HOW BUSINESS INTERESTS CAN OPTIMIZE THEIR LOBBYING AT EU LEVEL ?

1. Lobbyists should be better trained in economic intelligence tools

The ability to manage information is becoming essential, both from the point of view of storing it efficiently and capitalising on it, and in terms of disseminating it to relevant targets. Lobbyists need to be able to cross-reference information with other data from inside and outside the business and make the switch from “static information” to “dynamic, competitive information”. This is a major challenge for lobbyists, even more than it was in the past.

That said, it is still essential to have a presence in Brussels to establish contacts, run a network, promote the brand image of the business or federation whose interests are defended by the lobbyist, obtain information more quickly and even access information that it would not be possible to acquire in other ways (e.g. compromise amendments). Real lobbyists will not be content with public information alone. The fact of being part of the Brussels “milieu” also helps to gain a better understnding of the ins and outs of a particular subject.

2. Lobbying should not be limited to responding to European Commission consultations and lobbyists should identify clearly which consultations will have a real impact on their particular area of activity.

Responding to a consultation is only the first step in the legislative lobbying process. It needs to be followed up with tangible actions in relation to key institutional players. Furthermore, because consultations are time consuming, it is important to respond only to those which are really likely to be decisive. It is common for European federations and confederations to consult each other during European consultations and to exchange views on the questions raised by the Commission. As a result, European lobbyists begin to emulate each other as part of the consultation process. Organisations communicate transparently with trusted counterparts, and undertake brainstorming sessions, webcasts and conference calls. Impact assessment (carried out by an “independent” committee of the European Commission) are used to assess the various possible legislative solutions and the costs for businesses and Member States. The European Commission is trying to make this process more transparent, whilst at the same time making it easier for stakeholders to participate. The European Parliament has advocated involving experts from outside the Commission as equal partners in the work of the impact analyses committee. In practice, businesses and federations make contact with the officials in charge of producing the impact studies in order to provide them with figures.

3. As the European Commission is now increasingly evaluating both its new legislative initiatives and existing legislation, businesses and federations need to support their lobbying with more quantitative data. Participating in impact studies or counter-studies on specific subjects may be appropriate on an ad hoc basis.

Participating in impact studies takes time and requires the capacity to gather quantitative data; it should therefore be done primarily by businesses with a particular interest in the field, large companies or trade federations. Counter-studies that attract widespread media coverage can have an impact, even if legislative decisions have already been taken in political terms. In addition, participating in an impact study assumes a degree of leadership for the lobbyist in relation to their internal organisation and the ability to mobilise the right people to produce the required figures. In order to improve transparency, the Commission has also improved its register of expert groups . The register lists 855 expert groups, all areas combined, working with the European Commission. To some extent, the expert groups mitigate the shortage of resources at the European Commission. Even though they are ad hoc groups, it is not uncommon for them to remain active for five or six years.  Given the fact that the plans to reform the status of European officials predict a reduction in the number of staff recruited in the years to come, expert groups are set to continue to make up for the shortage of resources at the European Commission

4. Individual lobbying in order to participate in an expert group within the European Commission is a necessary part of the process.

The expert groups remain an important place for lobbying. That said, experts are often chosen on the basis of their personal qualities and reputation. It is therefore important that as well as lobbying by the organisation they represent, there is direct lobbying of the person concerned.

5. Lobbying in Brussels needs to be backed up by simultaneous intelligence and, if necessary, lobbying of Member States.

It is important to broaden intelligence-gathering to a few key European countries to ensure that there is no risk of a new initiative being taken up by other countries or adopted more widely at a European level. Specific lobbying of Member States may also be necessary, particularly in relation to trade policy, where national interests tend to diverge in spite of a European common policy.

6. Lobbying in Brussels can no longer ignore the role of think tanks in influencing ideas.

As well as being forums for developing ideas, the think tanks are also highly influential. Intelligence gathering or a more active presence can be beneficial to the lobbying process.

7. National businesses need to develop a common think tank in Brussels in order to promote a national business vision.

8. With the increasing number of amendments to draft reports, lobbyists need to specify in as much detail as possible not only what they want to see added to the text of the legislation, but also which key points are currently satisfactory and should not be changed.

So many amendments are filed by Members of the Parliament that the final text is often far removed from the Commission’s initial draft. Lobbyists also need to argue increasingly hard and provide evidence for their own requests for amendments, and set out their approach to the legislation, by trying to anticipate any amendments contrary to the interests they are defending. The structure of the European Parliament is such that political groups are far from homogeneous. This in turn requires businesses to be vigilant in terms of monitoring the different kinds of influence in play. Political manoeuvring has its own role to play in the European Parliament; lobbying a rapporteur will be a more technical exercise than a shadow rapporteur acting on behalf of their political group.

9. Businesses need to be aware of the fact that national interests sometimes supplant the interests of political groups in the European Parliament.

Whilst the European Parliament has been granted new powers, it is important to bear in mind that negotiations with the Council have become increasingly difficult because of national “withdrawals” from particular areas. Informal trilogues (Commission, Parliament and the Council) have assumed particular importance and become forums for negotiation. In practice, these are informal meetings which involves a limited number of individuals from the Commission, Parliament and Council

10. Informal trilogues can be important targets for lobbying by businesses.

11. Trade policy subjects, which attract significant attention from the EU’s trade partners, should prompt more intense lobbying on behalf of European interests.

12. European businesses need to be aware of the economic haggling imposed by certain EU trade partners, which can upset the Union’s legislative plans and its market’s attempts at survival. Alliances and “supplier-producer” relationships based on mutual trust have never been more important.

Recommendations for Effective Lobbying

1. Understand the arcane procedures of the European Union in detail.
2. Be well versed in the law
3. Speak English fluently
4. Raise your profile
5. Establish a strong position and define strategy over the long term
6. Exemplify ethical practice by being transparent about the interests you are defending and remaining objective
7. Do not only target officials, but do work at the source with the officials in charge of the matter at hand.
8. Within the European Parliament, approach the Study Committee, the Deputy Rapporteur, the Consultative Committee and the shadow rapporteurs appointed by the political groups
9. Work with Parliamentary assistants
10. Raise awareness with a particular member of the Parliament by informing them of the consequences of a specific project for local businesses
11. Do not neglect the media
12. Build alliances within the sector at European level
13. Take care with communications
14. Broaden the scope of your activities outside the social establishment
15. Be flexible in your approach as circumstances change.