General Events (3) Documents Amendments (38) History (4)
2010/2291(ACI) European Parliament/European Commission Agreement: transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation
Lead AFCO CASINI Carlo ( PPE) GROOTE Matthias ( S&D), HÄFNER Gerald ( Verts/ALE), HANNAN Daniel ( ECR), MESSERSCHMIDT Morten ( EFD)
AFCO/7/04697
RoP 148
8.40.01 European Parliament
8.40.03 European Commission
8.40.10 Interinstitutional relations, subsidiarity, proportionality, comitology
8.40.16 Relations with interest representatives
PURPOSE: to reach an interinstitutional agreement on the establishment of a common transparency register for European lobbyists.
INTERINSTITUTIONAL AGREEMENT: agreement between the European Parliament and the European Commission on the establishment of a transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation.
CONTENT: this text seeks to establish a transparency register common to the three institutions for the registration and monitoring of organisations and self-employed individuals engaged in EU policy-making and policy implementation.
Principles of the register: the establishment and operation of the register shall respect the general principles of Union law, including the principles of proportionality and non-discrimination. The establishment and operation of the register shall respect the rights of Members of the European Parliament to exercise their parliamentary mandate without restriction, and shall not impede access for Members' constituents to the European Parliament's premises. The establishment and operation of the register shall not impinge on the competences or prerogatives of the parties hereto or affect their respective organisational powers. The parties hereto shall strive to treat all operators engaged in similar activities in a similar manner, and to allow for a level playing-field for the registration of lobbyists.
Structure of the register : guidelines are laid down in regard to i)the scope of the register, eligible activities and exemptions; ii) sections open to registration; iii) information required from registrants, including the financial disclosure requirements. The text also includes a specific code of conduct, as well as a complaint mechanism and measures to be applied in the event of non-compliance with the code of conduct.
Scope of the register : the scope of the register covers all activities carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions.
Excluded activities : the following activities are excluded from the scope of the register: i) activities concerning the provision of legal and other professional advice; ii) activities of the social partners as participants in the social dialogue (trade unions, employers associations, etc.) when performing the role assigned to them in the Treaties ; iii) activities in response to direct and individual requests from EU institutions or Members of the European Parliament, such as ad hoc or regular requests for factual information, data or expertise and/or individualised invitations to attend public hearings or to participate in the workings of consultative committees or in any similar forums.
Churches and religious communities, political parties, and regional, local and municipal authorities are not concerned by the register. However, networks, platforms or other forms of collective activity which have no legal status or legal personality but which constitute de facto a source of organised influence and which are engaged in activities falling within the scope of the register are expected to register.
Basic rules applicable to registrants : by registering, organisations and individuals concerned:
agree that the information which they provide for inclusion in the register shall be public, agree to act in compliance with the code of conduct and, where relevant, to provide the text of any professional code of conduct by which they are bound, guarantee that the information provided for inclusion in the register is correct, accept that any complaint against them will be handled on the basis of the rules in the code of conduct underpinning the register, agree to be subject to any measures to be applied in the event of infringement of the code of conduct, note that the parties hereto may have to disclose correspondence and other documents concerning the activities of registrants.
Code of conduct : non-compliance with the code of conduct by registrants or by their representatives may lead, following an investigation paying due respect to the principle of proportionality and the right of defence, to the application of measures, such as suspension or removal from the register, and, if applicable, withdrawal of the badges affording access to the European Parliament issued to the persons concerned and, if appropriate, their organisations.
General provisions : technical implementation measures are provided for. The Secretaries-General of the European Parliament and the European Commission shall be responsible for supervision of the system and for all key operational aspects. The issue and control of badges affording long-term access to the European Parliament's buildings will remain a process operated by that institution. Such badges will only be issued to individuals representing, or working for, organisations falling within the scope of the register where those organisations or individuals have registered. However, registration shall not confer an automatic entitlement to such a badge.
The European Council and the Council are invited to join the register. Other EU institutions, bodies and agencies are encouraged to use this system themselves as a reference instrument for their own interaction with the organisations and self-employed individuals concerned.
Final provisions : the switchover from the existing registers of the parties hereto to the new common register will take place over a transition period of 12 months from the day of entry into operation of the common register.
Once the common register has entered into operation:
registrants will be able to switch their existing registration to the common register, any new registration or update of existing data will only be possible through the common register.
The common register shall be subject to review no later than 2 years following its entry into operation.
Interinstitutional agreement 2011/722
The European Parliament approved the conclusion of the interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register.
Members regards the agreement as an important first step towards greater transparency and intend to propose in due course that standards be raised so as to ensure the consistent integrity of the public administration of the Union and the strengthening of its institutional rules.
Parliament is of the opinion that the agreement will provide a strong incentive for registration since it will render it impossible for anyone to procure a badge giving access to Parliament without first registering. It repeats, however, the call for the mandatory registration of all lobbyists on the Transparency Register and calls for the necessary steps to be taken in the framework of the forthcoming review process in order to prepare for a transition to mandatory registration.
Parliament retains its unfettered right to decide who should be permitted to access its premises.
Members welcome, in particular, the following aspects contained in the agreement:
the change of the name of the register to 'the Transparency Register'; the scope of the register, which covers all the relevant actors except for, inter alia, the social partners as participants in the social dialogue, churches, political parties and local, regional and municipal authorities (including representations forming part of their administrations); the fact that the register introduces transparency for a wide range of actors in contact with the EU institutions, and in particular has separate sections covering representatives of special interests, civil society representatives and representatives of public authorities, thereby drawing a distinction between the differing roles played by lobbyists and those dealing with the EU institutions in an official capacity; the request for relevant financial information; binding measures in the event of failure to comply with the code of conduct annexed to the agreement.
The Bureau is requested to devise a system whereby all lobbyists who fall within the scope of the register and who have obtained a meeting with a relevant Member about a specific legislative dossier are recorded as having done so in the explanatory memorandum to the report or recommendation relating to the relevant draft legislative act.
Regretting that the Council has not yet become a party to the agreement, Members call on the Council to join the common register as soon as possible.
The register shall include the following:
a) a set of guidelines on: (i) the scope of the register, eligible activities and exemptions; (ii) sections open to registration (Annex 1); (iii) information required from registrants, including the financial disclosure requirements (Annex 2);
b) a code of conduct (Annex 3);
c) a complaint mechanism and measures to be applied in the event of non-compliance with the code of conduct, including the procedure for the investigation and treatment of complaints (Annex 4).
The scope of the register covers all activities carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions, irrespective of the channel or medium of communication used, for example outsourcing, media, contracts with professional intermediaries, think-tanks, platforms, forums, campaigns and grassroots initiatives. These activities include, inter alia, contacting Members, officials or other staff of the EU institutions, preparing, circulating and communicating letters, information material or discussion papers and position papers, and organising events, meetings or promotional activities and social events or conferences, invitations to which have been sent to Members, officials or other staff of the EU institutions.
Voluntary contributions and participation in formal consultations on envisaged EU legislative or other legal acts and other open consultations are also included.
The activities excluded from the scope of the register are as follows:
activities concerning the provision of legal and other professional advice, in so far as they relate to the exercise of the fundamental right of a client to a fair trial, including the right of defence in administrative proceedings, such as carried out by lawyers or by any other professionals involved; activities of the social partners as participants in the social dialogue (trade unions, employers associations, etc.) when performing the role assigned to them in the Treaties. This applies mutatis mutandis to any entity specifically designated in the Treaties to play an institutional role; activities in response to direct and individual requests from EU institutions or Members of the European Parliament, such as ad hoc or regular requests for factual information, data or expertise and/or individualised invitations to attend public hearings or to participate in the workings of consultative committees or in any similar forums.
EP - Committee report tabled for plenary, single reading
The Committee on Constitutional Affairs adopted the report drafted by Carlo CASINI (EPP, IT) approving the conclusion of an interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register.
The committee regards the agreement as an important first step towards greater transparency and intends to propose in due course that standards be raised so as to ensure the consistent integrity of the public administration of the Union and the strengthening of its institutional rules.
Members are of the opinion that the agreement will provide a strong incentive for registration since it will render it impossible for anyone to procure a badge giving access to Parliament without first registering. They repeat, however, their call for the mandatory registration of all lobbyists on the Transparency Register and call for the necessary steps to be taken in the framework of the forthcoming review process in order to prepare for a transition to mandatory registration.
the change of the name of the register to 'the Transparency Register'; the scope of the register, which covers all the relevant actors except for, inter alia, the social partners as participants in the social dialogue, churches, political parties and local, regional and municipal authorities (including representations forming part of their administrations); the fact that the register introduces transparency for a wide range of actors in contact with the EU institutions, and in particular has separate sections covering representatives of special interests, civil society representatives and representatives of public authorities, thereby drawing a distinction between the differing roles played by lobbyists and those dealing with the EU institutions in an official capacity; the request for relevant financial information; binding measures in the event of failure to comply with the code of conduct annexed to the agreement. Its Bureau is requested to devise a system whereby all lobbyists who fall within the scope of the register and who have obtained a meeting with a relevant Member about a specific legislative dossier are recorded as having done so in the explanatory memorandum to the report or recommendation relating to the relevant draft legislative act.
Lastly, regretting that the Council has not yet become a party to the agreement, Members call on the Council to join the common register as soon as possible.
EP - Amendments tabled in committee
EP - CASINI Carlo (PPE) appointed as rapporteur in AFCO
Final act published in Official Journal: Interinstitutional agreement 2011/722
Final act published in Official Journal: OJ L 191 22.07.2011, p. 0029
Committee report tabled for plenary, single reading: A7-0174/2011
Amendments tabled in committee: PE462.714
Amendments Dossier
38 2010/2291(ACI)
2011/04/01 AFCO 38 amendments...
Amendment 1 #
Andrew DUFF
Proposal for a decision
1. Regards the agreement as an important step towards greater transparencyonly one step towards greater transparency and intends in due course to propose that standards be raised to ensure the consistent integrity of the public administration of the Union and a strengthening of the institutional rules, in particular with a view to making the register compulsory and requiring full financial disclosure;
Amendment 10 #
Anneli JÄÄTTEENMÄKI
5. Recalls its wish that the Council shouldgrets that the Council has not yet become a party to the agreement; welcomes, however, the fact that the Council has indicated that it will become a party to the agreement;
Rainer WIELAND
Paragraph 6 – point b
(b) the scope of the register, which covers all relevant actors but excludes, among others, – particularly in paragraphs 11, 12 and 13 – social partners as actors in the social dialogue, as well as churches, political parties and local, regional and municipal authorities;
(b) the scope of the register, which covers all relevant actors but excludes, among others, social partners as actors in the social dialogue, as well as churches, political parties and local, regional and municipal authoritie, with respect to the social partners, churches, political parties and local, regional and municipal authorities, distinguishes between their role as lobbyists and their role as official interlocutors of the Union institutions;
Søren Bo SØNDERGAARD
(b) the scope of the register, which covers all relevant actors but excludes, among others, social partners as actors in the social dialogue, as well as c. Churches, and political parties and local, regional and municipal authorities; are likewise exempted from the register. However, their representation offices or legal bodies, offices and networks created to represent them towards the European institutions, as well as their associations, are expected to register.
Alexandra THEIN
(b) the scope of the register, which covers all relevant actors but excludes, among others, social partners as actors in the social dialogue, as well as churches, political parties and local, regional and municipal authorities; in addition, representations to the EU from the authorities listed receive preferential treatment, as theirs is, according to the Treaties, an institutional role and they do not, under paragraphs 10(b) and 13(1) of the agreement, fall within the scope of the register;
Elmar BROK, Matthias GROOTE, Estelle GRELIER, Monika HOHLMEIER
(b) the scope of the register, which covers all relevant actors but excludes, among others, social partners as actors in the social dialogue, as well as churches, political parties and local, regional and municipal authorities; – including representations belonging to their administrations – as theirs is, according to the Treaties, an institutional role and they do not, under paragraphs 10(b), 11, 12 and 13 of the agreement, fall within the scope of the register;
(b) the scope of the register, which covers all relevant actors but excludes, among others, social partners as actors in the social dialogue, as well as churches, political parties and local, regional and municipal authorities;
Michael GAHLER
(b) the scope of the register, which covers all relevant actors but excludes, among others, social partners as actors in the social dialogue, as well as churches, political parties and local, regional and municipal authorities as well as their representative offices or legal bodies and therefore demands that section 13, phrase 2 be deleted from the agreement;
Andreas MÖLZER
(b) the scope of the register, which covers all relevant actors but excludes, among others, social partners as actors in the social dialogue, as well as churches, political parties and, local, regional and municipal authorities and their official representations in Brussels;
Carlo CASINI
Paragraph 6 – point c
(c) the division offact that the register into separate sections and subsections, which makes it possible for different kinds of organiscreates transparency for the wide range of contacts of the European institutions and, in particular, brings together representatives of specific interests, civil society representationves and associations to be entered in the registerrepresentatives of public authorities;
Thijs BERMAN
1. Regards the agreement as an important step towards a compulsory register and greater transparency;
(c) the division of the register into separate sections and subsections, which makes it possible for differentall kinds of organisations and associations to be entered in the register;
Paragraph 6 – point d
(d) the demand for relevant financial information;, while being of the opinion that all interest representatives, including consultancies and law firms when their purpose is to influence policy rather than case-law, must declare their clients' expenditure in the same way with reference to bandwidths of EUR 10,000.
Paragraph 6 – points d a, d b and d c (new)
(da) the establishment of a 'joint Register Secretariat' which must scrutinise and ensure the accuracy of the information in the register, while considering it important that sufficient resources (staff and money) be granted for that purpose; (db) the suggested sanctions in the case of non-compliance with the rules such as suspension or exclusion from the register or withdrawal of the access badges to the European Parliament , while believing that a decision to apply such sanctions must be published on the register's website; (dc) the requirement for interest representatives always to declare the entity or entities for which they work or which they represent in accordance with the code of conduct, while believing that , if applicable, interest representatives should reveal by whom their clients are funded;
Paragraph 6 – point d a (new)
(da) binding measures in the event of failure to comply with the code of conduct;
Gerald HÄFNER, Sandrine BÉLIER, Indrek TARAND
Paragraph 6 a (new)
6a. Demands, however, that regional representation offices which are units of the public administration of their federal state or region and hence public authorities are exempted from the register; demands further that point 13 of the agreement is amended accordingly;
6a. Underlines that the representations and other bodies maintained by the actors listed in paragraphs 11, 12 and 13 must be given preferential treatment when implementing paragraphs 13 to 27 of the agreement, with particular regard to paragraph 17;
6a. Believes that the rules applicable to representatives of public authorities should not be the same as those applicable to representatives of particular interests and considers, in particular, that the invitation to register addressed to organisations with public status can only apply to autonomous organisations but not to public authorities themselves; their staff are, however, invited to register and provide information on the total budget for their representations from publicly available sources;
Helmut SCHOLZ
6a. Underlines that application of the agreement to organisations whose activities oblige them to serve the public interest, fulfil constitutional tasks and observe fundamental rights must comply fully with these specific arrangements;
Gaston FRANCO, Dominique VLASTO
6a. Regrets nevertheless that local, regional and municipal authorities' institutional representations based in Brussels fall within the scope of the register under Article 13 of the agreement and calls for their exclusion;
6a. Regrets that the Transparency Register does not require members and staff of the EU institutions to identify, in a logbook, interest representatives with whom discussions have been held on items of legislation;
1. Regards the agreement as an important first step towards greater transparency;
Andrew DUFF, Diana WALLIS
6a. Requests that the Bureau of Parliament devise a system whereby all lobbyists falling within the scope of the register who obtain a meeting with a relevant Member about a specific legislative dossier are recorded as having done so in an explanatory memorandum to the report or recommendation relating to the draft legislative act;
Mario MAURO, Potito SALATTO, Oreste ROSSI, Sergio BERLATO
7. ADoes not approves conclusion of the agreement below and decides to annex it to its Rules of Procedurereopen the negotiations;
7. ADoes not approves conclusion of the agreement below and decides to annex it to its Rules of Procedureunless the agreement is amended in accordance with paragraph 6a;
Alyn SMITH, Frieda BREPOELS
7. Approves conclusion of the agreement below and decides to annex it to its Rules of Proceduredopts its position hereinafter set out;
7. Approves conclusion of the agreement below, taking into account the contents of this report, and decides to annex it to its Rules of Procedure;
Paragraphs 7 a and 7 b (new)
7a. Calls on the Bureau of the Parliament to establish a triviality limit for the requirement on Members to register gifts, services and the like rendered to them; 7b. Further believes that interest representatives should be obliged to disclose the same information on lobbying expenditure spent on Members as Members are obliged to disclose in their financial declarations, applying the same triviality limit;
Paragraph 7 c (new)
7c. Recalls the importance of a thorough review of the common register no later than two years following its initial entry into force; considers that that review should be used to move towards mandatory registration and improve the quality of data in the register (e.g. financial information);
13. Local, regional and municipal authorities are not concerned by the register. However their representation offices or legal bodies, offices and networks created to represent them towards the European institutions, as well as their associations, are expected to register.
Draft Agreement on a "Transparency Register"
Annex 1 – point VI - first subsection
subsection Local & regional Authorities (subnational level) Legal entities, representation offices, associations or networks set up to represent local & regional authorities (subnational level)deleted
2a. Regrets the fact that entry in the Transparency Register is not compulsory for interest representatives who obtain access to European Parliament buildings on the basis of a day pass;
4. Is of the opinion that the agreement meets, de facto, Parliament's demand for obligatory registration because it remainswill provide a strong incentive for registration since it will render it impossible for anyone to procure a badge giving access to Parliament without first registering;
4. Is of the opinion that the agreement meets, de facto,does not meet Parliament's demand for obligatory registration because lobbying activities can also take place outside Parliament; notes that it remains impossible for anyone to procure a badge giving access to Parliament without first registering;
4a. Reaffirms, however, its call for the mandatory registration of all lobbyists on the Transparency Register and calls for the necessary steps to prepare for a transition to mandatory registration to be taken in the forthcoming review process;
5. RecCalls its wish that the Council should become a party to the agreementon the Council to join the common register as soon as possible;
5. Recalls its wish that the Council should become a party to the agreementPoints out again that it is crucial for the Council to be a party to the agreement in order to ensure transparency at all stages in the law-making process at EU level;
source: PE-462.714
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Committee referral announced in Parliament, 1st reading/single reading
Committee referral announced in Parliament
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Vote in committee
events/2
Committee report tabled for plenary
url: https://www.europarl.europa.eu/doceo/document/A-7-2011-0174_EN.html title: A7-0174/2011
Committee report tabled for plenary, single reading
url: http://www.europarl.europa.eu/doceo/document/A-7-2011-0174_EN.html title: A7-0174/2011
events/3/docs
url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20110510&type=CRE title: Debate in Parliament
Decision by Parliament
url: https://www.europarl.europa.eu/doceo/document/TA-7-2011-0222_EN.html title: T7-0222/2011
The European Parliament approved the conclusion of the interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register. Members regards the agreement as an important first step towards greater transparency and intend to propose in due course that standards be raised so as to ensure the consistent integrity of the public administration of the Union and the strengthening of its institutional rules. Parliament is of the opinion that the agreement will provide a strong incentive for registration since it will render it impossible for anyone to procure a badge giving access to Parliament without first registering. It repeats, however, the call for the mandatory registration of all lobbyists on the Transparency Register and calls for the necessary steps to be taken in the framework of the forthcoming review process in order to prepare for a transition to mandatory registration. Parliament retains its unfettered right to decide who should be permitted to access its premises. Members welcome, in particular, the following aspects contained in the agreement: the change of the name of the register to 'the Transparency Register'; the scope of the register, which covers all the relevant actors except for, inter alia, the social partners as participants in the social dialogue, churches, political parties and local, regional and municipal authorities (including representations forming part of their administrations); the fact that the register introduces transparency for a wide range of actors in contact with the EU institutions, and in particular has separate sections covering representatives of special interests, civil society representatives and representatives of public authorities, thereby drawing a distinction between the differing roles played by lobbyists and those dealing with the EU institutions in an official capacity; the request for relevant financial information; binding measures in the event of failure to comply with the code of conduct annexed to the agreement. The Bureau is requested to devise a system whereby all lobbyists who fall within the scope of the register and who have obtained a meeting with a relevant Member about a specific legislative dossier are recorded as having done so in the explanatory memorandum to the report or recommendation relating to the relevant draft legislative act. Regretting that the Council has not yet become a party to the agreement, Members call on the Council to join the common register as soon as possible. The register shall include the following: a) a set of guidelines on: (i) the scope of the register, eligible activities and exemptions; (ii) sections open to registration (Annex 1); (iii) information required from registrants, including the financial disclosure requirements (Annex 2); b) a code of conduct (Annex 3); c) a complaint mechanism and measures to be applied in the event of non-compliance with the code of conduct, including the procedure for the investigation and treatment of complaints (Annex 4). The scope of the register covers all activities carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions, irrespective of the channel or medium of communication used, for example outsourcing, media, contracts with professional intermediaries, think-tanks, platforms, forums, campaigns and grassroots initiatives. These activities include, inter alia, contacting Members, officials or other staff of the EU institutions, preparing, circulating and communicating letters, information material or discussion papers and position papers, and organising events, meetings or promotional activities and social events or conferences, invitations to which have been sent to Members, officials or other staff of the EU institutions. Voluntary contributions and participation in formal consultations on envisaged EU legislative or other legal acts and other open consultations are also included. The activities excluded from the scope of the register are as follows: activities concerning the provision of legal and other professional advice, in so far as they relate to the exercise of the fundamental right of a client to a fair trial, including the right of defence in administrative proceedings, such as carried out by lawyers or by any other professionals involved; activities of the social partners as participants in the social dialogue (trade unions, employers associations, etc.) when performing the role assigned to them in the Treaties. This applies mutatis mutandis to any entity specifically designated in the Treaties to play an institutional role; activities in response to direct and individual requests from EU institutions or Members of the European Parliament, such as ad hoc or regular requests for factual information, data or expertise and/or individualised invitations to attend public hearings or to participate in the workings of consultative committees or in any similar forums.
Decision by Parliament, 1st reading/single reading
url: http://www.europarl.europa.eu/doceo/document/TA-7-2011-0222_EN.html title: T7-0222/2011
procedure/Modified legal basis
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Responsible Committee
committee_full
Constitutional Affairs
name: CASINI Carlo date: 2011-01-26T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
name: GROOTE Matthias group: Progressive Alliance of Socialists and Democrats abbr: S&D name: HÄFNER Gerald group: Greens/European Free Alliance abbr: Verts/ALE name: HANNAN Daniel group: European Conservatives and Reformists abbr: ECR name: MESSERSCHMIDT Morten group: Europe of Freedom and Democracy abbr: EFD
name: CASINI Carlo group: European People's Party (Christian Democrats) abbr: PPE
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date: 2011-07-22T00:00:00 type: Final act published in Official Journal
body: EC dg: Human Resources and Security commissioner: ŠEFČOVIČ Maroš
group: S&D name: GROOTE Matthias group: Verts/ALE name: HÄFNER Gerald group: ECR name: HANNAN Daniel group: EFD name: MESSERSCHMIDT Morten
group: PPE name: CASINI Carlo
date: 2011-03-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE458.636 title: PE458.636 type: Committee draft report body: EP
date: 2011-04-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE462.714 title: PE462.714 type: Amendments tabled in committee body: EP
date: 2011-04-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-174&language=EN title: A7-0174/2011 type: Committee report tabled for plenary, single reading body: EP
date: 2011-01-20T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
date: 2011-04-19T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Constitutional Affairs adopted the report drafted by Carlo CASINI (EPP, IT) approving the conclusion of an interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register. The committee regards the agreement as an important first step towards greater transparency and intends to propose in due course that standards be raised so as to ensure the consistent integrity of the public administration of the Union and the strengthening of its institutional rules. Members are of the opinion that the agreement will provide a strong incentive for registration since it will render it impossible for anyone to procure a badge giving access to Parliament without first registering. They repeat, however, their call for the mandatory registration of all lobbyists on the Transparency Register and call for the necessary steps to be taken in the framework of the forthcoming review process in order to prepare for a transition to mandatory registration. Parliament retains its unfettered right to decide who should be permitted to access its premises. Members welcome, in particular, the following aspects contained in the agreement: the change of the name of the register to 'the Transparency Register'; the scope of the register, which covers all the relevant actors except for, inter alia, the social partners as participants in the social dialogue, churches, political parties and local, regional and municipal authorities (including representations forming part of their administrations); the fact that the register introduces transparency for a wide range of actors in contact with the EU institutions, and in particular has separate sections covering representatives of special interests, civil society representatives and representatives of public authorities, thereby drawing a distinction between the differing roles played by lobbyists and those dealing with the EU institutions in an official capacity; the request for relevant financial information; binding measures in the event of failure to comply with the code of conduct annexed to the agreement. Its Bureau is requested to devise a system whereby all lobbyists who fall within the scope of the register and who have obtained a meeting with a relevant Member about a specific legislative dossier are recorded as having done so in the explanatory memorandum to the report or recommendation relating to the relevant draft legislative act. Lastly, regretting that the Council has not yet become a party to the agreement, Members call on the Council to join the common register as soon as possible.
date: 2011-04-26T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-174&language=EN title: A7-0174/2011
date: 2011-05-10T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20110510&type=CRE title: Debate in Parliament
date: 2011-05-11T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=20038&l=en title: Results of vote in Parliament
date: 2011-05-11T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-222 title: T7-0222/2011 summary: The European Parliament approved the conclusion of the interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register. Members regards the agreement as an important first step towards greater transparency and intend to propose in due course that standards be raised so as to ensure the consistent integrity of the public administration of the Union and the strengthening of its institutional rules. Parliament is of the opinion that the agreement will provide a strong incentive for registration since it will render it impossible for anyone to procure a badge giving access to Parliament without first registering. It repeats, however, the call for the mandatory registration of all lobbyists on the Transparency Register and calls for the necessary steps to be taken in the framework of the forthcoming review process in order to prepare for a transition to mandatory registration. Parliament retains its unfettered right to decide who should be permitted to access its premises. Members welcome, in particular, the following aspects contained in the agreement: the change of the name of the register to 'the Transparency Register'; the scope of the register, which covers all the relevant actors except for, inter alia, the social partners as participants in the social dialogue, churches, political parties and local, regional and municipal authorities (including representations forming part of their administrations); the fact that the register introduces transparency for a wide range of actors in contact with the EU institutions, and in particular has separate sections covering representatives of special interests, civil society representatives and representatives of public authorities, thereby drawing a distinction between the differing roles played by lobbyists and those dealing with the EU institutions in an official capacity; the request for relevant financial information; binding measures in the event of failure to comply with the code of conduct annexed to the agreement. The Bureau is requested to devise a system whereby all lobbyists who fall within the scope of the register and who have obtained a meeting with a relevant Member about a specific legislative dossier are recorded as having done so in the explanatory memorandum to the report or recommendation relating to the relevant draft legislative act. Regretting that the Council has not yet become a party to the agreement, Members call on the Council to join the common register as soon as possible. The register shall include the following: a) a set of guidelines on: (i) the scope of the register, eligible activities and exemptions; (ii) sections open to registration (Annex 1); (iii) information required from registrants, including the financial disclosure requirements (Annex 2); b) a code of conduct (Annex 3); c) a complaint mechanism and measures to be applied in the event of non-compliance with the code of conduct, including the procedure for the investigation and treatment of complaints (Annex 4). The scope of the register covers all activities carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions, irrespective of the channel or medium of communication used, for example outsourcing, media, contracts with professional intermediaries, think-tanks, platforms, forums, campaigns and grassroots initiatives. These activities include, inter alia, contacting Members, officials or other staff of the EU institutions, preparing, circulating and communicating letters, information material or discussion papers and position papers, and organising events, meetings or promotional activities and social events or conferences, invitations to which have been sent to Members, officials or other staff of the EU institutions. Voluntary contributions and participation in formal consultations on envisaged EU legislative or other legal acts and other open consultations are also included. The activities excluded from the scope of the register are as follows: activities concerning the provision of legal and other professional advice, in so far as they relate to the exercise of the fundamental right of a client to a fair trial, including the right of defence in administrative proceedings, such as carried out by lawyers or by any other professionals involved; activities of the social partners as participants in the social dialogue (trade unions, employers associations, etc.) when performing the role assigned to them in the Treaties. This applies mutatis mutandis to any entity specifically designated in the Treaties to play an institutional role; activities in response to direct and individual requests from EU institutions or Members of the European Parliament, such as ad hoc or regular requests for factual information, data or expertise and/or individualised invitations to attend public hearings or to participate in the workings of consultative committees or in any similar forums.
date: 2011-05-11T00:00:00 type: End of procedure in Parliament body: EP
date: 2011-07-22T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to reach an interinstitutional agreement on the establishment of a common transparency register for European lobbyists. INTERINSTITUTIONAL AGREEMENT: agreement between the European Parliament and the European Commission on the establishment of a transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation. CONTENT: this text seeks to establish a transparency register common to the three institutions for the registration and monitoring of organisations and self-employed individuals engaged in EU policy-making and policy implementation. Principles of the register: the establishment and operation of the register shall respect the general principles of Union law, including the principles of proportionality and non-discrimination. The establishment and operation of the register shall respect the rights of Members of the European Parliament to exercise their parliamentary mandate without restriction, and shall not impede access for Members' constituents to the European Parliament's premises. The establishment and operation of the register shall not impinge on the competences or prerogatives of the parties hereto or affect their respective organisational powers. The parties hereto shall strive to treat all operators engaged in similar activities in a similar manner, and to allow for a level playing-field for the registration of lobbyists. Structure of the register : guidelines are laid down in regard to i)the scope of the register, eligible activities and exemptions; ii) sections open to registration; iii) information required from registrants, including the financial disclosure requirements. The text also includes a specific code of conduct, as well as a complaint mechanism and measures to be applied in the event of non-compliance with the code of conduct. Scope of the register : the scope of the register covers all activities carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions. Excluded activities : the following activities are excluded from the scope of the register: i) activities concerning the provision of legal and other professional advice; ii) activities of the social partners as participants in the social dialogue (trade unions, employers associations, etc.) when performing the role assigned to them in the Treaties ; iii) activities in response to direct and individual requests from EU institutions or Members of the European Parliament, such as ad hoc or regular requests for factual information, data or expertise and/or individualised invitations to attend public hearings or to participate in the workings of consultative committees or in any similar forums. Churches and religious communities, political parties, and regional, local and municipal authorities are not concerned by the register. However, networks, platforms or other forms of collective activity which have no legal status or legal personality but which constitute de facto a source of organised influence and which are engaged in activities falling within the scope of the register are expected to register. Basic rules applicable to registrants : by registering, organisations and individuals concerned: agree that the information which they provide for inclusion in the register shall be public, agree to act in compliance with the code of conduct and, where relevant, to provide the text of any professional code of conduct by which they are bound, guarantee that the information provided for inclusion in the register is correct, accept that any complaint against them will be handled on the basis of the rules in the code of conduct underpinning the register, agree to be subject to any measures to be applied in the event of infringement of the code of conduct, note that the parties hereto may have to disclose correspondence and other documents concerning the activities of registrants. Code of conduct : non-compliance with the code of conduct by registrants or by their representatives may lead, following an investigation paying due respect to the principle of proportionality and the right of defence, to the application of measures, such as suspension or removal from the register, and, if applicable, withdrawal of the badges affording access to the European Parliament issued to the persons concerned and, if appropriate, their organisations. General provisions : technical implementation measures are provided for. The Secretaries-General of the European Parliament and the European Commission shall be responsible for supervision of the system and for all key operational aspects. The issue and control of badges affording long-term access to the European Parliament's buildings will remain a process operated by that institution. Such badges will only be issued to individuals representing, or working for, organisations falling within the scope of the register where those organisations or individuals have registered. However, registration shall not confer an automatic entitlement to such a badge. The European Council and the Council are invited to join the register. Other EU institutions, bodies and agencies are encouraged to use this system themselves as a reference instrument for their own interaction with the organisations and self-employed individuals concerned. Final provisions : the switchover from the existing registers of the parties hereto to the new common register will take place over a transition period of 12 months from the day of entry into operation of the common register. Once the common register has entered into operation: registrants will be able to switch their existing registration to the common register, any new registration or update of existing data will only be possible through the common register. The common register shall be subject to review no later than 2 years following its entry into operation. docs: title: Interinstitutional agreement 2011/722 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&model=guicheti&numdoc=32011Q0722(01) title: OJ L 191 22.07.2011, p. 0029 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2011:191:TOC
body: EC dg: url: http://ec.europa.eu/dgs/human-resources/ title: Human Resources and Security commissioner: ŠEFČOVIČ Maroš
Rules of Procedure of the European Parliament EP 150
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procedure/final/url
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2011:191:TOC
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8.40.10 Interinstitutional relations, democratic deficit, subsidiarity, comitology
Interinstitutional relations, subsidiarity, proportionality, comitology
Relations with interest representatives
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Amended by
body: EP shadows: group: S&D name: GROOTE Matthias group: Verts/ALE name: HÄFNER Gerald group: ECR name: HANNAN Daniel group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2011-01-26T00:00:00 committee_full: Constitutional Affairs rapporteur: group: PPE name: CASINI Carlo
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European Parliament/European Commission Agreement: transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation
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ACI - Interinstitutional agreement procedure
url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2011:191:TOC title: OJ L 191 22.07.2011, p. 0029
8.40.01 European Parliament 8.40.03 European Commission 8.40.10 Interinstitutional relations, democratic deficit, subsidiarity, comitology 8.40.16 Relations with interest representatives