Changes from report parliamentary committee draft to plenary report

Article 19 – paragraph 2 – point d: (d) report to the Commission any divergences in the application of this Directive and in the application of the measures referred to in Article 10(8a);

Change 70

RemovedArticle 19 – paragraph 3 a (new): 3a. The Commission may urgently convene the advisory group at the request of a Member State regarding possible serious non-compliance with this Directive.

AddedArticle 19 – paragraph 2 a (new): 2a. At the request of the Commission or at least one of the authorities concerned, the advisory group shall 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 10(8a), Article 12(3), Article 15(1), (2), (6) and (8), and Article 16(6) of this Directive.

RemovedArticle 19 – paragraph 4: 4. Representatives of the European Parliament shall be invited to attend meetings of the advisory group as observers. Representatives of the European Free Trade Association States that are contracting parties to the Agreement on the European Economic Area17 , may be invited to attend meetings of the advisory group as observers.

AddedArticle 19 – paragraph 3 a (new): 3a. The Commission may convene the advisory group at the request of a Member State regarding possible serious non-compliance with this Directive.

RemovedArticle 22 – paragraph 1 – subparagraph 1: Member States shall lay down rules on sanctions applicable to infringements of national provisions adopted pursuant to Article 6, Article 8, Article 10, Article 11, Article 14, Article 16 and Article 20 of this Directive by entities referred to in Article 3(1) or where appropriate, their legal representative.

AddedArticle 19 – paragraph 4: 4. Representatives of the European Parliament shall be invited to attend meetings of the advisory group as observers. Representatives of the European Free Trade Association States that are contracting parties to the Agreement on the European Economic Area, may be invited to attend meetings of the advisory group as observers. The advisory group may invite civil society organisations to attend the meetings at least once a year as part of an open and structured dialogue on the implementation of this Directive.

RemovedArticle 22 – paragraph 1 – subparagraph 2: deleted

AddedArticle 22 – paragraph 1 – subparagraph 1: Member States shall lay down rules on administrative fines applicable to infringements of national provisions adopted pursuant to Article 6, Article 8, Article 10, Article 11, Article 14, Article 16 and Article 20 of this Directive by entities referred to in Article 3(1) or where appropriate, their legal representative.

RemovedArticle 22 – paragraph 2: 2. The sanctions provided for shall be effective, proportionate and dissuasive. In deciding whether to impose sanctions and, if such sanctions are imposed, in determining their nature and appropriate level, due account shall be taken of the nature, recurrence and duration of the infringement to which those measures relate, any collaboration with the competent national authorities to address the infringement concerned as well as, where relevant, the economic, technical and operational capacity of the entity referred to in Article 3(1) that committed the infringement.

AddedArticle 22 – paragraph 1 – subparagraph 1 a (new): In cases of a serious infringement or of repeated or recurrent infringements of national provisions adopted pursuant to Article 6, Article 8, Article 10, Article 11, Article 14, Article 15(7a), Article 16 and Article 20 of this Directive, Member States may decide to temporarily suspend or withdraw an entity’s registration.

RemovedArticle 22 – paragraph 3: 3. 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.

AddedArticle 22 – paragraph 2: 2. The sanctions shall be effective, proportionate and dissuasive. In determining their nature and their appropriate level, due account shall be taken of the nature, recurrence and duration of the infringement to which those measures relate and any collaboration with the competent national authorities to address the infringement concerned, as well as, where relevant, the economic, technical and operational capacity of the entity referred to in Article 3(1) that committed the infringement.

AddedArticle 22 – paragraph 3: 3. 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 where such infringement amounts to a violation of Article 20.

Article 22 – paragraph 4: deleted

Change 71

RemovedArticle 22 – paragraph 5: deleted

AddedArticle 23 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 9a(4), Article 10(9), Article 13(3) and Article 16(9) shall be conferred on the Commission for five years from [the date of entry into force of the Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

RemovedArticle 23 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 9a(1), 10(9), 13(3) and 16(9) shall be conferred on the Commission for five years from [the date of entry into force of the Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

AddedArticle 23 – paragraph 4: 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 of 13 April 2016 on Better Law-Making.

AddedArticle 23 – paragraph 5: 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Article 23 – paragraph 6: 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 three 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.

Change 72

RemovedArticle 25 – paragraph 2 – subparagraph 2: That evaluation shall assess the effectiveness and proportionality of the Directive. It shall assess among others the need for changes to the scope, the effectiveness of the safeguards provided in the Directive, the interaction between this Directive and national transparency obligations and their impact on national registers, the effectiveness of the anti-circumvention clause in Article 20 and the effectiveness of cross-border coopeartion mechanisms. It shall also assess the main fundamental rights risks that might emerge in the context of the transposition and implementation of the Directive and whether stigmatisation is effectively addressed and prevented. It may, where appropriate, be accompanied by relevant legislative proposals.

AddedArticle 24 – paragraph 1 – point 1 – introductory part: 1. in Article 2(1), point (a) the following point is added:

RemovedAnnex I – point 2 – point a – introductory part: (a) the following information on each of the third country sponsor on whose behalf the entity carries out the interest representation activity;

AddedArticle 24 – paragraph 1 – point 2 – introductory part: 2. in the Annex, in Part I, the following point is added:

AddedArticle 25 – paragraph 2 – subparagraph 2: That evaluation shall assess the effectiveness and proportionality of the Directive. It shall assess among others: / (a) the need for changes to the scope and the effectiveness of the safeguards provided in the Directive, in particular the safeguards regarding the protection of fundamental rights and the prevention of any form of stigmatisation in the context of its transposition and implementation; / (b) the interaction between the provisions of this Directive and those regarding the national transparency obligations, including the impact on existing national registers; / (c) the anti-circumvention provisions and the effectiveness of cross-border cooperation mechanisms. / The evaluation may, where appropriate, be accompanied by relevant legislative proposals.

AddedArticle 26 – paragraph 1 – subparagraph 1: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [eighteen months from the date of the entry into force of this Directive] at the latest. They shall immediately inform the Commission thereof.

AddedArticle 26 – paragraph 1 – subparagraph 2: When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

AddedAnnex I – point 2 – point a – introductory part: (a) the following information on each of the third country sponsors on whose behalf the entity carries out the interest representation activity;

▸4 unchanged paragraphs

Annex I – point 2 – point a – point ii: (ii) the address at which the third country sponsor carries on business or, for natural persons, the address at which they ordinarily reside;

Annex I – point 2 – point a – point iii: deleted

Annex I – point 2 – point a – point iv: (iv) where available, the registration number of the third country sponsor in a business register or a comparable identifying code;

Annex I – point 2 – point b: (b) the third country on whose behalf the third country sponsor is acting;

Change 73

RemovedAnnex I – point 2 – point c – introductory part: (c) the annual amounts covering all the tasks carried out with the objective of providing information, knowledge or expertise in the context of 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;