The Transparency Directive on Representing Foreign Interests would require all European Union countries to create special registries where organizations engaged in representing foreign interests must register themselves. Those listed in the registry would be required to periodically report on their activities. Additionally, they must retain related correspondence and documentation for at least four years.

Vivian Loonela, head of the European Commission's representation in Estonia, told ERR that the idea proposed at the end of last year is a response to hostile influence activities, such as those coming from Russia.

"It's clear that the Commission looked at how we've addressed this internally. We have implemented a transparency register where companies or representatives of other countries or organizations must register themselves; otherwise, they cannot meet with commissioners or high-ranking officials. This system has proven effective within the Commission, and several member states have similar systems. Thus, the proposal arose to implement this Europe-wide so that we have an overview of these influence factors," explained Loonela.

The specific draft directive is somewhat narrower. It proposes a lobbying register where companies and their representatives would not need to register, only those acting specifically in the interests of a foreign country. The draft leaves some ambiguity about whether, for example, the public relations firm Powerhouse representing Huawei would need to register. Or the Confucius Institute operating at Tallinn University. Or a civic organization receiving support from the U.S. Embassy.

Vivian Loonela stated that the Estonian Orthodox Church of the Moscow Patriarchate would likely need to register. However, they do not directly receive money or other benefits from Russia, which the directive seems to imply as a requirement.

Minister of Justice Madis Timpson (Reform) mentioned there might be some NGOs in Estonia that would fit the criteria for the register.

"The problem is, if there is an organization that may not support democracy and does not register, what happens then? I cannot currently provide a comprehensive answer to that question," Timpson said.

This was one of the issues raised in Estonia's position, which the government confirmed on Thursday regarding the directive. However, there are other concerns as well. For example, Timpson questioned why each member state must create its own registry.

"First, it is relatively expensive. Creating a registry costs approximately €500,000. Maintenance costs are at least €100,000 annually. In the current economic situation, that money might be better used elsewhere," the justice minister noted.

In summary, Estonia plans to argue in negotiations that the administrative burden proposed by the directive is not proportional to the expected increase in transparency.

There is another concern with the directive. Less democratic countries have begun using the European Commission's initiative to justify their more repressive foreign agent laws. The European Commission asserts that data will be collected in a way that does not shame organizations. However, Estonia's position highlights the risk of drawing parallels.

"Even the mere semblance of similarity to foreign agent laws poses a risk of undermining the European Union's efforts to strengthen civil society in third countries," states the Estonian government's position.

Vivian Loonela disagrees with this view: "I don't see any parallel here. Of course, it is not comparable. What we want is to prevent those who do not share our values from influencing us."

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