What changed between the draft committee report and the plenary report

Change 46

Changed:Article 10 – paragraph 6 – point a: (a) without undue delay, changes or additions to the data provided pursuant to Annex I, point 1, points (a), (b), (f)(i) and (f)(ii);

Change 47

Changed:Article 10 – paragraph 7 a– (new):subparagraph 7a.2: MemberThat Statesauthority shall ensure thatprocess the authoritiesrequest responsiblewithin for5 working days and remove the relevantregistered entity from the national register keepif recordsit ofconsiders that the informationentity no longer qualifies as an entity referred to in paragraphArticle 43(1) foror 4should yearsno afterlonger be registered in the entityregister hasfor beenwhich removedit fromis responsible. The decision of the authority responsible for the relevant national register pursuantshall be subject to paragraphadministrative 7.and judicial redress in the Member State of registration.

Change 48

Removed:Article 10 – paragraph 8 a (new): 8a. Member States may maintain in their legal systems existing measures whereby 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 Annex I, point 1, where those measures are necessary and justified by public interest objectives and are proportionate in that they are suitable for securing the attainment of the objectives pursued and do not go beyond what is necessary to attain those objectives.

Added:Article 10 – paragraph 7 a (new): 7a. Member States shall ensure that the authority responsible for a national register from which an entity has been removed keeps the information about the entity referred to in paragraph 4 for four years after that entity has been removed from the register pursuant to paragraph 7.

Removed:Article 11 – paragraph 3: 3. Once an entry is included in the national register, the registered entity shall without undue delay and at the latest within 5 working days receive a confirmation of registration from the authority responsible for the national register. The registered entity 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.

Added:Article 10 – paragraph 8: 8. Member States shall ensure that registration, updates, requests to be removed from the register and requests pursuant to Article 12(3) can be made by electronic means and free of charge.

Added:Article 10 – paragraph 8 a (new): 8a. Member States may, in accordance with the Treaties, maintain in their legal systems existing measures which were in application before [the date of the entry into force of this Directive], in accordance with which the entities referred to in Article 3(1) are required to submit, for the purpose of registration, information that does not contain personal data in addition to the information referred to in Annex I, point 1, where those measures are necessary and justified by public interest objectives and are proportionate in that they are suitable for securing the attainment of the objectives pursued and do not go beyond what is necessary to attain those objectives.

Added:Article 11 – paragraph 2: 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 five 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.

Added:Article 11 – paragraph 3: 3. Once an entry is included in the national register, the registered entity shall without undue delay and at the latest within five working days receive a confirmation of registration from the authority responsible for the national register. The registered entity 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.

Added:Article 11 – paragraph 4: 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 five 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.

Added: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.

Change 49

Added: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);

Change 50

Changed:Article 12 – paragraph 3: 3. Member States shall ensure that entities referred to in Article 3(1) have the right to apply for aan derogationexemption 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 serious 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.

Change 51

Changed:Article 12 – paragraph 3 a (new): 3a. Member States shall ensure that the decision to derogategrant an exemption from the publicationrequirement ofto publish the information referred to in paragraph 1, or to limit,limit public access, partially or fully, public access, 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: / (a)that there is a serious risk that the publication might expose an individual to a violation of that individual’s fundamental rights; / (b) the request referred to in paragraph 3 might not be reasonably expected by the relevant entity;rights and / (c)that the partial or full limitation of public access mightmay eliminate or mitigatereduce thethis risk. / Member States shall ensure that an ex officio decision to limit, partially or fully, public access to the information referred to in paragraph 1 is immediately notified by the competent supervisory authority to the relevant registered entity.

Change 52

Changed:Article 12 – paragraph 4: 4. Any decision taken pursuant to paragraphsparagraph 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.

Change 53

Changed:Article 12 – paragraph 6: 6. Member States shall ensure that where a decision referred to in paragraphsparagraph 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.

4 unchanged paragraphs

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);

Change 54

Changed:Article 13 – paragraph 1 – point d: (d)d a list(new): (da) an analysis for each Member State of registration of the thirdinterest countriesrepresentation activities carried out in Member States other than that fulfilMember State of registration, based on the criteriainformation setprovided outpursuant into ArticleAnnex 16(3),I, point (b)(ii);2 (e).

Change 55

Changed:Article 1315 – paragraph 1 – point d a (new): (da)1a. anFor analysisthe forpurposes eachof Memberparagraph State1 of registration ofthis theArticle, interesteach representationMember activitiesState carriedmay outappoint ina Membersingle Statesauthority otheras thanthe thatcompetent Membernational Stateauthority ofresponsible registration,for basedthe onnational theregisters informationand providedfor pursuantperforming tothe Annexsupervisory I,tasks pointpursuant 2,to pointthis (e).Directive.

Change 56

Removed:Article 15 – paragraph 6 – point b: (b) refrain from taking any action which is incompatible with the performance of their duties and the exercise of their powers under this Directive;

Added: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.

Removed:Article 15 – paragraph 6 – point b a (new): (ba) have the necessary skills, knowledge and expertise to effectively carry out their tasks and make informed decisions, including the expertise to detect and address fundamental rights risks.

Added: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)

Removed:Article 15 – paragraph 7 a (new): 7a. Member States may provide that a competent national authority, designated pursuant to paragraph 1, can request an entity 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, to provide the additional information required for the registration of entities in their national register, in accordance with Article 10(8a).

Added: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.

Removed:Article 16 – paragraph 3 – introductory part: 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 information referred to in paragraph 3a of this Article:

Added: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.

Added: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.

Added: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.

Added: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).

Added: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;

Change 57

Changed:Article 16 – paragraph 3 – point b – subparagraphparagraph 1 – introductory part: the actions of the third country entitysponsor on whose behalf the registered sponsorentity 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 sponsors whose actions can be attributed to this third country, an aggregate annual amount that exceeds either of the following:

Change 58

Changed:Article 16 – paragraph 3 a (new): 3a. The supervisory authority referred to in paragraph 2 of this Article may request the following: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.

Change 59

Removed:Moved from Article 7.

Added: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.

Change 60

Changed:Article 16 – paragraph 3 bc (new): 3b.3c. Member States shall ensure that entities referred to in Article 3(1) keep records of the information referred to in pointpoints (a)(b) and (c) of paragraph 3a for 4 years after the interest representationof activitythis inArticle questionfor hasfour ceased.years.

Change 61

Removed: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 for 4 years.

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

Change 62

Changed: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 Articlethis 10Article from the registered entity.

Change 63

Added: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.

Change 64

Changed: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 aswith necessary.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.

Change 65

Changed: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 exercisingthe cross-border cooperation as referred to in paragraph (2):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).(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.

Change 66

Changed:Article 17 – paragraph 5 c (new): 5c. Member States shall ensure that the supervisory authorities provide the Commission, onat 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 only to the extentif thatit is necessary to ensure effective monitoring. Where technically possible, the information shall be transmitted in a machine-readable format.

Change 67

Changed: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 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.

Change 68

Changed: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),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)

Change 69

Added: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;