Borealis Partners training day

Tamsin Rose

Stockholm, 16 November 2007

Outline of the day

I. How did we get here? From Rome to Lisbon

II. Who’s who and what’s what in Brussels

III. Finding your way through the information maze

IV. Comitology or the role of ’experts’ in policy and decision-making

V. Alcohol in EU policies and initiatives

Section I: From Rome to Lisbon

The growing European family

1950: 6 founding members - Belgium, Netherlands, Luxembourg, Italy, France, Germany

1973: 9 - UK, Ireland, Denmark 1981: 10 - Greece 1986: 12 - Spain, Portugal 1995: 15 - Finland, Austria, Sweden 2004: 25 - Poland, Hungary, Malta, Cyprus, Lithuania,

Latvia, Estonia, Czech Republic, Slovakia, Slovenia 2007: 27 - Bulgaria, Romania Croatia, Turkey, FYROM, Bosnia-Herzegovina, Montenegro, Albania, Serbia,

Ukraine, Moldova, Russia??

Building the ’European project’ The 1980s were characterised by the famous

‘franco-german’ motor based on closed personal links between Francois Mitterand and Helmut Kohl

A strong European Commission led by the charismatic Jacques Delors.

The big idea - a single market (1986) and major reform of the EU institutions (QMV and greater power for the European Parliament).

The European Union emerges, consisting of the Communities and intergovernmental cooperation in three pillars including justice and home affairs, common security and foreign policy

1990’s: the world changes

Cold war ends, re-unification of Germany, (re)emergence of Eastern European countries

Copenhagen Criteria and the plans for EU extension eastwards

Major debate on ‘Deepening’ versus ‘Widening’ debate on the future of the EU

Plans for economic union and the EURO Schengen agreement and removal of internal borders Changing of the political personalities across Europe

and at the Commission

The pace of institutional change accelerates but citizens don’t follow

Rapid Treaty reform - Maastricht (1992), Amsterdam (1997) and Nice (2000), Constitutional Treaty (2004)

Increased role and visibility of the European Parliament culminating in the collapse of the European Commission in 1999

Post Amsterdam, co-decision increased from 15-38 policy areas. Greater workload prompts close cooperation between Council and Parliament, early meetings with rapporteurs and committees

First rejections by EU voters. Denmark rejects the Maastricht treaty and then the Euro. Irish voters reject the Nice Treaty. France and the Netherlands block the Constitutional treaty

Reform treaty of 2007 - institutions

Council decisions needs double majority (55% of member states and 65% of the EU's). But this is delayed until 2014 and the ‘Ioannina clause’ allows a transition period until 2017

President of the Council no longer rotates, one person holds this role for a two-and-a-half years renewable term

College of Commissioners drops from 27 to 15 by 2014;

MEPs limited to maximum of 750 (> 6 and < 96 per country), plus the Parliament President (750+1)

EU has legal personality

Exit clause was introduced making it possible to leave the EU.

Reform treaty of 2007 - policies

Strengthens national parliaments can raise objections against draft EU legislation (so-called orange card) as a reinforced control mechanism for the principle of subsidiarity;

QMV extended voting to 40 policy areas, especially those relating to as asylum, immigration, police cooperation and judicial co-operation in criminal matters;

Reference to new challenges, such as globalisation, climate change and energy security

UK gets some opt-outs (asylum, criminal justice)

Charter of Fundamental Rights replaced by a short cross-reference with the same legal value but will not be binding in the UK and Poland.

How everything changes in 2009

• 1 January 2009, Treaty comes into force• New Commission President is nominated• June 2009: Parliamentary Elections. Probably at

least half of the 750 MEPs will change. The political groups in the Parliament are re-formed. Committee jobs are allocated on the group size

• National governments nominate Commissioners - the political weighting of College must reflect Parliament results

• Hearings for new Commissioners in Parliament• November: Approved College starts work

• Swedish Presidency, July-December 2009

• Chairs all Council meetings esp Summit• Determines the agenda items for

discussion• Responsible for reaching agreement with

Parliament on legislation• Political leadership with EU institutions,

globally

Sweden in the hot seat

Section II: Who’s who and What’s what in Brussels

Permanent Representations + Embassies International organisations and institutions Local and regional authorities Social partners Think tanks Chambers of commerce Trade associations Consultancies, lawyers and lobbyists NGOs

National interests go beyond just the Perm Reps COREPER 1: technical issues. Once agreement is found

these items become Point A for the Council and are not discussed. About 70-85 % of all items become ‘A’.

COREPER 2: Ambassador level only, deal with institutional issues, foreign policy

Trade promotion bodies - represent commercial interests Embassies to Kingdom of Belgium - diplomatic relations,

consular issues including visas Chambers of Commerce - supporting businesses with

newsletters, access to policy-makers, networking events > 250 individual local and regional authorities and the national

associations (e.g SALA)

International organisations and Foundations UN bodies - WHO, ILO, UNICEF, IOM, FAO,

UNDP, WFP World Bank and IMF OECD European Foundation Centre Open Society Foundation, Bertelsman, Heinrich

Boll

The special role of social partners UNICE (employers), ETUC (trade unions) Funded by the EU for their co-regulatory role in

’Social Dialogue’. Under this process the Commission looks for agreement on new measures by submitting proposals to the social partners. If the partners agree to negotiate, they are given a defined period in which to reach a common decision. If they are successful, the wording of their agreement is incorporated into a subsequent Directive. If they are not, the Commission is free to decide whether it wants to shelve proposals, or pursue them through the traditional decision-making channels.

Think-tanks dominate the scene Can be classified by academic approach or political/economic

viewpoint. Often receive core funding from the Commission under the budget lines devoted to ‘debate’ on European integration. Trustees are usually key figures e.g former Commissioners, MEPs, Ministers etc

Most have corporate members and/or industry funding Trends: Huge increase in well funded, neo-liberal, free-market

economics structures with close links to the US Pro European integration - CEPS, EPC, Breugel, Notre

Europe. More sceptical include CNE, Bruges group Blurring of the lines lobbying and think-tanks. Emergence of

‘think-do’ tanks such as The Centre which combines classic consultancy for private clients with policy debate or ‘do-tanks’ ConsumerPowerhouse.

Trade associations Usually sectoral or specialist e.g EFPIA, CEFIC, EuropaBio,

CEV, FEDMA Legal form is often a not-for-profit structure such as an ASBL Views tend to be quite ‘conservative’ because they represent

the consensus of the business community Companies may belong to several different trade associations Hybrids address broad groups such as the UEAPME, WFA Can be extremely targeted, e.g; AREA European

Refrigeration and Air Conditioning Contractors Association Close connections between trade associations and the EU

institution that deals with that policy area.

The civil society groupings European networks of national members The NGO platforms, usually thematic and consisting of

umbrella groups (EDF). Often core-funded by the EU to act as the focal point for interaction with the institutions

The Civil Society Contact Group (CSCG) brings together the ‘families’ e.g; Green10, VOICE, EPHA, EFAH, Social Platform, CONCORDE, EWL

Professional associations (CPME, EFN) - sometimes also have trade union functions and have a special role in regulatory issues

The basic business of Brussels

Information services - overview of EU institutions, tracking policy and political events

Introductions to policy-makers, ‘meet and greet ‘events Networking - meeting the other key actors, putting faces to

the names, stakeholder analysis Visibility - raising the profile of your organisation, ensuring

that your voice is heard Lobbying - getting your viewpoints across and providing

detailed expertise (amendments for legislation, data and statistics, writing reports)

How does the alcohol industry operate in Brussels?

1. The alcohol industry is large, powerful, incredibly well connected and with deep pockets. Producers are integrated into a wide range of generalist, specialist and sectoral trade associations.

2. Specific drinks sectors are also strongly identified with national cultures and traditions. As such they are championed by MEPs, regional representations and national governments.

3. Alcohol producers - as businesses - have high level access and support in EU institutions as ‘world class enterprises’ and sources of ‘economic growth’.

Uncovering the lobbying

In late 2006, MEP Caroline Lucas asked the Commission to reveal how many official and unofficial meetings took place with alcohol industry lobbyists.Answer: Not possible without an expensive and disproportionately difficult admin job.

November 2007, CFI rules that the Commission cannot use privacy laws to hide the identity of lobbyists it meets. Case brought by the German beer industry to find out who influenced the Commission to drop an investigation into whether a UK law limiting certain beer imports was compatible with EU law.

Multiple points of entry

EU Institutions

Drinks Trade association

National Chambers of Commerce

EP interest group (beer)

Food industry trade association

Business trade associationRetail trade

associations

Alcohol and Health Forum

Advisory Committees for EU agencies

Advertising Self Regulation bodies

Advertiser and Brand networks

Social Aspect organisations

Think-tanks

Europe’s most exclusive beer club

The European Parliament Beer Club, formed in 1995. > 170 MEP members … biggest group of its kind at the European Parliament. Members believe that Europe should have and retain a strong brewing sector and support the positive aspects of beer culture. The Beer Club organises major symposiums on beer and health and meetings and seminars with MEPs and representatives from The Brewers of Europe - on issues such as the excise rates review and the EU Communication on alcohol and health. Source: Beer Club website

Section III: Finding a way through the information labyrinth

Navigating the Europa server IDEA database CONECCS Legislative OEIL News sources

Making sense of the Europa server

http://www.europa.eu Gateway to the EU, all institutions Entry point by activity, institution, document or

services Active news section - especially ‘Midday express’ Quick links to hot topics, events or meetings Links to ‘living in the EU’ (rights, travel, study etc) and

opportunities to interact with the EU institutions

Finding someone to talk to… Commission switchboard: +32 2 299 11 11 IDEA database, http://europa.eu/whoiswho/index.htm An electronic directory of the organisation charts of

the EU institutions, bodies and agencies in the eleven official EU languages. Updated weekly.Can be consulted the directory in three ways: by organisation (Directorate or Department), by individual or by position

TR Comment: data varies considerably. Ranges from just a name to complete telephone, fax and email contacts.

CONECCS database

http://europa.eu.int/comm/civil_society/coneccs/index_en.htm The database is part of the Commission's commitment to

provide better information about its consultation processes.

Provides information about the Commission's formal or structured consultative bodies, in which civil society organisations participate.Also includes a directory of non-profit making civil society organisations organised at European level. The directory is a voluntary register, is intended only for information purposes. Inclusion in the directory does not constitute any recognition on the part of the Commission.

European Parliament legislative observatory (OEIL) http://www.europarl.europa.eu/oeil/index.jsp Free registration allows use of the procedure tracking

instrument - update emails to inform you of any change on that dossier

Lots of different ways to search: by committee, rapporteur, procedure, document, title, legal basis, etc

Updated daily Also has information on Council activities and

documents TR comments: Highly recommended to spend some

time on this site, very powerful and useful tool

News sources http://www.euractiv.com (corporate sponsoring,

EurActor membership, advertising, EU projects, and content syndication)

http://www.euobserver.com (more critical approach to the EU)

http://www.eupolitix.com/EN (part of political publishing group)

http://www.eureporter.co.uk (a voice for business in Europe)

http://www.eubusiness.com/ (online business information service)

Create a ‘google alert’ for a selection of news stories

Section IV: EU Agencies, Comitology, and the role of experts

EU agencies Regulatory Committees Advisory Committees Scientific Committees Stakeholder dialogues or Fora

More and more EU agencies First 2 created in 1970s. More regulatory agencies created

in the last 50 months than during the first 50 years. Huge diversity of roles, formats and responsibilities.

Two basic types: technical assistance through scientific and technical opinions, recommendations or inspection reports (assist the Commission in science based decisions or ensure that Community law is respected); agencies with the power to adopt individual decisions that are binding third parties.

Address emerging social, health and environmental issues linked to the internal market. The agencies are created by a specific legislation to accomplish a technical task. Each agency has its own legal personality and a management board consisting of MS, Commission and Parliament. Decentralised and therefore locally visible.

A brief history of Comitology First Committees created in 1962 by the Council as a way of

keeping some control over legislative powers delegated to the Commission. Committees used on an ad-hoc basis.

1987, the ‘Comitology Decision’ following the Single European Act.

1999, updated Decision defines committees and operating procedures. European Parliament gains a minor role (can express ‘disapproval’), some transparency introduced.

advisory, management and regulatory committees - work according to different procedures and have varying levels of legislative control over the Commission. The type of committee assigned normally depends on the policy area being regulated.

Advisory Committees

Approximately 60 Committees, 50 % of them on agricultural issues. The Commission regularly consults experts before drawing up new legislation. These committees, are composed of relevant experts (private sector or MS) designed to ensure that the Commission hears the concerns of those who affected by laws. Following draft measures by the Commission, the committee delivers its opinion within a certain time limit "if necessary by taking a vote" (simple majority).

The Commission only has to take "utmost account of the opinion delivered" and inform the committee about how its views were dealt with.

This procedure is generally used when the policy matters is not very politically sensitive (Commission wording !)

Private sector and Government representativesnational experts

Drafting phase (> 1350)

Advisory committees

Expert groups

Scientific committees

Social dialogue committees (47-50)

Set up by the European Commission

Adoption phase (+/-400)

COREPER I and II

Specialised Committees

Working groups

Set up by the Council, Commission and the Parliament

30-40 decisions a year - signed off by the Council

Implementation phase (+/-400)

* Regulatory

* Management

* Advisory

Run by the Commission but participants from Member States

3-4,000 execution decisions annually

How many Committees?

Nobody knows for certain !

The European Training Institute suggest there are more than 2,000 committees.

In 2004, the Commission sent MEP Jens-Peter Bonde a list with more than 3,000 groups which it later corrected to approximately 1,500. Only 1,535 groups appear in the European Commission’s two online registers.

In 2007, the Parliament threatened to block travel reimbursement for these groups unless there was full transparency.

(Source: CorporateEurope.org)

Management Committees

Where the measures adopted by the Commission are not consistent with the Committee's opinion (delivered by qualified majority), the Commission must communicate them to the Council which, acting by a qualified majority, can change the Commission decision.This procedure is used in particular for measures relating to the management of the Common Agricultural Policy, Fisheries and the main Community programmes e.g Public Health Programme;

Regulatory CommitteesThe strictest procedure. Approximately 300 such committees, chaired by Commission and consisting of MS experts. The Commission can adopt implementing measures only if it obtains the approval of the Committee (voting by qualified majority)

If the Committee doesn’t agree or delivers an unfavourable opinion, the proposed measure is sent to the Council which either rejects (Commission cannot adopt the proposal) or confirms via a qualified majority. If neither course of action happens within 3 months, the Commission can go ahead.

This procedure is used for measures relating to protection of the health or safety of persons, animals and plants (eg approval of GM crops) and measures amending non-essential provisions of the basic legislative instruments.

The key role of Regulatory Committees

The Commission estimates that 99.5 per cent of implementing measures are adopted following the agreement of the committees without reference to the Council.

The latest report available from the Commission on the working of committees during 2003 (OJ C 65 17.3.2005) records only one example of a measure being referred to the Council and subsequently adopted by the Commission (authorisation of the placing on the market of sweet corn from genetically modified maize Bt11).

This compares with 2,768 instruments adopted by the Commission in 2003.

The infamous ‘133’ Committee Article 133 Committee decides EU trade policy.

Technically a working group of the Council it features one member and one substitute from each MS. The closed meetings take place weekly. The Committee controls the Commission trade negotiations with third countries.

The civil servants take decisions on international trade issues and trade disputes. The Council resolves any political problems and ratifies the decisions taken by the Committee. Some proposals are debated solely within the committee and approved en bloc by COREPER without further debate. But the citizens and elected representatives do not get to see what has been negotiated on their behalf until after the deals have been concluded either in the WTO, the GATS, or with individual countries.

Criticisms of Comitology Having limited influence on the committee procedures,

the Parliament wants to restrict the delegation of implementation measures to the Commission to purely routine measures. There are calls to ensure the role of the Parliament as co-legislator in procedures of legislative oversight

Extensive law-making powers to invisible and largely unaccountable committees made up of Commission officials and civil servants from Member States

"the case for greater transparency is overwhelming" and that the “precise details of the remit of each committee, membership, agendas, rules of procedure and opinions should be published.”, UK House of Lords

Expert Committees Expert committees composed of senior officials from the

European Commission and national ministries form an integral part of the European Union's system of governance preparing decisions for the Commission

Besides preparing new legislation, committees are crucial to processes of information exchange, peer review and the comparative assessment of country specific policy responses. A committee is meant to provide additional expertise on a subject matter and thus complement the Commission services. It may also serve as an arena for floating policy ideas and anticipating future reactions to them, for example, in the Council

In general, expert committees are considered vital in building consensus.

Non formalised structures Not linked to the legislative process and no formal role

in decision-making. Invitation either by invitation or open application. Agenda, rules and working practices often agreed with participants as a way of building shared ownership. Commission facilitates by hosting meetings and sometimes covering travel costs.

EU Platform on Diet and Nutrition, EU Alcohol and Health Forum

European Commission Working Parties (e.g; alcohol, mortality, health indicators)

European Health Policy Forum, Open Health Forum DG Trade Civil Society Dialogue

Latest reform of Comitology July 2006, new rules adopted by the Council New ‘regulatory procedure with scrutiny’. The

European Parliament now has a right of veto on ‘quasi-legislative’ measures dealt with by the Regulatory, Management and Advisory committees in the execution phase.

But the Commission can still create expert groups to advise it. There are no formal requirements on transparency for these groups.

Section V: Alcohol in EU policies and initiatives

EC Communication on alcohol and health

EU Road Safety programme

Common Agricultural Policy and wine reform

Food labelling legislation and alcohol

DAPHNE programme to prevent violence against women and children

What is the big deal about labels?

• Full list of ingredients or just allergy producing substances?

• Health warnings or moderate consumption messages?

• Impact?

DAPHNE, 50 million €, 2004-2008

Action to prevent violence against children, young people and women: the DAPHNE programme

Designed to prevent and combat all forms of violence against children, young people and women. Three target groups have been clearly identified. These are children (up to the age of 18), young people (12-25 years old) and women.

All types of violence and all aspects of this phenomenon are covered, whether occurring in public or in private. It includes violence in the family, in schools and other educational institutions or in the workplace, commercial sexual exploitation, genital mutilation and human trafficking.

Mopping up the wine lakeThe EU is the world's biggest producer, consumer, exporter and importer of wine. The Common Market Organisation (CMO) for wine was last reformed in 1999.

€ 1.3 billion a year of EU subsidies including € 14 million on marketing and promotion of wines and € 500 million on “crisis distillation” turning surplus wine into industrial alcohol and biofuels .

The EU has 45 % of the world’s vineyard land. France, Italy and Spain are not only the EU's but the world's top producers by volume. Then Germany, Portugal, Hungary, Greece, Austria, Slovenia, the Czech Republic, Slovakia and Cyprus.

There has been consistent overproduction, mostly poor quality table wine. The surplus wine lake is now estimated at 1.5bn litres, or enough for every European Union citizen to take roughly four free bottles each.

The Commission proposes 1/8 vineyards to be dug up over 5 years.

Drink-driving moving up EU the agenda

EU Road Safety Action Plan plans to cut accidents by 50 % by 2010

17,000 deaths on the road 10,000 of which are not the drivers. 1 in 3 of such fatalities.

What the WHO says works:

- Tightening the Blood Alcohol Concentration levels

- Random breath testing

- Withdrawal of licenses and stronger penalties

- Use of IT tools and new technology to update vehicle design

Taxation• Needs a unanimous decision by all Member States to

change minimum excise duties• Beer producing countries are determined not to lose out in

comparison to wine producing countries• Enlargement has increased the number of EU Member

States that produce alcohol and have low tax rates.• Commission is prioritising tobacco taxation issues over

alcohol taxes because of the low likelihood of agreement• Commission services (DG TAXUD) are unconvinced

about tax as a mechanism to influence consumption patterns on alcohol.

• BUT, takes action against 5 MS for minimum retail price for cigarettes, recommending instead tax as a mechanism to cut tobacco use !

Retailing - the non Nordic way !

Point of sale - allocation of prime shelf spaceSales promotions - reductions for multiple purchasesIn-store tastings

The impact of the single market

Alcohol allowances are excessive compared to other excise products. (800 cigarettes, 10 litres of diesel or 230 litres of alcohol).

Knock, knock ………

Sales of alcohol over the internet have raised concerns in the US and Europe. Age-checks to prevent underage sales.

The ECJ ruled that tax rates of the home country apply rather than those of the supply country. (JOUSTRA).

The ECJ ruled that the private import ban in Sweden was not an intrinsic part of the operating of the retail monopoly and therefore contravened EU law (ROSENGREN)

What about the EU alcohol strategy ? The strategy was supposed to cover the following issues:

Protection of young people – no sales to underage. Better enforcement of laws. No marketing targeting them and supporting effective interventions

Drink-driving – better enforcement, random breath testing, license suspensions, awareness raising, reducing the BAC for young/novice drivers, treatment for repeated DUI

Protection of 3rd parties – awareness raising on impact during pregnancy, support for kids in families affected by drinking problems

Preventing ARH in adults – brief treatment and interventions, responsible beverage service, active enforcement of existing legislation

Cross-cultural evidence – common knowledge basis, quality data and research at MS level, exchange of best practice

Awareness raising on alcohol impact – eg with consumer policy and better information especially labelling, education but not in isolation

EC Communication on alcohol and health

Finally, an EU alcohol strategy…. but it is very limited in scope and rests largely on supporting Member State actions.

Alcohol is firmly on the EU policy agenda…but the most powerful EU mechanism, legislation, is off the agenda.

The Forum will NOT be the place for policy discussions but both NGOs and industry seek such policy dialogue. Where will this happen?

The ‘price of entry’ for industry to have access to SANCO via the Alcohol and Health Forum is that they must commit to concrete actions and increasing funds. But they already enjoyed frequent and good relations at senior SANCO level and NGOs face the same ‘price of entry’.

There will be no balance in numbers of NGO/industry members

Alcohol at EU level before the Strategy

SANCO Working Party on health indicators (project leaders, academics)

SANCO Network of Competent Authorities (MS)

European Health Policy Forum (stakeholders inc healthcare economic operators but not

alcohol industry)

This was the only formalised input for the alcohol industry towards DG SANCO

Working Group on Alcohol and Health - MS and WHO. Occasionally linked meetings with interest groups.

Alcohol specific Indirectly addressed alcohol in policy or data collection

Alcohol at EU level after the Strategy

Standing Committee on data collection (MS, academics, links to

SANCO WP on lifestyles)

Standing Committee on

National Policy (MS)

Industry has a role in all of the elements of the strategy implementation except the Standing Committees but some cross-linking is foreseen

Open Forum - all interested parties incl industry

MS are observers of the Forum. Forum members may be invited to SC meetings

Forum Plenary - stakeholders incl industry and observers (MS, WHO)

Standing Group on Science - experts some nominated by industry