EU Lobbying, Ethics and Transparency: “Do”-s and “Don’t”-s Transcript + Q&A

EU Lobbying, Ethics a
EU Lobbying, Ethics and Transparency: “Do’s and Don’ts”
Please note that the following transcript has been edited to make reading easier and may slightly differ from what
was said in the webinar recording. Disclaimer: We aim to ensure a high level of accuracy, but the webinar and the
transcript are for information purposes only and they cannot be considered as legally binding.
Speaker: Robert Mack (moderator: András Baneth)
Robert Mack is the Chairman of B
be familiar with Burson-Marsteller, they are one of the largest and the most professional public
affairs companies in Brussels dealing with
I am András Baneth, Director of the European Training Academy. We
decision-making, EU regulatory affairs and related topics.
coming up soon on Impact Assessment so if you are interested in any of these topics
to check our site.)
Here I would pass the word to Robert and he will actually go into the presentation itself.
enjoy, take notes and feel free to ask questions.
Brussels and Transparency
Thank you for your interest in this topic today and
remainder of the hour. You should see on your screen now the sort of topics that we are g
to be covering today. I’m going to
how Brussels has become so focused on transparency
think is a very, very good thing.
We will look a little bit into Institutional Rules on Lobbying
on the EU Lobbying register. I am not go
but I will talk a little bit about the principle
And then we will get into Institutional Codes of Conduct
behaviour of politicians and officials inside the institutions
do as lobbyists.
And then a brief word on the point about
some conclusions for all of us practitioners
Mr. Santer, a French lady and her dentist: the story starts in 1999
Our story starts maybe in 1999 with the Santer
allegations of improper behaviour
French woman, the Commissioner
EU Lobbying, Ethics and Transparency: “Do”-s and “Don’t”-s
Disclaimer: We aim to ensure a high level of accuracy, but the webinar and the
transcript are for information purposes only and they cannot be considered as legally binding.
(moderator: András Baneth)
Robert Mack is the Chairman of Burson-Marsteller’s EMEA Public Affairs practice
Marsteller, they are one of the largest and the most professional public
affairs companies in Brussels dealing with a large scope of activities and policies in the EU are
f the European Training Academy. We run training courses on EU
making, EU regulatory affairs and related topics. (There’s an important seminar
Impact Assessment so if you are interested in any of these topics
to Robert and he will actually go into the presentation itself.
enjoy, take notes and feel free to ask questions. Thank you.
ur interest in this topic today and for taking the time to be with us during the
remainder of the hour. You should see on your screen now the sort of topics that we are g
going to start by trying to give a little bit of historical background
e so focused on transparency which, to be very clear on the
Institutional Rules on Lobbying and particularly that focuses notably
on the EU Lobbying register. I am not going to go into nuts and bolts of how the register works
but I will talk a little bit about the principles behind it.
Institutional Codes of Conduct because they set requirement
of politicians and officials inside the institutions which, of course, i
And then a brief word on the point about Access to Documents and then trying to wrap up
or all of us practitioners.
Mr. Santer, a French lady and her dentist: the story starts in 1999
Our story starts maybe in 1999 with the Santer Commission which had to resign
behaviour. It all had to do with a man from Luxembourg, Mr. Santer, a
French woman, the Commissioner Edith Cresson and her dentist. I won’t go into the
Disclaimer: We aim to ensure a high level of accuracy, but the webinar and the
Public Affairs practice. As you might
Marsteller, they are one of the largest and the most professional public
policies in the EU arena.
training courses on EU
mportant seminar
Impact Assessment so if you are interested in any of these topics, make sure
to Robert and he will actually go into the presentation itself. Please
the time to be with us during the
remainder of the hour. You should see on your screen now the sort of topics that we are going
historical background to
to be very clear on the outside, I
and particularly that focuses notably
go into nuts and bolts of how the register works
requirements on the
of course, impacts what we
and then trying to wrap up
Commission which had to resign over issues and
urg, Mr. Santer, a
and her dentist. I won’t go into the

background but it basically had to do with accusations of what can be called
contracts and business to close allies who shoul
The important point is that it triggered a whole set of activities and reforms inside the EU
institutions to ensure that they operate much more professionally and transparently today.
Public service ethics since 1999
You see on the next slide the kinds of things that have been done since 1999
there has been an increased focus on ethical issues. There’s been
documents; there have been a number of databases on consultative bodies and exp
which have been put out and indeed even in 1999, they established OLAF, the anti
which has become increasingly well known.
They have done a number of things to improve
assessments. This is the work that goes on today
to try to make sure that they improve the way they consult with stakeholders about their policy.
And of course this is something
of Commission staff.
Stakeholder consultations
But before I go forth, I think it is important to mention in particularly this idea of stakeholder
consultation because what we are talking about here,
institutions gain information from a wide range of external stakeholders
information to make good policy decisions and indeed the
think it is article 11 if memory serves
stakeholders when they form policy
impact a wide range of stakeholders.
In general, what we are talking about here today is
thing for policy development and
system.
Institutional Rules on Lobbying
What I’d like to do now is take a few minutes to talk about the Institutional Rules on Lobbying.
If you see on the slide, in November 2005, the European Commission launched
become known as the European Transparency Initiative
really on three areas.
1. One was further information on
clear how community funds are spent.
2. The second was professional ethics within the EU institutions and th
a little bit later today.
it basically had to do with accusations of what can be called Nepotism
contracts and business to close allies who shouldn’t have that kind of thing.
it triggered a whole set of activities and reforms inside the EU
Public service ethics since 1999
see on the next slide the kinds of things that have been done since 1999: during
increased focus on ethical issues. There’s been work on access to
documents; there have been a number of databases on consultative bodies and exp
which have been put out and indeed even in 1999, they established OLAF, the anti
which has become increasingly well known.
They have done a number of things to improve stakeholder consultation
work that goes on today in fact as the EU and the institutions continue
And of course this is something we’ll come on too a little bit later, Codes related to
what we are talking about here, lobbying, is a way
in information from a wide range of external stakeholders. T
information to make good policy decisions and indeed the Treaty on European Union obliges (I
think it is article 11 if memory serves me well) obliges the institutions to seek the input of
they form policy on the basis of having an understanding of how
impact a wide range of stakeholders.
we are talking about here today is the ethical standards of lobb
thing for policy development and for the democratic system and it needs a strong rule
Institutional Rules on Lobbying
ee on the slide, in November 2005, the European Commission launched
European Transparency Initiative. What they decided to do is to focus
further information on the management of community funds, so making it very
clear how community funds are spent.
The second was professional ethics within the EU institutions and the one we’ll come
Nepotism or giving
it triggered a whole set of activities and reforms inside the EU
: during this period
work on access to
documents; there have been a number of databases on consultative bodies and expert groups
which have been put out and indeed even in 1999, they established OLAF, the anti-fraud office
consultations and impact
as the EU and the institutions continue
later, Codes related to behaviour
is a way by which EU
. They need that
European Union obliges (I
) obliges the institutions to seek the input of
basis of having an understanding of how it may
obbying. It’s a good
a strong rule-based
ee on the slide, in November 2005, the European Commission launched what has
. What they decided to do is to focus
so making it very
one we’ll come back to

3. The third was the framework
now.
The European Transparency Initiative
The European Transparency Initiative led to the establishment
known as the Commission’s Register
There are few points to make about this. This is basically a process of voluntary registration but
it was widely encouraged by the Commission. While it treats lobbyists in different categories,
they have slightly different steps they have to go
information, different ways to share that information.
The definition of "lobbying"
The common theme between all the differ
lobbying and the level of resource
different for different categories
how to register, but it is important to understand that there’s a very
So basically lobbying has been defined as
European policy formation or decision making processes
channel or medium it is using.
So the Commission tried to cast the net
debate closely, you maybe recogni
some updates following the first ye
the current definition as it was clarified.
Code of conduct of EU lobbyists
When participants in the register join
that they will behave ethically. W
The other important point to remember
definition of "what is lobbying"
then differences on how individual lobbyist go about
One of things I always believe in very strongly,
in favour of, is the mandatory register
mandatory register is that it make
to all people and everybody has to comply with them. That’s not really where we are today and
again that could be a debate for another day.
The third was the framework rules for lobbyists. That’s really where we are going to
European Transparency Initiative
The European Transparency Initiative led to the establishment, in June 2008,
known as the Commission’s Register of Interest Representatives.
are few points to make about this. This is basically a process of voluntary registration but
was widely encouraged by the Commission. While it treats lobbyists in different categories,
they have slightly different steps they have to go through to register, different kinds of
to share that information.
The definition of "lobbying"
The common theme between all the different categories is the importance of
lobbying and the level of resources that are being deployed. The nuts and bolts
different for different categories and the point of today is not to go into the nuts and bolts of
but it is important to understand that there’s a very wide definition
obbying has been defined as "actions initiated with the aim of influencing
European policy formation or decision making processes", irrespective of the communication
to cast the net very wide. For those of you who have followed this
debate closely, you maybe recognise that definition is the newer one that was modified after
the first year of the implementation of the register, so I did
ion as it was clarified.
Code of conduct of EU lobbyists
register join, they do have to agree to the Code of C
that they will behave ethically. We’ll come back to the Code of Conduct in a minute.
he other important point to remember of the Registry is that the rules including that very wide
have been intentionally vague. This is I think has
individual lobbyist go about registration, which can be confusing.
One of things I always believe in very strongly, and Burson-Marsteller has actually always been
mandatory register. But in addition to that, I think one of the reasons for
makes sure the rules are very clear, they applied equally and fairly
people and everybody has to comply with them. That’s not really where we are today and
again that could be a debate for another day.
That’s really where we are going to start
of what became
are few points to make about this. This is basically a process of voluntary registration but
was widely encouraged by the Commission. While it treats lobbyists in different categories,
different kinds of
ent categories is the importance of knowing who is
he nuts and bolts are a little
not to go into the nuts and bolts of
wide definition of lobbying.
actions initiated with the aim of influencing
irrespective of the communication
have followed this
that was modified after
so I did want to use
Conduct that says
onduct in a minute.
the Registry is that the rules including that very wide
has caused since
can be confusing.
has actually always been
ut in addition to that, I think one of the reasons for a
sure the rules are very clear, they applied equally and fairly
people and everybody has to comply with them. That’s not really where we are today and

Lobbying and the European Parliamen
The other point to make is that on the side of the European Parliament, going back as far as
1996, they had a rule about dealing with lobbyist
ahead of the game when you compared
Their goal was to really have a very open
Parliament, let them be able to observe the Parliament’s committees
keep a list of the people who choose to avail
Parliament. Then, in exchange for being able to do that, they would have to comply
rules about basic principles, about good ethical interaction with the Institution.
Joint Transparency Register
Then in June 2011, we got to where we a
Joint Transparency Register between both the Commission and the European Parliament so it
applies collectively to the two Institutions.
Registration is required for access to the European Parliament
European Parliament so in this sense what was once considered a voluntary
considered to become quasi mandatory
European Parliament on a regular basis, a badge t
when you want and you don’t have to sign in each time. You have to be registered to have that.
It also did a number of things to address problems from the old register. Again, I think
a little bit too specific for this discuss
problems and that efforts have been made
out and make the register function more effectively.
Ad hoc groups and coalitions
One of the points I think is important to
broadly speaking a few issues have
groups and coalitions.
When you set up an ad hoc group
of interested parties together to create a coalition or group of some kind of specific issue, it is
important to know that those
individual as the responsible party for those.
That’s an important thing and I think there’s nothing wrong
for any number of reasons it is important and sometimes necessary to bring together interest
in a way that differs from a sort of
group of like-minded individuals or sometimes even a bigger coalition of many associations or
Lobbying and the European Parliament
1996, they had a rule about dealing with lobbyists and in fact the EP therefore was pretty far
ahead of the game when you compared them to the Commission.
heir goal was to really have a very open Parliament where they would let people into the
Parliament, let them be able to observe the Parliament’s committees and other business and
people who choose to avail themselves of that right of ac
exchange for being able to do that, they would have to comply
, about good ethical interaction with the Institution.
Joint Transparency Register
Then in June 2011, we got to where we are basically today where there is an establishment of a
applies collectively to the two Institutions.
Registration is required for access to the European Parliament, a badge for going into the
European Parliament so in this sense what was once considered a voluntary register
quasi mandatory in the sense that in order to have access to the
a regular basis, a badge that allows you the ability to go in more or less
and you don’t have to sign in each time. You have to be registered to have that.
It also did a number of things to address problems from the old register. Again, I think
bit too specific for this discussion today but it is important to understand that there were
problems and that efforts have been made and are continuing to be made to try and sort this
out and make the register function more effectively.
coalitions
One of the points I think is important to underline here (because I think it is one area where
have come up about transparent lobbying)is the issue of ad hoc
When you set up an ad hoc group or coalition on a specific issue or is set up to bring a handful
important to know that those groups should be registered and that you should name an
dual as the responsible party for those.
That’s an important thing and I think there’s nothing wrong with having these groups because
for any number of reasons it is important and sometimes necessary to bring together interest
sort of standard trade association or standard NGOs
minded individuals or sometimes even a bigger coalition of many associations or
the EP therefore was pretty far
arliament where they would let people into the
and other business and
of that right of access to the
exchange for being able to do that, they would have to comply with some
re basically today where there is an establishment of a
, a badge for going into the
register has been
order to have access to the
hat allows you the ability to go in more or less
and you don’t have to sign in each time. You have to be registered to have that.
It also did a number of things to address problems from the old register. Again, I think it may be
but it is important to understand that there were
and are continuing to be made to try and sort this
se I think it is one area where
the issue of ad hoc
to bring a handful
and that you should name an
having these groups because
for any number of reasons it is important and sometimes necessary to bring together interests
s, a more narrow
minded individuals or sometimes even a bigger coalition of many associations or

NGOs want to get together to do something
set up, they are transparent and that they also participate in the
Common code of conduct and Joint Register Secretariat
The other two new features of the Joint Register is the establishment of the common code of
conduct and also the establishment of the Joint Register Secretariat
focused on enforcement and makes
participate in the Register.
On the next slide, you see the Code of Conduct of the Joint Transparen
similar to the earlier Codes of Conduct that existed and it talks about the range of activities that
you can and cannot have, basic
how you identify yourself, what kin
you can do about employment, how they’ve been doing work inside the EU institutions and
that kind of thing.
It is easily accessible online so you can have a look at it in more detail. The important
know that is now has replaced the old Code of Conduct in the European Parliament and applies
both to the Commission and the Parliament.
Question: What do you mean by saying that
vague?
Thank you for that question. It is a very good
European Commission established first register
duplicated in the new register), t
how people should record financial information or exactly how they should describe various
components of what they put in there in the registration.
And in fact, if you spend a little time goi
there’s a great variation in the way in which individual registered
The reason that there’s a great variance in
aren’t very clear in specific guidelines about what you
It also goes back to the broad definition of lobbying that I
of questions about what lobbying really is. In fact, the Commission
taken up in the agreement between the Commission and Parliament was really to cast the net
as widely as possible.
So anything you do to influence EU institution
officials or elected politicians or whether
newspaper or on a website, or whatever
lobbying.
NGOs want to get together to do something. It is important that when those kinds of groups ar
they are transparent and that they also participate in the Register.
Common code of conduct and Joint Register Secretariat
establishment of the Joint Register Secretariat. This principle more
makes sure that people are complying with the rules as they
On the next slide, you see the Code of Conduct of the Joint Transparency Register. It is very
basically an ethical interaction with the institution that talks about
how you identify yourself, what kinds of ways you can interact with the various people, w
It is easily accessible online so you can have a look at it in more detail. The important
both to the Commission and the Parliament.
What do you mean by saying that EU lobbying rules intentionally
Thank you for that question. It is a very good one. What I mean to say is that when the
European Commission established first register (and the main features of that
), they didn’t spend a lot of time being very clear about exactly
components of what they put in there in the registration.
And in fact, if you spend a little time going through the listings in the Registry, y
way in which individual registered organisations have responded.
The reason that there’s a great variance in the way people have responded is because they
aren’t very clear in specific guidelines about what you have to do to reply and to
goes back to the broad definition of lobbying that I referred to, that could
of questions about what lobbying really is. In fact, the Commission’s intention in which it was
reement between the Commission and Parliament was really to cast the net
So anything you do to influence EU institutions, whether it be in a face-to-face meeting
officials or elected politicians or whether it be staging an event or putting an ad in the
whatever it happens to be, all these things are considered to be
t is important that when those kinds of groups are
his principle more
sure that people are complying with the rules as they
cy Register. It is very
ethical interaction with the institution that talks about
you can interact with the various people, what
It is easily accessible online so you can have a look at it in more detail. The important point is to
EU lobbying rules intentionally
. What I mean to say is that when the
and the main features of that were obviously
clear about exactly
egistry, you will see
s have responded.
way people have responded is because they
to fill that in.
that could rage a number
intention in which it was
reement between the Commission and Parliament was really to cast the net
face meeting with
t or putting an ad in the
happens to be, all these things are considered to be

So the Commission realised pretty early on they didn’t
slope trying to regulate all these stuff. They just kind of
trying to do to influence should be considered lobbying for the purposes of register
particularly for the purpose of the
path of trying to make the rules very specific. In some cases
people go about registering is very different.
Institutional Codes of Conduct
The point I’d like to make here is that clearly the Commission started first
place the Register, really focusing on the conduct and
the more recent years they’ve spent
Codes of Conduct for people working
I think this is very good because I thi
problems with the behaviour of what I would call the sort of
transparent lobbying community
There have been a few cases that
example the Sunday Times scandal
process in the European Parliament:
journalists approached some M
lobbyist whatsoever). I think one of the conclusions of
was that we need to pay very careful attention to actual
the Institutions themselves.
Code of Conduct for European Commissioners
So I want to touch on three points here. The first is the Code of Conduct for European
Commissioners. I should also make the
have to understand what are the obligations and rules that apply to people inside the
Institutions because that impacts the way we can do our business
A lot of this is common sense, a lot of these goes to the issue of gene
it is important to understand the details, understand the debates inside the EU institutions so
that we make sure that we can respect those rules but also that we understand the pressures
that they are feeling inside the Insti
The Code of Conduct for European Commissioners has been in place for a while but was revised
in 2011 and it is based on Article 245 in one of the EU Treaty,
of European Commissioners.
It makes another point, which
cannot engage in any other professional activity. They can
d pretty early on they didn’t want to try and get in the
all these stuff. They just kind of wanted to say “anything that you are
trying to do to influence should be considered lobbying for the purposes of register
the financial declaration and therefore, they didn’t go down t
rules very specific. In some cases, that has meant that
people go about registering is very different.
Institutional Codes of Conduct
The point I’d like to make here is that clearly the Commission started first with trying to put in
really focusing on the conduct and behaviour of all of us, the lobbyist
spent a little bit more time going back and looking at the issue of
onduct for people working inside the Institutions.
I think this is very good because I think if we are honest, there haven’t been that
of what I would call the sort of “well established ethical and
transparent lobbying community” in Brussels.
that have gotten a lot of attention and publicity. I
example the Sunday Times scandal a couple of years ago that triggered a whole reflection
cess in the European Parliament: what basically happened was that som
s approached some Members in the European Parliament (not involving any real
I think one of the conclusions of what came after that particular event
that we need to pay very careful attention to actual behaviour of the people working inside
Conduct for European Commissioners
I should also make the general point that for us collectively a
understand what are the obligations and rules that apply to people inside the
Institutions because that impacts the way we can do our business.
A lot of this is common sense, a lot of these goes to the issue of general ethical conduct but still
that they are feeling inside the Institutions.
le 245 in one of the EU Treaty, which sets out the
which I think seem pretty obvious, is that European Commissioners
other professional activity. They can hold honorary post and be politically
in the sort of slippery
anything that you are
trying to do to influence should be considered lobbying for the purposes of register” and
financial declaration and therefore, they didn’t go down the
that the way that
ith trying to put in
of all of us, the lobbyists and
a little bit more time going back and looking at the issue of
’t been that many real
well established ethical and
attention and publicity. If you take for
a whole reflection
some undercover
not involving any real
came after that particular event
of the people working inside
collectively as lobbyists, we
understand what are the obligations and rules that apply to people inside the
ral ethical conduct but still
sets out the responsibilities
is that European Commissioners
hold honorary post and be politically

active within their political parties
number of conditions about how they do that.
Declaration of Interests
It does a lot in terms of requiring declarations of interest. One declaration that they have t
is about all their activities over the last ten years. There’s also probably
of declaration: their financial interest
some professional activity which could be deemed to create ethical chal
declare it.
Cooling off period after European C
It talks about the obligations of
they can and cannot do afterwards
period”. They should not take on
they were responsible for. And one
that they cannot accept a gift if the value is greater than
hospitality, but I’ll come on to do that a little bit more specifically in the next slide.
Guidelines on Gifts and Hospitality
The Commission has also recently issued
take on board a number of principles
European Communities.
They come from a starting point
for a few issues, and they define the gift as being
can be free participation in events or other advantages such as travel.
And perhaps the most interesting
issue about hospitality, about the
they put in some place some principles that if the value of the gift including hospitality is less
than €50 then it’s considered to be automatically accepted. The Commission doesn’t want to
get into the game of sort of having to approve every little
The approval is required if it is greater than
value, the gift is deemed to be not allowed
the way up to the €150 level, appropriate hospitality is presumed to be granted
Commission does not get in the business of pre
is important to understand the gener
or an appropriate meeting that involves providing some nourishment to an official or politician
is not considered inappropriate.
active within their political parties, although particularly with the latter point there are
number of conditions about how they do that.
It does a lot in terms of requiring declarations of interest. One declaration that they have t
the last ten years. There’s also probably a more
their financial interest, which also includes their spouses, so if their spouse has
some professional activity which could be deemed to create ethical challenges
Cooling off period after European Commissioners’ mandate
It talks about the obligations of European Commissioners at the end of their mandate
they can and cannot do afterwards, notably the conditions about an 18 month
hey should not take on certain assignments; let’s say to lobby directly
And one which could potentially have a more practical invocation is
cannot accept a gift if the value is greater than €150 and this also has to do with the
but I’ll come on to do that a little bit more specifically in the next slide.
Guidelines on Gifts and Hospitality
he Commission has also recently issued “Guidelines on Gifts and Hospitality”. These guidelines
take on board a number of principles that are already in place in the Staff Regulations of the
They come from a starting point of “basically nothing is allowed”, no gifts are allowed except
and they define the gift as being either money, or it can be a phys
can be free participation in events or other advantages such as travel.
And perhaps the most interesting (and probably the most common) topic I think
issue about hospitality, about the “business lunch” so to speak. And so what they’ve done is
50 then it’s considered to be automatically accepted. The Commission doesn’t want to
t of having to approve every little lunch or whatever.
The approval is required if it is greater than €50 value but less than 150, and if it is over
not allowed. Within this context, and that should be cleared all
150 level, appropriate hospitality is presumed to be granted
in the business of pre-approving every lunch somebody has
is important to understand the general guidelines that are in place but a normal b
not considered inappropriate.
ter point there are a
It does a lot in terms of requiring declarations of interest. One declaration that they have to do
a more well-known sort
so if their spouse has
lenges, they have to
the end of their mandate: what
notably the conditions about an 18 months cooling off
directly the services
could potentially have a more practical invocation is
150 and this also has to do with the
but I’ll come on to do that a little bit more specifically in the next slide.
. These guidelines
place in the Staff Regulations of the
, no gifts are allowed except
physical object, it
) topic I think is the whole
so to speak. And so what they’ve done is
50 then it’s considered to be automatically accepted. The Commission doesn’t want to
and if it is over €150
and that should be cleared all
150 level, appropriate hospitality is presumed to be granted. The
somebody has, and so it
but a normal business lunch

That being said, you can encounter I think more strict rules and in fact, this has happened to me
on a number of occasions where you encounter an official working in the Institutions who will
for whatever reason, will just simply say
just not something I do.’ So they might go
something you have to keep an eye out for.
Missions and guest invitations
It’s also important to know that there’s another general principle
about when Commission officials can go on
speak at the European meeting of your t
acceptable to do, that Commiss
has to be met is whether or not th
and responsibilities. And so that is really the test to bear in mind.
Now the other priority made is that most of these rul
Regulations of the EU so that m
including EP assistants, who now fall under the Staff R
Question: should European
off period of 3 years before working for an
I think this is an issue that requires careful consideration.
organisation that employs people with lots of different level
if you were a junior employee or trainee
find a job outside the Commission. And I think you can even have younger professionals
whom it doesn’t make sense to put
I think that for senior levels of the
know that the Commission has its own system for making
between the subsequent employment and what
course there’s the issue of European Commission
I think this is a perfectly valid area of discussion. I don’t have a view on exactly what the
timeline should be. I mean we,
hiring people or working with people that come out at those kinds of positions. I guess in terms
of the specific length, that’s something that
more detail.
Code of Conduct for the Members of the European Parliament
I guess we now go on to the Code of Conduct for
Now, a little earlier there was the Sunday Times scandal, I think that was in 2010 (if memory
serves me well) and as a result to that
you can encounter I think more strict rules and in fact, this has happened to me
f occasions where you encounter an official working in the Institutions who will
will just simply say ‘No, I don’t do lunches with outside representatives. It’s
So they might go farther than what the rules strictly require
something you have to keep an eye out for.
Missions and guest invitations
It’s also important to know that there’s another general principle (and perhaps more common
about when Commission officials can go on “mission”. If you invite a Commission official to
t the European meeting of your trade association for example which might
to do, that Commission official has to get approval for that and the basic test that
has to be met is whether or not the mission is “useful to the discharge of the official’s duties
and responsibilities. And so that is really the test to bear in mind.
e is that most of these rules are somehow outlined in the Staff
egulations of the EU so that means they are also relevant to European
including EP assistants, who now fall under the Staff Regulations of the EU.
European Commission officials be required to have a cooling
off period of 3 years before working for an organisation they had contacts with?
I think this is an issue that requires careful consideration. The European Commission is an
that employs people with lots of different levels and staff. I think we all agree that
employee or trainee, you probably shouldn’t have to wait three years
Commission. And I think you can even have younger professionals
whom it doesn’t make sense to put restrictions on their future employment.
the Commission, it’s appropriate to have some rules in place. I
Commission has its own system for making sure that there aren’t conflicts
employment and what an official has been doing previously. T
course there’s the issue of European Commissioners, something which we’ve looked at
valid area of discussion. I don’t have a view on exactly what the
, at Burson-Marsteller, have our own restrictions when we’re
, that’s something that really needs to be debated and talked about in
t for the Members of the European Parliament
I guess we now go on to the Code of Conduct for the Members of the European Parliament.
lt to that, there was a group set up under the Chairmanship of the
you can encounter I think more strict rules and in fact, this has happened to me
f occasions where you encounter an official working in the Institutions who will,
‘No, I don’t do lunches with outside representatives. It’s
strictly require. So that is
and perhaps more common)
invite a Commission official to
rade association for example which might be perfectly
for that and the basic test that
useful to the discharge of the official’s duties”
es are somehow outlined in the Staff
uropean Parliament staff
be required to have a cooling
organisation they had contacts with?
he European Commission is an
and staff. I think we all agree that
, you probably shouldn’t have to wait three years to
Commission. And I think you can even have younger professionals for
Commission, it’s appropriate to have some rules in place. I
that there aren’t conflicts
icial has been doing previously. Then of
which we’ve looked at already.
valid area of discussion. I don’t have a view on exactly what the
have our own restrictions when we’re
really needs to be debated and talked about in
Members of the European Parliament.
there was a group set up under the Chairmanship of the

then President of the European Parliament, Mr.
of internal consultation and indeed some consulta
able to participate in, and eventually
European Parliament.
This Code of Conduct lays out some sort of general principle
imposes a declaration of financial interest of the
big issue that I recall being discussed quite a bit during the consultative period is the issue
about other remunerated activity. T
Parliament should have no other remun
some low levels of remunerated activity or
of direct conflict with the mandate of
That’s really the motto where they
remunerated activity if it’s low level
per year in terms of revenue to the M
Their concern there was really about
of the European Parliament and I still want
career as a doctor, then I should be able to do that
The Parliament’s rules
So people focused on a number of different things that could come up
and so they preserve that right
restrictions in terms of ethical, appropriateness and conflict of interest.
The other point is that (and we’ve seen
Parliament cannot accept a gift if its value is greater than
includes the business lunch or business dinner, whatever you
little bit of debate about this and the implementing measures just were adopted
now clearly in place.
Attending events, former Members of the European Parliament and other rules
Two other interesting points: now Members of the European Parliament
events that they attend or they will
Conduct for Members of the European Parliament, former M
the benefits that are normally given to former M
think makes perfect sense because if you’re
you get into the Parliament on the basis of that status, you shouldn’t be able to use that sort of
access and lobby with former colleagues.
then President of the European Parliament, Mr. Bužek. They got together and the
and indeed some consultation with external stakeholders that I
in, and eventually they came out with a Code of Conduct for Members
his Code of Conduct lays out some sort of general principles of integrity and
declaration of financial interest of the Members of the European Parliament and a
bout other remunerated activity. There are some who are saying that the European
Parliament should have no other remunerated activity, others were saying that it should be
some low levels of remunerated activity or they should be allowed as long as they’re not in sort
of direct conflict with the mandate of an MEP.
they seem to have come down now and said you can have other
remunerated activity if it’s low level, it doesn’t have to be declared. If it’s greater than
ear in terms of revenue to the Member, then it needs to be declared.
Their concern there was really about, for example, if I’m a doctor who has become a Member
ean Parliament and I still want do some things that are related to my previous
career as a doctor, then I should be able to do that… or if you are an author, for instance
ple focused on a number of different things that could come up, that could be
and so they preserve that right, but they are trying to put it in a framework of some clear
restrictions in terms of ethical, appropriateness and conflict of interest.
we’ve seen this number before) the Members of the European
t if its value is greater than €150. This includes hospitality;
includes the business lunch or business dinner, whatever you would like to call it.
little bit of debate about this and the implementing measures just were adopted
now Members of the European Parliament have to
or they will, I think, from the 1st
of July. Also mentioned
he European Parliament, former Members who lobby
t are normally given to former Members, including the access badge
ecause if you’re former Member of the European Parliament, then
and lobby with former colleagues.
hey got together and there was a lot
tion with external stakeholders that I was
they came out with a Code of Conduct for Members of the
integrity and honesty. It
of the European Parliament and a
here are some who are saying that the European
erated activity, others were saying that it should be
should be allowed as long as they’re not in sort
now and said you can have other
s greater than €5000
if I’m a doctor who has become a Member
related to my previous
if you are an author, for instance.
that could be legitimate
but they are trying to put it in a framework of some clear
the Members of the European
150. This includes hospitality; this
call it. There was a
little bit of debate about this and the implementing measures just were adopted, but that is
have to declare all
Also mentioned in the Code of
embers who lobby, have to give up
including the access badge. This I
ember of the European Parliament, then

Question: MEPs themselves don’t have to declare who they meet with.
about bilateral meetings? Doesn’t this create a grey area for potentially abusive
contacts?
Well you’re absolutely right that the members don’t have to declare every meeting that they
take and this was a part of the
consultation with the Parliament.
The bottom line is that Members of the European Parliament feel
representatives deserve a role if somebody wants to be able to meet with them privately about
something for whatever reason, then they should be able to do
European Parliament, should be able to have a private meeting
it does not require that they list every meeting.
That being said, there is a difference
What I think is the key point for all of us lobbyists is that you have to be aware that what
actually happens in practice is that
often go beyond what is required by the rules
political groups list meetings that they have with stakeholders. It’s more
different national delegations than
you need to be aware of is that there is a high level
them to list all those meetings. But m
Access to Documents
Now moving on to the subject Access to Documents. I don’t
but it is important that if you’re going to
efforts to make your case on an issue, you should know that the current rules on
documents allow just about anyone
form of written communication received by an EU Institution
sort of documents you send in when you’re lobbying.
Absolute and relative exception
Now, there are some exceptions to this,
with things like public security, defenc
monetary or economic policy, and those kinds of things
individual.
And then there are also a number of
denied if there is an overriding
commercial interest such as intellectual property rights, implication of legal rights or legal
proceedings, or if it would in some other way undermine
MEPs themselves don’t have to declare who they meet with.
lateral meetings? Doesn’t this create a grey area for potentially abusive
part of the points I remember being discussed when I was involved
Parliament.
The bottom line is that Members of the European Parliament feel that
if somebody wants to be able to meet with them privately about
ver reason, then they should be able to do. They, as a Member of the
should be able to have a private meeting, which is a legitimate interest so
does not require that they list every meeting.
fference between what is required and what is done in practice
for all of us lobbyists is that you have to be aware that what
is that any individual Member of the European Parliament can
at is required by the rules, and many MEPs will list who they meet. Many
political groups list meetings that they have with stakeholders. It’s more
than within political groups, but it’s starting to happen
is that there is a high level of transparency. Well, it’s not required for
But many of them actually choose to do so.
Now moving on to the subject Access to Documents. I don’t want to go into great detail here
s important that if you’re going to send information into EU Institution
on an issue, you should know that the current rules on
just about anyone to request information on just about anything
form of written communication received by an EU Institution. This could include emails or any
when you’re lobbying.
Absolute and relative exceptions
there are some exceptions to this, you know there are the absolute exception
, defence and military matters, international relations, financial
and those kinds of things, as well as privacy and integrity of the
also a number of relative exceptions, and the relative exception
overriding public interest and exposure, and this includes
intellectual property rights, implication of legal rights or legal
would in some other way undermine the EU decision-making processes.
MEPs themselves don’t have to declare who they meet with. What
lateral meetings? Doesn’t this create a grey area for potentially abusive
when I was involved in a
that their elected
if somebody wants to be able to meet with them privately about
as a Member of the
legitimate interest so
done in practice.
for all of us lobbyists is that you have to be aware that what
any individual Member of the European Parliament can
and many MEPs will list who they meet. Many
political groups list meetings that they have with stakeholders. It’s more often done by
but it’s starting to happen. So what
of transparency. Well, it’s not required for
go into great detail here
send information into EU Institutions as part of your
on an issue, you should know that the current rules on access to
just about anything covering any
could include emails or any
exceptions that deal
e and military matters, international relations, financial,
l as privacy and integrity of the
and the relative exception has to be
includes things like
intellectual property rights, implication of legal rights or legal
making processes.

Confidentiality
If you are submitting information to the EU Institutions, you need to be aware that even if you
think you got their absolute agreement to keep certain information confidential, it has to really
fit in with the conditions of the access to documents regulati
for the institutions to not allow that information
If you are the submitting party
That being said, for you as the submitting party, if the information you share
institution is subject to an ‘access to documents
explain why you think it shouldn’t be shared or to say that you are probably happy for it
shared. But if you are going to make a case why it
that meets the specific criteria in that legislation.
Question: when MEPs meet
attend, is it a kind of list that is publicly available and if it is not, do you think it
should be?
My understanding about this new idea
2013) that they agreed, is about listing all the events that
that it is intended to be public. I’m not quite
to be a centralized list or if it’s
websites and share, but in any case, the principle is going to
to be publicly available.
Question: Regarding access to documents,
for information is handled?
Let’s see. The access to documents regulations sets out specific deadlines and I think the first
deadline is something like two or three
them to ask to extend that by little bit and usually they do so because they have rather high
level of demands and they’ve increased the staff to do this but still
such requests.
Key Conclusions for the EU Public Affairs
I just wanted to draw a few conclusions for all of us who are working as lobbyists and I think
this really summarizes things that
Transparent behaviour is non
The first is that transparent behaviour
lobbyist for 21 years and clearly
transparent over that timeframe and there’s much greater expectation for transparent
behaviour and simply, as I said, on the slide
access to documents regulation: if it doesn’t, then it will be hard
that information to be shared if a third party requested it.
If you are the submitting party
you as the submitting party, if the information you share
access to documents’ request, you will get the opportunity to
explain why you think it shouldn’t be shared or to say that you are probably happy for it
make a case why it shouldn’t be, then you need
that meets the specific criteria in that legislation.
meet someone or whether there are events that they
this new idea, which I think it was just literally last week
is about listing all the events that the MEPs attend. My understanding is
that it is intended to be public. I’m not quite sure yet exactly how it’s going to work, if it’s go
if it’s something that MEPs are just expected to put on their own
any case, the principle is going to be that this information is intended
Question: Regarding access to documents, what is the time in which a reque
for information is handled?
he access to documents regulations sets out specific deadlines and I think the first
deadline is something like two or three weeks (in fact, 15 days). There’s an opportunity for
level of demands and they’ve increased the staff to do this but still there is quite a number of
EU Public Affairs Practitioner
just wanted to draw a few conclusions for all of us who are working as lobbyists and I think
this really summarizes things that have been said, so I run through them quickly.
ur is non-negotiable
behaviour is non-negotiable. I’ve been working in Brussels as
and clearly, in my view, things have become much, much more
on the slide, it is non-negotiable.
if it doesn’t, then it will be hard
to be shared if a third party requested it.
you as the submitting party, if the information you share with the
request, you will get the opportunity to
explain why you think it shouldn’t be shared or to say that you are probably happy for it to be
to do so in a way
events that they
which I think it was just literally last week (end of April
MEPs attend. My understanding is
work, if it’s going
something that MEPs are just expected to put on their own
be that this information is intended
hat is the time in which a request
he access to documents regulations sets out specific deadlines and I think the first
here’s an opportunity for
quite a number of
just wanted to draw a few conclusions for all of us who are working as lobbyists and I think
so I run through them quickly.
working in Brussels as
things have become much, much more

Registration of lobbyists, while technically voluntary
increasingly believed that ethical
voluntary register, the expectation is there. The Commission
part of their review of the work of the
clear. The behaviour of officials or M
begin asking if you are registered when you are looking to get a meeting or have some sort of
contact with them, so in fact as we’ve seen, there’s
through the Codes of Conduct but also this is really
What the European Commission does to improve staff ethics
European Commission Vice President
that they are trying to take to train
approach them and what they should be doing. It is part of
gives for all the new joiners, but there’s a whole process in
who are already in place. While I think
not happening everywhere. There is a great effort being made to really ensure
do more.
Single standard, varying execution
But that does lead to the fact that
institutions. In fact, as I said earlier, you can even encounter more strict requirements amongst
certain officials who choose, for whatever personal reasons
interact with lobbyist, so beware that if you think you understand the standard broadly, you
may still run into some situations where others behave differently than you may have expected.
The issue that we’ve talked a bit about invitations to officials and I guess Members of
Parliaments as well to conferences, site visits etc… they can be accepted but
much depend, particularly in the case of Commission officials
their responsibilities, so in some situations
inappropriate in others.
Communication with and from EU institutions
We’ve talked about the fact that increasingly the way you communicate, the way we
communicate with the EU institutions is out there
published, and things that you submit can be requested through access to documents
issue is about wanting to protect confidential information
assert in events for commercially sensitive information when yo
sure that you fall well within the guidelines.
Never assume privacy
The last two points is that never assume privacy. As we talked about MEPs
publish names of people they meet or the materials they re
you are not expecting: MEPs increasingly T
while technically voluntary, is expected. I think it is becoming
increasingly believed that ethical, transparent lobbyists will register and so even if it’s a
voluntary register, the expectation is there. The Commission and the Parliament together
work of the Transparency Register, are looking for ways to make that
of officials or MEPs as they deal with lobbyists: I think increasingly they will
so in fact as we’ve seen, there’s a greater focus on institutional
onduct but also this is really a key point.
What the European Commission does to improve staff ethics
Vice President Sefčovičhas outlined in a recent speech a number of steps
that they are trying to take to train EU officials on how to deal with lobbyist
what they should be doing. It is part of the training that
but there’s a whole process in the program of training of of
hile I think it is everybody’s experience that it is not
not happening everywhere. There is a great effort being made to really ensure
Single standard, varying execution
that the standards of behaviour do very greatly within the EU
for whatever personal reasons, to be more careful how they
so beware that if you think you understand the standard broadly, you
liaments as well to conferences, site visits etc… they can be accepted but
particularly in the case of Commission officials, on the context, its
so in some situations can be perfectly appropriate but it could be deemed
Communication with and from EU institutions
institutions is out there. Responses to public cons
published, and things that you submit can be requested through access to documents
wanting to protect confidential information, and it is something you have to
assert in events for commercially sensitive information when you submit it. You need to make
sure that you fall well within the guidelines.
The last two points is that never assume privacy. As we talked about MEPs, some officials may
publish names of people they meet or the materials they receive, or they may do things that
not expecting: MEPs increasingly Tweet about the meetings they had,
ed. I think it is becoming
will register and so even if it’s a
Parliament together, as
are looking for ways to make that
I think increasingly they will
greater focus on institutional behaviour
has outlined in a recent speech a number of steps
how to deal with lobbyists when they
the training that the Commission
program of training of officials
s experience that it is not uniform and
that the officials
very greatly within the EU
to be more careful how they
so beware that if you think you understand the standard broadly, you
liaments as well to conferences, site visits etc… they can be accepted but that would very
, its relevance to
could be deemed
esponses to public consultations are
published, and things that you submit can be requested through access to documents. The
and it is something you have to
u submit it. You need to make
some officials may
or they may do things that
weet about the meetings they had, put it on their

Facebook page or their websites
institutions are never private and you sh
comfortable knowing that others find out about them
that you are representing.
Rules and expectations are changing
The final point to make is that the rules and expectations are changing. There are a number of
groups, some of them are even participating in the session today
continue to improve the way it deals with issues related to ethics and transparency
touched on briefly, there’s an ongoing debate
fair enough to expect there’s a
Register. That’s happening at the moment
changing, and all of us as lobbyists need to be aware of this
specific issues we are lobbying on
this general area about the relationship
Q
Question: How has lobbying changed in the past 21 years? Is it more aggressive
than it used to be?’
I don’t think I would use the word more
much more transparent. I think the number of issues that are being lobbied has greatly
increased. I think it has partly increased because of competencies of the EU institution
increased. In particular the compete
they’re dealing with a lot of issues
normal I think that there’s an incre
whether lobbying is more aggressive,
professional. I’d say over that time period
EU institutions have grown up. There’s more people here doing it
professionally, so I think, if anything
Question: what are the differences between lobbying in Brussels and lobbying in
other EU capitals like also in Strasbourg but
government?
Let me first do something on una
survey. Some of you may know that
past few years. I think we’ve done four more already w
politicians inside institutions and get the views on all of us and the lobbyists
the good lobbying, bad lobbying
or their websites, so the assumption needs to be that your contact with the EU
institutions are never private and you should conduct them in a way that
comfortable knowing that others find out about them, what you are saying and the positions
Rules and expectations are changing
the rules and expectations are changing. There are a number of
groups, some of them are even participating in the session today, who are pushing for the EU to
continue to improve the way it deals with issues related to ethics and transparency
’s an ongoing debate about “revolving doors” and other issues
fair enough to expect there’s a review underway of the functioning of the Joint Transparency
at the moment, so it is fair to say that the rules and expectations are
and all of us as lobbyists need to be aware of this: not only we have to know about
lobbying on, but we need to make sure we know about what’s going on in
this general area about the relationship between lobbyists and the EU institutions.
Questions & Answers
lobbying changed in the past 21 years? Is it more aggressive
use the word more “aggressive”, I think the whole system has become
. I think the number of issues that are being lobbied has greatly
increased. I think it has partly increased because of competencies of the EU institution
the competency of the European Parliament has increased
they’re dealing with a lot of issues that have huge impact on a wide range of stakeholders
normal I think that there’s an increased level of lobbying. I’m not sure that it is easy
bying is more aggressive, so if anything, I would say it become much more
. I’d say over that time period the professional lobbying has grown up just like the
EU institutions have grown up. There’s more people here doing it, and they are doing
if anything, the quality of lobbying has improved in that timeframe.
ifferences between lobbying in Brussels and lobbying in
other EU capitals like also in Strasbourg but also in a given Member
unabashedly commercial here and make a plug
survey. Some of you may know that Burson-Marsteller has regularly done a lobbying survey
years. I think we’ve done four more already where we do polling of
politicians inside institutions and get the views on all of us and the lobbyists,
the good lobbying, bad lobbying, and that kind of thing: we are renewing that survey.
so the assumption needs to be that your contact with the EU
that you would be
what you are saying and the positions
the rules and expectations are changing. There are a number of
who are pushing for the EU to
continue to improve the way it deals with issues related to ethics and transparency. As we’ve
other issues, so it’s
rway of the functioning of the Joint Transparency
rules and expectations are
not only we have to know about
but we need to make sure we know about what’s going on in
and the EU institutions.
lobbying changed in the past 21 years? Is it more aggressive
, I think the whole system has become
. I think the number of issues that are being lobbied has greatly
increased. I think it has partly increased because of competencies of the EU institutions have
increased, and if
have huge impact on a wide range of stakeholders, it’s
I’m not sure that it is easy to say
I would say it become much more
the professional lobbying has grown up just like the
and they are doing it more
the quality of lobbying has improved in that timeframe.
ifferences between lobbying in Brussels and lobbying in
also in a given Member State’s
for our lobbying
lobbying survey the
here we do polling of EU officials and
and what makes
we are renewing that survey.

The last survey was published in 2009 and the 2013
memory serves well, about the 2
fair to say is that the nature of lobbying is different in differen
States. It reflects, I think, cultural
hang-up for a lot of people, while the word
thing in a number of places. The practice of what we all understand to be lobbying
common across EU Member States
to talk to elected politicians and officials about different policies. There are clearly thi
work better in some Member States and worse in other Member S
The debate about lobbying regulation is increasing all over Europe. I think
good thing. I think it helps all of us to conduct an open and transparent dialogu
institutions if the framework for that is clearly defined in law and is allowed and is understood
what good, open dialogue is,
inappropriate forms of dialogue are not allowed. That’s a ver
involved in lobbying, whether you are
what we do is done in a professional
of law - something I believe in per
But I do think also that good lobbying practice reflects different cultures. Any good lobbyist wi
understand not only the policy
processes of the Member States, the politics, the politic
just one thing happening… and of course the personality
And I think they are very different in di
countries, and so it’s important to really understand not just the nuts and bolts of the issue but
the sort of advocacy or context in
Question: If you could discuss shortly the role of media and pr
an EU context?
I think the media plays a very important role in Europe and the discussion of European issues.
Many of the issues that policy makers
various media, and so its normal if your set of inter
might like to see your position reflected in the media coverage for that issue
time stories are written and they talk about the position in different groups and different sets
of interest, so I think that effective media relations is
In fact, when we tend to talk about effective engagement wit
face meeting or the direct meeting with politicians and officials, it is jus
it. You would also want to ‘worry
bigger coalitions is often important becau
very hard to carry the day just by yourself.
The last survey was published in 2009 and the 2013 edition will be launched in early June if
about the 2nd
of June. We will have some new data to look at,
fair to say is that the nature of lobbying is different in different countries, in d
, cultural differences and in some places the word “lobbying
while the word “lobbying” maybe viewed as a positive
he practice of what we all understand to be lobbying
tates, in terms of the recognition of the need of the stakeholders
to talk to elected politicians and officials about different policies. There are clearly thi
e Member States and worse in other Member States.
The debate about lobbying regulation is increasing all over Europe. I think that is
good thing. I think it helps all of us to conduct an open and transparent dialogu
cause it is helpful also to make sure that the corrupt and
inappropriate forms of dialogue are not allowed. That’s a very important point. Anybody
whether you are from business, NGOs or whatever, it is important that
in a professional, transparent way and it is respected and has a framework
personally.
But I do think also that good lobbying practice reflects different cultures. Any good lobbyist wi
policy he or she is lobbying on but the protocol p
tates, the politics, the political environment in which your issue is
and of course the personality of the people you are trying to talk to.
And I think they are very different in different Member States, and more
and so it’s important to really understand not just the nuts and bolts of the issue but
in which it is being considered in different places.
If you could discuss shortly the role of media and press in lobbying i
policy makers care about are discussed in the media and debated in
and so its normal if your set of interest, a position in one of those issues, you
might like to see your position reflected in the media coverage for that issue. Yo
I think that effective media relations is a very important part of good lobbying.
In fact, when we tend to talk about effective engagement with the EU institutions, the face
meeting with politicians and officials, it is just one very small part of
worry’ about how you deal with other stakeholders,
bigger coalitions is often important because in a complex Europe with 27 Member S
very hard to carry the day just by yourself.
ill be launched in early June if my
to look at, but what is
t countries, in different Member
lobbying” itself is a
a positive or negative
he practice of what we all understand to be lobbying is really
in terms of the recognition of the need of the stakeholders
to talk to elected politicians and officials about different policies. There are clearly things that
that is generally a
good thing. I think it helps all of us to conduct an open and transparent dialogue with EU
to make sure that the corrupt and
y important point. Anybody who is
it is important that
is respected and has a framework
But I do think also that good lobbying practice reflects different cultures. Any good lobbyist will
he or she is lobbying on but the protocol procedures and
al environment in which your issue is
the people you are trying to talk to.
and more varying in other
and so it’s important to really understand not just the nuts and bolts of the issue but
which it is being considered in different places.
ess in lobbying in
care about are discussed in the media and debated in
est, a position in one of those issues, you
. You will see all the
very important part of good lobbying.
h the EU institutions, the face-to-
t one very small part of
about how you deal with other stakeholders, or building
se in a complex Europe with 27 Member States, it’s

The media relations point and other dialogue with experts and getting expert opinion
So effective lobbying involves many different components
be an important one of those.
I would like to just simply wrap up
he media relations point and other dialogue with experts and getting expert opinion
So effective lobbying involves many different components, and media relations would certainly
I would like to just simply wrap up and thank you very much for everybody’s participation
he media relations point and other dialogue with experts and getting expert opinion are vital.
and media relations would certainly
and thank you very much for everybody’s participation.

Questions & Answers not covered at the live event
Q: The EU is still not subject to the Laws on Free Access to Information?
A: On 3 December 2001, Regulation (EC) No. 1049/2001 regarding public access to Parliament,
Council and Commission documents entered into force. Its main objective was to introduce greater
transparency into the work of the EU institutions by creating a process through which any citizen of the
Union or any natural or legal person residing in or having its office in the EU could request access to
documents of the Parliament, Commission and the Council. I think this is similar to what you speak of.
More generally, it is important to note that the EU institutions have taken a number of different steps to
provide access about their activities online.
Q: The Register requires potential lobbyists to apply. But MEPs themselves don’t have to declare who
they meet with. Doesn’t this create a grey area for potentially abusive contacts?
A: While some MEPs choose to list all their meetings on websites and/or tweet or communicate about
meetings in other ways, many MEPs also feel that as elected representatives they have the right to meet
with any legitimate interest and to do so confidentially if it makes sense. There are a number of ways to
fight potentially abusive contacts, including the idea of a legislative footprint and strong codes of
conduct on the behavior of elected officials.
Q: Any sanctions/penalties foreseen for not complying with the code of conduct?
A: Non-compliance with the code of conduct may lead, following an investigation to such measures as
suspension or removal from the register and, if applicable, withdrawal of EP access. A decision to apply
such measures may be published on the register's website. Anyone may lodge a complaint,
substantiated by material facts. For further information see: http://europa.eu/transparency-
register/complaints/complaint-mechanism/index_en.htm.
Q: Has the Commission ever tried to ‘regulate’ lobbying, rather than just make it transparent?
A: No. The Commission has from the outset always pursued the “carrot and stick” approach of a
voluntary register, citing the absence of a legal base in the EU Treaties to make it mandatory.
Q: Are there strictly defined procedures for Commissioners when they break the code of conduct? Or
is resignation the only punishment?
A: The Final Provisions of the Code of Conduct for Commissioners defines these procedures. That said,
the Code of Conduct does give the President of the European Commission the right to demand the
resignation of a Commissioner.
Q: Do you think that 18 months rules should be extended to the Commission’s hierarchy down to
Head of Unit level?
A: No. I do not think it makes sense to have the same restrictions on Heads of Unit as on European
Commissioners.
Q: For the MEP code of conduct: would it be possible to have the latest doc which includes these
implementing rules please?
A: The implementing rules for the MEP code of conduct were only adopted in mid April and I do not
have them to hand. See
http://www.europarl.europa.eu/news/en/pressroom/content/20130416IPR07396/html/Code-of-
Conduct-implementing-measures-adopted for more information.

Q: What will happen if MEPs don’t follow the rules?
A: The link above addresses the issue of sanctions.
Q: Is this list (who MEPs meet with) publicly available, if not, do you think it should be? If yes, where
we can we find it?
A: It is currently not required of MEPs. Some MEPs, or delegations, do so voluntarily and this
information is usually shared on their respective websites.
Q: Thank you for answering my question. Follow up: indeed many MEPs do declare who they meet
with, but it seems that they are always a couple of the same MEPs, the same “bad apples” who don’t
comply?
A: I have not analysed carefully who does this and who does not. It is important to note, however, that
some MEPs who do not share such information would not necessarily consider themselves “bad apples”.
Q: How do you think the transparency can be further improved, Mr. Mack?
A: For me, the biggest problem with the current register is that it is not mandatory for all and there is
significant under-participation by certain categories of lobbyists (the lawyers are often cited in this
respect). It is the position of Burson-Marsteller and my view that the register should be mandatory and
applied equally to all lobbyists whether consultancies, NGOs, lawyers, associations or anything else.
Lobbying is an activity and anyone who does it is a lobbyist. It is also not yet systematically enforced and
there is a wide variation in the quality of information provided in the register. This should not be the
case.
Q: What is the grade of appreciation of transparency rules inside lobbying organizations?
A: I am not sure I understand this question, but I can state that I regularly advise clients that they should
be aware of the transparency rules and it seems that awareness of these rules is growing. I think
established lobbyists in Brussels are well aware of the rules.
Q: What about non-registration of law firms that offer lobby services?
A: As stated above, it is the position of Burson-Marsteller and my view that the register should be
mandatory and applied equally to all lobbyists whether consultancies, NGOs, lawyers, associations or
anything else. Lobbying is an activity and anyone who does it is a lobbyist.
Q: Are there any specific Codes of Conduct? (except those for Commissioners or MEP) which apply to
other EU officials?
A: As presented, there are the Guidelines on Gifts and Hospitality and the relevant provisions of the
Staff Regulation of Officials of the European Communities.
Q: These conditions apply to lobbyists. What about meetings with national regulators and
governments, is there an exception for officials to declare these meetings?
A: Meetings with national regulators and governments are for the moment subject to the laws and
codes of individual member states. It is fair to say that this issue is being discussed and debated in many
member states at the moment.
Q: Aggregating multiple interests has always been a problem for lobbying success. Many people think
they know how to lobby even though they have never studied or experienced it. How would you

advise to create a space for the need for a professional lobbyist and especially show how
complementary it is to the actual content of the interest it aims to represent?
A: I am not sure that I understand your question. That said, I think that ethical, transparent lobbying is
an important part of the democratic process. I wrote in a book on EU lobbying published in 2011 that
“the EU institutions have become more sophisticated in their dialogue with interested stakeholders. In
2011 there is genuine recognition that stakeholder dialogue is an essential component of policy
development and following the entry into force of the Lisbon Treaty, it is even recognised as a
democratic principle in Article 11 of the Treaty on European Union, which states that ‘the institutions
shall, by appropriate means, give citizens and representative associations the opportunity to make
known and publicly exchange their views in all areas of Union action’. In other words, good balanced
policies cannot be developed without input from interested stakeholders.”
Q: Can you give us some examples of active, successful lobbyists’ groups/lobbyist leaders?
A: I am not sure where to start. There are a wide range of groups, representing a wide range of
interests, who are effective. I would be happy to answer specific questions via direct dialogue.
Q: Should people lobbying member-state governments only about EU policy also register on joint
register?
A: It is not required by the current system, which only applies to the Commission and the Parliament.
Discussions are underway with the Council about it joining the register but, even so, it is likely that
lobbying member state governments will be subject first and foremost to the relevant national laws, no
matter what the subject of that lobbying.
Q: What about the system of sanctions for breach of the rules of conduct?
A: Non-compliance with the code of conduct may lead, following an investigation to such measures as
suspension or removal from the register and, if applicable, withdrawal of EP access. A decision to apply
such measures may be published on the register's website. Anyone may lodge a complaint,
substantiated by material facts. For further information see: http://europa.eu/transparency-
register/complaints/complaint-mechanism/index_en.htm.
All views expressed are the personal views of Robert Mack unless otherwise noted above.

EU Lobbying, Ethics and Transparency: “Do”-s and “Don’t”-s Transcript + Q&A

Recomendados

Recomendados

Más contenido relacionado

Similar a EU Lobbying, Ethics and Transparency: “Do”-s and “Don’t”-s Transcript + Q&A

Similar a EU Lobbying, Ethics and Transparency: “Do”-s and “Don’t”-s Transcript + Q&A (20)

Más de euinmotion

Más de euinmotion (9)

Último

Último (20)

EU Lobbying, Ethics and Transparency: “Do”-s and “Don’t”-s Transcript + Q&A