Lecture given in Brussels (EMBA Corvinius, Ichec Mineure Europe, Université de Metz, Ichec entreprises DESMIM)

1. IF YOU DON’T CARE ABOUT EUROPE, EUROPE TAKES CARE OF YOU Basic EU Lobbying Jacques Folon Partner EDGE CONSULTING Chargé de cours ICHEC Visiting professor Université de Metz Lecturer Université de Liège

3. What do you think is a lobbyist?

6. http://www.youtube.com/watch?v=cMKoDiE-PiY&feature=player_embedded#

8. Source: Regulating Lobbying: Promoting Transparency or Straw Man , Presented by: Professor Gary Murphy, Dublin City University TCD, 12 th March 2010 Country Rules Governing Lobbyists Australia As of 1 July 2008 there are national rules in place and a register. Originally formulated and implemented in the 1980s, lobbying rules were then abandoned in 1996. Western Australia (2006), New South Wales (2009), Queensland (2009) Austria No statutory rules Belgium No statutory rules Bosnia and Herzegovina No statutory rules Canada Federal Level: Rules and Register since the Lobbyists Registration Act of 1989, amended in 1995, 2003 and 2008. Provincial Level: Lobbying regulations exist in Ontario (1998); Nova Scotia (2001); British Columbia (2001); Quebec (2002); Newfoundland (2005) and Alberta (2007). Coratia No statutory rules Denmark No statutory rules Estonia No statutory rules EU: European Parliament Regulated by Rule 9(2) of the Rules of Procedure, 1996. EU: Commission Before 2008, ‘self-regulation’ was the model adopted by the Commission. However, as of 23 June, 2008, the Commission opened a voluntary register of interest representations. EU: Council No statutory rules France Indicated its aim to introduce a voluntary parliamentary run register – July 2009. Germany Regulation and registration through rules of procedure of the Bundestag in 1951; later amended in 1975 and 1980.

9. Source: Regulating Lobbying: Promoting Transparency or Straw Man , Presented by: Professor Gary Murphy, Dublin City University TCD, 12 th March 2010 Hungary Regulation of Lobbying Activity since 2006. Iceland No statutory rules Japan No statutory rules Latvia No statutory rules Lithuania Regulation since 2001. Luxembourg No statutory rules India No statutory rules Ireland No statutory rules Italy No statutory rules at national level. Nevertheless, regional schemes have been introduced in the Consiglio regionale della Toscana in 2002 and Regione in 2004. Japan No statutory rules Malta No statutory rules Netherland No statutory rules New Zealand No statutory rules Norway No statutory rules Poland Regulations since 2005. Portugal No statutory rules Rep Korea No statutory rules Romania No statutory rules

10. Source: Regulating Lobbying: Promoting Transparency or Straw Man , Presented by: Professor Gary Murphy, Dublin City University TCD, 12 th March 2010 Serbia No statutory rules Slovakia No statutory rules Slovenia No statutory rules Spain No statutory rules Sweden No statutory rules Taiwan Lobbying Act passed on 8/8/2007, came into force on 8/8/2008. Turkey No statutory rules United Kingdom No statutory rules in either Commons or House of Lords. United States Federal Level: The Lobbying Act 1946, amended in 1995 and 2007. State Level: All states have lobbying regulations.

13. Europe or Europe(s)

15. The EU Institutions EUROPEAN COMMISSION proposes, manages, regulates EUROPEAN PARLIAMENT comments, amends, decides COUNCIL OF MINISTERS negotiates, decides MEMBER STATE implements EUROPEAN COURT adjudicates ECONOMIC AND SOCIAL COMMITTEE represents economic and social groups COMMITTEE OF THE REGIONS represents local governments EUROPEAN COUNCIL sets the agenda

16. Everything is on the Web

26. Reminder…

29. EU Summit Lisbon 13/12/2007 Then two years of ratification including Ireland and Polish and Tchek hesitations 1/12/2009 it is done !

30. One bloc: the European Union 3 treaties Lisbon Maastricht Rome

31. The EU is (finally) a legal entity Lisbon Treaty is 152 pages of technical jargon modifying the Rome and Maastricht treaty 13 protocoles 59 declarations Remember it was supposed to be simple !!!!!

32. What is new? One president of the European council (and not the president of Europe!) A VP of the Commission high representative for external affairs and security More competences for the EU Parliament More codecision Sort of referendum (one million eu citizens)

33. Commission Until 2014 one commissioner by member state After 2014 number of commissioner = 2/3 number of member states More powers for the president of the commission (by instance to fire one commissioner).

35. The legal process

36. The European Parliament

38. Seats per Member State in the EP (785 MEPs) Plenary Room Strasbourg

39. EU Parliament by political group

40. Men - women

41. Committees

45. Commission

47. Source: touteleurope.eu

49. Development of a proposal Draft Proposal from DG Responsible Inter-service consultation: Other DGs consulted Legal Services Examination Heads of Cabinet Commission College: Adoption of the Proposal

50. Council

52. Source: Your Guide to EU Lobbying & Social Media Caroline De Cock

53. Source: Your Guide to EU Lobbying & Social Media Caroline De Cock

54. Source: Your Guide to EU Lobbying & Social Media Caroline De Cock

56. The Council: internal structure Council of Ministers COREPER Council Working Groups Presidency: manages process and work-flow Input from Member States

58. Council Working Groups - Member State Officials - Attachés 27 Delegations composed of Tour de table= 135 minutes

60. EU TRIANGLE Counsel Member states Commission EU Voice Parliament Citizen’s voices

61. Relations entre institutions PARLEMENT EUROPEEN [785 députés] COMMISSION EUROPEENNE [27 commissaires] COUR DE JUSTICE Respect du droit communautaire Proposition Exécution CONSEIL EUROPEEN [Chefs d ’Etat et de gouvernement + le Président de la Commission] Impulsion politique COUR DES COMPTES Consultation Contrôle des Finances communautaires CONSEIL DES MINISTRES [27 pays] Contrôle Vote COMITE ECONOMIQUE ET SOCIAL COMITE DES REGIONS

62. OCT 01 EUROPEAN COMMISSION EUROPEAN PARLIAMENT (EP) COUNCIL OF MINISTERS (EU MEMBER STATES) COMMISSION PROPOSAL EP PLENARY VOTE (1st READING) COUNCIL ADOPTS COMMON POSITION (1st STAGE AGREEMENT) OCT 02 NOV 03 COUNCIL AGREES AND ADOPTS COREPER REJECTS SOME EP AMENDMENTS EP AND COUNCIL MEET TO NEGOTIATE COMPROMISE TEXT (CONCILIATION PROCEDURE) DIRECTIVE IS ADOPTED REJECTION JAN 04 OCT 02 MEMBER STATES IMPLEMENT DIRECTIVE INTO NATIONAL LEGISLATION / REQUIREMENTS OF REGULATION BECOME APPLICABLE EP COMMITTEES DISCUSS DRAFT REPORT/OPINIONS OCT 03 DEC 03 COMMISSION AMENDED PROPOSAL FEB-APRIL 04 MAY 02 EP ENVIRONMENT COMMITTEE VOTE EP ENVIRONMENT COMMITTEE DISCUSSION EP PLENARY VOTE (2nd READING) EP ENVIRONMENT COMMITTEE VOTE EC EP EP EP EP EP EP EP EP ENVIRONMENT COMMITTEE RECEIVES COMMON POSITION (2nd READING) JAN 04 EP No later than 18 months after adoption CL FEB 04 OCT 01 EP EC: Commission CL: Council EP: Parliament RAPPORTEURS TABLE DRAFT REPORTS/OPINIONS TRIALOGUE (EP, COM, COUNCIL) RAPPORTEURS APPOINTED NOV 03 CL DEADLINE FOR AMENDMENTS CL JUNE 03 HEALTH WORKING GROUP MEETINGS JAN 04 EC COUNCIL HEALTH WORKING GROUP INTENSE NEGOTIATIONS COMMISSION AMENDED PROPOSAL Co-Decision is now the norm

63. Be at the right place at the right time Commission proposal Council (Working Group, Coreper, Council of Ministers) - First Reading European Parliament First reading Common Position of the Council European Parliament – second reading poss. Conciliation procedure –3rd reading Adoption of legislation Consultation I. Working/Strategy Paper II. Green/White Book, Communication III. Online Consultation IV. Hearing Attending hearing European Commission Addressing author of documents Responsible National Ministry MEP’s in responsible committee, Rapporteur (Commission) Attending hearing (poss. Hearing of experts) Responsible National Ministry MEP’s in responsible committee Rapporteur Rapporteur Responsible National Ministry Stages Addressee for Lobbying

67. Commission Lobbyist Committees (national experts and European Commission) Committees of the european Parliament Permanent Representation to the European inst. Council‘s Working Groups European Parliament European Economic and Social Committee COREPER Lobbyist Council European Court of Justice Member States EU-citizens Lobbyist Opinion Opinion Proposal Opinion Opinion Directive Regulation EU – Legislative proces and the lobbyists Lobbyist

68. Bruxelles: tout le monde est là donc … Commission Parlement Conseil des Ministres Services financiers FBE, EACB, ESBG, GEBC, EUROFINAS, EFAMA, CEA, …) Think tanks (Eurofi, Bruegel, CEPS, EPC, …) Consultants en Affaires UE & cabinets d’avocat Medias & journaux Syndicats d’industrie locaux (MEDEF, FBF, AFG, …) Secteur privé (Crédit Agricole S.A., Daimler Chrysler , …) Les régions & Collectivités locales ONG Organisations Internationales (NUs, Banque Mondiale, …) Chambres de commerce et d’industrie Groupes de Consommateurs (BEUC) Représentations des Etats membres Syndicats de branche d’activité (Business Europe, EBIC, ACEA, CEFIC, …) Syndicats de Travailleurs (ETUC, …)

69. Veille règlementaire européenne Syndicats d’industrie (FBE, FBF, EACB, GEBC, Eurofinas, …) Think tank Consultants spécialisés Affaires UE Medias & journaux Institutions Européennes Correspondant à Bruxelles Direction juridique Affaires Européennes Direction stratégiques Direction Economique Lignes de métier

83. Council Adoption Commission (amendments) Parliament (2nd reading) Council = Common Position COREPER Council Working Group Commission proposal 24/30 months Commission involvement throughout Conciliation EP/ Council Commission (revision) Parliament (1st reading) Council Working Group The Lobbying pyramid

88. The Burson-Marsteller Campaign Model

91. The results of the Burson-Marsteller 2009 Lobbying Survey

94. Effectiveness of lobbying: Industry vs. NGO

95. Poor practices frequently commited by Industry & NGOs

116. Code of conduct Interest representatives are expected to apply the principles of openness, transparency, honesty and integrity, as legitimately expected of them by citizens and other stakeholders.Similarly, Members of the Commission and staff are bound by strict rules ensuring their impartiality. The relevant provisions are public and contained in the Treaty establishing the European Community, the Staff Regulations, the Code of Conduct for Commissioners and the Code of good administrative behaviour.

122. http://www.youtube.com/watch?v=Ddq9WDo3Aoc

125. And the war is clearly not finished http://www.alter-eu.org/

131. Lowly Regulated Systems Medium Regulated Systems Highly Regulated Systems Registration regulations Rules on individual registration, but few details required Rules on individual registration, more details required Rules on individual registration are extremely rigorous Targets of Lobbyists Defined Only members of the legislature and staff Members of the legislature and staff; executive and staff; agency heads and public servants/officers Members of the legislature and staff; executive and staff; agency heads and public servants/officers Spending disclosure No rules on individual spending disclosure, or employer spending disclosure Some regulations on individual spending disclosure; none on employer spending disclosure Tight regulations on individual spending disclosure, and employer spending disclosure Electronic filing Weak on-line registration and paperwork required Robust system for on-line registration, no paperwork necessary Robust system for on-line registration, no paperwork necessary Public access List of lobbyists available, but not detailed, or updated frequently List of lobbyists available, detailed, and updated frequently List of lobbyists and their spending disclosures available, detailed, and updated frequently Enforcement Little enforcement capabilities invested in state agency In theory state agency possesses enforcement capabilities, though infrequently used State agency can, and does, conduct mandatory reviews /audits Revolving door provision No cooling off period before former legislators can register as lobbyists There is a cooling off period before former legislators can register as lobbyists There is a cooling off period before former legislators can register as lobbyists

132. So lobbying will continue to exist…

133. And do not imagine it’s not there

134. Jacques Folon + 32 475 98 21 15 [email_address] [email_address]

135. QUESTIONS ?