introduction to EU LObbying

IF YOU DON’T CARE ABOUT EUROPE,IF YOU DON’T CARE ABOUT EUROPE,EUROPE TAKES CARE OF YOUEUROPE TAKES CARE OF YOU

Basic EU LobbyingBasic EU Lobbying

Jacques FolonJacques FolonPartner EDGE CONSULTINGPartner EDGE CONSULTING

Chargé de cours ICHECChargé de cours ICHEC

Visiting professor Université de MetzVisiting professor Université de Metz

Lecturer Université de LiègeLecturer Université de Liège

Table of ContentTable of Content1.1. What is lobbying?What is lobbying?

2.2. The EU institutionsThe EU institutions

3.3. The EU Legislative processThe EU Legislative process

4.4. Why lobbying?Why lobbying?

5.5. Who are the lobbyists?Who are the lobbyists?

6.6. How to lobby?How to lobby?

7.7. What do the lobbied think ?What do the lobbied think ?

8.8. The lobbyist’s code of conductThe lobbyist’s code of conduct

9.9. There are still some open questionsThere are still some open questions

What do you think is a What do you think is a lobbyist?lobbyist?

• “ ‘“ ‘Lobbyist’ has never been a good word. I grew Lobbyist’ has never been a good word. I grew up in Delaware, and I had to give a speech (...). up in Delaware, and I had to give a speech (...). There were about 50 guys who all knew my There were about 50 guys who all knew my family very well, and I said, ‘because of the family very well, and I said, ‘because of the work I do, I am a registered lobbyist, but please work I do, I am a registered lobbyist, but please do not tell my mother. She still thinks I’m a do not tell my mother. She still thinks I’m a piano player at a whorehouse and would be piano player at a whorehouse and would be horrified to find out I was a lobbyist’horrified to find out I was a lobbyist’

• Anonymous US lobbyistAnonymous US lobbyist

• ““The lobbyist’s book of quotes“, by Ch. de Fouloy.The lobbyist’s book of quotes“, by Ch. de Fouloy.

What is lobbying ?What is lobbying ? Latin „lobia“ => lobby, anteroom Origin lies in England in the 17th century:

approaching members of Parliament in the anteroom of the English House of Commons

„Practice of advocacy with the goal of influencing the legislative of executive bodies by promoting a point of view that is conducive to an individual's or organization's goals”

Negative connotation, but political reality

http://www.youtube.com/watch?v=cMKoDiE-PiY&feature=player_embedded#

Country Rules Governing Lobbyists Australia As of 1 July 2008 there are national rules in place and a register. Originally formulated

and implemented in the 1980s, lobbying rules were then abandoned in 1996. Western Australia (2006), New South Wales (2009), Queensland (2009)

Austria No statutory rulesBelgium No statutory rulesBosnia and Herzegovina

No statutory rules

Canada Federal Level: Rules and Register since the Lobbyists Registration Act of 1989, amended in 1995, 2003 and 2008. Provincial Level: Lobbying regulations exist in Ontario (1998); Nova Scotia (2001); British Columbia (2001); Quebec (2002); Newfoundland (2005) and Alberta (2007).

Coratia No statutory rulesDenmark No statutory rules Estonia No statutory rulesEU: European Parliament

Regulated by Rule 9(2) of the Rules of Procedure, 1996.

EU: Commission

Before 2008, ‘self-regulation’ was the model adopted by the Commission. However, as of 23 June, 2008, the Commission opened a voluntary register of interest representations.

EU: Council No statutory rules

France Indicated its aim to introduce a voluntary parliamentary run register – July 2009.Germany Regulation and registration through rules of procedure of the Bundestag in 1951; later

amended in 1975 and 1980.

Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010

Hungary Regulation of Lobbying Activity since 2006.

Iceland No statutory rules

Japan No statutory rules

Latvia No statutory rules

Lithuania Regulation since 2001.

Luxembourg No statutory rules

India No statutory rules

Ireland No statutory rules

Italy No statutory rules at national level. Nevertheless, regional schemes have been introduced in the Consiglio regionale della Toscana in 2002 and Regione in 2004.

Japan No statutory rules

Malta No statutory rules

Netherland No statutory rules

New Zealand No statutory rules

Norway No statutory rules

Poland Regulations since 2005.

Portugal No statutory rules

Rep Korea No statutory rules

Romania No statutory rules


Serbia No statutory rules

Slovakia No statutory rules

Slovenia No statutory rules

Spain No statutory rules

Sweden No statutory rules

Taiwan Lobbying Act passed on 8/8/2007, came into force on 8/8/2008.

Turkey No statutory rules

United Kingdom

No statutory rules in either Commons or House of Lords.

United States Federal Level: The Lobbying Act 1946, amended in 1995 and 2007. State Level: All states have lobbying regulations.


Europe or Europe(s)Europe or Europe(s)

Many institutionsMany institutions

• Europe in OECD, WTO,… Europe in OECD, WTO,… • SchengenSchengen• Economic and social comitteeEconomic and social comittee• Committee of the regionsCommittee of the regions• European Investment bankEuropean Investment bank• European environment AgencyEuropean environment Agency• EuropolEuropol• Group of 27Group of 27• Etc…Etc…

EUROPEAN COMMISSIONproposes, manages, regulates

EUROPEAN PARLIAMENTcomments, amends, decides

COUNCIL OF MINISTERSnegotiates, decides

MEMBER STATEimplements

EUROPEAN COURTadjudicates

ECONOMIC AND

SOCIAL COMMITTEErepresents economic

and social groups

COMMITTEE OF

THE REGIONSrepresents local

governments

EUROPEAN COUNCILsets the agenda

The EU InstitutionsThe EU Institutions

Everything is on the Web

Reminder…

Eight long years

•Laeken declaration 15 December 2001.

•Convention with 3 objectives

• Clarification of competences• Simplification• more democracy and transparency

• 24/10/2004 constitution signed but …•Referendum in the Netherlands and France•Reflexion period …•Minimal treaty to be signed before the end of 2007

EU Summit Lisbon 13/12/2007Then two years of ratification including Ireland and Polish and Tchek hesitations

1/12/2009 it is done !

One bloc: the European Union

3 treaties LisbonMaastrichtRome

The EU is (finally) a legal entity

Lisbon Treaty is 152 pages of technical jargon modifying the Rome and Maastricht treaty 13 protocoles59 declarations

Remember it was supposed to be simple !!!!!

What is new?What is new?

One president of the European council(and not the president of Europe!)

A VP of the Commission high representative for external affairs and security

More competences for the EU Parliament

More codecision

Sort of referendum (one million eu citizens)

Commission

Until 2014 one commissioner by member stateAfter 2014 number of commissioner = 2/3 number of member states

More powers for the president of the commission (by instance to fire one commissioner).

The legal processThe legal process

The European ParliamentThe European Parliament

Direct election

Part of the codecisionProposals are discussed in commission then in plenary

For each text a rapporteur within the committee« shadow rapporteur » for each political groupRapporteur and « shadow rapporteurs » from other committee

A « coordinator » in each political group

Seats per Seats per Member State in Member State in the EP (785 the EP (785 MEPs)MEPs)

99

77

54 53

35

2724

19 1815 14 13

10 9 8 6

D F, GB, I PL E RO NL B, GR, P,

CZ, H

S A, BG SK DK, SF,

LT

IRL LV SLO EST L, M, CY

Plenary Room Strasbourg

EU Parliament by political EU Parliament by political groupgroup

Men - womenMen - women

CommitteCommitteeses

•Passing European laws

•In many areas, such as consumer protection and the environment, Parliament works together with the Council (representing national governments) to decide on the content of EU laws and officially adopt them. This process is called "Ordinary legislative procedure" (ex "co-decision").•Under the Lisbon Treaty, the range of policies covered by the new ordinary legislative procedure has increased, giving Parliament more power to influence the content of laws in areas including agriculture, energy policy, immigration and EU funds.•Parliament must also give its permission for other important decisions, such as allowing new countries to join the EU.

•Democratic supervision

•Parliament exercises influence over other European institutions in several ways.•When a new Commission is appointed, its 27 members – one from each EU country – cannot take up office until Parliament has approved them. If the Members of the European Parliament disapprove of a nominee, they can reject the entire slate.•Parliament can also call on the Commission to resign during its period in office. This is called a 'motion of censure’.•Parliament keeps check on the Commission by examining reports it produces and by questioning Commissioners. Its committees play an important part here.•MEPs look at petitions from citizens and sets up committees of inquiry.•When national leaders meet for European Council summits, Parliament gives its opinion on the topics on the agenda.

•Supervising the budget

•Parliament adopts the EU’s annual budget with the Council of the European Union.•Parliament has a committee that monitors how the budget is spent, and every year passes judgement on the Commission's handling of the previous year's budget.

Code of Conduct for MEPCode of Conduct for MEP• Financial declaration Financial declaration

• MEPs will have to state, publicly and on line, any professional activity performed during the three MEPs will have to state, publicly and on line, any professional activity performed during the three years before their election, as well as any membership of any board of companies, NGOs and/or years before their election, as well as any membership of any board of companies, NGOs and/or associations held during that period or currently. associations held during that period or currently.

• Any remunerated activity undertaken during the term of office, including writing, lecturing and Any remunerated activity undertaken during the term of office, including writing, lecturing and providing expert advice, even if occasional, will have to be made public if it earns more than providing expert advice, even if occasional, will have to be made public if it earns more than €5,000 a year. €5,000 a year.

• Financial support of any nature and any financial interest that may cause a conflict of interests Financial support of any nature and any financial interest that may cause a conflict of interests will also have to be disclosed. Any change to the declaration must be notified within 30 days and will also have to be disclosed. Any change to the declaration must be notified within 30 days and in the event of failure, the member will no longer be eligible to hold offices within Parliament. in the event of failure, the member will no longer be eligible to hold offices within Parliament.

• Gifts Gifts

• Any gift or benefit valued at more than €150 received by an MEP during the performance of his Any gift or benefit valued at more than €150 received by an MEP during the performance of his or her duty must be refused or, if the MEP was officially representing Parliament, passed on to or her duty must be refused or, if the MEP was officially representing Parliament, passed on to Parliament's President. Reimbursement of direct costs will not be deemed a gift, if the event is Parliament's President. Reimbursement of direct costs will not be deemed a gift, if the event is attended further to an official invitation. attended further to an official invitation.

• Sanctions Sanctions

• Should the code be breached, and upon a decision by the President after having consulted an advisory committee, a Should the code be breached, and upon a decision by the President after having consulted an advisory committee, a member may be sanctioned with a reprimand, a forfeiture of the daily allowance from two up to ten days, temporary member may be sanctioned with a reprimand, a forfeiture of the daily allowance from two up to ten days, temporary suspension from Parliament's activities (not including the right to vote) for a maximum of 10 days, or the loss of the suspension from Parliament's activities (not including the right to vote) for a maximum of 10 days, or the loss of the role of rapporteur or other elected offices within Parliament (for the latter two sanctions, a confirmatory decision by role of rapporteur or other elected offices within Parliament (for the latter two sanctions, a confirmatory decision by the President is needed). Any such sanctions will be published on Parliament's web site. the President is needed). Any such sanctions will be published on Parliament's web site.

• Former MEPs Former MEPs

• Former MEPs who subsequently work as lobbyists in a field directly linked to EU affairs will not benefit from the Former MEPs who subsequently work as lobbyists in a field directly linked to EU affairs will not benefit from the facilities otherwise provided, during the time of such activity.facilities otherwise provided, during the time of such activity.

• Advisory committee Advisory committee

• An advisory committee will provide guidance to MEPs and advise the President on what steps to take in the event of An advisory committee will provide guidance to MEPs and advise the President on what steps to take in the event of alleged breaches of the code.alleged breaches of the code.

• Next steps Next steps

• Parliament's Bureau will lay down measures for implementing the code of conduct, and in particular for the Parliament's Bureau will lay down measures for implementing the code of conduct, and in particular for the introduction of a monitoring procedure. introduction of a monitoring procedure.

• The code of conduct was approved with 619 votes in favour, 2 against and 6 abstentions. The new rules enter into The code of conduct was approved with 619 votes in favour, 2 against and 6 abstentions. The new rules enter into force on 1 January 2012. force on 1 January 2012.

CommissionCommission

• InitiativeInitiative

• ExecutiveExecutive

• Safegard of the treatySafegard of the treaty

• Represent the UnionRepresent the Union

• Competition authorithyCompetition authorithy

Source: touteleurope.eu

Commission’s different Commission’s different documentsdocuments

DG/Département JuridiqueDG/Département Juridique

Action plan initiatives to come within 12 to 60 months

Green book open document subject to discussions

White book document with a claer goal subject to discussion

Communication ideas subject to discussions

DirectiveMust be transformed in national law

Reglement immediately applicable in the member states

Development of a proposalDevelopment of a proposalDraft Proposal from DG Responsible

Inter-service consultation: Other DGs consulted

Legal Services Examination

Heads of Cabinet

Commission College:Adoption of the Proposal

CouncilCouncil

The basics…The basics…• Consists of Member State representativesConsists of Member State representatives

• Meets in different formations according to policy areas (e.g.: Meets in different formations according to policy areas (e.g.: Environment, Agriculture, Health)Environment, Agriculture, Health)

• Main decision-making body of EUMain decision-making body of EU– Co-legislator with ParliamentCo-legislator with Parliament– Concludes international agreements on behalf of EUConcludes international agreements on behalf of EU

• Decision making:Decision making:– Decisions by qualified majority with system of weighted votesDecisions by qualified majority with system of weighted votes– Shifting alliancesShifting alliances– Slowing down with 27 Member StatesSlowing down with 27 Member States

• Essentially the domain of government officialsEssentially the domain of government officials– Politicians only called in for to rubber stamp final decisionsPoliticians only called in for to rubber stamp final decisions

Source: Your Guide to EU Lobbying & Social Media Caroline De Cock

• Rotating Presidency Rotating Presidency every six monthsevery six months

• New role for council New role for council president ?president ?

• In practice, depending on In practice, depending on the Member State each the Member State each Presidency is different Presidency is different and quality variesand quality varies

EU Council PresidencyEU Council Presidency

The Council: internal The Council: internal structurestructure

Council of Ministers

COREPER

Council Working Groups

Presidency: manages process

andwork-flow

Input from Member States

Council Working Council Working GroupsGroups

- Member State Officials- Attachés

27 Delegationscomposed of

Tour de table= 135 minutes

The « compromis à la belge » The « compromis à la belge » system system

• The H word: Harmonisation.The H word: Harmonisation.• What does it meansWhat does it means• Where does it start?Where does it start?

– Your companyYour company– Your regionYour region compromise 1compromise 1– Your countryYour country compromise 2compromise 2– Your national federationYour national federation compromise 3compromise 3– The eu organization The eu organization compromise 4compromise 4– The co-decisionThe co-decision compromise 5compromise 5– The various lobbiesThe various lobbies compromise 6compromise 6– The final text The final text compromise 7compromise 7– The implementation The implementation compromise 8compromise 8– That’s harmonization folks…That’s harmonization folks…

EU TRIANGLE

Counsel

Member states

Commission

EU Voice

Parliament

Citizen’s voices

Relations entre institutions

PARLEMENT EUROPEEN

[785 députés]

COMMISSION EUROPEENNE

[27 commissaires]

COUR DE JUSTICE

Respect du droitcommunautaire

PropositionExécution

CONSEIL EUROPEEN[Chefs d ’Etat et de gouvernement

+ le Président de la Commission]

Impulsion

politique

COMITE ECONOMIQUE

ET SOCIAL

COMITEDES

REGIONSCOUR DES COMPTES

Consultation

Contrôle des Finances

communautaires

CONSEIL DES MINISTRES

[27 pays]

Contrôle

Vote

OCT 01

EUROPEAN COMMISSION

EUROPEAN PARLIAMENT (EP)

COUNCIL OF MINISTERS (EU MEMBER STATES)

COMMISSION PROPOSAL

EP PLENARY VOTE (1st READING)

COUNCIL ADOPTS COMMON POSITION (1st STAGE

AGREEMENT)

OCT 02

NOV 03

COUNCIL AGREES AND ADOPTS

COREPER REJECTS SOME EP AMENDMENTS

EP AND COUNCIL MEET TO NEGOTIATE

COMPROMISE TEXT (CONCILIATION PROCEDURE)

DIRECTIVE IS ADOPTED REJECTION

JAN 04

OCT 02

MEMBER STATES IMPLEMENT DIRECTIVE INTO NATIONAL LEGISLATION / REQUIREMENTS OF REGULATION BECOME APPLICABLE

EP COMMITTEES DISCUSS DRAFT REPORT/OPINIONS

OCT 03

DEC 03

COMMISSION AMENDED PROPOSAL

FEB-APRIL 04

MAY 02

EP ENVIRONMENT COMMITTEE VOTE

EP ENVIRONMENT COMMITTEE DISCUSSION

EP PLENARY VOTE (2nd READING)

EP ENVIRONMENT COMMITTEE VOTE

EC

EP

EP

EP

EP

EP

EP

EP

EP ENVIRONMENT COMMITTEE RECEIVES COMMON POSITION (2nd

READING)

JAN 04

EP

No later than 18 months after adoption

CL FEB 04

OCT 01EP

EC: CommissionCL: CouncilEP: Parliament

RAPPORTEURS TABLE DRAFT REPORTS/OPINIONS

TRIALOGUE (EP, COM, COUNCIL)

RAPPORTEURS APPOINTED

NOV 03CL

DEADLINE FOR AMENDMENTS

CL JUNE 03

HEALTH WORKING GROUP MEETINGS

JAN 04EC

COUNCIL HEALTH WORKING GROUP INTENSE

NEGOTIATIONS

COMMISSION AMENDED PROPOSAL

Co-Decision is now the norm

Be at the right place at the right timeBe at the right place at the right time

Stages Addressee for Lobbying

Commission proposal

Council (Working Group, Coreper,

Council of Ministers) - First Reading

European Parliament

First reading

Common Position of the Council

European Parliament – second readingposs. Conciliation procedure–3rd reading

Adoption of legislation

ConsultationI. Working/Strategy Paper

II. Green/White Book, CommunicationIII. Online Consultation

IV. HearingAttending hearing

European Commission

Addressing author of documents

Responsible National Ministry

MEP’s in responsible committee, Rapporteur

(Commission)

Attending hearing(poss. Hearing of experts)


MEP’s in responsible committee

Rapporteur

Rapporteur


Brussels the place to be !Brussels the place to be !

80% of national law comes from EU80% of national law comes from EU

Necessary to be there in orderNecessary to be there in orderto anticipateto anticipateto be heard on timeto be heard on time

Commission

Lobbyist

Committees (national experts and European Commission)

Committees of the european Parliament

Permanent Representation

to the European inst.

Council‘s Working Groups

European Parliament

European Economic and Social Committee

COREPER

Lobbyist

Council

European Court of Justice

Member States

EU-citizens

Lobbyist

Opinion Opinion

Proposal

OpinionOpinion

Directive

Regulation

EU – Legislative proces and the lobbyists

Lobbyist

Bruxelles: tout le monde est là donc …

Commission

Parlement

Conseil des Ministres

Services financiers

FBE, EACB, ESBG,GEBC, EUROFINAS,

EFAMA, CEA, …)

Think tanks(Eurofi, Bruegel,

CEPS, EPC, …)

Consultants enAffaires UE &

cabinets d’avocat

Medias & journaux

Syndicatsd’industrie locaux

(MEDEF, FBF, AFG, …)

Secteur privé(Crédit Agricole S.A., Daimler Chrysler, …)

Les régions & Collectivités

locales

ONG

Organisations Internationales

(NUs, Banque Mondiale, …)

Chambres de commerce et

d’industrie

Groupes de Consommateurs

(BEUC)

Représentations des

Etats membres

Syndicats de branche d’activité

(Business Europe, EBIC, ACEA,

CEFIC, …)

Syndicats de Travailleurs

(ETUC, …)

Veille règlementaire européenne

Dir

ecti

on

ju

rid

iqu

e

Aff

air

es

Eu

rop

éen

nes

Dir

ecti

on

str

até

giq

ues

Dir

ecti

on

Econ

om

iqu

e

Lig

nes d

e

méti

er

Syndicats d’industrie(FBE, FBF,

EACB, GEBC,Eurofinas, …)

Think tank

Consultants spécialisés Affaires UE Medias &

journauxInstitutions Européennes

Correspondant à Bruxelles

Lobbies in Brussels Lobbies in Brussels

approx. 5000 organisations representing various interests

approx. 30.000 lobbyists approx. 30.000 commission officials (40% of

them are translators and interpreters)

Almost 1 lobbyist per commission official

What are interest groups?What are interest groups?

• An interest group (also An interest group (also called an advocacy group, called an advocacy group, lobbying group, pressure lobbying group, pressure group (UK), or special group (UK), or special interest) is a group, interest) is a group, however loosely or tightly however loosely or tightly organized, doing advocacy: organized, doing advocacy: those determined to those determined to encourage or prevent encourage or prevent changes in public policy changes in public policy without trying to be elected. without trying to be elected.

• An interest group (also An interest group (also called an advocacy group, called an advocacy group, lobbying group, pressure lobbying group, pressure group (UK), or special group (UK), or special interest) is a group, interest) is a group, however loosely or tightly however loosely or tightly organized, doing advocacy: organized, doing advocacy: those determined to those determined to encourage or prevent encourage or prevent changes in public policy changes in public policy without trying to be elected. without trying to be elected.

LobbyingLobbying• Lobbying is an attempt to Lobbying is an attempt to

influence policy-makers to adopt influence policy-makers to adopt a course of action advantageous, a course of action advantageous, or not detrimental, to a or not detrimental, to a particular group or interest. particular group or interest.

• A lobbyist is a person employed A lobbyist is a person employed by a group, firm, region or by a group, firm, region or country to carry out lobbying.country to carry out lobbying.

• Lobbyists in Brussels are also Lobbyists in Brussels are also known as consultants or public known as consultants or public affairs practitionersaffairs practitioners

Theoretical Theoretical approachesapproaches

• Negative ideas on power of interest groupsNegative ideas on power of interest groups. .

• Some authors find the existence of the interest groups as Some authors find the existence of the interest groups as disturbing democratic process. disturbing democratic process.

• For these Authors, powerful groups dominate politics and For these Authors, powerful groups dominate politics and impose their own interests at the extend of common interests. impose their own interests at the extend of common interests.

• Different from political parties, they are not aspiring for formal Different from political parties, they are not aspiring for formal political power both in the government or in the parliament. political power both in the government or in the parliament.

• As such they are not subject to democratic control (via As such they are not subject to democratic control (via election). They participate in the political process through election). They participate in the political process through lobbies with representatives and government officials. lobbies with representatives and government officials.

• Pluralism.Pluralism.

• The main character of a democratic The main character of a democratic system is competition of interest. system is competition of interest.

• Common interests are not what the state Common interests are not what the state defines, but a result of political bargaining defines, but a result of political bargaining in the society, in the diversity of interests in the society, in the diversity of interests represented by various autonomous represented by various autonomous interest groups.interest groups.

Theoretical approachesTheoretical approaches

Theoretical approachesTheoretical approaches• Corporatism. Corporatism. • This theory assumes a close association between state This theory assumes a close association between state

and interest groups. and interest groups.

• Interest groups within this system have special Interest groups within this system have special characteristics: officially recognised, monopoly of characteristics: officially recognised, monopoly of representation within particular sectors. representation within particular sectors.

• It is political participation of different style or, more It is political participation of different style or, more appropriately, part of a regulation system rather than appropriately, part of a regulation system rather than competitive participation in the political process. competitive participation in the political process.

• It does not reflect the influence of the society’s It does not reflect the influence of the society’s interests. Rather it reflects the problems of conflicts of interests. Rather it reflects the problems of conflicts of society’s interests in the state.society’s interests in the state.

Main types of IG’s in the EUMain types of IG’s in the EU• Private interests, pursuing specific Private interests, pursuing specific

economic goalseconomic goals– 1300 (plus 270 law firms and consultancies)1300 (plus 270 law firms and consultancies)

• Public interest bodies, pursuing non-Public interest bodies, pursuing non-economic aimseconomic aims– 300 (plus 40 think tanks)300 (plus 40 think tanks)

• Governmental actors, representing Governmental actors, representing different levels of government but not different levels of government but not forming part of the national administration forming part of the national administration of member statesof member states– 360 (embassies, regional bureaus, cities)360 (embassies, regional bureaus, cities)

Private economic interestsPrivate economic interests• Most represented Most represented

– 150 groups – chemical industry150 groups – chemical industry– 140 groups – food and drink sector140 groups – food and drink sector– 88 groups – agriculture and fisheries88 groups – agriculture and fisheries

• Best represented – Pan-european groups:Best represented – Pan-european groups:– Business EuropeBusiness Europe– European Trades Union Confederation (ETUC)European Trades Union Confederation (ETUC)– Committee of Agricultural Organizations Committee of Agricultural Organizations

(COPA) (COPA) – They also participate in the Economic and They also participate in the Economic and

Social Committee of the European CommissionSocial Committee of the European Commission

Private economic interestsPrivate economic interests

• The biggest enterprises are not only The biggest enterprises are not only members of different interest groups but members of different interest groups but have their own lobbying offices in have their own lobbying offices in Brussels (Philips, IBM, Philip Morris)Brussels (Philips, IBM, Philip Morris)

• 320 major European enterprises have full-320 major European enterprises have full-time EU public affairs directorstime EU public affairs directors

• Chambers of commerce don’t come only Chambers of commerce don’t come only from EU countries but also from the US, from EU countries but also from the US, Turkey, Norway, Morocco, or the Turkey, Norway, Morocco, or the Philippines Philippines

Public interest bodiesPublic interest bodies

• Among the most active are Among the most active are environmental, public health, human environmental, public health, human rights, animal welfare NGOsrights, animal welfare NGOs

• Also includes think tanksAlso includes think tanks

• Many smaller organizations actually Many smaller organizations actually get funding by the EUget funding by the EU

Governmental ActorsGovernmental Actors• 167 Non-EU country embassies167 Non-EU country embassies

– Mostly try to influence EUs trade and aid policiesMostly try to influence EUs trade and aid policies

• Delegations from local authorities or Delegations from local authorities or regional bodies: German Länder, Scottish regional bodies: German Länder, Scottish Executive, …Executive, …– some of the delegations are cross-border some of the delegations are cross-border

enterprisesenterprises– Committee of Region is an official advisory body Committee of Region is an official advisory body

to the European Commission to the European Commission

Council

Adoption

Commission(amendments)

Parliament(2nd reading)

Council = Common Position

COREPER

Council Working Group

Commission proposal

24/30 months

Com

mis

sion

invo

lvem

ent t

hrou

ghou

t

Conciliation

EP/Council

Commission (revision)

Parliament (1st reading)Council Working Group

The Lobbying pyramidThe Lobbying pyramid

How to Lobby the council How to Lobby the council

• Influencing the Council can be done at two levels:Influencing the Council can be done at two levels:– National governments and ministriesNational governments and ministries– Permanent representations in BrusselsPermanent representations in Brussels

• Important to build support around an issue in enough Important to build support around an issue in enough member states so as to ensure a majority or a blocking member states so as to ensure a majority or a blocking minorityminority

• Lobbying the government is key in order to influence the Lobbying the government is key in order to influence the Council’s positionCouncil’s position

How to lobby the How to lobby the commissioncommission

• The Commission is a technocratic body, and officials respond to data The Commission is a technocratic body, and officials respond to data and argumentsand arguments

• However, when lobbying you need to be aware of different DGs’ However, when lobbying you need to be aware of different DGs’ political priorities, and those of the Commissionerpolitical priorities, and those of the Commissioner

• One DG is responsible for a dossier, but agreement is reached by the One DG is responsible for a dossier, but agreement is reached by the Commission as a whole and different DGs interact throughout out the Commission as a whole and different DGs interact throughout out the adoption process of a proposaladoption process of a proposal

• Within the same DG, it is important to work your way up the Within the same DG, it is important to work your way up the Commission’s structure: from the policy officer to the head of unit, to Commission’s structure: from the policy officer to the head of unit, to the Director and finally the Cabinet.the Director and finally the Cabinet.

• The right moment to influence the Commission is when they are in The right moment to influence the Commission is when they are in process of drafting the proposalprocess of drafting the proposal

• During the adoption of legislation the Commission is present at each During the adoption of legislation the Commission is present at each stage of the discussions and a key player, do not underestimate its stage of the discussions and a key player, do not underestimate its influenceinfluence

Checklist of key pointsChecklist of key points• Know your business objectiveKnow your business objective• Understand the system: its Understand the system: its

politics and processespolitics and processes• Establish the right lobbying Establish the right lobbying

objectiveobjective• Obtain good intelligence Obtain good intelligence • Review and revise strategy in Review and revise strategy in

real-timereal-time• GR is a process – start early GR is a process – start early

and follow throughand follow through• Consistency and co-Consistency and co-

ordination are keywordsordination are keywords• Contact is key – with Contact is key – with

politicians, officials, otherspoliticians, officials, others• Build relationshipsBuild relationships

Influencing the Enlarged Influencing the Enlarged EU:EU:Conclusions for BusinessConclusions for Business

• Start early in the processStart early in the process

• Mobilise supportMobilise support

• Target the right actorsTarget the right actors

• Build and maintain relationshipsBuild and maintain relationships

• Increase focus on the EPIncrease focus on the EP

• Watch out for a “multi-speed Watch out for a “multi-speed Europe”Europe”

The Burson-Marsteller The Burson-Marsteller Campaign ModelCampaign Model

Checklist: effective EU-Checklist: effective EU-LobbyingLobbying• Do I have all and up-to-date information?Do I have all and up-to-date information?

• What is my objective? Clear, precise and “European” What is my objective? Clear, precise and “European” arguments, anticipate counter-argumentsarguments, anticipate counter-arguments

• Who is my target group? Technical or political level?Who is my target group? Technical or political level?

• Language?Language?

• How do I communicate my position? Conversation, How do I communicate my position? Conversation, position paper, public consultation, media?position paper, public consultation, media?

• When is the best time? In time before and during When is the best time? In time before and during formal decision process.formal decision process.

• Do I find allies/support?Do I find allies/support?

The results of the Burson-Marsteller The results of the Burson-Marsteller 2009 Lobbying Survey2009 Lobbying Survey

The results of the Burson-Marsteller The results of the Burson-Marsteller 2009 Lobbying Survey2009 Lobbying Survey

travel

I will change the n° of the pages later this morning.

How transparent are lobbyists? How transparent are lobbyists? •NGOs received higher ratings in NGOs received higher ratings in Northern European countries (e.g. Northern European countries (e.g. 8.358.35 in Norway and in Norway and 8.198.19 in in Denmark) and Brussels (Denmark) and Brussels (7.67.6) ) (Germany 6.8)(Germany 6.8)

•Brussels regulators and politicians Brussels regulators and politicians largely share this view, with largely share this view, with companies being seen as most companies being seen as most transparent (transparent (7.967.96) ) (Germany 8.0)(Germany 8.0)

•In Brussels (and generally across In Brussels (and generally across Europe), public affairs agencies Europe), public affairs agencies ((5.715.71) ) (Germany 6.3)(Germany 6.3) are seen as are seen as somewhat more transparent than somewhat more transparent than law firms (law firms (5.335.33) ) (Germany 5.45)(Germany 5.45)

•NGOs received higher ratings in NGOs received higher ratings in Northern European countries (e.g. Northern European countries (e.g. 8.358.35 in Norway and in Norway and 8.198.19 in in Denmark) and Brussels (Denmark) and Brussels (7.67.6) ) (Germany 6.8)(Germany 6.8)

•Brussels regulators and politicians Brussels regulators and politicians largely share this view, with largely share this view, with companies being seen as most companies being seen as most transparent (transparent (7.967.96) ) (Germany 8.0)(Germany 8.0)

•In Brussels (and generally across In Brussels (and generally across Europe), public affairs agencies Europe), public affairs agencies ((5.715.71) ) (Germany 6.3)(Germany 6.3) are seen as are seen as somewhat more transparent than somewhat more transparent than law firms (law firms (5.335.33) ) (Germany 5.45)(Germany 5.45)

Which are the most effective lobbyist?Which are the most effective lobbyist?• The ranking differs The ranking differs

slightly for Brussels were slightly for Brussels were NGOs rank third with NGOs rank third with

6.426.42• Public Affairs agencies Public Affairs agencies

effectiveness peaks in effectiveness peaks in Austria (6,72) and Austria (6,72) and Germany (6,61%)Germany (6,61%)

• All categories of lobbyists All categories of lobbyists in in the Netherlands the Netherlands are are perceived as perceived as lessless effective with rates effective with rates

ranging from ranging from 4.684.68 for for

trade unions to trade unions to 3.323.32 for companiesfor companies

Effectiveness of lobbying: Industry vs. NGOEffectiveness of lobbying: Industry vs. NGO

Poor practices frequently commited Poor practices frequently commited by Industry & NGOsby Industry & NGOs

Good Lobbyists…(Commission Good Lobbyists…(Commission view)view)

• Provide balanced viewsProvide balanced views• Target informationTarget information• Give practical solutionsGive practical solutions• Mobilise other interest groupsMobilise other interest groups• Don’t waste timeDon’t waste time• Work in partnership with officialsWork in partnership with officials• React to requestsReact to requests• Keep in touchKeep in touch• Make timely interventionsMake timely interventions• Lobby EU capitals as well as BrusselsLobby EU capitals as well as Brussels

Bad Lobbyists…(Commission Bad Lobbyists…(Commission view)view)

• Lack understanding of what Commission Lack understanding of what Commission can/can’t docan/can’t do

• Don’t compromiseDon’t compromise

• Make shallow argumentsMake shallow arguments

• Intervene too lateIntervene too late

• Bombard officials with E-mailsBombard officials with E-mails

• Are aggressiveAre aggressive

• Provide general information Provide general information

• Are unfocusedAre unfocused

• Rely on one-off contactsRely on one-off contacts

• Make little personal contactMake little personal contact

In Conclusion:In Conclusion:Lobbying the EU SystemLobbying the EU System

• Integral to EU legislative & regulatory Integral to EU legislative & regulatory systemsystem

• Welcome if conducted in an ethical Welcome if conducted in an ethical mannermanner

• Effective if intelligent and professionalEffective if intelligent and professional

• Influence a function of interests Influence a function of interests representedrepresented

FINAL THOUGHTS…FINAL THOUGHTS…

• « « Everybody is a foreigner in Brussels »Everybody is a foreigner in Brussels »

• Effectiveness = strategy and performanceEffectiveness = strategy and performance

• « Networking » is the differentiating factor« Networking » is the differentiating factor

• ““Trust” is the essential personal assetTrust” is the essential personal asset

Code of conduct

Interest representatives are expected to apply the principles of openness, transparency, honesty and integrity, as legitimately expected of them by citizens and other

stakeholders.Similarly, Members of the Commission and staff are bound by strict rules ensuring their impartiality. The

relevant provisions are public and contained in the Treaty establishing the European Community, the Staff Regulations,

the Code of Conduct for Commissioners and the Code of good administrative behaviour.

RULES : Interest representatives shall always:

1.identify themselves by name and by the entity(ies) they work for or represent;2.not misrepresent themselves as to the effect of registration to mislead third parties and/or EU staff;3.declare the interests, and where applicable the clients or the members, which they represent;4.ensure that, to the best of their knowledge, information which they provide is unbiased, complete, up-to-date and not misleading;5.not obtain or try to obtain information, or any decision, dishonestly;6.not induce EU staff to contravene rules and standards of behaviour applicable to them;7.if employing former EU staff, respect their obligation to abide by the rules and confidentiality requirements which apply to them.

http://www.youtube.com/watch?v=Ddq9WDo3Aoc

Problems of Lobbying in the Problems of Lobbying in the EUEU• • Distorted information is provided to Distorted information is provided to the EU institutions about the possible the EU institutions about the possible economic, social or environmental economic, social or environmental impact of draft legislative proposals.impact of draft legislative proposals.

• • Modern communication technologies Modern communication technologies (internet and e-mail) make it easy to (internet and e-mail) make it easy to organise mass campaigns for or organise mass campaigns for or against a given cause, without the EU against a given cause, without the EU institutions being able to verify to institutions being able to verify to what extent these campaigns reflect what extent these campaigns reflect the genuine concerns of EU citizens.the genuine concerns of EU citizens.

The legitimacy of interest representation by The legitimacy of interest representation by European NGOs is sometimes questioned because European NGOs is sometimes questioned because some NGOs seem to rely on financial support some NGOs seem to rely on financial support from the EU budget as well as on political and from the EU budget as well as on political and financial support from their members.financial support from their members.

• • By contrast, according to many NGOs, there is no By contrast, according to many NGOs, there is no level playing field in lobbying because the level playing field in lobbying because the corporate sector is able to invest more financial corporate sector is able to invest more financial resources in lobbying.resources in lobbying.

• • In general terms, there is criticism about the lack In general terms, there is criticism about the lack of information about the lobbyists active at EU of information about the lobbyists active at EU level, including the financial resources which they level, including the financial resources which they have at their disposal.have at their disposal.

And the war is clearly not And the war is clearly not finishedfinished

http://www.alter-eu.org/

Future regulations ?Future regulations ?

• Should not be a matter of voluntarily Should not be a matter of voluntarily complying like current EU Commissioncomplying like current EU Commission

• Regulations - codified, formal rules passed by Regulations - codified, formal rules passed by government and written in law that is enforced government and written in law that is enforced and must be respected. and must be respected.

• Noncompliance results in penalisation, fines or Noncompliance results in penalisation, fines or jail.jail.


Examples of such rules:• Register with the state before contact can be made with

public officials,

• Indicate which public actors the lobbyist intends to influence,

• Provide state with individual/employer spending reports

• Have a publicly available list with lobbyists details available for citizens to scrutinize,

• Former legislators cannot immediately become lobbyists once they have left public office (‘cooling off’ period).

Theoretical justification is based on ensuring transparency and accountability.


• Germany, the EP, the EU Commission, and Poland.

Characteristics:• Individual registration, but little details given• Does not recognize executive branch lobbyists.• No rules on individual spending disclosure.• Weak system for on-line registration• Lobbyists lists are available to the public, but not all details

collected/given • No Cooling-Off period – exception Poland and EU Commission.

Lowly Regulated Systems


• All Canadian jurisdictions, several US states, Lithuania, Hungary, all Australian jurisdictions and Taiwan.

Characteristics:• Individual registration more detailed• Recognizes executive branch lobbyists - exception Hungary• Some regulations on individual spending disclosures - exception

Australia federal• On-line registration (Ontario very efficient ) • Public access to frequently updated lobbying register• State agency conducts mandatory reviews/audits• Cooling off period before former legislators can register as lobbyists -

exception Hungary.

Medium Regulated Systems


• America federal and states.

Characteristics:• Rigorous rules on individual registration • Recognizes executive branch lobbyists• Strong regulations on individual spending disclosure• Strong regulations on employer spending disclosure • On-line registration• Public access to frequently updated lobbying register• State agency conducts mandatory reviews/audits – with statutory

penalties for late/incomplete filing of registration form. • Cooling off period before former legislators can register as lobbyists

Highly Regulated Systems


Lowly Regulated Systems

Medium Regulated Systems

Highly Regulated Systems

Registrationregulations

Rules on individual registration, but few details required

Rules on individual registration, more details required

Rules on individual registration are extremely rigorous

Targets of Lobbyists Defined

Only members of the legislature and staff

Members of the legislature and staff; executive and staff; agency heads and public servants/officers

Members of the legislature and staff; executive and staff; agency heads and public servants/officers

Spending disclosure

No rules on individual spending disclosure, or employer spending disclosure

Some regulations on individual spending disclosure; none on employer spending disclosure

Tight regulations on individual spending disclosure, and employer spending disclosure

Electronic filing Weak on-line registration and paperwork required

Robust system for on-line registration, no paperwork necessary

Robust system for on-line registration, no paperwork necessary

Public access List of lobbyists available, but not detailed, or updated frequently

List of lobbyists available, detailed, and updated frequently

List of lobbyists and their spending disclosures available, detailed, and updated frequently

Enforcement Little enforcement capabilities invested in state agency

In theory state agency possesses enforcement capabilities, though infrequently used

State agency can, and does, conduct mandatory reviews /audits

Revolving door provision

No cooling off period before former legislators can register as lobbyists

There is a cooling off period before former legislators can register as lobbyists

There is a cooling off period before former legislators can register as lobbyists

So lobbying will continue to So lobbying will continue to exist…exist…

And do not imagine it’s not And do not imagine it’s not therethere

Jacques FolonJacques Folon+ 32 475 98 21 15+ 32 475 98 21 15

[email protected] [email protected] [email protected] [email protected]

QUESTIONS ?QUESTIONS ?

Sources and referencesSources and references• EU commission web site http://europa.eu/index_fr.htm EU commission web site http://europa.eu/index_fr.htm

• Burson marsteller Burson marsteller http://www.burson-marsteller.com/default.aspx http://www.burson-marsteller.com/default.aspx

• http://www.euractiv.com/fr/ http://www.euractiv.com/fr/

• http://www.lobbying-europe.com/http://www.lobbying-europe.com/

• Source: Regulating Lobbying: Promoting Transparency or Straw Source: Regulating Lobbying: Promoting Transparency or Straw ManMan, , Presented by: Presented by: Professor Gary Murphy, Dublin City Professor Gary Murphy, Dublin City University TCD, 12University TCD, 12thth March 2010 March 2010

•

introduction to EU LObbying

Education

Transcript of introduction to EU LObbying