On Monday 30 September, members of the European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO) debated the proposal for a directive on the transparency of third-country lobbying, part of the ‘Defence of Democracy’ package presented by the European Commission in December 2023 (see EUROPE 13312/15).
This initiative aims to establish standards for foreign interest representation within the European Union. Discussions focused on the sensitive issues concerning civil society and the legal implications raised by the analysis presented by Emilia Korkea-Aho, a specialist in issues relating to democracy, the EU institutions and lobbying.
Ms Korkea-Aho points out that this directive requires Member States to set up transparency registers to monitor lobbying activities.
Insofar as these registers concern not only foreign governments, but also the entities that represent these interests, Ms Korkea-Aho notes that the question of defining the entities concerned and their status arises.
Furthermore, this directive’s uniform implementation is, in her view, essential to guarantee effective legal protection.
Lawyer Gabriel N. Toggenburg, who was also invited to take part in the discussions as a representative of the European Union Agency for Fundamental Rights, expressed concerns about the administrative implications for civil society organisations.
He warned against the risk that these requirements could lead to restrictions on freedom of association and data protection, and called for legislation that respects fundamental rights.
Among the MEPs, Adina-Ioana Vălean (EPP, Romanian) questioned the text’s clarity, stressing that the lack of precise definitions could lead to misunderstandings and broken promises.
Maria Guzenina (S&D, Finnish), speaking on behalf of Alex Agius Saliba (S&D, Maltese), supported harmonising the rules at European level, given that 81% of Europeans believe that foreign interference should be treated seriously.
The Finnish MEP also called for vigilance to ensure that the text did not compromise the progress already made on transparency in certain Member States.
Similarly, Alexandra Geese (Greens/EFA, German) expressed reservations about the proposal, fearing that it would place an inordinate burden on civil society organisations. Ms Geese questioned the ability of governments to manage these demands while respecting fundamental rights and transparency.
Concerns about the stigmatisation of NGOs and data transparency were reiterated by Leïla Chaibi (The Left, French), who called for total transparency and respect for the confidentiality of personal data.
Denis Nesci (ECR, Italian) insisted that harmonisation must not weaken existing standards, while Sandro Gozi (Renew Europe, French) welcomed the proposed advances. However, he called for the scope of the directive to be extended to include other sectors, such as education.
Analysis: https://aeur.eu/f/do0 (Original version in French by Nithya Paquiry)