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
Date: 2023-12-12
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU Member State, access to information, administrative cooperation, administrative formalities, exchange of information, information system, single market

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   EUROPEAN COMMISSION  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 

1. 

CONTEXT OF THE PROPOSAL 

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  countries1  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 
Council2.  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 Council3 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. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Regulation (EU) No 1024/2012 and Regulation (EU) 2018/1724 are both based on Article 114 
of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  which  provides  for  the 
adoption  of  measures  to  ensure  the  establishment  and  functioning  of  the internal  market.  In 
accordance with the rule that the legal basis of an amending act must be the same as the legal 
basis of the act being amended, this proposal has the same legal basis as the two Regulations 
it proposes amending. 

1 
2 

3 

2008/49/EC 

COM(2023) 637 final. 
Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on 
administrative cooperation through the Internal Market Information System and repealing Commission 
Decision 
1, 
ELI: http://data.europa.eu/eli/reg/2012/1024/oj). 
Regulation  (EU)  2018/1724  of  the  European  Parliament  and  of  the  Council  of  2  October  2018 
establishing a single digital gateway to provide access to information, to procedures and to assistance 
and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 
1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj). 

IMI  Regulation’) 

14.11.2012, 

(‘the 

316, 

(OJ 

p. 

L 

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• 

Subsidiarity (for non-exclusive competence)  

The objective of this proposal, namely to make use of existing cooperation tools and digital 
gateways established at Union level for the purpose of facilitating the implementation of the 
proposed  Directive  establishing  harmonised  requirements  in  the  internal  market  on 
transparency  of  interest  representation  carried  out  on  behalf  of  third  countries,  cannot 
effectively  be  achieved  by  the  Member  States  independently.  Action  at  Union  level  is  thus 
necessary. 

• 

Proportionality 

This proposal makes use of existing IT tools and gateways rather than establishing new ones. 
As a result, it does not go beyond what is necessary to achieve its objective. 

• 

Choice of the instrument 

Article 114 TFEU grants the legislator the power to adopt regulations and directives. 

Given that this proposal  would amend Regulation (EU) No 1024/2012  and  Regulation (EU) 
2018/1724,  and  in  accordance  with  the  principle  that  for  reasons  of  legal  certainty,  an 
amending  act  should  be  of  the  same  type  as  the  original  act,  a  regulation  is  the  appropriate 
legal instrument. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Impact assessment 

• 
An  impact  assessment4  was  carried  out  in  context  of  the  preparation  of  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. 

The  preferred  policy  option  identified  by  the  impact  assessment  includes  a)  amending  
Regulation (EU) No 1024/2012 to implement the administrative cooperation and the exchange 
of  information  provided  for  by  the  initiative  using  existing  IT  tools  and  b)  amending 
Regulation (EU) 2018/1724  to provide for easy online access to information on the rights and 
obligations  stemming  from  that  policy  option  as  well  as  to  ensure  that  access  to  and 
completion of the procedure for registration required by that policy option is fully online. 

• 

Fundamental rights 

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. 

4. 

BUDGETARY IMPLICATIONS 

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 

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SWD(2023) 663. 

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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. 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

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. 

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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) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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 Committee1, 
Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Directive (EU) [XXXX/XXXX] of the European Parliament and of the Council3 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  Council4.  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. 

(3) 

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) 

1 
2 
3 

4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
Directive (EU) XXXX/XXXX of the European Parliament and of the Council 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: …). 
Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on 
administrative cooperation through the Internal Market Information System and repealing Commission 
Decision 
1, 
ELI: http://data.europa.eu/eli/reg/2012/1024/oj). 

IMI  Regulation’) 

2008/49/EC 

14.11.2012, 

(‘the 

316, 

(OJ 

p. 

L 

EN 

4 

  EN 

 
 
2018/1724  of  the  European  Parliament  and  of  the  Council5  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: 

(1) 

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

‘12. transparency of interest representation’; 

(2) 

in Annex II, the table is amended as follows:  

(a) 

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: …).’;  

(b) 

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 
Representation Number’. 

issuance  of 

the  European  Interest 

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Regulation  (EU)  2018/1724  of  the  European  Parliament  and  of  the  Council  of  2  October  2018 
establishing a single digital gateway to provide access to information, to procedures and to assistance 
and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 
1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj). 

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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, 

For the European Parliament 
The President 

For the Council 
The President 

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