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Lobbying in the EU: An Overview

Lobbying—attempting to influence the institutions in terms of lobbying. The Council interest groups—the money generally flows in
outcome of legislation or administrative rules maintains no register of lobbyists and refers precisely the opposite direction.
and regulations—is a legitimate part of any contact with interest groups to the European
Lobbying in the EU is not without its challenges.
democratic system, whether it is carried out by Commission. However, national minis-
Interest groups must address the shifting
individual citizens or companies, civil society ters frequently maintain relationships with
balance of power among EU institutions, such
organizations and other interest groups, or relevant local and regional lobby groups under
as those changes outlined in the Treaty of Lisbon
firms working on behalf of third parties. the aegis of the national lobbying regulations
(pending ratification). Additionally, the growth
of their Member State.
As the European Union continues to grow of the lobbying industry has led to more regula-
and evolve, the role of lobbying is also The European Parliament, a directly elected tion, both by lobbying groups themselves and
expanding dramatically. In the past decade, body that co-legislates with the Council, is a by EU institutions. The European Transparency
EU jurisdiction has broadened to include key target for interest groups. The European Initiative and the new European Commission
areas of consumer, social, and environmental Parliament maintains a register of approxi- lobbying register and accompanying code of
policy, and the advent of the euro has raised mately 5,000 accredited lobbyists who conduct are just two examples of EU efforts to
numerous economic and monetary issues subscribe to a specific Code of Conduct and better monitor the emerging lobbying industry
within the euro zone. Studies estimate that receive special passes to access Members of and the deepening relationships between lobby-
approximately 80 percent of national laws in the European Parliament (MEPs). In 2008, ists and lawmakers.
the European Union originate at EU level. the European Parliament proposed the devel-
opment of a single register for lobbyists, European Transparency Initiative
The resulting increased need for information
which would be common to the Parliament,
on complex issues now offers interest groups
the Commission, and the Council of the For any public institution, transparency
more opportunities than ever to influence EU
European Union. goes hand in hand with legitimacy.
legislation. Unlike the United States, which has
strict regulations governing the activities of Current estimates indicate that there are Political decision-makers are ultimately
lobbyists and their interactions with lawmak- approximately 15,000 lobbyists and 2,500 accountable to the public and must be
ers, the EU has to date taken a less formal lobbying organizations in Brussels. Lobbyists open to public scrutiny. Citizens have a
approach. Each of the key institutions— in the EU generally fall into one of three major right to know how their taxes are being
the European Commission, the Council groups: industry associations, non-govern- spent and how the power entrusted to
of the European Union, and the European mental organizations (NGOs) / interest groups, political bodies is handled.
Parliament—has developed its own system for and regional representations. Much like their
In order to increase openness,
working with interest groups. American counterparts, industry associations
accountability and transparency,
and interest groups concentrate on influenc-
The European Commission, the executive in 2005 the European Commission
ing decision-making processes for the benefit
arm of the European Union, charged with launched the European Transparency
of their members, while also gathering and
proposing legislation and overseeing its imple- Initiative. The program is designed to
disseminating useful information. In contrast,
mentation, offers the greatest access to lobby increase the transparency of lobbyists
regional lobby groups represent regional and
groups via its Directorates General (DGs). and interest group representatives
local authorities within EU Member States, and
DGs are distinct departments, comprised of who seek to influence EU decision-
focus not only on direct lobbying, but also on
Commission staff, that are responsible for making, and includes the EU's new
networking, informing and marketing their
specific tasks or policy areas. DGs frequently European Commission Lobbying
regions throughout the EU apparatus.
consult with experts and interest groups when
Register and the Commission Code
researching specific issues falling within EU A key difference between the lobbying cultures
of Conduct for Lobbyists.
jurisdiction. In June 2008, the European of the EU and the U.S. lies in the approach to
Commission launched a voluntary register of funding interest groups and NGOs, as well Additionally, the initiative seeks to
lobbyists (or "interest representatives") who as political campaigns. In the EU, non-profit make information about the beneficia-
seek to influence EU decision-making. organizations representing civil society are ries of EU funds more readily available
often the recipient of financial support from to the public, and to develop and
The Council of the European Union, which
the European Commission. In contrast, the adopt a set of common ethics rules
comprises the ministers of each Member State
American system rarely provides government and standards for public officials.
and is the main decision-making body of
funding to support lobbying organizations or
the EU, is the least accessible of the main EU
Lobbying: A U.S.– EU Comparison
Washington Brussels
Lobby registration U.S. Congress: Compulsory European Commission: Voluntary
European Parliament: Mandatory for accreditation
Ethics regulations for officials U.S. Administration: Yes EU Commissioners and staff: Yes
U.S. Congress: Yes MEPs and staff: Yes
Code of conduct for lobbyists Congressional legislation places restrictions European Commission: Yes, as part of the voluntary
and lobby organizations on lobbyists register
Lobby organizations often have their own codes of European Parliament: Yes, as part of the
ethics accreditation process
Levels of lobbying Multi-level system Multi-level system
Legislative branches: EU and national levels
•  U.S. Congress Multiple EU institutions (executive and
•  State legislatures legislative branches):
Executive branches: •  Commission
•  Federal •  Parliament (directly elected)
•  State •  Council
Funding of non-profit Privately funded; very little if any federal funding, Many funded—sometimes even created—by the
organizations with none for lobbying European Commission
"Revolving door" phenomenon Former lawmakers and government officials Less frequent
frequently become lobbyists (increasing restrictions)
Corporate funding of political Common, but with caps Not common; viewed as unethical
campaigns Funding: Private sector → public sector (politicians) Funding: Public sector → private sector (civil society)
Transparency Strict regulations and enforcement Minimal regulation and enforcement
Lobbying Disclosure Act of 1995 requires lobbies to No formalized standards, but European
list clients and financial sources Transparency Initiative seeks to improve this
Role of local issues Senators and Members of Congress rely on local MEPs are more distant from local constituencies
issues to get elected Lobbies representing local interests are less
Lobbies representing local issues are highly influential
influential Local and regional interests are considered through
the EU's Committee of the Regions, composed of
representatives of regional and local authorities.

Details of the New EU Lobbying Register and Code of Conduct


A key component of the European The code of conduct includes seven basic
Transparency Initiative is the new European rules, stating that interest representatives
Commission register of interest representa- shall always:
tives, launched in 2008 for a trial period of ■■ Identify themselves by name and by the
EU Insight is published by the one year. The voluntary register aims to clearly
Delegation of the European Commission
entity they work for or represent;
delineate a separation between business and
to the United States. politics, and govern transparent and legitimate ■■ Accurately represent themselves so as not to
relations between the two. mislead third parties and/or EU staff about
Anthony Smallwood
their status;
Spokesperson & Head of Registered organizations indicate their objec-
Press and Public Diplomacy tives and missions, as well as the policy areas in ■■ Declare the interests, including clients or
Editor-in-Chief which they have a particular interest. Registrants members, which they represent;
Stacy Hope are also required to disclose financial informa- ■■ Ensure that, to the best of their knowledge,
Editor tion by estimating their costs associated with information which they provide is unbiased,
Melinda Stevenson the direct lobbying of EU institutions, based on complete, up-to-date and not misleading;
Writer & Assistant Editor their most recent annual accounts.
■■ Not obtain or try to obtain information, or
ISSN: 1830-5059 Additionally, all registered organizations must any decision, dishonestly;
agree to comply with the register's code of
Catalogue No: IQ-AB-08-07-EN-C Not induce EU staff to disregard rules and
conduct, which contains rules for interest repre- ■■

2300 M Street, NW sentatives in their dealings with Commission standards of behavior applicable to them;
Washington, DC 20037 staff, or by another professional code that sets ■■ If employing former EU staff, respect their
202.862.9500 comparable standards. Details on the latter must obligation to abide by the rules and confiden-
be provided to the Commission upon request. tiality requirements which apply to them.
www.eurunion.org
email: delegation-usa-info@ec.europa.eu
For more information: www.eurunion.org/euinsight
Issue No. 22, September 2008

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