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.

News & Politics

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