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Lobby e EU: A OvevewLobbyingattempting to influence theoutcome of legislation or administrative rulesand regulationsis a legitimate part of anydemocratic system, whether it is carried out byindividual citizens or companies, civil societyorganizations and other interest groups, orfirms working on behalf of third parties.

As the European Union continues to growand evolve, the role of lobbying is alsoexpanding dramatically. In the past decade,EU jurisdiction has broadened to includeareas of consumer, social, and environmentalpolicy, and the advent of the euro has raisednumerous economic and monetary issueswithin the euro zone. Studies estimate thatapproximately 80 percent of national laws inthe European Union originate at EU level.

The resulting increased need for informationon complex issues now offers interest groupsmore opportunities than ever to influence EUlegislation. Unlike the United States, which has

strict regulations governing the activities oflobbyists and their interactions with lawmak-ers, the EU has to date taken a less formalapproach. Each of the key institutionsthe European Commission, the Councilof the European Union, and the EuropeanParliamenthas developed its own system forworking with interest groups.

The European Commission, the executivearm of the European Union, charged withproposing legislation and overseeing its imple-mentation, offers the greatest access to lobbygroups via its Directorates General (DGs).

DGs are distinct departments, comprised ofCommission staff, that are responsible forspecific tasks or policy areas. DGs frequentlyconsult with experts and interest groups whenresearching specific issues falling within EU

jurisdiction. In June 2008, the EuropeanCommission launched a voluntary register oflobbyists (or "interest representatives") whoseek to influence EU decision-making.

The Council of the European Union, whichcomprises the ministers of each Member Stateand is the main decision-making body ofthe EU, is the least accessible of the main EU

institutions in terms of lobbying. The Councilmaintains no register of lobbyists and referscontact with interest groups to the EuropeanCommission. However, national minis-ters frequently maintain relationships withrelevant local and regional lobby groups underthe aegis of the national lobbying regulationsof their Member State.

The European Parliament, a directly electedbody that co-legislates with the Council, is akey target for interest groups. The EuropeanParliament maintains a register of approxi-mately 5,000 accredited lobbyists whosubscribe to a specific Code of Conduct andreceive special passes to access Members ofthe European Parliament (MEPs). In 2008,the European Parliament proposed the devel-opment of a single register for lobbyists,which would be common to the Parliament,the Commission, and the Council of theEuropean Union.

Current estimates indicate that there areapproximately 15,000 lobbyists and 2,500lobbying organizations in Brussels. Lobbyistsin the EU generally fall into one of three majorgroups: industry associations, non-govern-mental organizations (NGOs) / interest groups,and regional representations. Much like theirAmerican counterparts, industry associationsand interest groups concentrate on influenc-ing decision-making processes for the benefitof their members, while also gathering anddisseminating useful information. In contrast,regional lobby groups represent regional andlocal authorities within EU Member States, andfocus not only on direct lobbying, but also onnetworking, informing and marketing theirregions throughout the EU apparatus.

A key difference between the lobbying culturesof the EU and the U.S. lies in the approach tofunding interest groups and NGOs, as wellas political campaigns. In the EU, non-profitorganizations representing civil society areoften the recipient of financial support fromthe European Commission. In contrast, theAmerican system rarely provides governmentfunding to support lobbying organizations or

interest groupsthe money generally flows inprecisely the opposite direction.

Lobbying in the EU is not without its challengesInterest groups must address the shiftingbalance of power among EU institutions, suchas those changes outlined in the Treaty of Lisbon(pending ratification). Additionally, the growth

of the lobbying industry has led to more regula-tion, both by lobbying groups themselves andby EU institutions. The European TransparencyInitiative and the new European Commissionlobbying register and accompanying code ofconduct are just two examples of EU efforts tobetter monitor the emerging lobbying industryand the deepening relationships between lobbyists and lawmakers.

For any public institution, transparency

goes hand in hand with legitimacy.

Political decision-makers are ultimatelyaccountable to the public and must be

open to public scrutiny. Citizens have a

right to know how their taxes are being

spent and how the power entrusted to

political bodies is handled.

In order to increase openness,

accountability and transparency,

in 2005 the European Commission

launched the European Transparency

Initiative. The program is designed to

increase the transparency of lobbyists

and interest group representatives

who seek to influence EU decision-making, and includes the EU's new

European Commission Lobbying

Register and the Commission Code

of Conduct for Lobbyists.

Additionally, the initiative seeks to

make information about the beneficia-

ries of EU funds more readily available

to the public, and to develop and

adopt a set of common ethics rules

and standards for public officials.

European Transparency Initiative

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EU Insight is published by the

Delegation of the European Commission

to the United States.

Anthony Smallwood

Spokesperson & Head of

Press and Public Diplomacy

Editor-in-Chief

Stacy Hope

Editor

Melinda Stevenson

Writer & Assistant Editor

ISSN: 1830-5059

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email: delegation-usa-info@ec.europa.eu

Issue No. 22, September 2008For more information: www.eurunion.org/euinsight

Lobbying: A U.S. EU Comparison

WAshingtOn BrUssELs

Lobby registration U.S. Congress: Compulsory European Commission: Voluntary

European Parliament: Mandatory for accreditation

Ethics regulations for officials U.S. Administration: Yes

U.S. Congress: Yes

EU Commissioners and staff: Yes

MEPs and staff: Yes

Code of conduct for lobbyistsand lobby organizations

Congressional legislation places restrictionson lobbyists

Lobby organizations often have their own codes ofethics

European Commission: Yes, as part of the voluntaryregister

European Parliament: Yes, as part of theaccreditation process

Levels of lobbying Multi-level system

Legislative branches: U.S. Congress State legislatures

Executive branches: Federal State

Multi-level system

EU and national levels

Multiple EU institutions (executive andlegislative branches): Commission Parliament (directly elected) Council

Funding of non-profitorganizations

Privately funded; very little if any federal funding,with none for lobbying

Many fundedsometimes even createdby theEuropean Commission

"Revolving door" phenomenon Former lawmakers and government officialsfrequently become lobbyists (increasing restrictions)

Less frequent

Corporate funding of politicalcampaigns

Common, but with caps

Funding: Private sectorpublic sector (politicians)

Not common; viewed as unethical

Funding: Public sectorprivate sector (civil society)

Transparency Strict regulations and enforcement

Lobbying Disclosure Act of 1995 requires lobbies tolist clients and financial sources

Minimal regulation and enforcement

No formalized standards, but EuropeanTransparency Initiative seeks to improve this

Role of local issues Senators and Members of Congress rely on localissues to get elected

Lobbies representing local issues are highlyinfluential

MEPs are more distant from local constituencies

Lobbies representing local interests are lessinfluential

Local and regional interests are considered throughthe EU's Committee of the Regions, composed ofrepresentatives of regional and local authorities.

A k e y c o m p o n e n t o f t h e E u r o p e a nTransparency Initiative is the new EuropeanCommission register of interest representa-tives, launched in 2008 for a trial period ofone year. The voluntary register aims to clearlydelineate a separation between business andpolitics, and govern transparent and legitimaterelations between the two.

Registered organizations indicate their objec-tives and missions, as well as the policy areas inwhich they have a particular interest. Registrantsare also required to disclose financial informa-

tion by estimating their costs associated withthe direct lobbying of EU institutions, based ontheir most recent annual accounts.

Additionally, all registered organizations mustagree to comply with the register's code ofconduct, which contains rules for interest repre-sentatives in their dealings with Commissionstaff, or by another professional code that setscomparable standards. Details on the latter mustbe provided to the Commission upon request.

The code of conduct includes seven basicrules, stating th at interest representativesshall always:

Identify themselves by name and by theentity they work for or represent;

Accurately represent themselves so as not tomislead third parties and/or EU staff aboutheir status;

Declare the interests, including clients ormembers, which they represent;

Ensure that, to the best of their knowledge

information which they provide is unbiasedcomplete, up-to-date and not misleading;

Not obtain or try to obtain information, orany decision, dishonestly;

Not induce EU staff to disregard rules andstandards of behavior applicable to them;

If employing former EU staff, respect theirobligation to abide by the rules and confidentiality requirements which apply to them.

Details of the New EU Lobbying Register and Code of Conduct