Commission Expert Groups. Yiorgos Vassalos Corporate Europe Observatory Media Seminar, 25/08/2011

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1 Commission Expert Groups Yiorgos Vassalos Corporate Europe Observatory Media Seminar, 25/08/2011

2 European Commission

3 Monopoly of legislative initiative - The Commission proposes more than 100 legislative pieces per year and nearly all get adopted - #1 target of lobbyists

4 Commission drafts laws for half billion Europeans - More than 50% of the legislation adopted by the parliaments of the 27 member states has its origins in Brussels. More than 80% of economic one. - Small administration particularly when compared with the size of national governments: Commission has 24,000 staff (32,000 with outsourced staff) Many French ministries have above 30, Only less than 12,000 A grade officials actually deal with legislation.

5 Can the Commission draft laws - 3,500 staff working in the Commission's research and statistical facilities (Eurostat, RTD, JRC) alone? - 7,300 staff of the European Community Agencies

6 Expertise deficit = lobbyists entry point Commission can mobilise resources from: Member states Public universities and civil society The thousands of corporate lobbyists present in Brussels

7 Ways to provide expertise - Presentation of reports - Conferences - Breakfast, lunch, dinner events - Forums - Letters - Commission doesn t hide preference to business

8 Institutionalised influence: advisory bodies - Around 1,000 expert groups - They make the fist legislative and policy drafts - 2/3 of them composed by member states representatives with non-government participation controlled by corporations, trade associations etc.

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10 Policy areas controlled by corporate interests through expert groups Entreprise and industry (27/44/90) Trade (not in the register) Research (tech. platforms) Agriculture But mostly

11 Finance (DG Markt) Eleven out of 20 groups dealing with financial regulation (19 in the Register plus CESAME2 which may still exist) have non-governmental members. Seven of the 11 are dominated by corporate representatives. These seven groups are: Expert Group on Financial Education (EGFE) - 1 hybrid, government and corporate dependent, 10 Corporate, 2 alternative banking1 consumers,1 academia,1 professional Group of Experts in Banking Issues (GEBI) - Member + observers: 39 industry, (incl. savings banks), 1 academic,1 think tank, 4 NGO + consumers,1 union Payment Systems Market Expert Group (PSMEG) - 43 industry, 1 trade union, 1 NGO representatives, 1 cooperative banks CESAME (not in the register but we suppose still existing) - 31 industry representatives Insolvency Law Group of Experts (ILEG) - Judging from the job titles: Industry 17, Academia 1, Gov. 2 Cross border financial redress analysis (29 inudsty, 24 governments) Expert Groups on Market Infastructure (EGMI) - Industry 31NGOs 1, Cooperative banks 1, Public banks 1, EU bodies 4 Among the 276 nongovernmental members, 202 come from industry and 74 from other interest types or entities. 2009: 84% 2011: 73%.

12 Finance (DG Markt)

13 Derivatives expert group (now dissolved) 1. AMF (Autorité des Marchés Financiers) 2. BaFin (Bundesanstalt für Finanzdienstleistungsaufsicht) 3. CEBS (Committee of European Banking Supervisors) 4. CEBS (Committee of European Banking Supervisors) 5. CEIOPS (Committee of European Insurance and Occupational Pensions Supervisors) 6. CESR (Committee of European Securities Regulators) 7. CESR (Committee of European Securities Regulators) 8. ECB (European Central Bank) 9. ECB (European Central Bank) 10. FSA (Financial Services Authority) 11. Alternative Investment Management Association 12. Association française des marchés financiers (EFSA European Forum of Securities Associations) 13. Barclays Capital (ISDA International Swaps and Derivatives Association) 14. BGC International (WMBA Wholesale Markets Brokers' Association) 15. BNP Paribas (EBF European Banking Federation) 16. Citigroup Global Markets (SIFMA Securities Industry and Financial Markets Association) 17. Deutsche Bank (ISDA International Swaps and Derivatives Association) 18. Depository Trust & Clearing Corporation 19. DZ Bank AG (EACB European Association of Cooperative Banks) 20. European Banking Federation 21. European Fund and Asset Management Association 22. EUREX (EACH European Association of Central Counterparty Houses) 23. Euronext.Liffe 24. (FESE Federation of European Securities Exchanges)

14 Derivatives expert group (now dissolved) 25. Federation of European Securities Exchanges, Futures and Options Association 26. Generali (CEA) 27. GFI Group (WMBA Wholesale Markets Brokers' Association) 28. Goldman Sachs (ISDA International Swaps and Derivatives Association) 29. Grupo Santander (EBF European Banking Federation) 30. HSBC (EBF European Banking Federation) 31. ICAP (WMBA Wholesale Markets Brokers' Association) 32. ICE Clear Europe (FESE Federation of European Securities Exchanges) 33. ING (CEA) 34. Intesa SanPaolo (EBF European Banking Federation) 35. International Swaps and Derivatives Association 36. JP Morgan (SIFMA Securities Industry and Financial Markets Association) 37. Landesbank Baden-Württemberg (EAPB European Association of Public Banks) 38. LCH.Clearnet (EACH European Association of Central Counterparty Houses) 39. MarkitMEFF (FESE Federation of European Securities Exchanges) 40. Morgan Stanley (ISDA International Swaps and Derivatives Association) 41. Nasdaq/IDCG (EACH European Association of Central Counterparty Houses) 42. Tullet Prebon (WMBA Wholesale Markets Brokers' Association) 43. UBS (ISDA International Swaps and Derivatives Association)

15 Same banks everywhere - DG Markt expert groups - CDS market (ISDA, Markit, ) - Represented in the International Institute of Finance present in the last EU summit (July 12, six page document) Deutsche Bank, Goldman Sachs, Morgan Stanley, ING, BNY Mellon, Société Générale, Citigroup, BNP Paribas, Credit Suisse etc.

16 Our work with Alter-EU CEO article 2007 Report 2008 when there was no info on most expert groups Report Autumn 2009 Summer 2010 Ombudsman complaint May 2011 civil society workshop To come multiple complaint on finance, letter on DG Enterprise expert groups

17 Rules on expert groups 1. Rules on Expert groups C(2010) 7649 final 2. Code of conduct on expertise 3. On conultation standards N:en:PDF

18 Curbing privileged access ALTER-EU runs a number of initiatives to combat corporate capture of expert groups: - Ombudsman complaint Mobilising MEPs Encourage civil society to open fronts (fi. transfer pricing, financial supervision authorities) Media campaing -

19 Technology Platforms ETPs provide a framework for stakeholders, led by industry, to define [EU] research priorities and action Examples of problematic ones: - Sustainable Nuclear Energy - Zero Emissions Platform (CCS) - European Biofuels Technology Platform