EU DEFINITION OF INTEREST REPRESENTATION

The EU defines ‘Interest Representation' as “activities carried out with the objective of influencing the policy formulation and decision-making processes of the European institutions”. This definition does not include:

– activities concerning legal and other professional advice, in so far as they relate to the exercise of the fundamental right to a fair trial of a client, including the right of defence in administrative proceedings, such as carried out by lawyers or by any other professionals involved therein;

– activities of the social partners as actors in the social dialogue (trade unions, employers associations). However, when these actors engage in activities falling outside the role conferred on them by the Treaties, they are expected to register in order to guarantee a level playing field between all the interests represented;

– activities in response to the Commission’s direct request, such as ad hoc or regular requests for factual information, data or expertise, invitations to public hearings, or participation in consultative committees or in any similar fora.

The Commission recognises that the mission of most organisations engaged in interest representation is wider than the activities for which registration is expected. They engage in activities such as the production of studies, statistics and other information and documentation as well as the provision of training and capacity building for members or clients which fall outside the scope of this definition, if they are not related to activities of interest representation.

The Commission encourages European networks, federations, associations or platforms to produce, as a dimension of their self-regulation, common, transparent guidelines for their members identifying the activities falling under this definition.

The scope of the EU Transparency register covers all activities (advocacy, lobbying, promotion, public affairs and relations with public authorities) 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.

Directly influencing means influencing by way of a direct contact or communication with the EU institutions or other action following up on such activities. Indirectly influencing means influencing through the use of intermediate vectors such as media, public opinion, conferences or social events, targeting the EU institutions.

In particular, those activities include:

– contacting Members and their assistants, officials or other staff of the EU institutions;

– preparing, circulating and communicating letters, information material or discussion papers and position papers;

– organising events, meetings, promotional activities, conferences or social events, invitations to which have been sent to Members and their assistants, officials or other staff of the EU institutions; and

– voluntary contributions and participation in formal consultations or hearings on envisaged EU legislative or other legal acts and other open consultations.

All organisations and self-employed individuals, irrespective of their legal status, engaged in activities, whether on-going or under preparation, covered by the register are expected to register. Any activity covered by the register and which is developed under contract by an intermediary providing legal and other professional advice, shall entail eligibility for registration both for the intermediary and for its client. Such intermediaries shall declare all clients under such contracts as well as the revenue per client for representation activities. This requirement does not exempt clients from registering and including in their own cost estimates the cost of any activities subcontracted to an intermediary.