COUNCIL OF THE EUROPEAN UNION : INTERACTION WITH INTEREST REPRESENTATIVES

Draft Council Decision on the regulation of interactions between officials of the General Secretariat of the Council and interest representatives. (1 December 2017)

Article 1 Principle of conditionality

In the cases provided for in this Decision and in line with the Interinstitutional Agreement establishing the Transparency Register, the interactions between the General Secretariat of the Council and interest representatives shall be conditional upon respect by interest representatives of the obligations laid down in the code of conduct annexed to this Decision.

Article 2 Transparency Register

1. The principle of conditionality shall be implemented by means of registration of interest representatives in a Transparency Register common to the European Parliament, the Council and the Commission.
2. The Interinstitutional Agreement establishing the Transparency Register defines the scope of the activities and the entities subject to registration as well as the conditions for the eligibility and registration of interest representatives in the Transparency Register.
3. The Council shall be represented in the Management Board of the Transparency Register by its Secretary-General. The Management Board shall decide by consensus and be assisted by a joint Secretariat under the conditions laid down in the Interinstitutional Agreement.
4. The joint organs of the Transparency Register shall be empowered to adopt on behalf of the Council individual decisions on applications for registration, carry out investigations on possible breaches of the Code of Conduct by interest representatives and adopt decisions on the measures to be applied to a registrant where a breach is established.
5. The delegation of the power referred to in paragraph 4 shall be without prejudice to the possibility for the General Secretariat of the Council to unilaterally carry out investigations in cases of misconduct by interest representatives and to adopt individual decisions in accordance with its internal procedures. The General Secretariat shall inform the other participating parties to the Transparency Register of any unilateral decision taken.

Article 3 Meetings with officials of the General Secretariat of the Council

1. Meetings organized between interest representatives and the Secretary-General and Directors General of the General Secretariat of the Council shall be conditional upon prior registration of interest representatives in the Transparency Register.
2. When interacting with interest representatives, officials of the General Secretariat of the Council shall abide by the rules and standards of conduct set out in the Staff Regulations, and the other pertinent internal rules of the General Secretariat of the Council. The Secretary-General shall adopt any additional instructions to officials and agents, that may be necessary to implement those rules and standards in the case of interaction with interest representatives, in line with the principles set out in this Decision.
3. The Secretary-General shall take measures to raise awareness among staff and agents on the rules applicable to interactions with interest representatives.

Article 4 Thematic briefings

1. The General Secretariat of the Council shall organize thematic briefings for interest representatives on discussions in the Council, whenever appropriate. The Presidency of the Council shall be consulted as appropriate.
2. Participation in thematic briefings shall be conditional upon prior registration of interest representatives in the Transparency Register.

Article 5 Public Events

Participation of interest representatives in their professional capacity, as speakers in public events organized by the General Secretariat of the Council shall be conditional upon registration of interest representatives in the Transparency Register.

Article 6 Access to Council premises

1. In order to undertake the interactions referred to in Articles 3, 4 and 5, the General Secretariat of the Council shall grant interest representatives nominative badges giving temporary access to Council premises, subject to prior registration in the Transparency Register and respect for Council security rules. Interest representatives shall not attend meetings of the Council  and its preparatory bodies, unless their presence is authorized in conformity with the Council Rules of Procedure.
2. The General Secretariat of the Council shall define the security and identity requirements for the issuance of badges to interest representatives.

Article 7 Access to documents

Access to Council documents by interest representatives shall be regulated by Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.

Article 8 Implementation

The General Secretariat of the Council shall take the measures that are necessary to implement this Decision

Article 9 Effect and applicability

1. This Decision shall come into force on […]
2. It shall apply from […]

Annex: Code of Conduct