2. Special interest groups
The present situation
Other Community institutions
Member States, third countries and international organizations
Guiding principles
The Commission is frequently contacted by the representatives of
special interest groups. These groups can be divided into non-profit
making organizations (European and (inter)national associations/federations)
and profit making organizations (legal advisers, public relations
and public affairs firms, and consultants). The former are largely,
but not solely, professional organizations. The latter are persons
who often act on the instructions of a third party to set out and
defend the interests of that third party. Such a distinction between
profit and non-profit special interest groups is somewhat arbitrary.
Nevertheless, it is considered practical for the purposes of this
communication.
The present situation
At present there are thought to be approximately 3 000 special interest
groups of varying types in Brussels, with up to 10 000 employees
working in the lobbying sector. Within this total there are more
than 500 European and international federations (whose constituent
members belonging to national associations number more than 5 000).
In addition, there are 50 offices in Brussels representing Länder,
regional and local authorities (some of which may of course participate
in the institutional framework of the Community and it is only their
other activities which are concerned by this communication). There
are more than 200 individual firms with direct representation, and
about 100 consultants (management, and public relations) with offices
in Brussels and many others dealing with Community affairs. There
are 100 law firms in Belgium specializing in Community law and many
more in other countries (both Member States and beyond).
The Single European Act, coupled with the progress of the White
Paper programme, prompted a sharp increase in lobbying at Commission
level. At the same time there was a shift in the need for information
from a general to a specific level. Evidence of this is that independent
consultants began to obtain monitoring contracts from clients. Moreover,
organizations sought to exert influence directly and/or through
intermediaries such as consultants. For similar purposes, large
firms from third countries increasingly set up offices in Brussels.
In addition, some of these special interest groups
serve as a channel to provide specific technical expertise to the
Commission from a variety of sectors, such as in the drafting of
technical regulations.
There are basically two forms of dialogue between
the Commission and special interest groups: through advisory committees
and expert groups which assist the Commission in the exercise of
its own competences; and through contact with interest groups on
an unstructured, ad hoc basis. The nature and intensity of these
contacts vary.
Explicit Commission rules (such as accreditation,
registration, code of conduct) towards special interest groups do
not exist. However, the Commission has a general policy not to grant
privileges to special interest groups, such as the issuing of entry
passes and favoured access to information. Nor does it give associations
an official endorsement by granting them consultative status. This
is because the Commission has always wanted to maintain a dialogue
which is as open as possible with all interested parties without
having to enforce an accreditation system. Commission services have
drawn up directories which list Community trade, agricultural, industrial
and other relevant professional associations as a first tool in
the search for increased understanding of special interest groups.
While there are no general problems with such contacts,
there have been cases where more aggressive styles of lobbying have
been encountered. Misdemeanours have occurred, such as lobbyists
selling draft and official documents; lobbyists misrepresenting
themselves to the public by the use of Commission symbols; lobbyists
who are in possession of a press card and therefore have direct
access to press conferences and press releases. One of the reasons
cited for the success of the trade in Commission documents is the
length of time it takes to obtain them through official channels
(this is partly due to the unavoidable delays inherent in the translation
process). Some problems of confidentiality also exist.
Other Community institutions
Contacts were also made with other Community institutions
(European Parliament and Council of Ministers), and with the Economic
and Social Committee, on the question of relations with interest
groups. The Committee on the rules of procedure of the European
Parliament has issued (3 October 1992) a recommendation to the Enlarged
Bureau on rules governing the representation of special interest
groups at the European Parliament.
This proposal envisages a register, a code of conduct,
rights in connection with registration, such as access to the European
Parliament and its documents, and an enforcement procedure.
Member States, third countries
and international organizations
In the majority of Member States formal procedures
for lobbying are not laid down. In those cases where rules do exist,
they deal mainly with the relationship between the Parliament and
lobbyists. Some formal framework on lobbying exists in the Federal
Republic of Germany, the United States, Canada and the United Nations.
In the United Kingdom a similar policy is under preparation. The
policy is most developed in the United States (see Annex I). Key
elements in the various existing procedures include rules on accreditation,
registration, directories, codes of conduct, management and the
enforcement of fixed rules.
Guiding principles
A number of guiding principles need to be followed
in order to define the Commission's future relations with interest
groups:
- preservation of the open relationship between
the Commission and special interest groups, adhering to the principle
of an open administration, which has been the well established practice
built up over many years but which could still be extended further,
- while the Commission tends to favour European
(con)federations over representatives of individual or national
organizations, it is nevertheless committed to the equal treatment
of all special interest groups, to ensure that every interested
party, irrespective of size or financial backing, should not be
denied the opportunity of being heard by the Commission,
- it should be possible for Commission officials, when dealing with
representatives of special interest groups, to know exactly who
is who and who does what,
- while the Commission can pursue its own approach to dealing with
special interest groups, it should remain open to the possibility
of fitting in with the policy of other Community institutions in
this field,
- the adoption of simple procedures calling for a minimum amount
of human and financial resources and administrative effort.
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