At the end of 2023, the EU published a Proposal for Directive 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. While it is a perfectly legitimate goal to bring to light any unduly covert influence by third country administrations, the Directive lacks clarity and legal certainty on key definitions. This raises serious concerns about the necessity and proportionality of the obligations imposed on the targeted entities, including civil society organisations (CSOs). As similar legal initiatives have shown, such legal ambiguity risks having a chilling effect on the participation of civil society in the public exchange of views and consultations in the EU.
In our most recent position paper, we analyse how the proposed Directive may unnecessarily and disproportionately impact CSOs’ activities and their fundamental rights of freedom of expression, association and privacy due to:
- Broad definition of “interest representation activities”;
- Unclear definition of “activities of economic nature” and problematic definition of “remuneration”;
- Unclear definition of what constitutes “representation carried out on behalf of third countries”; and
- Insufficient safeguards provided to mitigate the risks associated with the potential breach of the abovementioned rights.
ECNL strongly recommends reviewing the whole proposal and its impact assessment, with a view to considering alternative policy options and assessing their respective impact on the fundamental rights of public participation in policy-making processes, freedom of association and right to privacy of both individuals and organisations.