EU Lobbying, Ethics and Transparency: Do Do-s s and Dont-s Dont Q&A

The following lowing document contains the answers to the questions from the participants at the free webinar on EU public affairs held by the European Training Academy and Burson Burson-Marsteller Marsteller on 29 April 2013. It is intended for information purposes only.

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 pro process cess 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, rally, 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 dont have to declare who they meet with. Doesnt 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 ha have ve 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 compliance with the code of conduct may lead, following an investigation to such measures as suspension or removal from the register and, if applic applicable, able, 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/transparencyhttp://europa.eu/transparency register/complaints/complaint-mechanism/index_en.htm. 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 nce 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 Commis Commissioners sioners 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 Commissions hierarchy hierarc down to Head of Unit level?

EU Lobbying, Ethics and Transparency: Do Do-s and Dont-s Webinar April 29, 2013

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 uroparl.europa.eu/news/en/pressroom/content/20130416IPR07396/html/Code-ofuroparl.europa.eu/news/en/pressroom/content/20130416IPR07396/html/Code http://www.europarl.europa.eu/news/en/pressroom/content/20130416IPR07396/html/Code Conduct-implementing-measures-adopted adopted for more information. Q: What will happen if MEPs dont follow the rules? A: The link above addresses the issue of sanctions. ist (who MEPs meet with) publicly available, if not, do you think it should be? If yes, where Q: Is this list 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 respecti 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 dont comply? A: I have not analysed carefully who doe does s 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 ggest problem with the current register is that it is not mandatory for all and there is significant under-participation participation by certain categories of lobbyists (the lawyers are often cited in this respect). It is the position of Burson Burson-Marsteller and my view that hat 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 e 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 s state tate 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 registration of law f firms that offer lobby services? A: As stated above, it is the position of Burson Burson-Marsteller 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 g 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?

EU Lobbying, Ethics and Transparency: Do Do-s and Dont-s Webinar April 29, 2013

A: As presented, there are the Guidelines on Gifts and Hospitality and the rele relevant vant 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 h 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 sophisticate sophisticated d 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 ac action. tion. 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 r range ange 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 member-state 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 compliance with the code of conduct may lead, following an investigation to such measures me 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 informat information ion see: http://europa.eu/transparencyhttp://europa.eu/transparency register/complaints/complaint-mechanism/index_en.htm. mechanism/index_en.htm. All views expressed are the personal views of Robert Mack unless otherwise noted above.

EU Lobbying, Ethics and Transparency: Do Do-s and Dont-s Webinar April 29, 2013