What changed between the plenary report and the adopted text

Article 11 – paragraph 5: 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 an exemption from the publication in accordance with Article 12(3).

Article 11 – paragraph 9: 9. Where a supervisory authority has reliable information of possible non-compliance by an entity registered in a register for which it has jurisdiction pursuant to Article 15(3) with the obligations provided for in the national provisions adopted pursuant to Article 10, such as providing inaccurate information in the registration, it may ask that entity to provide the information referred to in Article 16 to the extent necessary to investigate the possible non-compliance.

Article 11 – paragraph 10 – point c: (c) information on the administrative or judicial review procedures available.

Article 11 – paragraph 11: 11. An entity to which the request is made shall provide, within 15 working days, the information requested pursuant to paragraphs 8 and 9 in a complete and accurate manner.

Article 11 – paragraph 12: 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.

Article 12 – paragraph 1 – subparagraph 1 – point a: (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);

Article 12 – paragraph 3: 3. Member States shall ensure that entities referred to in Article 3(1) have the right to apply for an exemption from the publication requirement referred to in paragraph 1 by means of a 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 that individual’s 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.

Article 12 – paragraph 3 a (new): 3a. Member States shall ensure that the decision to grant an exemption from the requirement to publish the information referred to in paragraph 1, or to limit public access, partially or fully, may be taken ex officio by the competent supervisory authority, or, where applicable, at the request of a supervisory authority of another Member State, where it has reason to believe that there is a risk that the publication might expose an individual to a violation of that individual’s fundamental rights and that the partial or full limitation of public access may eliminate or reduce this risk.

Article 12 – paragraph 4: 4. Any decision taken pursuant to paragraph 3 and 3a shall be subject to administrative and judicial redress in the Member State of registration. Member States shall ensure that any review procedures, including judicial redress, are carried out within a reasonable period of time and that a final decision is taken promptly.

Article 12 – paragraph 6: 6. Member States shall ensure that where a decision referred to in paragraph 3 and 3a has become final, the entry in the national register to which that decision relates indicates, as the case may be, that public access has been partially or fully limited.

Article 13 – paragraph 1 – introductory part: 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:

Article 13 – paragraph 1 – point a: (a) aggregated data on the annual amounts per third country in the preceding financial year. That aggregated data shall be based on the information provided pursuant to Annex I, point 2, points (b) and (c);

Article 13 – paragraph 1 – point b: (b) aggregated data on the annual amounts per category of organisation for each third country in the preceding financial year. That aggregated data shall be based on the information provided pursuant to Annex I, point 1, point (h) and point 2, point (b) and (c);

Article 13 – paragraph 1 – point c: (c) total number of third country sponsors that can be attributed to a specific third country. That aggregated data shall be based on the information provided pursuant to Annex I, point 2, point (b);

Article 13 – paragraph 1 – point d a (new): (da) an analysis for each Member State of registration of the interest representation activities carried out in Member States other than that Member State of registration, based on the information provided pursuant to Annex I, point 2 (e).

Article 15 – paragraph 1 a (new): 1a. For the purposes of paragraph 1 of this Article, each Member State may appoint a single authority as the competent national authority responsible for the national registers and for performing the supervisory tasks pursuant to this Directive.

Article 15 – paragraph 5: 5. Where a Member State designates more than one supervisory authority, it shall ensure that the tasks of each of those authorities are clearly set out in its national law and that they cooperate closely and effectively when performing their tasks. Member States shall identify the supervisory authority to which communications can be addressed for transmission to the appropriate authority within that Member State.

Article 15 – paragraph 6: 6. Member States shall ensure that the national authorities designated pursuant to paragraph 1 are independent in the exercise of their functions. / (deleted) / (deleted)

Article 15 – paragraph 6 a (new): 6a. Member States shall ensure that the procedures for the appointment of the governing bodies of the supervisory authorities are transparent, non-discriminatory and guarantee the requisite degree of independence.

Article 15 – paragraph 6 b (new): 6b. Member States shall ensure that the staff in supervisory authorities acting in the exercise of their powers pursuant to this Directive: / (a) are able to perform their duties independently, impartially and transparently, free from political and other external influence, and neither seek nor take instructions from government or any other public or private entity; / (b) refrain from taking any action which is incompatible with the performance of their duties and the exercise of their powers under this Directive.; / (c) have the necessary skills, knowledge and expertise to effectively carry out their tasks and make informed decisions in accordance with the objectives of this Directive, including the expertise to detect and address risks to the protection of fundamental rights, in particular risk to the freedom of assembly and association.

Article 15 – paragraph 7: 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, as applicable, contributing to the work of the advisory group pursuant to Article 19, including sufficient technical, financial and human resources.

Article 15 – paragraph 7 a (new): 7a. Where, in accordance with Article 10(8a), Member States maintain in their legal systems existing measures in accordance with which the entities referred to in Article 3(1) are required to submit, for the purpose of registration, information in addition to the information referred to in point 1 of Annex I, those Member States shall ensure that the national competent authorities designated pursuant to paragraph 1 of this Article have the power to request such additional information from entities 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.

Article 15 – paragraph 8: 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. Member States shall also 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).

Article 16 – paragraph 3 – introductory part: 3. Except in cases referred to in Article 11(8) and (9) and Article 15(7a), a request can only be made in the following cases and must be limited to the information referred to in paragraph 3a of this Article:

Article 16 – paragraph 3 – point a: (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;

Article 16 – paragraph 3 a (new): 3a. The supervisory authority referred to in paragraph 2 of this Article may request the following information: / (a) copies of the contracts with the third country sponsor that are necessary to understand the nature and purpose of the interest representation activity, including, where applicable, the records of the means and extent of any remuneration; / (b) a list of all third country sponsors on whose behalf they have carried out interest representation activities in the preceding financial year; / (c) 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.

Article 16 – paragraph 3 b (new): 3b. Member States shall ensure that entities referred to in Article 3(1) keep records of the information referred to in point (a) of paragraph 3a of this Article for four years after the interest representation activity in question has ceased.

Article 16 – paragraph 3 c (new): 3c. Member States shall ensure that entities referred to in Article 3(1) keep records of the information referred to in points (b) and (c) of paragraph 3a of this Article for four years.

Article 16 – paragraph 4 – point c: (c) information on the administrative or judicial review procedures available.

Article 16 – paragraph 5: 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 this Article from the registered entity.

Article 16 – paragraph 6 – subparagraph 1: 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 may transmit the information to the requesting supervisory authority without making a new request.

Article 16 – paragraph 8: 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.

Article 17 – paragraph 1: 1. Member States shall ensure that their supervisory authorities cooperate with the supervisory authorities of all other Member States and exchange relevant information with them.

Article 17 – paragraph 3 – subparagraph 1 – point b: (b) a description of the relevant facts, the applicable provisions of this Directive and the grounds for suspecting an infringement.

Article 17 – paragraph 5: 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 shall request additional information from the competent authority that made the notification.

Article 17 – paragraph 5 a (new): 5a. 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 the cross-border cooperation as referred to in paragraph 2: / (a) information provided by a registered entity in accordance with Article 10(4); / (b) any analyses carried out by a supervisory authority on the basis of the information referred to in point (a) of this paragraph.

Article 17 – paragraph 5 b (new): 5b. Member States shall ensure that, upon receipt of an information request pursuant to paragraph 5a, the supervisory authority of the Member State of registration transmits the information to the requesting supervisory authority, unless it determines that the requirements of paragraph 5a are not met. In such a case, the supervisory authority of the Member State of registration shall provide the requesting supervisory authority with a detailed explanation.

Article 17 – paragraph 5 c (new): 5c. Member States shall ensure that supervisory authorities provide the Commission, at its request, which shall contain a statement of reasons, 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 18. Such aggregate data may contain personal data if it is necessary to ensure effective monitoring. Where technically possible, the information shall be transmitted in a machine-readable format.

Article 17 – paragraph 5 d (new): 5d. When processing personal data pursuant to paragraphs 5a to 5c, the supervisory authorities shall act as controllers within the meaning of Regulation (EU) 2016/679, and the Commission shall act as a controller within the meaning of Regulation (EU) 2018/1725 with respect to their own data processing activities.

Article 17 – paragraph 6: 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, 5, 5a, 5b, 5c, Article 11(4), Article 12(3a) and Article 16(5) and (6) of this Directive, shall be implemented through the IMI system established by Regulation (EU) No 1024/2012.

Article 18: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Article 19 – paragraph 2 – point b: (b) facilitate exchanges and sharing of information and best practices on the specific needs of civil society organisations and of micro, small and medium-sized enterprises within the meaning of Article 3 of Directive 2013/34/EU;

Article 19 – paragraph 2 – point b a (new): (ba) identifying best practices in order to protect fundamental rights and increase transparency;

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);

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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

Article 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.

Article 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.

Article 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.

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

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

Article 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.