Learning and development - consultancy - research EIPA 2010 © Influence in the EU after Lisbon... Dr Alan Hardacre 12 May 2010, Luxembourg

learning and development - consultancy - research EIPA 2010©

Influence in the EU after Lisbon...Dr Alan Hardacre

12 May 2010, Luxembourg

EIPA 2010 - www.eipa.eu

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Contents

The Treaty of LisbonMain changes: Institutions & Decision-Making

Advocacy after Lisbon Influence and Lobbying as of 2010...Keys to Successful Influence

ConclusionsWhat Lisbon means forLobbying?


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Why Lobby in Brussels (1)?

Increasing % legislation from Brussels (70%+)

there is virtually no policy area which is not directly orindirectly affected by decisions taken collectively in Brussels

Costs and benefits of regulation fall upon virtually every sector and issue, as EU competencies expand

Something for all in consensus-oriented system

In response to actions by other interests

European Commission, Parliament and Council depend on lobbying easy access

Successful lobbying to modify EU legislation affectsthe business of the sector concerned


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Why Lobby in Brussels (2)?

Business associations (the largestgroup), NGOs,Companies, Law firmsPA Consultancy firms, Regional bodies

20.000 stakeholders involved in the EU decision-making process

45.000 officials involved in the EU decision-making process

European Commission, European Parliament, Council of Ministers, Economic & Social Committee, Committee of Regions, Permanent Representations, National experts

Almost every industry imaginable has its own sectoral lobby group inBrussels– from the European Bottled Water Cooler Association to the

Chemical Industry Federation with 140 employees


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Case-Study

Road Safety: Cross BorderEnforcement of Sanctions

- COM 2008 (0151) + IA [March 2008]- EP 1st Reading Position [December 2008]- First Reading Council [ongoing...]


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Treaty on the European Union

Treaty on the Functioning of the European Union

Protocols (37)

Annexes (2)

Declarations (65)

1 December 2010

EIPA 2010 - www.eipa.eu©

EuropeanEuropean CommunitiesCommunities

EC

Treaty

establishing

the

European

Community

Treatyestablishing

the

European Atomic Energy

Community(Euratom)

Title V

CommonForeign

andSecurityPolicy

‘2nd pillar’

TREATY ON EUROPEAN UNION

The EU 2010

Title VI

Police andJudicialCoope-ration

inCriminalMatters

‘3rd pillar’‘1st pillar’

Treaties


Euratom

TREATY ON EUROPEAN

UNION

External Action

(general)

CFSP/CSDP

TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

After Lisbon Common ProvisionsDemocratic Principles

Institutions Enhanced Cooperation

Title V Area Of Freedom, Security and Justice

Ch. 2Policies on Border Checks, Asylum and Immigration

Ch.3 Judicial Cooperation

in Civil Matters

Ch.4Judicial

Cooperation in Criminal Matters

Ch.5Police

Cooperation

Ch.1 General Provisions


A ‘simple’ scheme of the EU institutional system

PARLIAMENTdirect

representa-tion of citizens

COURT OF AUDITORS EUROPEAN CENTRAL BANK

judicial control of Community law

COURT

autonomous promotion of

Community interest

COMMISSION

negotiation of national

interestsCOUNCIL

strategic political decisions

EUROPEAN COUNCIL


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The European Council after Lisbon

Powers:

gives “impetus” and “general political guidelines”

does not take legislative decisions, but extension to 35 legal bases

triggers the passerelle mechanisms

Voting rule: operates by consensus

President to be elected for 2 ½ years renewable


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Some open (political) questions …

What will be the President's relationship with the High Representative in terms of external representation of the Union?

Will he be seen as a rival by the President of the Commission, who has had the advantage until now of being the only permanent top figure?

How will the President advance his role?


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Decision-maker, shares with Parliament the responsibility for passing laws and taking policy decisions

Representative of the 27 national governments

Meets in different compositions depending on issue: Environment, Competitiveness, etc

Rotating six-month Presidency sets the Council’s political agenda

Diplomatic, ‘secretive’ decision-making, the least transparent institution

Council After Lisbon


©Working Parties (ca. 160)

Special Committee on Agriculture

Economic &Financial

Committee

Trade Policy Committee

Econ. PolicyCommittee

Employment Committee

Fin. ServicesCommittee

Social Protection Committee

Council of Ministers

COREPERPermanent Representatives Committee (Parts I and

II)

Political &Security

Committee (PSC/COPS)

Military Committee

CIVCOM

CFSP

Article 36 Committee

(CATS)

Justice and Home Affairs

Strategic Committee

on Immigration,Frontiers and

Asylum (SCIFA)

Lisbon creates Committee on Internal Security (COSI)


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Qualified majority voting with Lisbon

Extension of QMV to 45 new cases

Nice system will continue to apply until 1 November 2014

TEU new Article55% of Member States plus 65% of population( 4 countries in order to block )

+ Protocol on Transitional Provisions01/11/14 – 31/03/17MS may request application of Nice system in specific cases


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Working Group level: identify and build a relationship with relevant attachés involved in key dossiers at the Brussels-level. Can provide a good source of information on timetables and the progress of legislative proposals.

COREPER level: the work of the Council is prepared or co-ordinated by the Committee of Permanent Representatives, made up of Permanent Representatives of the MSs and their Deputies. Maintain contacts to keep them aware of important dossiers or critical issues.

The Presidency - build important contacts with the relevant Presidency staff – key = Belgian and Hungarian

Manage co-ordinated action at the national level, targeting experts in the Ministries in tandem with an EU-level campaign

Understand the national political agenda and political colour of the MS delegation - what are the pressing issues at the national level that could influence a MS’ position at the EU-level?

Similarly, coalitions between MSs united on a given issue should be identified

Lobbying the Council

Key Institution for Case-Study. It is blocked in Council. Why?

Need to look to Presidency for impetus – Belgians?

Pressure Council via EP or Commission?


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Commission after Lisbon

Lisbon Treaty

2010-2014 = one per Member State

2014-2019 = two-thirds number of Member States

(18 members in EU27)

Protocol on the Enlargement of the EU, Art. 4 (2)

“When the Union consists of 27 Member States,... The number of Members of the Commission shall be less than the number of Member States. The Members of the Commission shall be chosen according to a rotation system based on the principle of equality.....”


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INDEPENDENCE

Takes no instructions from governments or other bodies

• Ensures application

of the Treaties

• Proposes legislation except

where the Treaties

provide otherwise

• Coordinating

• Executive

• Management

• Except for CFSP and other cases provided for under the Treaties

EXERNAL

REPRESENTATION

OF THE EU

FUNCTIONSRIGHT OF INITIATIVEGUARDIAN OF THE

TREATIES

Source: European Commission

41 32

Roles of the Commission


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Responsibilities of the Commissioners

Joaquín ALMUNIA: Competition. Vice-President of the Commission.

László ANDOR: Employment, Social Affairs and Inclusion.

Baroness Catherine ASHTON: High Representative of the Union for Foreign Affairs and Security and Vice-President of the Commission.

Michel BARNIER: Internal Market and Services.

Dacian CIOLOS: Agriculture and Rural Development.

John DALLI: Health and Consumer Policy.

Maria DAMANAKI: Maritime Affairs and Fisheries.

Karel DE GUCHT: Trade.

Štefan FÜLE: Enlargement and European Neighbourhood Policy. *

Johannes HAHN: Regional Policy.

Connie HEDEGAARD: Climate Action.

Maire GEOGHEGAN-QUINN: Research and Innovation.

Kristalina Georgieva : International Coop., Humanitarian Aid and Crisis Response. *

Siim KALLAS: Transport. Vice-President of the Commission.


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Responsibilities of the Commissioners

Neelie KROES: Digital Agenda. Vice-President of the Commission.

Janusz LEWANDOWSKI: Budget and Financial Programming.

Cecilia MALMSTRÖM: Home Affairs.

Günter OETTINGER: Energy.

Andris PIEBALGS: Development.*

Janez POTOČNIK: Environment.

Viviane REDING: Justice, Fundamental Rights and Citizenship. Vice-President of the Commission.

Olli REHN: Economic and Monetary Affairs.

Maroš ŠEFČOVIČ: Vice-President of the Commission for Inter-Institutional Relations and Administration.

Algirdas ŠEMETA: Taxation and Customs Union, Audit and Anti-Fraud.

Antonio TAJANI: Industry and Entrepreneurship. Vice-President of the Commission.

Androulla VASSILIOU: Education, Culture, Multilingualism and Youth.* In close cooperation with the High Representative/Vice-President in accordance with the

treaties.


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High Representative of the Union for Foreign Affairs and Security

Policy

conduct political dialogue with third parties and shall express the Union’sposition at international conferences

coordinate action in international organizations and international conferences (incl. UN Security Council)

coordinate civil-military aspects of CSDP

present joint proposals with Commission for economic sanctions

be responsible for Union delegations

PresidentForeign Affairs Council

Vice-President“responsible within the

Commission for responsibilities incumbent on it in external relations”

shall ‘conduct the Union’s CFSP/CSDP’

ensure the consistency of the Union’s external action


Early involvement: 80% of a Commission proposal remains in the final act

Leverage all possibilities that exist within other DGs not directly involved - especially if the lead DG is not as supportive of your case as you would like

Offer technical advice and expertise. You may know more about an issue than the official in charge - your advice could be invaluable

But remember to carry out a twofold communication, covering the Political (Commissioners’ Cabinets) as well as the Technical

Influence through other means - alliances with other companies, trade associations, NGOs, press, etc

Maintain contacts with Commission throughout decision-making process in other Institutions, given the Commission’s role as “technical advisor” and facilitator during the discussions between the EP and Council

Lobbying the Commission

Not direct key institution – but indirectly very powerful.

Best source of information. Regular contact needed.


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Ordinary legislative procedure extendedto agriculture, fisheries etc.

New budgetary procedure ensures fullparity between Council and EP for approval of the whole

Annual budget (the distinction between compulsory and non-compulsory CAP expenditure is abolished)

Control over ´executive functions´ of Commission Political control by ´electing´ the President of

Commission Enhanced role in Treaty revision

European Parliament after Lisbon


European Parliament: its role

Like all parliaments, the European Parliament has 3 fundamental powers:

- Legislative power

- Budgetary power

- Supervisory power

The Parliament has gained increased power and influence and flexes this power when it can:

- 2010 the EP is flexing its power like never before. We are entering a new era of power relations

However, unlike most national parliaments the European Parliament does not have the power to initiate European legislative proposals (role of the European Commission)


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Committee in Detail: Example TRAN (2010)

UK Members:Jacqueline Foster (ECR)Michael Nattrass (EFD)Brian Simpson (PES)

UK Substitutes:Philip Bradbourn (ECR)

Total Members: 44 (Subs 43)

S&D 11 EPP-ED 16 ALDE 5

Germany 7 UK 3 France 3 Italy 4

Chair: Brian Simpson (S&D, UK)

Vice Chairs:Peter van Dalen (ECR, Netherlands) Silvia-Adriana Ticau (S&D, Romania) Dieter Lebrecht Koch (EPP, Germany)

Political Group Co-ordinators: EPP-ED: Mathieu Grosch (Belgium)

PES: Said El Khadraoui (Belgium) ALDE: Direk Sterckz (Belgium)


Lobbying the Parliament

Targeting key MEPs: typically 10 to 30 MEPs lead the amendment of proposals. Likely to be more than 1 Committee, i.e. lead Committee + opinion-giving Committee (s)

Provide positive political/emotional arguments, support with facts

Capacity for timely and quick input Understand regional and political agendas beyond parties Providing relevant, credible and concise information

MEPs are accessible

MEPs are receptive to good lobbying

Not direct key institution – but indirectly powerful.

Regular contact needed. There might be a 2nd Reading...


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EU competence

MemberStatecompetence

shared competence

Internal Market

Agriculture

Environment

Public Health

Consumer Protection

Excisable products (movement of)

Excise duties (setting of)

Economic policy (employment and fiscal policy)

Single Currency

Customs duties

Competition rules

Common Commerical

Competencies & Decision-Making after Lisbon


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Decision-Making: Overview of Changes

A clearer hierarchy of norms

Simplification – fewer acts and procedures

Extension of scope of qualified-majority voting

No change in present system of QMV until 2014

Extension of co-decision (ordinary legislative procedure –OLP)

- incl. agriculture, most of Police and Judicial Cooperation in Criminal Matters, trade...

“Legislative” and “non-legislative” acts


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Commissioner – Sim Kallas

Commissioner’s Cabinet -

Henrik Hololei – Head of Cabinet

Keir Fitch – Deputy Head of Cabinet

– in charge of Land Transport

Director-General : M. RueteDirectorate D – Inland Transport: E. Grillo PasquarelliUnit D 3 –Road Safety: I. Kardacz

Commission

EP

Committees and groups of experts

CouncilGSC – Unit 1C – Maritime, Land and Air Transport : Oliveira Paolo

Belgian PermRep – Transport Attaché: Pieter De Meyer

Favourable PermReps

Member States National Experts : National Ministries of Transport

Technical levelPolitical level

Identify your networks

Expert Group – Sécuritédans le transport public – comprised of experts from national transport ministries

Lead Rapporteur: I.A. Sender (S&D)Opinion Rap: R. Weber (ALDE)Shadow Rap: : H. Ranner (EPP); V. Savisaar (ALDE); E. Lichtenberger (Greens/EFA); Peter Van Dalen (ECR) ; Jaromir Kohlicek - GUE/NGL

Secretariat Committee onTransport and Tourism:Head of Unit: Ute KassnitzRoad Safety responsible:David Catot (administrator)


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Stakeholders Positions

Definition/ Objectives

Cover only Trans European Network

Limited to 3 traffic offences

Policy Option:European Solution

Cost/Benefits

ACEA

ADAC

ASECAP N/A

ASFA N/A

BDO

CORTE

ETSC

Germany

France N/A

UK N/A N/A

Issues

Actors

NOYES


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Current Situation/Next Steps in the Decision Making Process

Current Situation - Council Blockage

Next Steps – Placed on the Agenda of Next Presidency - Belgium

2008 – Council 1st Reading • Blocking Element – controversies in Council over legal basis - 1st or 3rd pillar and competencies of the Commission - over-legislating, principles of proportionality/ subsidiarity• Majority vote in Council in favour of putting the directive under 3rd pillar

• Lisbon Treaty – no pillarsChance for the Directive to move forward• Inter-institutional Consultations going on between Commission-Council on procedural matters of pushing the directive further – classification under which article - Chapter 5 - Police Cooperation Art. 87 (2) TFEU? • Unresolved issues: Would the Commission agree to Ch. 5 legal basis? What happens with the UK and Ireland and their opt-outs (ins) and how does this work in practice? The Belgians will present a non-paper or Presidency Paper at the Working Group level in July – to be discussed in September.


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Role and Importance of European Associations

Have the knowledge and resources to follow the European agenda and be successful in representing the interests of their members before EU regulators and authorities Are trusted by the EU institutions since they promote the voice and position of a significant part of a specificsector Can readily provide institutions with expertise andinput during the decision making process, contributing toeffective and practical law making, influencing EU affairs to the benefit of their members


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EIPA Courses

Understanding EU Decision-Making: Principles, Procedures, Practice

Formal and Informal Consultation in the EU

How to Influence EU Decision-Making

Comitology and EU Transport Policies

1

2

3

4


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Many thanks for your attention.

Do You Have Any Questions?

[email protected]

Documents

Learning and development - consultancy - research EIPA 2010 © Influence in the EU after Lisbon... Dr Alan Hardacre 12 May 2010, Luxembourg