Influence in the EU after Lisbon...

1. Influence in the EU after Lisbon... Dr Alan Hardacre 12 May 2010, Luxembourg

2. 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?

3. Why Lobby in Brussels (1)? • Increasing % legislation from Brussels (70%+)  there is virtually no policy area which is not directly or indirectly 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 affects the business of the sector concerned

4. Why Lobby in Brussels (2)? Business associations (the largest group), NGOs,Companies, Law firms PA Consultancy firms, Regional bodies 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 20.000 stakeholders involved in the EU decision-making process Almost every industry imaginable has its own sectoral lobby group in Brussels– from the European Bottled Water Cooler Association to the Chemical Industry Federation with 140 employees

5. Case-Study • Road Safety: Cross BorderEnforcement of Sanctions- COM 2008 (0151) + IA [March 2008]- EP 1st Reading Position [December 2008]- First Reading Council [ongoing...]

6. 1 December 2010 • Treaty on the European Union • Treaty on the Functioning of the European Union • Protocols (37) • Annexes (2) • Declarations (65)

7. TREATY ON EUROPEAN UNION The EU 2010 Treaties Title VI Police and Judicial Coope-ration in Criminal Matters EuropeanCommunities Title V Common Foreign and Security Policy Treaty establishing the European Atomic Energy Community (Euratom) Treaty establishing the European Community EC ‘2nd pillar’ ‘3rd pillar’ ‘1st pillar’

8. After Lisbon Common Provisions Democratic Principles Institutions Enhanced Cooperation Euratom TREATY ON EUROPEAN UNION TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION External Action (general) CFSP/ CSDP Title V Area Of Freedom, Security and Justice Ch.1 General Provisions Ch. 2 Policies on Border Checks, Asylum and Immigration Ch.3 Judicial Cooperation in Civil Matters Ch.4 Judicial Cooperation in Criminal Matters Ch.5 Police Cooperation

9. A ‘simple’ scheme of the EU institutional system EUROPEAN COUNCIL COURT autonomous promotion of Community interest strategic political decisions judicial control of Community law COMMISSION direct representa- tion of citizens negotiation of national interests COUNCIL PARLIAMENT COURT OF AUDITORS EUROPEAN CENTRAL BANK

10. 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

11. 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?

12. Council After Lisbon • 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

13. Justice and Home Affairs Article 36 Committee (CATS) Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) Economic & Financial Committee Special Committee on Agriculture Econ. Policy Committee Trade Policy Committee Fin. Services Committee Employment Committee Lisbon creates Committee on Internal Security (COSI) Social Protection Committee Council of Ministers COREPER Permanent Representatives Committee (Parts I and II) CFSP Political & Security Committee (PSC/COPS) Military Committee CIVCOM Working Parties (ca. 160)

14. 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

15. Lobbying the Council • 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 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?

16. 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.....”

17. Roles of the Commission 2 3 4 1 RIGHT OF INITIATIVE FUNCTIONS GUARDIAN OF THE TREATIES EXERNAL REPRESENTATION OF THE EU • Proposes legislation except • where the Treaties • provide otherwise • Coordinating • Executive • Management • Except for CFSP and other cases provided for under the Treaties • Ensures application • of theTreaties INDEPENDENCE Takes no instructions from governments or other bodies Source: European Commission

18. 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.

19. 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.

20. High Representative of the Union for Foreign Affairs and Security Policy President Foreign 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 conduct political dialogue with third parties and shall express the Union’s position 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

21. Lobbying the Commission • 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 Not direct key institution – but indirectly very powerful.Best source of information. Regular contact needed.

22. European Parliament after Lisbon • 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

23. 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)

24. Committee in Detail: Example TRAN (2010) 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) 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

25. 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...

26. Competencies & Decision-Making after Lisbon Single Currency Customs duties Competition rules Common Commerical EU competence Internal Market Agriculture Environment Public Health Consumer Protection Excisable products (movement of) shared competence Member State competence Excise duties (setting of) Economic policy (employment and fiscal policy)

27. 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

28. 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. Ruete Directorate D – Inland Transport: E. Grillo Pasquarelli Unit D 3 –Road Safety: I. Kardacz Commission GSC – Unit 1C – Maritime, Land and Air Transport : Oliveira Paolo Belgian PermRep – Transport Attaché: Pieter De Meyer Favourable PermReps Council Member States National Experts : National Ministries of Transport EP Political level Technicallevel Committees and groups of experts Identify your networks 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 on Transport and Tourism: Head of Unit: Ute Kassnitz Road Safety responsible: David Catot (administrator) Expert Group – Sécurité dans le transport public– comprised of experts from national transport ministries

29. Stakeholders Positions Issues Actors YES NO

30. Current Situation/Next Steps in the Decision Making Process Current Situation - Council Blockage • 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 Next Steps – Placed on the Agenda of Next Presidency - Belgium • Lisbon Treaty – no pillars • Chance 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.

31. 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 specific sector Can readily provide institutions with expertise and input during the decision making process, contributing to effective and practical law making, influencing EU affairs to the benefit of their members

32. EIPA Courses 1 Understanding EU Decision-Making: Principles, Procedures, Practice 2 Formal and Informal Consultation in the EU 3 How to Influence EU Decision-Making 4 Comitology and EU Transport Policies

33. ? Do You Have Any Questions? ? ? Many thanks for your attention. a.hardacre@eipa.eu