Communication from the Commission - European transparency initiative - A framework for relations with interest representatives (Register and Code of Conduct) {SEC(2008) 1926}
Date: 2008-05-27
Institutions: European Commission
Subjects: administrative transparency, consultation of information, interest group, regulations for civil servants, transparency in decision-making

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.5.2008 
COM(2008) 323 final 

COMMUNICATION FROM THE COMMISSION 

European Transparency Initiative 

A framework for relations with interest representatives (Register and Code of Conduct)  

{SEC(2008) 1926} 

EN 

   EN 

 
 
 
  
 
COMMUNICATION FROM THE COMMISSION 

European Transparency Initiative 

A framework for relations with interest representatives (Register and Code of Conduct)  

On  21  March  2007,  the  Commission  adopted  the  Communication  “Follow-up  to  the  Green 
Paper  ‘European  Transparency  Initiative’”1,  which  included  the  decision  to  establish  a 
framework for its relations with interest representatives. It was decided to: 

–  create and launch a new voluntary Register for interest representatives in spring 2008; 

–  draft  a  Code  of  Conduct.  Respect  for  the  Code  will  be  a  requirement  for  entry  in  the 

Register and will be monitored by the Commission; 

–  establish a monitoring and enforcement mechanism for the Code and the Register; 

–  increase  transparency  through  reinforced  application  of  the  Commission’s  consultation 

standards based, in particular, on a standard website for internet consultations.  

This Communication: 

–  provides  further  clarifications  about  these  measures  and  reports  on  the  progress  made 

toward their implementation;  

–  presents the Code of Conduct established following a public consultation. 

********** 

In implementing the Communication “Follow-up to the Green Paper ‘European Transparency 
Initiative’”, the Commission has had numerous contacts with stakeholders and has organised 
an  open,  public  consultation  on  the  draft  Code  of  Conduct.  The  feedback  received  has 
highlighted  a  desire,  broadly  shared  by  all  categories  of  actors,  for  a  number  of  further 
clarifications, regarding in particular the definition of the activities and entities falling under 
the scope of the Register, as well as the monitoring and enforcement mechanism. 

This Communication provides information on those aspects of the framework. 

1. 

THE VOLUNTARY REGISTER OF INTEREST REPRESENTATIVES 

The  Register,  with  its  web  interface  and  database,  will  offer,  in  spring  2008,  user-friendly 
access both to interest representatives for their online registration and subsequent updates and 
to the public at large, for the consultation of its content.  

1 

COM(2007) 127 final. 

EN 

2 

   EN 

 
 
                                                 
It  has  emerged  from  the  feedback  that  more  information  is  needed  on  the  activities  and 
operators included in the definitions of “interest representation” and “interest representative”. 

1.1. 

“Interest representation”: activities for which registration is expected 

“Interest representation” activities for which registration is expected are defined as “activities 
carried  out  with  the  objective  of  influencing  the  policy  formulation  and  decision-making 
processes of the European institutions”2. 

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. 

1.2. 

“Interest representatives”: entities which are expected to register 

Only  entities  engaged  in  interest  representation  activities  as  described  above  and  not 
individual persons are expected to register.  

With the exception of local, regional, national and international public authorities3, any entity, 
irrespective of its legal status, is expected to register if it is engaged in activities meeting the 
definition above.  

2 
3 

COM(2006) 194 final: “Green Paper ‘European Transparency Initiative’” 
The Register will offer them the possibility to enter data if they wish to do so. 

EN 

3 

   EN 

 
                                                 
This applies to social partners (employers organisations and trade unions) engaged in interest 
representation activities falling outside the specific framework of the social dialogue. It also 
applies  to  associations  of  public  authorities  with  a  private  legal  status,  or  any  mixed 
(private/public) structure of which public authorities are part, if they are carrying out activities 
falling under the definition presented above. 

2. 

THE CODE OF CONDUCT 

Subsequent to discussions held with different European networks of stakeholders and after an 
open, public consultation which took place from 10 December 2007 to 15 February 2008, the 
Commission  has  established  the  attached  Code  of  Conduct  (cf. Annex),  drawing  on  the  60-
plus contributions collected during the consultation.  

Registrants  should  agree  to  comply  with  this  Code  or  with  a  professional  code  that  has 
comparable rules. When declaring that they abide by a professional code that has comparable 
rules, registrants should agree to hand this code over to the Commission upon request.  

The consultation has shown wide support for a concise and concrete code as suggested in the 
consultation document. A number of organisations would welcome a higher level of ambition: 
a broader scope for the Code, encompassing such issues as conflicts of interest or revolving 
doors.  However,  these  issues  do  not  fall  within  the  scope  of  the  European  Transparency 
Initiative.  On  the  one  hand,  the  Register  aims  to  enhance  general  transparency  in  relations 
between  the  Commission  and  interest  representatives.  On  the  other  hand,  the  Commission 
considers that issues such as conflicts of interest of Members of the institution and its staff are 
already covered by a number of existing rules which provide appropriate safeguards, such as 
the Treaties, the Staff Regulations, the Code of Conduct for Commissioners and the Code of 
good administrative behaviour. These texts apply to Commissioners and staff not only during 
their time in office, but also once their occupation at the European Commission ends4.  

The  Code  of  Conduct  responds  to  a  large  number  of  the  questions  raised  during  the 
consultation: it refines the definition of the activities and entities concerned. It deals with the 
monitoring and enforcement mechanism more comprehensively.  

3. 

THE MONITORING AND ENFORCEMENT MECHANISM 

The Code of Conduct contains seven clear and verifiable rules which are to be respected by 
the  signatories  of  the  Code.  The  Commission  will  apply  corrective  measures  only  if  it  can 
establish that one or more of these seven specific rules have been violated. This includes, inter 
alia, false or misleading information entered in the Register. 

Anyone will be able to lodge a complaint with the Commission where a breach of the Code is 
suspected.  In  the  event  of  such  a  complaint  and  before  a  formal  process  is  launched,  the 
Commission will request the concerned entity to clarify the issue, and to invite this entity to 
abide by the rules or correct any false or misleading information in the Register. 

4 

See Articles 213 and 287 of the Treaty establishing the European Community, the Code of Conduct for 
Commissioners  (in  particular  “Independence  and  dignity”),  the  Staff  Regulations  (especially  Articles 
11-18)  and  the  Code  of  good  administrative  behaviour  for  staff  (particularly  “Objectivity  and 
impartiality”). 

EN 

4 

   EN 

 
                                                 
The possibility of malicious complaints needs to be anticipated and should be dealt with. As a 
safeguard, the Code specifies that complaints will have to be substantiated by material facts in 
order to be taken into consideration by the Commission. If substantiated, the complaint will 
trigger an administrative process which will pay due respect to proportionality and the rights 
of defence. 

The Commission will apply the following corrective measures: 

–  temporary suspension from the Register for a set period or until correction of the situation 
by the registered entity. During the suspension period all benefits of registration will also 
be suspended; 

–  exclusion  from  the  Register  in  case  of  severe  and  persistent  failure  to  comply  with  the 

Code. 

The  outcome  of  the  administrative  process  will  be  notified  to  the  concerned  entity.  The 
complainant will be informed. 

4. 

CONSULTATION PROCESSES AND STANDARD TEMPLATE 

The Commission will progressively apply a model template for the presentation of its public 
consultations launched via the consultation pages of the competent DGs, and announced via 
the single access point for all public consultations, Your Voice in Europe (YVIE). This will 
ensure  a  systematic  link  between  the  consultations  and  the  Register  so  that  unregistered 
entities  will  be  informed  about  registration  and  offered  the  possibility  to  register  when  they 
make their submission to the consultation. 

5. 

INTER-INSTITUTIONAL APPROACH 

The  invitation  to  register  and  to  accept  the  Code  of  Conduct  will  apply  for  interest 
representatives in their dealings with the European Commission only. Many contributions to 
the  consultation  call  for  an  inter-institutional  one-stop-shop  register  and  code.  The 
Commission  has  invited  the  European  Parliament,  the  Committee  of  the  Regions  and  the 
Economic and Social Committee to examine the possibility of closer cooperation in this area. 
The  Commission  welcomes  the  positive  reaction  of  the  European  Parliament  to  this 
suggestion  and  is  open  to  discuss  the  development  of  a  shared  one  stop-shop  registration 
system with the Parliament and the Council of the European Union. 

********** 

Commission  staff  is  encouraged  to  use  the  Register  as  a  reference  for  contacts  and,  in  the 
interest  of  transparency,  to  always  invite,  in  the  framework  of  their  work  contacts,  non-
registered entities to register.  

The  Commission  considers  registration  as  an  important  contribution  to  transparency  and 
therefore invites all organisations engaged in interest representation activities to register.  

EN 

5 

   EN 

 
ANNEX 

CODE OF CONDUCT FOR INTEREST REPRESENTATIVES 

Interest representation is a legitimate part of a democratic system. The European Commission, 
in  its  effort  to  enhance  public  confidence,  has  established  a  voluntary  Register  and  adopted 
this Code of Conduct to bring more transparency to interest representation, its actors and their 
activities. 

The  present  Code  contains  seven  basic  rules,  specifying  how  interest  representatives  should 
behave when  representing their interests. Registrants agree to abide by this Code or declare 
that they already abide by a professional code that has comparable rules. 

“Interest representation” activities for which registration is expected are defined 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, etc.). However, when such 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 not related to activities of interest representation. 

PRINCIPLES 

Interest  representatives  are  expected  to  apply  the  principles  of  openness,  transparency, 
honesty and integrity, as legitimately expected of them by citizens and other stakeholders. 

Similarly,  Members  of  the  Commission  and  staff  are  bound  by  strict  rules  ensuring  their 
impartiality.  The  relevant  provisions  are  public  and  contained  in  the  Treaty  establishing  the 

EN 

6 

   EN 

 
European Community, the Staff Regulations, the Code of Conduct for Commissioners and the 
Code of good administrative behaviour. 

RULES 

Interest representatives shall always: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

identify themselves by name and by the entity(ies) they work for or represent;  

not  misrepresent  themselves  as  to  the  effect  of  registration  to  mislead  third  parties 
and/or EU staff; 

declare  the  interests,  and  where  applicable  the  clients  or  the  members,  which  they 
represent; 

ensure  that,  to  the  best  of  their  knowledge,  information  which  they  provide  is 
unbiased, complete, up-to-date and not misleading; 

not obtain or try to obtain information, or any decision, dishonestly; 

not induce EU staff to contravene rules and standards of behaviour applicable to them; 

if  employing  former  EU  staff,  respect  their  obligation  to  abide  by  the  rules  and 
confidentiality requirements which apply to them. 

OTHER PROVISIONS 

–  Breaches  of  the  Code.  Registered  entities  are  informed  and  agree  that  breaches  of  the 
above rules by their representatives may lead to suspension or exclusion from the Register 
following a Commission administrative process paying due respect to proportionality and 
the right of defence. 

–  Complaints.  Registered  entities  are  informed  that  anyone  can  lodge  a  complaint  with  the 
Commission, substantiated by material facts, about a suspected breach of the above rules. 

–  Publication  of  contributions  and  other  documents.  Registered  entities  are  informed  that 
their  contributions  to  public consultations  will  be  published  on  the  internet  together  with 
the identity of the contributor, unless the contributor objects to publication of the personal 
data  on  grounds  that  such  publication  would  harm  his  or  her  legitimate  interests.  The 
Commission  may,  upon  request  and  subject  to  the  provisions  of  Regulation (EC) 
No 1049/2001  on  access  to  documents,  have  to  disclose  correspondence  and  other 
documents concerning the interest representatives’ activities. 

EN 

7 

   EN