EU TRANSPARENCY REGISTER Transparency of Lobbying in the EU institutions BY PRESENTATION BY MARIE THIEL TRANSPARENCY UNIT EUROPEAN PARLIAMENT 14/09/2016

EP TRANSPARENCY POLICY "The Union’s institutions, bodies, offices and agencies conduct their work as openly as possible in order to ensure the participation of civil society and thus promote good governance." (Article 15 of the TFEU) "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 addition, the institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society." (Article 11 of the TEU)

TRANSPARENCY REGISTER On 11 June 2011 the European Parliament and European Commission set up a joint register for interest representatives, via an Inter-institutional Agreement (IIA) In 2013-2014, the IIA was subject to a review and a new Transparency Register was adopted in June 2014, adding incentives to strengthen the system and including the Council as observer The register is again subject to review in 2017

WHAT IS LOBBYING? The scope of the register covers all activities, other than those referred to in paragraphs 10 to 12, carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions, irrespective of where they are undertaken and of the channel or medium of communication used, for example via outsourcing, media, contracts with professional intermediaries, think tanks, platforms, forums, campaigns and grassroots initiatives. (Paragraph 7, IIA)

WHAT IS LOBBYING? Directly influencing: influencing by way of a direct contact or communication with the EU institutions or other action following up on such activities Indirectly influencing: influencing through the use of intermediate vectors such as media, public opinion, conferences or social events, targeting the EU institutions. Activities covered include: contacting Members and their assistants, officials or other staff of the EU institutions with regard to EU legislative files; preparing, circulating and communicating letters, information material or discussion papers and position papers with regard to EU legislative files; organising events, meetings, promotional activities, conferences or social events, invitations to which have been sent to Members and their assistants, officials or other staff of the EU institutions with regard to EU legislative files; contributions to and/or participation in formal EU bodies or in public consultations and public hearings on envisaged EU legislative or other legal acts.

WHO IS A LOBBYIST?

WHO IS NOT A LOBBYIST? Specific provisions provide exemptions for: Paragraph 15: Churches & religious communities Political parties Member State governments, third country governments, international intergovernmental organisations and their diplomatic missions Paragraph 11: Social partners and other entities (i.e. churches) when performing designated roles Paragraph 12: Individual responses to requests from the institutions for factual information Paragraph 16: Regional public authorities are not expected to register

WHY REGISTER ? Incentives offered by the European Parliament to registrants [ para 30. IIA …] may include: further facilitation of access to its premises, its Members and their assistants, its officials and other staff: representatives of registered org. may apply for access cards valid up to 12 months authorisation to organise or co-host events on its premises: the VP is proposing to Bureau to implicate the political groups facilitated transmission of information, including specific mailing lists: a technical solution was identified and could be endorsed by the Bureau; budgetary impact for IT development participation as speakers in committee hearings (Rule 1.3.3. Public hearings) patronage by the European Parliament: applicants are invited to provide their registration number, if applicable

WHY REGISTER? Incentives offered by the European Commission to registrants [ para 30. IIA …] may include: Meetings with Commissioners, Cabinet members and Directors-General: organisations or self-employed individuals engaged in activities covered by the Register must be registered in order to hold such meetings; (Decision December 2014) Public consultations: sending automatic alerts to registered entities about consultations in areas of interest indicated by them; differentiating between registered and non-registered entities when publishing the results Expert groups: individuals appointed to represent a common interest shared by stakeholder organisations in a particular policy area and organisations including companies, associations, NGOs, trade unions, universities, research institutes, law firms and consultancies must register; (Decision May 2016) Mailing lists: relevant organisations featuring on any mailing lists set up to inform or alert their members about certain Commission activities or initiatives will be asked to register; Patronage: the Commission will not grant its patronage to organisations representing interests that are not registered Contacts with interest representatives: staff are asked to raise awareness of the Register and encourage interlocutors who have not yet registered to do so

HOW TO REGISTER? Online registration form Designed for mobile appliances Self-validation with immediate publication Annual update (editing possible at all times) EP accreditation via the TR website (after validation by EP security)

09/06/2018 Presentation Title

CODE OF CONDUCT FOR LOBBYISTS Code is signed up to on registration Applies to interest representatives’ relations with the institutions and their Members/staff Representatives must identify themselves and their clients They must respect relevant Codes and rules No inappropriate lobbying (undue pressure) Responsible for accurate and up to date data

NON COMPLIANCE Non-compliance with the Code of Conduct set out in Annex III of the IIA is handled via alerts and complaints: Alerts and complaints must be handled in accordance with the procedures laid down in Annex IV, with due regard for the principles of proportionality and good administration. ALERT: concerns a factual error in registrants' information. Alerts about ineligible entries are also possible. COMPLAINT: Anyone can lodge a formal complaint if they suspect that a registrant has failed to abide by the Code of Conduct (errors of fact are dealt with as alerts). Complaints must be backed by evidence. SANCTIONS: Where registrants or their representatives intentionally fail to comply with the Code of Conduct, the measures laid down in Annex IV will be taken. In the event of repeated non-cooperation, repeated inappropriate behaviour, or serious non-compliance with the Code of Conduct, the registrant will be removed from the Register for either one or two years. This measure will be placed on public record in the Register (see Annex IV).

MONITORING DATA QUALITY JTRS perform eligibility checks of new registrations (60-80 per week) with the objective of ascertaining that: The organisation is eligible according to paragraphs13-15 of the IIA (exemptions) The organisation is real and verifiable (plausible name, contact information verifiable, content consistent with the fundamental values of the EU,…) The organisation has relevant activities ( valid information, activity falls under the remit of the EU institutions, no self-advertisement,…) JTRS also performs random or targeted quality checks on a best effort basis, also taking into account the plausibility of the information provided on finances, staff involved, membership, clients etc.

EVOLUTION 2017 – Review of the Transparency Register 2016 – Public consultation on the Transparency Register 2015 – New version of Transparency Register launched 2014 – Revised Interinstitutional Agreement on the Transparency Register - Press release 2014 – European Parliament decision modifying the Interinstitutional Agreement on the Transparency Register 2013 – Review process 2012 – Commission's Transparency portal launched 2011 – First Transparency Register launched; Interinstitutional Agreement 2011 – Interinstitutional Agreement on a common Transparency Register - Parliament decision 2008 – Commission's Register of Interest Representatives launched - Press release 2008 – Development of the framework for the activities of lobbyists in the EU institutions - Parliament resolution 2007 – Code of Conduct for Interest Representatives - Consultation 2006 – European Transparency Initiative - Green paper 2005 – Proposal for a new European Transparency Initiative - Communication 1993 – An open and structured dialogue between the Commission and special interest groups - Communication

MORE…… For further information: EPTV animated video on the Transparency Register EPRS Briefing: EU Transparency register EPRS Briefing: Transparency of lobbying at EU level At A Glance: Public consultation on the Transparency Register: Towards a mandatory Transparency Register for lobbyists Transparency of lobbying in Member States, Comparative analysis Commission consultation on Transparency Register Website of the Transparency register EP contact details: +32 2 228 46968 or trans-register@europarl.europa.eu