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EXPLANATORY MEMORANDUM
1.

CONTEXT OF THE PROPOSAL

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
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.
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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
(OJ L
316, 14.11.2012, p. 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).

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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
OF
EX-POST
EVALUATIONS,
CONSULTATIONS AND IMPACT ASSESSMENTS

STAKEHOLDER

Impact assessment
An impact assessment4 was carried out in context of the preparation of the
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)

Directive (EU) [XXXX/XXXX] of the European Parliament and of the Council 3 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.

(2)

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
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)

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2
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OJ C
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 (
).
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
(OJ L
316, 14.11.2012, p. 1,
ELI: http://data.europa.eu/eli/reg/2012/1024/oj).

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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:
7. 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.
____________________
*
Article 2
Amendments to Regulation (EU) 2018/1724
Regulation (EU) 2018/1724 is amended as follows:
(1)
(12) is added:
(2)

in Annex II, the table is amended as follows:
(a)
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 (
).
(b)
assessment of the application by the competent authority in accordance with
national law, where releva
European Interest
Representation Number

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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

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For the Council
The President

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