On Thursday, the Internal Market and Consumer Protection committee adopted their position on new transparency requirements for interest representation activities conducted by non-EU countries. The directive aims to address the growing cross-border nature of lobbying and potential foreign influence in democratic processes.
MEPs refined the Commission’s original proposal by introducing clearer definitions and safeguards against the stigmatisation of legitimate engagement or financial support provided to entities covered by the rules.
Type of activities covered
The rules apply to interest representation activities (provided against payment or other kinds of remuneration) aimed at influencing policy, legislation or decision-making in the EU. This can include organising or participating in meetings and conferences, contributing to consultations or hearings, communications campaigns (including the use of influencers on social media), preparing policy papers, proposing draft amendments, and surveys.
They do not apply to official government and diplomatic functions, media services, legal advice, and academic research. MEPs also narrowed the scope to protect the activities of civil society organisations (CSOs). Core funding or financial support through a third-country donor grant scheme, are not to be considered remuneration if unrelated to lobbying.
Safeguards against stigmatisation
In contrast to some countries’ ‘foreign agent’ laws, MEPs reiterate that this directive does not intend to negatively label any entities, including CSOs, nor restrict civic space. It cannot be used to ban any activity or demand transparency for third-country funding unrelated to lobbying.
Democratic accountability
The new directive establishes mandatory national registers to be set up and maintained by independent national authorities, who will ensure the information is factual. MEPs want these registers to be interconnected via a centralised portal and stress that registration itself should not lead to a climate of distrust
Quote
Rapporteur Adina Vălean (EPP, Romania) said: “We have not adopted our position on this directive for rhetorical effect, but because citizens demanded it. they want to know whose voices and whose money shapes our laws. 81% of Europeans are concerned about third-country money influencing our decision-making processes. This directive answers that concern. It imposes no guilt, only disclosure. It was adopted with support from different political groups, showing that we have addressed a wide range of technical issues, ideological concerns, and legitimate fears of unintended consequences. In doing so, we have built a tool to protect our democracies, setting the minimum requirements for transparency that every citizen deserves.”
Next steps
The draft report was adopted with 35 votes in favour, 4 against and 8 abstentions. It will be debated and voted in the 24-27 November plenary session in Strasbourg. Interinstitutional talks can start once Parliament and Council, adopts their respective positions.
Background
Interest representation activities, known as lobbying, are dealt with by member states differently, often by setting up mandatory or voluntary transparency registers. Currently, only 16 member states have taken steps towards regulating general interest representation activities. This is causing market obstacles and uneven competition. Furthermore, it may push interest representation towards less regulated states to evade stricter rules.
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