THE EP/EC TRANSPARENCY REGISTER NEEDS TO TACKLE DEFINITIONS

Based on the current EU concept, anyone aiming to influence policy [directly or indirectly influencing the formulation and implementation of policy and the decision-making processes of the EU institutions] is considered a lobbyist, although the register does not use this very term. The ambiguity of the EU Transparency Register results from a lack of definitions e.g. Who is Lobbyist, Who is a Lobbying Firm, What are Lobbying Activities, What is a Lobbying Contact.

No mandatory register and/or comprehensive regulation of lobbying activity can be adopted without first providing a definition of what it is to lobby, who would be suject to regulation, all those who try to exert an influence, or just those who are paid to lobby or advise on how to influence. Lobbying can be broadly defined as seeking to influence decisions made by public office holders; such decisions can include the scope or content of legislation, the letting of a contract, or the broad direction of public policy. Lobbying can therefore involve a wide variety of activities and motivations. Many organisations lobby on their own behalves, others employ multi-client lobbying firms to seek influence on their behalf. Such firms may also offer other services under the banner of 'public relations' or 'public affairs' such as media monitoring or media strategies. Bodies which lobby or employ lobbyists can include companies, NGOs, public bodies, trade associations and professional membership organisations as well as individuals who may 'lobby' their ME or MEP.

As an illustration the Conservatives in the European Parliament have adopted the following definition of a Lobbyist:

A 'Lobbyist' (based on the U.S. Congress definition) is any individual wh represents an organisation which seeks to influence currently or in the future 1. the formulation, modification or adoption of European Union legislation; 2. the formulation, modification or adoption of any programme, policy, or position of the European Commission or European Parliament; 3. the administration or execution of a European Union programme or policy (including the negotiation, award, or administration of a contract, grant, loan, permit, or licence); or 4. the nomination or confirmation of a person for a position subject to confirmation or approval- either individually or with others- by the European Parliament.

Such 'orgnisations'  (based on the categories listed in the EU Register shall include inter alia:

• professional consultancies/law firms such as public affairs consultancies, independent public affairs consultants, or similar bodies;
• companies, professional associations, trade associations, trade unions or other similar organisation;
• NGOs/think-tank organisations or associations, including pressure groups, charitable/non-profit making bodies or coalitions, or other similar organisations;
• academic or religious bodies or associations, or other similar organisations.

This list is not limited to the organisations registered in the EU Register. It is not relevant whether a lobbyist works directly or indirectly for the organisation represented, or provides the service for payment or not.

A lobbying Contact is defined as any formal, pre-arranged meeting between a lobbyist and a Conservative Member of the European Parliament with regard to any of the activities listed above. The term 'Lobbying Contact' (again based on the US Congress Model) does not include communication that is 1. with a public official acting in the public official's official capacity; 2. with a representative of a media organisation if the purpose of the communication is gathering and disseminating news and information to the public; 3. made in a speech that is distributed and made available to the public, or through radio, television, cable television or other medium of mass communications; 4. with an individual acting on behalf of a government of a foreign country or a foreign political party; 5.a request for a meeting, a request for the status of an action, or any other similar administrative request, if the request does not include an attempt to influence a Member; 6. comments before a committee, subcommittee, or other recognised meeting of the European Parliament, or submitted for inclusion in the public record of a hearing conducted by such committee, subcommittee, or meting; 7. not possible to report without disclosing information, the unauthorised disclosure of which is prohibited by law; 8. made on behalf of an individual, with regard to that individual's benefits, employment, or other personal matters involving only that individual; 9. occured during the scope of religious activity undertaken by the member for reasons of personal belief such as attending a church service or engaging in pastoral conversations; 10. potentially harmful to the public interest or to an individual- such as whistle-blowing.

The EU Transparency Register

The joint EP-Commission Transparency Register considers that all organisations (irrespective of their legal status) are eligible to sign up the register whether based in Brussels or abroad e.g.

1. Public Affairs Consultancies
2. PR Firms
3. Communication Agencies
4. Companies
5. NGOs
6. Law Firms (activities concerning the provision of legal (…) advice where (it consists in) the provision of tactical or strategic advice, including the raising of issues the scope of which and the timing of communication of which are intended to influence the EU institutions)
7. Representative offices or legal entities, offices and networks created to represent churches and religious communities as well as their associations in their dealings with the EU institutions
8. Organisations created or supported by political parties which are engaged in activities falling within the scope of the Register
9. Association or network created to represent regions collectively and all other sub-national public authorities such as local and municipal authorities or cities, or their representation offices, associations or networks. Regional public authorities and their representative offices can register if they wish to do so.
10. 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
11. Self-employed individuals

The scope of the register is very broad and 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 where they are undertaken and of the channel or medium of communication used, for example via outsourcing, media, contracts with professional intermediaries, think tanks, platforms, forums, campaigns and grassroots initiatives.”

The covered 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
• Organising events, meetings or promotional activities and social events or conferences invitations to which have been sent to Members, officials and other staff of the EU institutions
• Voluntary contributions and participation in formal consultations or envisaged EU legislative or other legal acts and other consultations