or by accepting donations exceeding the costs associated with the design,

I'm guessing that's what you are referring to, this is not relevant to normal donations, but only a use of "donations" to circumvent regulation.
Show me any FOSS project that has donations exceeding costs of development, it's basically non existent, only the Linux kernel project itself, which is fair enough to be covered, since the Linux kernel is driven by commercial interests today, and "donations" are payment for membership and influence.

The claim originally in this line of debate was that small projects could risk this, and no they can't, only projects that are in reality commercial are affected. Those are very few, like Red Hat and the Linux kernel itself.
The legislators in EU are not morons, and they actually listen to the FOSS community.