

For an assessment of the fundamental rights impact of that proposal, see COM(2023) 637 final.

The costs required for the extension of the IMI system to enable the administrative cooperation and the exchange of information provided for by the proposed Directive establishing harmonised requirements in the internal market on transparency of interest representation carried out on behalf of third countries are outlined in COM(2023) 637 final.

The proposed regulation is of technical nature and accompanies the proposed Directive establishing harmonised requirements in the internal market on transparency of interest representation carried out on behalf of third countries.

Article 1 amends Regulation (EU) No 1024/2012 as regards the use of the IMI system established by that Regulation for the purpose of the proposed Directive. This would allow for the administrative cooperation and exchanges of information between the competent national authorities, as well as the Commission, provided for by Article 11(4), Article 16(5) and (6), Article 17(2), (4) and (5) and Article 18 of the proposed Directive to be implemented through the IMI system.

Article 2 amends Regulation (EU) 2018/1724 as regards the use of the Single Digital Gateway for the purpose of the proposed Directive. For this purpose, a point is added to Annex I to that Regulation to ensure that the Single Digital Gateway gives access to information on rights, obligations and rules laid down in the proposed Directive. In addition, fields are added to the table in Annex II to that Regulation to provide that Member States are to ensure that users can access and complete the registration provided for by the proposed Directive fully online.

amending Regulations (EU) No 1024/2012 and (EU) 2018/1724 as regards certain requirements laid down by Directive (EU) XXXX/XXXX

(Text with EEA relevance)

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee ⁵ ,

Having regard to the opinion of the Committee of the Regions ⁶ ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

Directive (EU) [XXXX/XXXX] of the European Parliament and of the Council ⁷ 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.
The administrative cooperation and the exchange of information between the designated national authorities, or the supervisory authorities, and the Commission, provided for by Directive (EU) XXXX/XXXX is to be implemented through the Internal Market Information System (‘IMI system’) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council ⁸ . For that reason, the necessary administrative cooperation procedures should be established in the IMI system. Regulation (EU) No 1024/2012 should therefore be amended accordingly.
In addition, in order to minimise the administrative burden on legal entities and natural persons falling within the scope of Directive (EU) XXXX/XXXX, Regulation (EU) 2018/1724 of the European Parliament and of the Council ⁹ should be amended to provide for easy online access to information on the rights and obligations stemming from Directive (EU) XXXX/XXXX, as well as to ensure that access to and completion of the procedure for registration required by that Directive can be made fully online,

HAVE ADOPTED THIS REGULATION:

Article 1
Amendment to Regulation (EU) No 1024/2012

In the Annex to Regulation (EU) No 1024/2012, the following new point (17) is added:

‘17. Directive (EU) [XXXX/XXXX] 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*: Article 11(4), Article 16(5) and (6), Article 17(2), (4) and (5) and Article 18.

____________________

* OJ L […], […], p. […], ELI: ….’.

Article 2
Amendments to Regulation (EU) 2018/1724

Regulation (EU) 2018/1724 is amended as follows:

in Annex I, in point ‘J. Starting, running and closing a business’, the following point (12) is added:

‘12. transparency of interest representation’;

in Annex II, the table is amended as follows:
1. the following field is added to the second column ‘Procedures’:

‘Registration of interest representation in accordance with Directive (EU) XXXX/XXXX*

____________________

* 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 L […], […], p. […], ELI: …).’;

the following field is added to the third column ‘Expected output subject to an assessment of the application by the competent authority in accordance with national law, where relevant’:

‘Confirmation of registration and issuance of the European Interest Representation Number’.

Article 3
Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg,