How to make a transparent registration in the European Commission Register of Interest Representatives

Transcription

1 Hw t make a transparent registratin in the Eurpean Cmmissin Register f Interest Representatives Drafted by the EU Civil Sciety Cntact Grup in c-peratin with the Alliance fr Lbbying Transparency and Ethics Regulatin in the EU (ALTER-EU) 29 Octber 2008, versin 1

2 1. Intrductin In an attempt t ensure that the Eurpean Unin is pen t public scrutiny, the Eurpean Cmmissin in Nvember 2005 launched the Eurpean Transparency Initiative 1. As part f this initiative, a register fr interest representatives was launched in June Cmpanies, business assciatins, cnsultancies as well as civil sciety rganisatins that engage in activities carried ut with the bjective f influencing the plicy frmulatin and decisin-making prcesses f the Eurpean institutins are encuraged t register in a vluntary nline register. The EU Civil Sciety Cntact Grup and ALTER-EU have criticised the register as fundamentally flawed because it des nt require rganisatins t register individual lbbyists wh wrk fr them, and because financial infrmatin n lbbying expenditure in the register is incnsistent and nt cmparable. Members f the EU Civil Sciety Cntact Grup and ALTER-EU have therefre decided t adpt a higher standard f transparency than the incnsistent and insufficient requirements f the Eurpean Cmmissin. Our guidelines set a cnstructive example f what the Eurpean Cmmissin must imprve in its register f interest representatives. A meaningful register must disclse: the names f lbbyists the finances invlved in any lbbying effrt the specific lbbying issues Our guidelines are addressed t all entities that want t register in the vluntary Eurpean Cmmissin Lbby Register 2. We wrte them primarily fr rganisatins that will register in the NGO categry f the register but the standard that we set shuld in ur view apply t all lbbyists. In the guidelines yu can find: which additinal infrmatin we believe yu shuld submit in the interest f transparency an example n hw t calculate yur expenditures related t lbbying a shrt text with ur critique f the register that we recmmend yu t publish in yur registratin These guidelines cver thse steps f the registratin that are particularly relevant t imprve EU lbbying transparency. They d nt cver each step f the nline registratin prcedure. Our guidelines reflect in depth discussin within the EU Civil Sciety Cntact Grup and ALTER-EU as well as the advice f lbby transparency experts, and relevant aspects f US lbby disclsure legislatin The Eurpean Cmmissin uses the wrds Lbby register and Register f Interest Representatives interchangeably. See 2

3 2. Backgrund t ur invlvement with EU lbbying The Civil Sciety Cntact Grup, ALTER-EU and ther grups have been calling fr EU lbby transparency since 2005, and mnitred the wrk f the Eurpean Cmmissin as it was preparing its lbby register in Repeatedly, ur grups alerted the Cmmissin that its draft prpsal fell shrt f its wn bjectives and transparency standards 3. We cnsider that the Cmmissin's vluntary register fr 'interest representatives' ('lbbyists') des nt meet basic benchmarks fr lbbying transparency. Amng the mst serius flaws are: Its vluntary nature, which gives it n effective sanctins t ensure cmpleteness and accuracy f the infrmatin that the register cntains The absence f names f lbbyists Incnsistent and insufficient requirements n financial disclsure 3 Find here related letters the Civil Sciety Cntact Grup sent t the Cmmissin in May and March

4 3. Why register? Arguments against registering One culd cnsider that registering may mean that we endrse this vluntary and weak apprach f the Cmmissin. Als, with ur registratins the numbers f registrants will increase, and this culd wrngly be cnsidered as the nly criterin f the register's success. Arguments in favur f registering While the current Cmmissin register is weak, we d want t mve frward twards a prper EU lbbying transparency register in the future. We can d this by including in ur registratin additinal infrmatin that the Cmmissin currently des nt ask fr. In this way, we shw hw the future EU lbby register shuld lk like, and give the Cmmissin practical and cnstructive criticism. Cnclusin We believe that all rganisatins engaged in lbbying EU institutins shuld register by prviding additinal infrmatin as laid ut in these guidelines. T encurage a serius review f the register by the Cmmissin, we recmmend that yu include in the registratin f yur rganisatin a text with yur critique f the register's shrtcmings (see step 6 belw). 4

5 4. Steps t register We prpse a step by step apprach fr registering yur rganisatin in the Eurpean Cmmissin lbby register. There is sme preparatin wrk yu need t d, befre starting t register nline. Please read carefully all steps befre starting t register. Fr each f the steps, yu will find the Eurpean Cmmissin's requirements and ur recmmendatins. Step 1 Step 2 Step 3 Step 4 Step 5 Befre nline registratin Step 10 Step 9 Step 8 Step 7 Step 6 During nline registratin Step 11 After nline registratin Step 1: Step 2: Step 3: Step 4: Step 5: Step 6: Step 7: Step 8: Step 9: Step 10: Step 11: Des my rganisatin fall within the scpe f the register? What csts shuld I include in the calculatin f my rganisatin s lbbying expenses? Hw d I calculate my rganisatin s lbbying expenses? Wh shuld I cnsider as an interest representative in my rganisatin? Hw d I indicate specific lbbying issues? Where and hw can I vice my critique in the register? What financial infrmatin shuld my rganisatin disclse? Hw d I disclse the names f peple wh act n behalf f my rganisatin? Where d I indicate specific lbbying issues? Shuld my rganisatin sign up t the Cmmissin s Cde f Cnduct? What d I need t d after I ve registered? 5

6 Befre nline registratin Befre starting yur nline registratin yu need t prepare a certain amunt f infrmatin. Fllw steps 1-5 belw t d s. Step 1 Des my rganisatin fall within the scpe f the register? What the Eurpean Cmmissin requires The Cmmissin in the 'Frequently Asked Questins' dcument specifies that all entities engaged in activities carried ut with the bjective f influencing the plicy frmulatin and decisin-making prcesses f the Eurpean institutins are expected t register. These activities include: cntacting members r fficials f the EU institutins, preparing, circulating and cmmunicating letters, infrmatin material r argumentatin and psitin papers, rganising events, meetings r prmtinal activities (in the ffices r in ther venues) in supprt f an bjective f interest representatin. This als includes activities that are part f frmal cnsultatins n legislative prpsals and ther pen cnsultatins. Certain specific activities d nt fall within this scpe: Activities f legal and ther prfessinal advice, when they relate t the exercise f the fundamental right t a fair trial f a client, including the right f the defence in administrative prceedings; Activities f the scial partners when they are part f the Scial Dialgue; Activities in respnse t the Cmmissin s direct request. As the title f the Register indicates, the Cmmissin encurages all interest representatives register, including such entities that d nt cnsider themselves "lbbyists". Registratin shws that an rganisatin represents interests. It des nt mean that thse registering can be labelled 'lbbyists' 4 Why d we recmmend adding extra infrmatin? The Eurpean Cmmissin has excluded frm its definitin f interest representatin all activities carried ut in respnse t a direct request by the Cmmissin itself. Our recmmendatins If yur rganisatin is in any way engaged in influencing the plicy frmulatin and decisin-making prcesses f the Eurpean institutins, it shuld register fllwing the guidelines as utlined in this dcument. We cnsider that ne shuld als register and disclse activities such as participatin in cnsultative cmmittees r expert grups f the Cmmissin, even if this happens in respnse t direct requests by the Cmmissin. 'Prmtinal activities' shuld be understd t include advertisements and spnsred media wrk dne fr the purpse f influencing EU plicy

7 Step 2 What csts shuld I include in the calculatin f my rganisatin s lbbying expenses? What the Eurpean Cmmissin requires The Cmmissin des nt prvide clear guidelines that apply t all categries f registrants regarding the activities that shuld be included in the calculatin f interest representatin. Why d we recmmend adding extra infrmatin? The Eurpean Cmmissin requirements are insufficient fr all categries f registrants. Each registrant will largely have t decide by themselves what they cnsider lbbying/interest representatin expenses and what nt. This leads t financial infrmatin that is nt transparent and nt cmparable. Our recmmendatins In an effrt t arrive at a mre bjective way f calculating lbbying expenditures, we have drafted guidelines that reflect the advice f prfessinals wrking n lbby transparency as well as relevant aspects f US lbby disclsure legislatin. When calculating yur expenses related t lbbying the EU institutins, we suggest including expenses fr activities as listed belw and related verhead csts. This list ges beynd what the Cmmissin is asking fr. It is nt an exhaustive list, but fr guidance nly. Meetings, cnferences and demnstratins: 1. Meetings and discussins with members r fficials f the EU institutins with the bjective f influencing EU plicy frmulatin and decisin-making 2. Participating in hearings, cnferences and meetings rganised by the EU institutins 3. Organising r spnsring events (such as cnferences and rund tables) that bring tgether representatives f the EU institutins and representatives wh act n behalf f an interest grup/rganisatin/cmpany but are nt lbbyists themselves (e.g. scientists, experts), with the purpse f influencing EU plicy frmulatin and decisin-making 4. Organising r crdinating travel f peple t meet members r fficials f the EU institutins (primarily but nt limited t Brussels r Strasburg) with the specific bjective f influencing EU plicy frmulatin and decisin-making 5. Participating in expert grups, cmitlgy and EU delegatins 6. Demnstratins and ther frms f actins directly targeting EU institutins 7. Travel, accmmdatins, in kind cntributins, spnsred activities fr members r fficials f the EU institutins 7

8 Our recmmendatins (cntinued) Written cntributins: 1. Activities that are part f frmal cnsultatins n legislative prpsals and ther pen cnsultatins 2. Preparing and sending letters and psitin papers t members r fficials f the EU institutins with the bjective f influencing EU plicy frmulatin and decisin-making 3. Crdinatin f and letter writing actins t members r fficials f the EU institutins Publicatins, media wrk: 4. Publicatins prduced specifically t influence EU plicy frmulatin and decisinmaking 5. Advertisements and media wrk dne with the specific purpse f influencing EU plicy frmulatin and decisin-making Fr example this des nt include activities such as capacity-building and crdinatin f a netwrk if they are nt carried ut with the bjective f influencing the plicy frmulatin and decisin-making prcesses f the Eurpean institutins. Only if yu cnsider that yur rganisatin is entirely set up with the bjective f influencing the plicy frmulatin and decisin-making prcesses f the Eurpean institutins and that all f yur activities cntribute t that bjective, yu can put yur ttal budget as an estimate f yur lbbying expenditure. 8

9 Step 3 Hw d I calculate my rganisatin s lbbying expenses? What the Eurpean Cmmissin requires The Cmmissin prvides nly limited guidance (and nly t in-huse lbbyists and trade assciatins) n hw t calculate lbbying expenses: Registrants f the secnd categry ("in-huse" lbbyists and trade assciatins) are expected t prvide an estimate f the cst assciated with the direct lbbying f all the EU institutins. This estimate des nt have t satisfy cnventinal financial reprting and accuntancy requirements and therefre has n legally binding characteristics r effects. Fr registrants with an ffice in Brussels, this estimate culd start frm the verall budget spent fr this ffice (persnnel csts and expenditure n materials, ffice lease, membership f assciatins etc.), frm which all csts fr nn-lbbying activities wuld be deduced. Organisatins withut an ffice in Brussels culd rughly estimate the percentage f time their emplyees are spending n lbbying EU institutins and estimate, n this basis, the csts dedicated t these activities incl. travel t Brussels r Strasburg etc. 5 Why d we recmmend adding extra infrmatin? This guidance is prblematic because it nly addresses expenses fr 'direct' lbbying, which is likely t be nly a small part f lbbying expenses fr mst registrants. Our recmmendatins Yu can generally fllw the Cmmissin guidance as given t in-huse lbbyists and trade assciatins (see abve), but yu shuld include any expenses fr lbby activities as listed in step 2. Yur calculatin shuld include expenses related t lbby activities dne n yur behalf r under yur cntrl, fr example by natinal ffices f yur rganisatin, partner rganisatins, vlunteers as well as public relatins firms, event rganisers, advertising agencies etc., unless these rganisatins register themselves. When calculating the lbby expenses f yur ffice yu first need t determine hw many peple within yur rganisatin d lbby wrk. T determine whether a persn is ding lbby wrk please use the list f activities abve (step 2). Once yu have determined wh des lbby wrk yu can start calculating the lbbying expenses. 5 Pint 11 f FAQ, 9

10 Our recmmendatins (cntinued) Part 1: a) Calculating lbbying csts related t salaries/fees: Ask each emplyee t estimate (in %) hw much time s/he spent n lbbying activities as listed abve during the last 12 mnths. Multiply this figure (% f wrking time spent n lbbying) with the (individual) staff cst (emplyee's grss salary+emplyer's csts; in the case f cnsultants: all fees+expenses). Example Persn X spends 30% f his/her time n lbby activities. His/her grss salary and the cst t the emplyer amunts t /year. Fllwing the calculatin abve the result wuld be: 0.30 X = b) Calculating lbbying csts related t supprt/rganisatinal verhead cst: Calculate in percentage hw many persns f yur ttal staff d lbbying activities (fr example 5 ut f 10 peple = 50%). Calculate the average wrking time (in %) that these emplyees tgether spend n lbbying. Fr the purpse f this example we say that this average is 30%. The ttal wrk time that yur ffice spends n lbbying wuld then be 15%. Use this figure and multiply it with the ttal rganisatinal verhead csts, fr example Result: Fllwing the calculatin abve the result wuld be: 0.15 X = c) Add up the results f staff cst figures and the rganisatinal verhead csts related t lbbying. Part 2: Calculate ther csts related t any f the activities listed abve, such as the prductin f lbbying material, advertisements, rganising events, travel csts, per diems, paying external cnsultants which have been hired t help lbby r develp material fr lbbying purpses, etc. Part 3: Calculate the sum f results fr part 1 and 2 and rund it t the nearest If yur lbbying effrts als rely n ther agents than yur wn staff (public relatins/affairs firms, members, vlunteers, head- and branch ffices etc.) then yu either add their lbbying expenses t yur calculatin r they register this infrmatin themselves and state clearly in their registratin that the expense was dne n behalf f yur rganisatin. In that case, yu shuld name the ther registrant and indicate where the relevant infrmatin can be fund in the register. The result shuld equal a gd faith estimate f yur ttal lbby expenses. 10

11 Step 4 Wh shuld I cnsider as an interest representative in my rganisatin? What the Eurpean Cmmissin requires There is n requirement t name the persns invlved in the lbbying activities f a registrant. Why d we recmmend adding extra infrmatin? Sme f the biggest prblems related t lbbying are cnflicts f interests and revlving drs (frmer decisin-makers taking n lbbying jbs and thereby prviding clients wh can affrd t pay them with insider knwledge and cntacts). Such prblems cannt be identified unless lbbyists are named. Our recmmendatins We suggest that yu prepare a list f the names f: Anyne wh is either emplyed r retained by yur rganisatin fr financial r ther cmpensatin fr services that include fur r mre cntacts (including letters) with members r fficials f the EU institutins with the bjective f influencing the plicy frmulatin and decisin-making prcesses f the Eurpean institutins during the reprting perid; r whse lbbying activities (see nnexhaustive list under step 4) cnstitute 20 percent r mre f his r her wrking time n behalf f yur rganisatin. The same criteria shuld be applied t persns wh are emplyed r retained by an assciated rganisatin (e.g. natinal ffice, member, head ffice, affiliate grup), and wh engage in EU interest representatin n behalf f yur rganisatin. Yu shuld either list these individuals in yur registratin, r name the ther assciated rganisatin and indicate where the relevant infrmatin can be fund in the register. Indicate n which plicy issue(s) each persn listed has lbbied during the reprting perid. Always indicate if any persn yu list has wrked fr the EU institutins within 5 years f first acting fr yu. In that case, state the psitin in which the persn served within the EU institutins. If sme f the persns listed are vlunteers yu can indicate this if yu wish. 11

12 Step 5 Hw d I indicate specific lbbying issues? What the Eurpean Cmmissin requires The Eurpean Cmmissin des nt require any specific infrmatin abut the issues a registrant is lbbying n. Why d we recmmend adding extra infrmatin? Infrmatin abut specific issues is essential t lbbying transparency. Our recmmendatins Prepare a list f all dssiers (EU laws, plicies etc) that yu have tried t influence during the reprting perid (i.e. last 12 mnths). 12

13 During nline registratin Fllw the nline registratin frm at and make sure t intrduce the extra infrmatin as prpsed belw. Step 6 Where and hw can I vice my critique in the register? What the Eurpean Cmmissin requires The Eurpean Cmmissin annunced that this register will run fr a ne-year test perid and will be evaluated after that. Why d we recmmend adding extra infrmatin? The Cmmissin has nt cmmitted t any criteria fr evaluating the register. The Cmmissin has been reluctant t advance lbby transparency until nw, and may be tempted t declare its failed register a 'success' based n the quantity f registrants, nly. Withut clear criticism, it may nt address the register's real shrtcmings. Our recmmendatins The nline registratin has a text bx Describe yur rganisatin's gals / remit where yu can give a shrt descriptin f yur rganisatin. We recmmend that yu use this textbx als t clearly state yur cncerns abut the current register. Yu can d this by adding the fllwing lines in this textbx ( Describe yur rganisatin's gals / remit ): [ORGANISATION NAME] is cmmitted t transparency abut EU interest representatin. [ORGANISATION NAME] believes that this register fails basic transparency standards and that it des nt prvide EU lbbying transparency. When registering, we have therefre chsen t give all relevant infrmatin that we cnsider necessary fr lbbying transparency. A credible EU lbbying transparency register shuld include names f individual lbbyists and the issues that they try t influence, prvide precise and cmparable financial infrmatin n lbbying, and have effective sanctins t ensure the accuracy and cmpleteness f the infrmatin disclsed. In an effrt t arrive at a mre bjective way f calculating lbbying expenditures, we fllw guidelines that result frm cnsultatins with public interest rganisatins, prfessinals wrking n lbby transparency as well as experts f US lbby disclsure legislatin. Our registratin is therefre prviding a mre cmprehensive calculatin f ur expenses fr activities that aim t influence the plicy frmulatin and decisin-making prcesses f the Eurpean institutins, and a list f thse wh, n behalf f [ORGANISATION NAME], carry ut such activities. Our registratin is based n the guidelines fr transparent registratin develped by the Civil Sciety Cntact Grup and ALTER-EU. Find the guidelines n r 13

14 Step 7 What financial infrmatin shuld my rganisatin disclse? What the Eurpean Cmmissin requires In the register, cmmercial lbbyists ('in huse' lbbyists and trade assciatins) are asked t give a gd faith estimate f their lbbying expenditure, while entities that register as NGOs must disclse their ttal budget. Registrant f ther categries (including lbby firms and trade assciatins) d nt have t disclse their ttal budget figures. Why d we recmmend adding extra infrmatin? The lack f cmmn data disclsure rules means that the financial infrmatin published cannt be cmpared r aggregated. If yu register in the NGO categry, the entire annual budget f yur rganisatins might be cmpared t the lbbying expenses f a cmmercial firm. This culd easily lead t false and misleading cnclusins. Our recmmendatins If yu are registering in the NGO categry we recmmend yu take the fllwing steps: As required by the Eurpean Cmmissin, prvide yur annual budget figure. The Cmmissin als requires a breakdwn f yur annual budget, int public and private funding surces. Instead f using the general subcategries frm Eurpean surces, frm natinal surces frm lcal/reginal surces, we recmmend that yu click n Add anther surce and name the gvernment agencies, grant-making fundatins and thers that may cntribute t yur budget. D nt fill in the ptinal bx 3 - Belw yu can give an estimate f the csts related t the direct representatin f interests t EU institutins by yur rganisatin in the current year. This bx nly allws yu t state yur lbby expenses in ranges f and this range is t large fr transparency purpses. Instead, yu shuld use the textbx 4 - Other (financial) infrmatin yu might like t give in the interest f transparency t prvide the gd faith estimate f yur lbbying expenses runded t the nearest per year as calculated fllwing step 3. Please write Fllwing the guidelines f the EU Civil Sciety Cntact Grup and the Alliance fr Lbbying Transparency and Ethics Regulatin in the EU, [Organisatin name] has calculated that it spent an estimated [amunt f yur gd faith estimate] in [perid fr which yu are reprting] n activities carried ut with the bjective f influencing the plicy frmulatin and decisinmaking prcesses f the Eurpean institutins. 14

15 Step 8 Hw d I disclse the names f peple wh act n behalf f my rganisatin? What the Eurpean Cmmissin requires There is n requirement t name the persns invlved in the lbbying activities f a registrant. Why d we recmmend adding extra infrmatin? Sme f the biggest prblems related t lbbying are cnflicts f interests and revlving drs (frmer decisin-makers taking n lbbying jbs and thereby prviding clients wh can affrd t pay them with insider knwledge and cntacts). Such prblems cannt be identified unless lbbyists are named. Our recmmendatins We suggest that, in the textbx interest representatin activities f the register, yu insert the list f names as prepared in step 4 T list the relevant individuals, yu can use the fllwing sentence: On behalf f [NAME OF YOUR ORGANISATION] the persns listed belw have had, during the reprting perid, fur r mre cntacts with members r fficials f the EU institutins with the bjective f influencing the plicy frmulatin and decisinmaking prcesses f the Eurpean institutins; r they have spent 20 percent r mre f their wrking time n behalf f [NAME OF YOUR ORGANISATION] carrying ut such activities:. Always indicate n which plicy issue(s) each persn listed has wrked. Always indicate if any persn yu list has wrked fr the EU institutins within 5 years f first acting fr yu. In that case, state the psitin in which the persn served within the EU institutins. If sme f the persns listed are vlunteers yu can indicate this if yu wish. 15

16 Step 9 Where d I indicate specific lbbying issues? What the Eurpean Cmmissin requires The Eurpean Cmmissin des nt require any specific infrmatin abut the issues a registrant is lbbying n. Why d we recmmend adding extra infrmatin? Infrmatin abut specific issues is essential t lbbying transparency. Our recmmendatins In the register's pen textbx interest representatin activities, yu shuld list all dssiers (EU laws, plicies etc) that yu have tried t influence during the reprting perid (i.e. last 12 mnths) as prepared fllwing step 5. Step 10 Shuld my rganisatin sign up t the Cmmissin s Cde f Cnduct? What the Eurpean Cmmissin requires The Eurpean Cmmissin requires that yu either agree t their Cde f Cnduct r cnfirm that yu apply an equivalent Cde. Our recmmendatins While the Cmmissin s Cde is insufficient, it is kay t agree t it nevertheless in rder t cmplete yur registratin. 16

17 After nline registratin Step 11 What d I need t d after I ve registered? Once yu have registered, please send an t the Civil Sciety Cntact Grup c-rdinatr (crdinatr@act4eurpe.rg) s we can send yu future updates f these guidelines and keep yu infrmed abut the prgress f ur lbby transparency campaign. We als welcme cmments t further imprve these guidelines. Please keep a recrd f yur registratin and all updates, as lng as the Cmmissin register des nt have its wn public archive. 17

18 5. Cntact Shuld yu have further questins dn t hesitate t cntact: Regula Heggli Crdinatr Civil Sciety Cntact Grup crdinatr@act4eurpe.rg +32 (0)

19 6. Fr mre infrmatin Find the register at Find the FAQ frm the Cmmissin n Find the Civil Sciety Cntact Grup press release n the launch f the register here. Find here related letters the Civil Sciety Cntact Grup sent t the Cmmissin in May and March Find earlier briefings n tranparency by the Civil Sciety Cntact Grup dating frm May 2007 and May Find letters, press releases and general infrmatin abut the ALTER-EU here: 19