IF YOU DON’T CARE ABOUT EUROPE,IF YOU DON’T CARE ABOUT EUROPE,EUROPE TAKES CARE OF YOUEUROPE TAKES CARE OF YOU

Basic EU LobbyingBasic EU Lobbying

Corvinus University EU study tripCorvinus University EU study trip

Jacques FolonJacques FolonPartner Just In Time Management GroupPartner Just In Time Management Group

Prof. ICHEC Management School Prof. ICHEC Management School

Visiting professor Université de MetzVisiting professor Université de Metz

What do you think is a What do you think is a lobbyist?lobbyist?

1. The EU institutions1. The EU institutions2. The EU legislative 2. The EU legislative processprocess3. Why ?3. Why ?4. Who are the lobbyists4. Who are the lobbyists5. How to ?5. How to ?6. What the lobbied think6. What the lobbied think7. The code of conduct7. The code of conduct8. The Euro-jargon8. The Euro-jargon9. How to earn money with 9. How to earn money with EUEU

Europe or Europe(s)Europe or Europe(s)

Many institutionsMany institutions

• Europe in OECD, WTO,… Europe in OECD, WTO,… • SchengenSchengen• Economic and social comitteeEconomic and social comittee• Committee of the regionsCommittee of the regions• European Investment bankEuropean Investment bank• European environment AgencyEuropean environment Agency• EuropolEuropol• Group of 27Group of 27• Etc…Etc…

EUROPEAN COMMISSIONproposes, manages, regulates

EUROPEAN PARLIAMENTcomments, amends, decides

COUNCIL OF MINISTERSnegotiates, decides

MEMBER STATEimplements

EUROPEAN COURTadjudicates

ECONOMIC AND

SOCIAL COMMITTEErepresents economic

and social groups

COMMITTEE OF

THE REGIONSrepresents local

governments

EUROPEAN COUNCILsets the agenda

1. The EU Institutions1. The EU Institutions

Reminder…

Eight long years

•Laeken declaration 15 December 2001.

•Convention with 3 objectives

• Clarification of competences• Simplification• more democracy and transparency

• 24/10/2004 constitution signed but …•Referendum in the Netherlands and France•Reflexion period …•Minimal treaty to be signed before the end of 2007

EU Summit Lisbon 13/12/2007Then two years of ratification including Ireland and Polish and Tchek hesitations

1/12/2009 it is done !

One bloc: the European Union

3 treaties LisbonMaastrichtRome

The EU is (finally) a legal entity

Lisbon Treaty is 152 pages of technical jargon modifying the Rome and Maastricht treaty 13 protocoles59 declarations

Remember it was supposed to be simple !

What is new?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)

Commission

Until 2014 one commissioner by member stateAfter 2014 number of commissioner = 2/3 number of member states

More powers for the president of the commission (by instance to fire one commissioner).

   

2. The legal process2. The legal process

The European ParliamentThe European Parliament

Direct election

Part of the codecisionProposals are discussed in commission then in plenary

For each text a rapporteur within the committee« shadow rapporteur » for each political groupRapporteur and « shadow rapporteurs » from other committee

A coordinator in each political group

EU Parlaiment by political EU Parlaiment by political groupgroup

Men - womenMen - women

CommitteesCommittees

CommissionCommission

• InitiativeInitiative

• ExecutiveExecutive

• Safegard of the treatySafegard of the treaty

• Represent the UnionRepresent the Union

• Competition authorithyCompetition authorithy

Development of a proposalDevelopment of a proposalDraft Proposal from DG Responsible

Inter-service consultation: Other DGs consulted

Legal Services Examination

Heads of Cabinet

Commission College:Adoption of the Proposal

CouncilCouncil

The basics…The basics…• Consists of Member State representativesConsists of Member State representatives

• Meets in different formations according to policy areas (e.g.: Meets in different formations according to policy areas (e.g.: Environment, Agriculture, Health)Environment, Agriculture, Health)

• Main decision-making body of EUMain decision-making body of EU– Co-legislator with ParliamentCo-legislator with Parliament– Concludes international agreements on behalf of EUConcludes international agreements on behalf of EU

• Decision making:Decision making:– Decisions by qualified majority with system of weighted votesDecisions by qualified majority with system of weighted votes– Shifting alliancesShifting alliances– Slowing down with 27 Member StatesSlowing down with 27 Member States

• Essentially the domain of government officialsEssentially the domain of government officials– Politicians only called in for to rubber stamp final decisionsPoliticians only called in for to rubber stamp final decisions

• Rotating Presidency every six monthsRotating Presidency every six months

• New role for council president ?New role for council president ?

• Current Presidency until end June 2010: SpainCurrent Presidency until end June 2010: Spain

• Following presidencies: Belgium, HungaryFollowing presidencies: Belgium, Hungary

• In practice, depending on the Member State each In practice, depending on the Member State each Presidency is different and quality variesPresidency is different and quality varies

EU Council PresidencyEU Council Presidency

The Council: internal The Council: internal structurestructure

Council of Ministers

COREPER

Council Working Groups

Presidency: manages process

andwork-flow

Input from Member States

=345 Total

FranceGermanyItalyUK

SpainPoland

NL Belgium Greece Portugal Czech R. Hungary

Sweden Austria Bulgaria

Denmark Ireland Finland Slovakia Lithuania

Lux.LatviaSloveniaEstoniaCyprus

Qualified Majority = 255Simple Majority of Member States62% of EU population (on request)

Malta

27

Romania

29 14 12 13 10 7 4 3

The Council: votesThe Council: votes

Council Working Council Working GroupsGroups

- Member State Officials- Attachés

27 Delegationscomposed of

Tour de table= 135 minutes

The « compromis à la belge » The « compromis à la belge » system system

• The H word: Harmonisation.The H word: Harmonisation.• What does it meansWhat does it means• Where does it start?Where does it start?

– Your companyYour company– Your regionYour region compromise 1compromise 1– Your countryYour country compromise 2compromise 2– Your national federationYour national federation compromise 3compromise 3– The eu organization The eu organization compromise 4compromise 4– The co-decisionThe co-decision compromise 5compromise 5– The various lobbiesThe various lobbies compromise 6compromise 6– The final text The final text compromise 7compromise 7– The implementation The implementation compromise 8compromise 8– That’s harmonization folks…That’s harmonization folks…

Anatomy of EU PowerAnatomy of EU Power

LegislativeProcess

LegislativeProcess

Proposedamendment

Politicalbenediction

Policy conceptscommunication

initiatives

Formal proposals(Commission monopoly)

Implementation by Member Stares

Much strongervetoEP

Member States QMVCommon Position

Commission

Heads of State+

Government

Heads of State+

Government

EuropeanParliamentEuropeanParliament

Policy developmentPolicy development

Research

“Green Papers”

“Programmes”

Work programmesWork programmes

Draft legislation

Internal + external

consultation

Management+

Regulatoryresponsabilities

Management+

Regulatoryresponsabilities

Council of (relevant) Ministers

debate

Council of (relevant) Ministers

debate

Policycommunication

Consultation

Conclusions/RecommendationsResolutions etc.

Member StateExpert GroupsMember StateExpert Groups

Member StateManagement

+ConsultativeCommittees

Member StateManagement

+ConsultativeCommittees

European Commission

European Commission

Member States QMVConciliation?

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 01EP

EC: CommissionCL: CouncilEP: Parliament

RAPPORTEURS TABLE DRAFT REPORTS/OPINIONS

TRIALOGUE (EP, COM, COUNCIL)

RAPPORTEURS APPOINTED

NOV 03CL

DEADLINE FOR AMENDMENTS

CL JUNE 03

HEALTH WORKING GROUP MEETINGS

JAN 04EC

COUNCIL HEALTH WORKING GROUP INTENSE

NEGOTIATIONS

COMMISSION AMENDED PROPOSAL

Co-Decision is now the norm

3. Why LOBBYING ?

Brussels the place to be !Brussels the place to be !

80% of national law comes from EU80% of national law comes from EU

Necessary to be there in orderNecessary to be there in orderto anticipateto anticipateto be heard on timeto be heard on time

Texts comes from everywhere in many Texts comes from everywhere in many languageslanguages

Programmes pluriannuels de la Commission européenne

Ex : Programme 2007-2013 en faveur de la protection des consommateurs

Programmes communs des trios de Présidences

Du Conseil de l’Union européenne - Espagne, Belgique, Hongrie

Rapports d’initiatives du Parlement européen

Plans d’action de la Commission européenne

Ex : Plan d’action en faveur de la signature et de l’identification électroniques

Travaux préparatoires et consultatifs de la Commission européenne

Consultation Livre Vert, Livre Blanc, Études, Rapport

Proposition législative de la Commission européenne

Directive ou Règlement

Vote par le Parlement et le Conseil

Commission’s different Commission’s different documentsdocuments

DG/Département JuridiqueDG/Département Juridique

Action plan initiatives to come within 12 to 60 months

Green book open document subject to discussions

White book document with a claer goal subject to discussion

Communication ideas subject to discussions

DirectiveMust be transformed in national law

Reglement immediately applicable in the member states

Le triangle institutionn

el

Conseil

La voix des Etats membres

Commission

La voix de l’UE

Parlement

La voix des citoyens

Relations entre institutions

PARLEMENT EUROPEEN

[785 députés]

COMMISSION EUROPEENNE

[27 commissaires]

COUR DE JUSTICE

Respect du droitcommunautaire

PropositionExécution

CONSEIL EUROPEEN[Chefs d ’Etat et de gouvernement

+ le Président de la Commission]

Impulsion

politique

COMITE ECONOMIQUE

ET SOCIAL

COMITEDES

REGIONSCOUR DES COMPTES

Consultation

Contrôle des Finances

communautaires

CONSEIL DES MINISTRES

[27 pays]

Contrôle

Vote

Bruxelles : multiplicité des acteurs

Commission

Parlement

Conseil des Ministres

Services financiers

FBE, EACB, ESBG,GEBC, EUROFINAS,

EFAMA, CEA, …)

Think tanks(Eurofi, Bruegel,

CEPS, EPC, …)

Consultants enAffaires UE &

cabinets d’avocat

Medias & journaux

Syndicatsd’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, …)

Organisation d’une Organisation d’une veilleveille

Veille règlementaire européenne

Dir

ecti

on

ju

rid

iqu

e

Aff

air

es

Eu

rop

éen

nes

Dir

ecti

on

str

até

giq

ues

Dir

ecti

on

Econ

om

iqu

e

Lig

nes d

e

méti

er

Syndicats d’industrie(FBE, FBF,

EACB, GEBC,Eurofinas, …)

Think tank

Consultants spécialisés Affaires UE Medias &

journauxInstitutions Européennes

Correspondant à Bruxelles

4. Who are the lobbies?4. Who are the lobbies?

What are interest groups?What are interest groups?

• An interest group (also called an An interest group (also called an advocacy group, lobbying group, advocacy group, lobbying group, pressure group (UK), or special pressure group (UK), or special interest) is a group, however loosely interest) is a group, however loosely or tightly organized, doing advocacy: or tightly organized, doing advocacy: those determined to encourage or those determined to encourage or prevent changes in public policy prevent changes in public policy without trying to be elected. without trying to be elected.

• An interest group (also called an An interest group (also called an advocacy group, lobbying group, advocacy group, lobbying group, pressure group (UK), or special pressure group (UK), or special interest) is a group, however loosely interest) is a group, however loosely or tightly organized, doing advocacy: or tightly organized, doing advocacy: those determined to encourage or those determined to encourage or prevent changes in public policy prevent changes in public policy without trying to be elected. without trying to be elected.

What are interest What are interest groups?groups?

Interest groups Interest groups

are political organizations established are political organizations established to influence governmental action in to influence governmental action in a specific area of policy. This could a specific area of policy. This could be done by persuading legislators, be done by persuading legislators,

working through a regulatory working through a regulatory bureaucracy, engaging in legal bureaucracy, engaging in legal proceedings, or other means. proceedings, or other means.

LobbyingLobbying

Lobbying is an attempt to influence Lobbying is an attempt to influence policy-makers to adopt a course of action policy-makers to adopt a course of action advantageous, or not detrimental, to a advantageous, or not detrimental, to a particular group or interest. A lobbyist is particular group or interest. A lobbyist is a person employed by a group, firm, a person employed by a group, firm, region or country to carry out lobbying. region or country to carry out lobbying. Lobbyists in Brussels are also known as Lobbyists in Brussels are also known as consultants or public affairs practitionersconsultants or public affairs practitioners

Theoretical Theoretical approachesapproaches

• Power of interest groupsPower of interest groups. . • Some authors find the existence of the interest groups as Some authors find the existence of the interest groups as

disturbing democratic process. disturbing democratic process.

• For these Authors, powerful groups dominate politics and For these Authors, powerful groups dominate politics and impose their own interests at the extend of common interests. impose their own interests at the extend of common interests.

• Different from political parties, they are not aspiring for formal Different from political parties, they are not aspiring for formal political power both in the government or in the parliament. political power both in the government or in the parliament.

• As such they are not subject to democratic control (via As such they are not subject to democratic control (via election). They participate in the political process through election). They participate in the political process through lobbies with representatives and government officials. lobbies with representatives and government officials.

• Pluralism.Pluralism.

• The main character of a democratic The main character of a democratic system is competition of interest. system is competition of interest.

• Common interests are not what the state Common interests are not what the state defines, but a result of political bargaining defines, but a result of political bargaining in the society, in the diversity of interests in the society, in the diversity of interests represented by various autonomous represented by various autonomous interest groups.interest groups.

Theoretical approachesTheoretical approaches

Theoretical approachesTheoretical approaches• Corporatism. Corporatism. • This theory assumes a close association between state This theory assumes a close association between state

and interest groups. and interest groups.

• Interest groups within this system have special Interest groups within this system have special characteristics: officially recognised, monopoly of characteristics: officially recognised, monopoly of representation within particular sectors. representation within particular sectors.

• It is political participation of different style or, more It is political participation of different style or, more appropriately, part of a regulation system rather than appropriately, part of a regulation system rather than competitive participation in the political process. competitive participation in the political process.

• It does not reflect the influence of the society’s It does not reflect the influence of the society’s interests. Rather it reflects the problems of conflicts of interests. Rather it reflects the problems of conflicts of society’s interests in the state.society’s interests in the state.

Some NumbersSome Numbers

• Approximate number of all EU employeesApproximate number of all EU employees– 35.00035.000

• Approximate number of all lobbyists with Approximate number of all lobbyists with the EUthe EU– 15.00015.000

• Approximate number of lobbyists in Approximate number of lobbyists in Washington DCWashington DC– 35.00035.000

Main types of IG’s in the EUMain types of IG’s in the EU• Private interests, pursuing specific Private interests, pursuing specific

economic goalseconomic goals• 1300 (plus 270 law firms and 1300 (plus 270 law firms and

consultancies)consultancies)• Public interest bodies, pursuing non-Public interest bodies, pursuing non-

economic aimseconomic aims• 300 (plus 40 think tanks)300 (plus 40 think tanks)• Governmental actors, representing Governmental actors, representing

different levels of government but not different levels of government but not forming part of the national administration forming part of the national administration of member statesof member states

• 360 (embassies, regional bureaus, cities)360 (embassies, regional bureaus, cities)

Private economic interestsPrivate economic interests• Most represented Most represented

– 150 groups – chemical industry150 groups – chemical industry– 140 groups – food and drink sector140 groups – food and drink sector– 88 groups – agriculture and fisheries88 groups – agriculture and fisheries

• Best represented – Pan-european groups:Best represented – Pan-european groups:– Union of Industrial and Employers’ Union of Industrial and Employers’

Confederations (UNICE)Confederations (UNICE)– European Trades Union Confederation (ETUC)European Trades Union Confederation (ETUC)– Committee of Agricultural Organizations Committee of Agricultural Organizations

(COPA) (COPA) – They also participate in the Economic and They also participate in the Economic and

Social Committee of the European CommissionSocial Committee of the European Commission

Private economic interestsPrivate economic interests

• The biggest enterprises are not only The biggest enterprises are not only members of different interest groups but members of different interest groups but have their own lobbying offices in have their own lobbying offices in Brussels (Philips, IBM, Philip Morris)Brussels (Philips, IBM, Philip Morris)

• 320 major European enterprises have full-320 major European enterprises have full-time EU public affairs directorstime EU public affairs directors

• Chambers of commerce don’t come only Chambers of commerce don’t come only from EU countries but also from the US, from EU countries but also from the US, Turkey, Norway, Morocco, or the Turkey, Norway, Morocco, or the Philippines Philippines

Public interest bodiesPublic interest bodies

• Among the most active are Among the most active are environmental, public health, human environmental, public health, human rights, animal welfare NGOsrights, animal welfare NGOs

• Also includes think tanksAlso includes think tanks

• Many smaller organizations actually Many smaller organizations actually get funding by the EUget funding by the EU

Governmental ActorsGovernmental Actors

• 167 Non-EU country embassies167 Non-EU country embassies– Mostly try to influence EUs trade and aid policiesMostly try to influence EUs trade and aid policies

• Delegations from local authorities or Delegations from local authorities or regional bodies: German Länder, Scottish regional bodies: German Länder, Scottish Executive, …Executive, …– some of the delegations are cross-border some of the delegations are cross-border

enterprisesenterprises– Committee of Region is an official advisory body Committee of Region is an official advisory body

to the European Commission to the European Commission

5. How to lobby ?5. How to lobby ?

Council

Adoption

Commission(amendments)

Parliament(2nd reading)

Council = Common Position

COREPER

Council Working Group

Commission proposal

24/30 months

Com

mis

sion

invo

lvem

ent t

hrou

ghou

t

Conciliation

EP/Council

Commission (revision)

Parliament (1st reading)Council Working Group

The Lobbying pyramidThe Lobbying pyramid

How to Lobby the council How to Lobby the council

• Influencing the Council can be done at two levels:Influencing the Council can be done at two levels:– National governments and ministriesNational governments and ministries– Permanent representations in BrusselsPermanent representations in Brussels

• Important to build support around an issue in enough Important to build support around an issue in enough member states so as to ensure a majority or a blocking member states so as to ensure a majority or a blocking minorityminority

• Lobbying the government is key in order to influence the Lobbying the government is key in order to influence the Council’s positionCouncil’s position

How to lobby the How to lobby the commissioncommission

• The Commission is a technocratic body, and officials respond to data The Commission is a technocratic body, and officials respond to data and argumentsand arguments

• However, when lobbying you need to be aware of different DGs’ However, when lobbying you need to be aware of different DGs’ political priorities, and those of the Commissionerpolitical priorities, and those of the Commissioner

• One DG is responsible for a dossier, but agreement is reached by the One DG is responsible for a dossier, but agreement is reached by the Commission as a whole and different DGs interact throughout out the Commission as a whole and different DGs interact throughout out the adoption process of a proposaladoption process of a proposal

• Within the same DG, it is important to work your way up the Within the same DG, it is important to work your way up the Commission’s structure: from the policy officer to the head of unit, to Commission’s structure: from the policy officer to the head of unit, to the Director and finally the Cabinet.the Director and finally the Cabinet.

• The right moment to influence the Commission is when they are in The right moment to influence the Commission is when they are in process of drafting the proposalprocess of drafting the proposal

• During the adoption of legislation the Commission is present at each During the adoption of legislation the Commission is present at each stage of the discussions and a key player, do not underestimate its stage of the discussions and a key player, do not underestimate its influenceinfluence

Checklist of key pointsChecklist of key points• Know your business objectiveKnow your business objective• Understand the system: its politics Understand the system: its politics

and processesand processes• Establish the right lobbying objectiveEstablish the right lobbying objective• Obtain good intelligence Obtain good intelligence • Review and revise strategy in real-Review and revise strategy in real-

timetime• GR is a process – start early and follow GR is a process – start early and follow

throughthrough• Consistency and co-ordination are Consistency and co-ordination are

keywordskeywords• Contact is key – with politicians, Contact is key – with politicians,

officials, othersofficials, others• Build relationshipsBuild relationships

Influencing the Enlarged Influencing the Enlarged EU:EU:Conclusions for BusinessConclusions for Business

• Start early in the processStart early in the process

• Mobilise supportMobilise support

• Target the right actorsTarget the right actors

• Build and maintain relationshipsBuild and maintain relationships

• Increase focus on the EPIncrease focus on the EP

• Watch out for a “multi-speed Watch out for a “multi-speed Europe”Europe”

The Burson-Marsteller The Burson-Marsteller Campaign ModelCampaign Model

6. What do the lobbied 6. What do the lobbied think?think?

The results of the Burson-Marsteller The results of the Burson-Marsteller 2009 Lobbying Survey2009 Lobbying Survey

The results of the Burson-Marsteller The results of the Burson-Marsteller 2009 Lobbying Survey2009 Lobbying Survey

Methodology of the surveyMethodology of the survey50 interviews in Brussels and 30 interviews were completed in:

Austria, Czech, Germany, Denmark, Finland, France, Greece, Hungary, Italy, Netherlands, Norway, Poland, Sweden, Spain and UK.

Audience definitions comprised of these criteria:

• Senior decision makers in Government or civil service occupation • Interact with lobbyists very often, quite often or occasionally

• Very or somewhat high interest in current affairs

The interviews were undertaken by PSB through a mixture of online, phone and face to face interviews.

Dates of fieldwork: October 2008– July 2009

Who are the lobbyists?Who are the lobbyists?• The most recognised lobbyists overall are:The most recognised lobbyists overall are:

o 61% 61% :: Trade associations Trade associations (Germany 58%)(Germany 58%)

o 57% 57% : Public affairs agencies : Public affairs agencies (Germany 58%)(Germany 58%)

o 50%50% : : NGOs NGOs (Germany 45%)(Germany 45%)

• Recognition for these top categories of lobbyist is highest in Nordic, Recognition for these top categories of lobbyist is highest in Nordic, Austria and Brussels and generally low for most categories of Austria and Brussels and generally low for most categories of lobbyist in France, Hungary and Spain. lobbyist in France, Hungary and Spain.

• A Brussels particularity: A Brussels particularity: 56% 56% of respondents deem of respondents deem lawyerslawyers as as

lobbyists starkly contrasting with the overall lobbyists starkly contrasting with the overall 24% 24% ((Germany 35%)Germany 35%)

What are the What are the positivepositive aspects of lobbying? aspects of lobbying?

• National respondents mostly viewed lobbyist as a means to National respondents mostly viewed lobbyist as a means to raise local and national issues with a raise local and national issues with a 50% 50% averageaverageo This peaks in Germany (This peaks in Germany (74%74%),), the UK ( the UK (72%72%) and Italy () and Italy (70%70%) )

• Providing information at the right time peaks in Providing information at the right time peaks in Germany ( 65%)Germany ( 65%)• By contrast to Brussels, the top positive aspects of lobbying are By contrast to Brussels, the top positive aspects of lobbying are

perceived as:perceived as:o Sharing expertise : Sharing expertise : 60% 60% ((Germany Germany 61%)61%)o Ensuring the that technical information is made Ensuring the that technical information is made

intelligible: intelligible: 58% 58% (48%)(48%)o Lobbying is a constructive part of the democratic process: Lobbying is a constructive part of the democratic process:

52% 52% (48%)(48%)• Compared to a Compared to a 48% 48% EU average, only EU average, only 3% 3% of Polish of Polish

respondents see lobbying as a constructive part of the respondents see lobbying as a constructive part of the democratic process democratic process

What are the What are the negativenegative aspects of lobbying? aspects of lobbying?

• Overall across Europe, lobbying is seen to be lacking transparency Overall across Europe, lobbying is seen to be lacking transparency

((57%57%) ) (G 65%)(G 65%) and not providing neutral information (and not providing neutral information (55%55%) ) (G (G 65%)65%)

• 90% 90% of Poles see lack of transparency as a major of Poles see lack of transparency as a major problem of lobbying problem of lobbying (Germany 65%)(Germany 65%)o Figures collected in Brussels are in line with the overall averageFigures collected in Brussels are in line with the overall average

• In striking contrast to the overall In striking contrast to the overall 23% 23% average, average, 58% 58% of of GermanGerman regulators and politicians see lobbying as exerting an undue regulators and politicians see lobbying as exerting an undue influence on the democratic processinfluence on the democratic process

How transparent are lobbyists? How transparent are lobbyists? •NGOs received higher ratings in NGOs received higher ratings in Northern European countries (e.g. Northern European countries (e.g. 8.358.35 in Norway and in Norway and 8.198.19 in in Denmark) and Brussels (Denmark) and Brussels (7.67.6) ) (Germany 6.8)(Germany 6.8)

•Brussels regulators and politicians Brussels regulators and politicians largely share this view, with largely share this view, with companies being seen as most companies being seen as most transparent (transparent (7.967.96) ) (Germany 8.0)(Germany 8.0)

•In Brussels (and generally across In Brussels (and generally across Europe), public affairs agencies Europe), public affairs agencies ((5.715.71) ) (Germany 6.3)(Germany 6.3) are seen as are seen as somewhat more transparent than somewhat more transparent than law firms (law firms (5.335.33) ) (Germany 5.45)(Germany 5.45)

•NGOs received higher ratings in NGOs received higher ratings in Northern European countries (e.g. Northern European countries (e.g. 8.358.35 in Norway and in Norway and 8.198.19 in in Denmark) and Brussels (Denmark) and Brussels (7.67.6) ) (Germany 6.8)(Germany 6.8)

•Brussels regulators and politicians Brussels regulators and politicians largely share this view, with largely share this view, with companies being seen as most companies being seen as most transparent (transparent (7.967.96) ) (Germany 8.0)(Germany 8.0)

•In Brussels (and generally across In Brussels (and generally across Europe), public affairs agencies Europe), public affairs agencies ((5.715.71) ) (Germany 6.3)(Germany 6.3) are seen as are seen as somewhat more transparent than somewhat more transparent than law firms (law firms (5.335.33) ) (Germany 5.45)(Germany 5.45)

What influences you to speak to a lobbyist?What influences you to speak to a lobbyist?

• Transparency is, as in the countries surveyed, one of the main Transparency is, as in the countries surveyed, one of the main factors rating at factors rating at 69% 69% (Germany 74%)(Germany 74%)

• The survey highlights that the Brussels respondents are most The survey highlights that the Brussels respondents are most willing to speak to a lobbyist when the topic is in their field of willing to speak to a lobbyist when the topic is in their field of expertise (expertise (73%73%) ) (Germany 71%)(Germany 71%) or if it interests them (or if it interests them (71%71%) ) (Germany 55%)(Germany 55%)

• Lobbiysts need to be particulary well prepared in Germany Lobbiysts need to be particulary well prepared in Germany (71%) (71%) avg 40%avg 40%

• Listing on a register is a factor in deciding to speak to a lobbyist Listing on a register is a factor in deciding to speak to a lobbyist for for only only 29% 29% (Germany 29%)(Germany 29%) of Brussels regulators and of Brussels regulators and politicians. This contrast with an overall average low figure of politicians. This contrast with an overall average low figure of 19% 19% across Europe. This factor rates highest in Italy (across Europe. This factor rates highest in Italy (50%50%)) where where there is currently no public registry for lobbyists.there is currently no public registry for lobbyists.

Which are the most effective lobbyist?Which are the most effective lobbyist?• The ranking differs The ranking differs

slightly for Brussels were slightly for Brussels were NGOs rank third with NGOs rank third with

6.426.42• Public Affairs agencies Public Affairs agencies

effectiveness peaks in effectiveness peaks in Austria (6,72) and Austria (6,72) and Germany (6,61%)Germany (6,61%)

• All categories of lobbyists All categories of lobbyists in in the Netherlands the Netherlands are are perceived as perceived as lessless effective with rates effective with rates

ranging from ranging from 4.684.68 for for

trade unions to trade unions to 3.323.32 for companiesfor companies

Effectiveness of lobbying: Industry vs. NGOEffectiveness of lobbying: Industry vs. NGO

Poor practices frequently commited Poor practices frequently commited by Industry & NGOsby Industry & NGOs

Which sources are used to make a decision?Which sources are used to make a decision?

• An overwhelming An overwhelming 95% 95% of respondents find that their best source of respondents find that their best source is their own research, with peaks at is their own research, with peaks at 100% 100% in six countries The in six countries The next source of information identified are: next source of information identified are: o 93% 93% : Colleagues : Colleagues o 90%90%: Their staff : Their staff o 89%89%: National public authorities: National public authoritieso 87% 87% : Internet : Internet

• Overall, Overall, 76% 76% of the respondents find that the European of the respondents find that the European institutions are a helpful source of informationinstitutions are a helpful source of informationo Interestingly the highest score for the European Interestingly the highest score for the European

institutions is in Poland (institutions is in Poland (97%97%) and Italy () and Italy (94%94%),), then then followed shortly behind by Brussels respondents (followed shortly behind by Brussels respondents (92%92%))

• NGOs come last as a source of information with NGOs come last as a source of information with 60% 60%

How best to best provide informationHow best to best provide information

• Overall meetings are seen by Overall meetings are seen by halfhalf of the of the respondents as the most efficient manner to respondents as the most efficient manner to communicate information. This is followed by communicate information. This is followed by site visits (site visits (41%41%) and written briefing material ) and written briefing material ((35%35%) ) (Germany 48%)(Germany 48%)o Respondents in Poland (Respondents in Poland (77%77%),), Germany (Germany (68%68%)) and Hungary and Hungary

((67%67%) found meetings was the most efficient manner to receive ) found meetings was the most efficient manner to receive informationinformation

o Site visits are particular popular in Norway (Site visits are particular popular in Norway (60%60%) ) (Germany 55 %)(Germany 55 %)o Email and phone contacts rank far below Email and phone contacts rank far below (Germany 23/13%)(Germany 23/13%)

Good Lobbyists…Good Lobbyists…(Commission view) Burston (Commission view) Burston

Marsteller studyMarsteller study• Provide balanced viewsProvide balanced views• Target informationTarget information• Give practical solutionsGive practical solutions• Mobilise other interest groupsMobilise other interest groups• Don’t waste timeDon’t waste time• Work in partnership with officialsWork in partnership with officials• React to requestsReact to requests• Keep in touchKeep in touch• Make timely interventionsMake timely interventions• Lobby EU capitals as well as BrusselsLobby EU capitals as well as Brussels

Bad Lobbyists…(Commission Bad Lobbyists…(Commission view)view)

• Lack understanding of what Commission Lack understanding of what Commission can/can’t docan/can’t do

• Don’t compromiseDon’t compromise

• Make shallow argumentsMake shallow arguments

• Intervene too lateIntervene too late

• Bombard officials with E-mailsBombard officials with E-mails

• Are aggressiveAre aggressive

• Provide general information Provide general information

• Are unfocusedAre unfocused

• Rely on one-off contactsRely on one-off contacts

• Make little personal contactMake little personal contact

In Conclusion:In Conclusion:Lobbying the EU SystemLobbying the EU System

• Integral to EU legislative & regulatory Integral to EU legislative & regulatory systemsystem

• Welcome if conducted in an ethical Welcome if conducted in an ethical mannermanner

• Effective if intelligent and professionalEffective if intelligent and professional

• Influence a function of interests Influence a function of interests representedrepresented

FINAL THOUGHTS…FINAL THOUGHTS…

• « « Everybody is a foreigner in Brussels »Everybody is a foreigner in Brussels »

• Effectiveness = strategy and performanceEffectiveness = strategy and performance

• « Networking » is the differentiating factor« Networking » is the differentiating factor

• ““Trust” is the essential personal assetTrust” is the essential personal asset

7. the lobbyist’s code of 7. the lobbyist’s code of conductconduct

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.

RULES : Interest representatives shall always:

1.identify themselves by name and by the entity(ies) they work for or represent;2.not misrepresent themselves as to the effect of registration to mislead third parties and/or EU staff;3.declare the interests, and where applicable the clients or the members, which they represent;4.ensure that, to the best of their knowledge, information which they provide is unbiased, complete, up-to-date and not misleading;5.not obtain or try to obtain information, or any decision, dishonestly;6.not induce EU staff to contravene rules and standards of behaviour applicable to them;7.if employing former EU staff, respect their obligation to abide by the rules and confidentiality requirements which apply to them.

BUT…

There are still some issues

Problems of Lobbying in the Problems of Lobbying in the EUEU• • Distorted information is provided to Distorted information is provided to the EU institutions about the possible the EU institutions about the possible economic, social or environmental economic, social or environmental impact of draft legislative proposals.impact of draft legislative proposals.

• • Modern communication technologies Modern communication technologies (internet and e-mail) make it easy to (internet and e-mail) make it easy to organise mass campaigns for or organise mass campaigns for or against a given cause, without the EU against a given cause, without the EU institutions being able to verify to institutions being able to verify to what extent these campaigns reflect what extent these campaigns reflect the genuine concerns of EU citizens.the genuine concerns of EU citizens.

The legitimacy of interest representation by The legitimacy of interest representation by European NGOs is sometimes questioned because European NGOs is sometimes questioned because some NGOs seem to rely on financial support some NGOs seem to rely on financial support from the EU budget as well as on political and from the EU budget as well as on political and financial support from their members.financial support from their members.

• • By contrast, according to many NGOs, there is no By contrast, according to many NGOs, there is no level playing field in lobbying because the level playing field in lobbying because the corporate sector is able to invest more financial corporate sector is able to invest more financial resources in lobbying.resources in lobbying.

• • In general terms, there is criticism about the lack In general terms, there is criticism about the lack of information about the lobbyists active at EU of information about the lobbyists active at EU level, including the financial resources which they level, including the financial resources which they have at their disposal.have at their disposal.

7. The euro-jargon7. The euro-jargon

• http://europa.eu/scadplus/glossary/http://europa.eu/scadplus/glossary/index_n_en.htmindex_n_en.htm

• Constructive abstention ?Constructive abstention ?

• Trialogue?Trialogue?

• Comitology ?Comitology ?

• Green paper?Green paper?

• I 2010?I 2010?

• Lisbon strategy?Lisbon strategy?

• OLAF?OLAF?

8. How to earn Money with EU 8. How to earn Money with EU Tenders?Tenders?

• http://ted.europa.eu/ http://ted.europa.eu/

Where is the « correct » Where is the « correct » information?information?

• Europa.eu ?Europa.eu ?

• Blogs, wiki, and othersBlogs, wiki, and others

• If you are not familiar…If you are not familiar…

The information is maybe there The information is maybe there

The « compromis à la belge » The « compromis à la belge » system system

• The word: Harmonisation.The word: Harmonisation.• What does it meansWhat does it means• Where does it start?Where does it start?

– Your companyYour company– Your regionYour region compromise 1compromise 1– Your countryYour country compromise 2compromise 2– Your national federationYour national federation compromise 3compromise 3– The eu organization The eu organization compromise 4compromise 4– The co-decisionThe co-decision compromise 5compromise 5– The various lobbiesThe various lobbies compromise 6compromise 6– The final text The final text compromise 7compromise 7– The implementation The implementation compromise 8compromise 8– That’s harmonization folks…That’s harmonization folks…

Alternatives ?Alternatives ?

• Your company direct lobbyYour company direct lobby

• Your region lobbyYour region lobby

• Your national industry organization Your national industry organization lobbylobby

• Lobby your lobbyLobby your lobby

• Lobby your governmentLobby your government

• Hire a lobbyistHire a lobbyist

Dedicated organizationsDedicated organizations

• Let’s give some examples:Let’s give some examples:

• European Internet foundationEuropean Internet foundation

Jacques FolonJacques Folon+ 32 475 98 21 15+ 32 475 98 21 15

jjfo@jitm.eu fo@jitm.eu Jacques.folon@ichec.be Jacques.folon@ichec.be

QUESTIONS ?QUESTIONS ?

Sources and referencesSources and references

• EU commission web site EU commission web site http://europa.eu/index_fr.htm http://europa.eu/index_fr.htm

• Burson marsteller http://www.burson-Burson marsteller http://www.burson-marsteller.com/default.aspx marsteller.com/default.aspx

• http://www.euractiv.com/fr/ http://www.euractiv.com/fr/

• http://www.lobbying-europe.com/ http://www.lobbying-europe.com/