• Bond guide to Influencing the European Union Tables of contents Introduction List of acronyms 3 SECTION 1 EU at a glance 3 The EU’s role in the developing world 4 ACP Africa, Caribbean and Pacific States AU African Union BERR UK Department for Business Enterprise and Regulatory Reform (UK) CFSP Common Foreign and Security Policy CODEV Council Working Group on Development COREPER Committee of Permanent Representatives SECTION 2 The Council of the European Union 6 The European Parliament 9 The European Commission 12 Influencing the Co-decision Legislative Procedure 15 CSPs Country Strategy Papers DCI Development Cooperation Instrument DEFRA Department for Environment and Rural Affairs (UK) DFID Department for International Development (UK) DG Directorate General DG DEV Directorate General for Development DG RELEX Directorate General for External Relations Useful contacts 18 EC European Community ECHO European Commission Humanitarian Aid Department EP European Parliament EU European Union FCO Foreign and Commonwealth Office (UK) MEP Member of the European Parliament PQs Parliamentary Questions TEU Treaty on European Union (Maastricht Treaty) UKREP UK Permanent Representation to the European Union This guide was prepared by Costanza De Toma for Bond. Bond is the UK membership body for non-governmental organisations (NGOs) working in international development and has over 330 members. Bond promotes, supports, represents and, on occasion, leads the work and interests of the UK international development sector. It does this through the exchange of experience, ideas and information and by supporting members to strengthen the quality and effectiveness of the sector. This guide was written in 2009 and reflects the institutional landscape of the European Union in 2009. At the time of writing, it had still not been decided whether the Lisbon treaty would be adopted. Published in October 2009. Copyright Bond Regent’s Wharf, 8 All Saints Street, London, N1 9RL Front cover images (left to right): EU umbrella © Panos, EU Commission © Georgia Newsam/Bond, Protestors in Cairo © Ben Hubbard/IRIN. Introduction The EU at a glance This guide will provide the reader with a comprehensive understanding of how to influence the European Union’s (EU) international development policies. It contains an overview of the three main EU institutions and tips regarding how they can be influenced. It contains practical case studies which provide the reader with concrete examples of civil society actions which have achieved change at EU level. There is also a resource section with useful contact in the UK and in the EU. With 27 member states, and a population of nearly half a billion, the European Union is the largest development aid donor and provider of humanitarian assistance globally. It is also the largest single market and the main trading partner for most developing countries. The guide is primarily aimed at development professionals in the UK, but will also be a useful reference document for other parts of civil society in the UK and in other EU countries who aim to influence EU policies. Figure 1 member states of the European Union Bond guide to Influencing the European Union 3 The EU at a glance The EU’s role in the developing world What is the difference between the EU and the EC? Why is EU aid significant? The terms EC (European Community) and EU (European Union) are not synonymous. The European Union was established by the Treaty on European Union (TEU), also known as the Maastricht Treaty, in 1992. The TEU created a new structure with three distinct domains, or ‘pillars’. The first pillar is what is commonly referred to as the ‘Community Pillar’; the second pillar comprises the Common Foreign and Security Policy (CFSP); the third pillar covers co-operation in the fields of justice and home affairs. The ‘Community Pillar’ is at the heart of the EU and represents the supra-national level. This means that decision-making competencies of the member states are taken over jointly by the Council of Ministers and the European Parliament and result in EU legislation (by qualified majority voting). The other two pillars are inter-governmental. This means that any Council decision has to be unanimous. It can therefore be blocked by the veto of any one country. The EU – including the EC and the member states – provides almost 60% of the world’s Official Development Assistance, totalling €47 billion in 2009. The European Commission alone is the world’s fourth largest donor spending US$11.7 billion in 2007. A total of €22.6 billion of EU development aid is projected be spent between now and 2013 on African, Caribbean and Pacific (ACP) countries through the European Development Fund (EDF), which is a fund set up already in 1957 to provide aid to countries and regions that have been former colonies or have very close links to EU member states. In 2005, the EU pledged to increase its aid from 0.39% of Gross National Income (GNI) in 2006 to an interim collective target of 0.56% of GNI by 2010, in order to achieve the 0.7% target, set by the UN, by 2015. Besides quantitative targets, the EU has also committed to improving aid quality and effectiveness. Figure 2 Pillars of the European Union What thematic issues come under the ‘three pillars’? THE EUROPEAN UNION PILLAR 1 SUPRA-NATIONAL PILLAR 2 INTER-GOVERNMENTAL PILLAR 3 INTER-GOVERNMENTAL European Community (EC, EURATOM, ECSC) Common Foreign and Security Policy (CFSP) Police and Judicial Cooperation in Criminal Matters (JPCC) • Economic and monetary affairs Foreign Policy • Co-operation in penal matters • Agriculture • Political co-operation • Police co-operation • Visa requirements • Election monitoring • Fight against drug trafficking and weapons • Asylum and immigration • European Rapid Reaction Force smuggling • Transport • Conflict prevention and peace keeping • Fight against organised crime • Taxation • Human rights • Fight against terrorism • Employment • Democracy • Fight against trafficking of human beings • Trade • Foreign aid and abuse of children • Social welfare • Fight against racism and xenophobia • Education and youth welfare Security Policy • Culture • European Security and Defence • Consumer protection and health Policy (ESDP) • Industry • European battle groups • Economic and social cohesion • Demobilisation and disarmament • Research and technology • European security strategy • Environment • Development & Humanitarian Aid 4 Bond guide to Influencing the European Union What are the guiding aims of the EU development co-operation? Articles 177 to 181 of the TEU provide the binding legal basis for EC development co-operation. These articles cover four fundamental principles guiding EC development efforts: 1. Poverty reduction 2. Co-ordination and complementarity between the European Community and the member states 3. Co-operation between the European Community and member states with regard to commitments in the context of United Nations 4. Coherence between the EC’s development objectives and its external policies which are likely to affect developing countries What is the European Consensus for Development? Signed in 2005, the European Consensus for Development set out, for the first time in 50 years of development cooperation, a common framework of objectives, values and principles that the Union – all member states and the Commission – supports and promotes. What is the Cotonou Agreement? Signed in June 2000, The Cotonou Agreement is a treaty between the EU and the group of 79 African, Caribbean and Pacific (ACP) countries guiding relations between the two blocs until 2020. The Cotonou Agreement is a comprehensive partnership covering development, trade and political domains. Its main aims are to: • Reduce poverty • Enhance the political dimension and promote political dialogue • Include non-state actors in aid policy • Reinforce economic and trade partnerships • Improve financial co-operation Aid to the ACP countries represents the single largest EC aid programme. It is funded through the European Development Fund. Grants towards development programmes are defined on a country by country basis in national Country Strategy Papers (CSPs), which are instruments for guiding, managing and reviewing EC assistance programmes at national level. Principles of the Cotonou Agreement The European Consensus on Development covers all developing countries and its overarching objective is poverty eradication. Priority is given to least developed countries and other low-income countries, with a special focus on Africa. The framework also covers EU commitments on more effective delivery of aid, better coherence among EU policies and clearly lays out areas of EC comparative advantage over the member states. The Consensus is meant to, for the first time, guide both member states’ bilateral efforts and EU activity in the field of development aid. Since the Consensus is both a European Community and a member state responsibility, both can be held to account for the commitments included in it. 1. Equality of partners and ownership of development strategies: in principle it is up to ACP countries to determine how they should develop 2. Participation: in addition to the central government, partnership is open to other non-state actors including civil society organisations 3. Dialogue and mutual obligations: the signatories assume mutual obligations (e.g. respect of human rights) which are monitored through continuous dialogue and evaluation 4. Differentiation and regionalisation: cooperation agreements vary according to each partner’s level of development, needs, performance and longterm development strategy Bond guide to Influencing the European Union 5 The EU’s role in the developing world The EU’s institutions and how to influence them What is the role of the EU in Africa? The Council of the European Union EU relations with African states are guided by the Africa-EU Strategic Partnership. Agreed at the EU-Africa Summit in December 2007, the partnership defines the long-term policy orientations between Africa and Europe, based on a shared vision and common principles. Central to the partnership is the aim to foster political dialogue between the EU and the African Union (AU) in order to strengthen relations between the two continents. The partnership also centres on a joint effort to realise the Millennium Development Goals in Africa by 2015. The strategy comprises eight partnership areas: What is the role of the Council of the European Union? • Peace and security The Council is the main legislative and decision-making institution in the EU. It represents the interests of the 27 member states in the EU. Figure 3 Council functions The Council is the main legislative and decision-making institution in the EU. It represents the interests of the 27 member states in the EU. • Democratic governance and human rights Co-ordinates member state economic policies • Trade, regional integration and infrastructure • Millennium Development Goals • Energy • Climate change • Migration, mobility and employment Legislative body • Science, information society and space Co-ordinates police and judicial co-operation Council functions Shared budgetary authority Co-ordinates police and judicial co-operation Foreign policy control 6 Bond guide to Influencing the European Union 1. Legislative body: the Council decides on proposals by the European Commission. This function is shared with the European Parliament through the Co-decision legislative procedure. 2. Co-ordinates broad economic policies of member states The heads of EU States and governments and the President of the European Commission meet at least once per presidency to set political priorities, establish broad guidelines and set the agenda. These are known as European Council meetings, but they are also sometimes referred to as “Summit” meetings. 3. Concludes international agreements Council ‘Configurations’ 4. Budgetary authority: this is shared with the European Parliament • Economic and Financial Affairs (ECOFIN) 5. Common Foreign and Security Policy (Pillar 2): the Council takes all decisions necessary for framing and implementing the EU’s Common Foreign and Security Policy. • Justice and Home Affairs (JHA); 6. Police and judicial co-operation in judicial matters (Pillar 3): co-ordinates the activities of member states and adopts measures in the field of police and co-operation on judicial matters. • Environment • Employment, Social Policy, Health and Consumer Affairs (EPSCO) • Transport, telecommunications and energy • Agriculture and Fisheries How is the Council organised? • Competitiveness The Council is composed of ministers of the governments of each member state of the EU. The presidency of the Council is held by each member state for six months on a rotating basis. This means that for any year the presidency will be held by one member state from 1 January to 30 June and by another State during the second half of the year, ending on 31 December. The presidency organises and manages the Council’s business. It is seen as a mechanism through which the member states can advance specific issues. Council meetings are attended by ministers from the 27 member states. Which Ministers attend a meeting depends on which topic is on the agenda. If foreign policy is to be discussed, it will be the Foreign Affairs Minister from each country that will travel to Brussels to attend. If agriculture is on the agenda then it will be the Minister for Agriculture, and so on. There are nine different Council “configurations” covering all the different EU policy areas (see opposite). The preparatory work for Council meetings is done by the Committee of Permanent Representatives (COREPER). Permanent Representatives are like member states’ “Ambassadors” to the EU. They reside in Brussels and they head the member states’ Permanent Representations (like “Embassies”) to the EU. Staffed by civil servants from the member states, Permanent Representations are meant to represent and convey national interests in Council discussions. COREPER meetings are in turn prepared by several thematic Council Working Groups. These are composed of staff members from all the Permanent Representations and meet weekly in Brussels. • Education, youth and culture • General Affairs and External Relations (GAERC) Figure 4 Composition of the Council Heads of State Ministers Coreper Working groups Bond guide to Influencing the European Union 7 The EU’s institutions and how to influence them Who works on development at the Council? The most relevant Council to international development issues is the General Affairs and External Relations Council (GAERC). This is attended monthly by Foreign Affairs Ministers from the member states. The GAERC is responsible for (a) common Foreign and Security Policy, (b) European Security and Defence Policy, (c) Trade, (d) development co-operation and (e) Humanitarian Policy. Development ministers meet every six months for an “informal Development Council” held in Brussels. Like with all Council meetings, COREPER is responsible for preparing GAERC and informal Development Council meetings. The most relevant Council Working Groups that feed into COREPER ahead of GAERC meetings are the Development Co-operation Working Group (CODEV) and the ACP Working Group. How can the Council be influenced? Given that the Council represents the interests of member states at the EU, in order to influence decision-making processes at the Council it is best to begin at the national level. It may be useful to know that Permanent Representatives sitting on COREPER and Working Group officials agree their positions with their own national governments. So, even if your organisation doesn’t have an office in Brussels or you don’t have the capacity to engage in front-line advocacy in Brussels, you can still put your views and recommendations across to decision-makers in your own government. In the UK, the Department for International Development (DFID) has overall responsibility for development related issues dealt with at the EU level. This responsibility is shared primarily with the Foreign and Commonwealth Office (FCO) as well as with other government departments including the Department for the Environment and Rural Affairs (DEFRA), the Department for Business Enterprise and Regulatory Reform (BERR), and the Treasury. DFID should be the first point of contact for anyone wanting to influence the Council on development. Within DFID, the Europe Department has overall responsibility for relations with the EU. The Europe Department holds quarterly meetings with the Bond EU Policy Group. This is open to any Bond member who wishes to influence the EU. Depending on what specific development related issue you wish to influence the EU on, you may also consider engaging in dialogue directly with other DFID thematic teams as well as other governmental departments. Bond and DFID’s Europe Department also broker occasional cross-government meetings to discuss topical issues on the Council’s agenda. If you do have capacity to travel to Brussels, or you have offices there, it is well worth meeting with the UK Permanent Representative and getting to know the officials at the UK Permanent Representation (UKREP) who are responsible for international development and sit on the relevant Working Groups at the Council. Keeping informed • The press room of the Council: http://ue.eu.int/showPage.aspx?lang=EN&id=1 • The Presidency website: Each presidency will have its own dedicated website where you can find all the information on upcoming meetings including the General Affairs and External Relations Council, and the Informal Development Council. • CONCORD: the pan-European confederation of development NGOs, keeps track of upcoming Presidencies’ priorities – go to www.concordeurope.org • A list of Member States’ Permanent Representations in Brussels: http://europa.eu/ whoiswho/public/index.cfm?fuseaction=idea. hierarchy&nodeid=3780& lang=en • Staff at the UK Permanent Representation: http://europa.eu/whoiswho/public/index.cfm? fuseaction=idea.hierarchy&nodeID=4500&lang=en 8 Bond guide to Influencing the European Union The European Parliament How is the European Parliament organised? What is the role of the European Parliament? The European Parliament (EP) is composed of 736 Members elected in the 27 EU member states. The Parliament meets in plenary every month in Strasbourg (France). Each plenary session is four days long. ‘Mini sessions’ (only two days long) are also held in Brussels six times a year. As the only directly elected body of the EU, the European Parliament (EP) represents the citizens of Europe. The European Parliament has been elected through direct universal suffrage since 1979. European elections are held every five years. Figure 5 Powers of the European Parliament European Parliament Powers Budgetary power Supervisory power Legislative power The European Parliament has three main powers: 1 Legislative power: legislating on an equal footing with the Council in a large number of areas through the codecision legislative procedure (Pillar 1) – including Development. 2 Budgetary power: the European Parliament holds the ‘purse strings’. It has the final say in the adoption of the Union’s annual budget, which has become an increasingly significant tool to assert the Parliament’s political priorities. 3 Supervisory powers: the European Parliament has democratic oversight through the formation of committees of inquiry or the submission of oral and written questions. It also has the power to approve the President of the European Commission, as well as to appoint or dismiss the entire college of 27 Commissioners. Although Members of the European Parliament (MEPs) are elected on a national basis, they are organised – and sit in – political rather than national groups based on party affiliation. There are seven political groups at the European Parliament (see opposite). MEPs spend two weeks each month in Committee meetings (in Brussels). One week is devoted to meetings of the political groups (in Brussels). Four weeks each year can be used by MEPs for work in their own constituencies. The president of the Parliament is elected for a 2.5 year term. In order to prepare the work of the Parliament’s plenary sessions, parliamentary committees are organised according to specific areas of engagement of the EU. There are 20 in all but the European Parliament can also set up sub-committees (, e.g. human rights as part of Foreign Affairs Committee) and temporary committees (e.g., climate change). Each Committee is chaired by a chairperson, four vicechairpersons and its work is supported by its own secretariat, which is composed of European Parliament civil servants. Each political group represented on a Committee has a co-ordinator. Each co-ordinator plays a leading role among MEPs from their own political group co-ordinating MEPs’ voting at both committee and plenary levels. Committees meet once or twice a month in Brussels. Their debates are held in public. Committees draw up, amend and adopt legislative proposals and own-initiative reports. Political Groups at the European Parliament • Group of the European People’s Party (Christian Democrats) and European Democrats • Group of the Progressive Alliance of Socialists and Democrats • Group of the Alliance of Liberals and Democrats for Europe • Group of the Greens / European Free Alliance • Confederal Group of the European United Left – Nordic Green Left • European Conservatives and Reformists • Europe of Freedom and Democracy Bond guide to Influencing the European Union 9 The EU’s institutions and how to influence them Who works on development at the European Parliament? How can I raise awareness of my issue at the European Parliament? The Committee on Development at the European Parliament is responsible for (a) handling communications and proposals from the European Commission, (b) drafting own-initiative reports on development issues, (c) supervising the EC Aid budget and the Cotonou Agreement, and (d) MEPs on the Committee may participate in missions to third countries (e.g. for electoral monitoring). Besides directly inputting to the legislative process, MEPs may also help raise awareness of specific issues at the European Parliament. MEPs can table oral and written parliamentary questions which can serve the purpose of either obtaining detailed information from the European Commission or the Council (written parliamentary questions) or making public political statements (oral parliamentary questions). Other parliamentary committees relevant to international development issues might be the Foreign Affairs Committee (comprising the sub-committee on human rights), the Women’s Rights and Gender Equality Committee, the International Trade Committee and the Budgets Committee. MEPs can support awareness-raising activities, such as for instance public hearings on topical development issues in Committees. External experts, including NGO representatives, can be invited to present to MEPs on the topic of the hearing. Proposals for public hearings may also come from committee secretariats. It is advisable to meet with the senior officials on the Secretariat of the Parliamentary Committee that is most relevant to you in order to raise awareness of your issues and secure their support. What can MEPs do for me? It should not be forgotten that MEPs are democratically elected in their own countries. Like UK Members of Parliament, MEPs are accountable to their constituencies at home. All MEPs have offices in Brussels, Strasbourg and in their own constituencies where they can be contacted by members of the public. It is advisable to concentrate on UK MEPs as they will be the most receptive to UK voices. Legislative proposals originating at the European Commission are considered by the European Parliament and the Council through a legislative procedure known as co-decision (see later section for a detailed explanation of co-decision). MEPs have the power to amend any Commission legislative proposal by tabling and voting on amendments both at the committee level and in plenary. Most MEPs will be open to tabling amendments drafted by reputable and trusted external actors (including NGOs) with whom they have been in contact. You can also raise awareness of your issues with MEPs through exhibitions (e.g. photographic), events (e.g. report launches) and informal lunches at the European Parliament. Like with All-Party Groups, the UK MEPs may also belong to informal thematic interest groups, called ‘Intergroups’. These are officially registered at the European Parliament. Secretariat services to Intergroups are mostly provided by external actors, including NGOs. Top tips for influencing MEPs • Target UK MEPs • Try to win over their assistant • Find out what they are interested in Meet them face to face • Use clear messages and ‘killer’ facts or statistics • Provide concise, relevant, to the point information (maximum of one page) with clear advice on what you would like them to do for you (e.g. support a specific amendment) • Share ‘cutting edge’ relevant research/reports • Always be available • Tailor your messages to their interests and political and personal beliefs • Never try to impose your views • Establish yourself as the expert 10 Bond guide to Influencing the European Union CASE STUDY: CHRISTIAN AID ‘STOP EPAs!’ CAMPAIGN Christian Aid has been influencing the EU’s negotiations with African Caribbean and Pacific countries for free trade agreements (Economic Partnership Agreements, or EPAs) from their early stages. We recognised in early 2002 that EPAs could be catastrophic for poor people in poor countries, and were encouraged by Southern partners to influence the outcome. Initially we and partners researched the likely impact, then used the results to lobby the British Government as a key EU member state as well as working with NGOs across Europe to influence the Commission and Council, and supporting Southern partners in their regional networks. We have largely worked in collaboration with other NGOs, and EPAs were one of the main demands of Make Poverty History in 2005. Throughout the negotiations, we aimed ultimately to influence the Council, responsible for the negotiating mandate, though the Commission as negotiator was also important. We identified a range of MEP allies who promoted our partners’ concerns, but had no formal role until EPAs reached the stage of needing Parliament’s assent. At that point we obtained a public statement of concern by a large number of MEPs, tabled amendments to Committee reports, and met with key individual MEPs, with the aim of preventing EPAs receiving assent without substantial alterations. Parliament has nevertheless begun the assent process. EPAs remain potentially very damaging, but we have achieved some improvements to the original proposals, including on timescales for liberalisation, and the exclusion of certain issues. Verdict: definitely worth the effort! Keeping informed The website of the European Parliament, www. europarl.europa.eu, provides all the information you will need to inform your advocacy work with MEPs. There you will find links to: • MEPs individual pages with contact details and information on parliamentary questions and reports • Political Groups pages with information on political co-ordinators on all parliamentary committees, for instance: – Group of European Socialists: www.socialistsanddemocrats.eu – European People’s Party and European Democrats: www.epp-ed.eu – Alliance of Liberals and Democrats for Europe: www.alde.eu/ • European Parliament Committees home pages with detailed information on mandates, members and work programmes, for instance: – Development Committee: www.europarl.europa.eu/activities/committees/ homeCom.do?language=&body=DEVE – Foreign Affairs Committee: www.europarl.europa.eu/activities/committees/ homeCom.do?language=&body=AFET • European Parliament online press service: www.europarl.europa.eu/news/public/default_en. htm?language=EN • European Parliament plenary sessions including agendas: www.europarl.europa.eu/eplive/public/ default_en.htm?language=EN Bond guide to Influencing the European Union 11 The European Commission What is the role of the European Commission? How is the European Commission organised? The European Commission is the driving force of the European Union. It is the main executive body of the EU and it has five main functions (see fig.6 below): The European Commission is headed by a President. The President of the Commission is selected by the European Council every five years and must be approved by the European Parliament. 1. It is the only EU body with the right of initiative to make legislative proposals to the Council and the Parliament 2. As the guardian of the EU Treaties, it ensures that European legislation is correctly applied by member states and other actors. In order to do this it has investigative powers and can take legal action against persons, companies, or any member states that violate EU rules 3. It is in charge of managing the EU’s resources 4. It represents the EU on the international stage (e.g. International trade negotiations or development conferences, or accession negotiations) 5. It is responsible for the implementation of legislation, as mandated by the Council Figure 6 European Commission functions Guardian of the treaties Right of initiative European Commission functions Manages EU resources Responsible for implementation of EC law Represents the EU on international stage 12 Bond guide to Influencing the European Union The members of the European Commission are called European Commissioners. There are currently 27 Commissioners, one from each member state. Commissioners are selected by the President of the Commission from lists of candidates put forward by member states. These must then be approved by the Council and the European Parliament. The Commissioners act in the Union’s interest, independently of the national governments that nominated them. Each Commissioner is responsible for a specific ‘portfolio’ (e.g. development co-operation and humanitarian aid). The College of Commissioners – all 26 Commissioners plus the President – meet once a week in Brussels to discuss and approve proposals and in order to plan ahead. The Commission’s administrative staff (around 20,000) is based mainly in Brussels and it is divided among 26 Directorates-General (DG), or departments. Each DG covers a specific portfolio under a specific Commissioner. DGs are headed by a Director-General, like a CEO. Director-Generals report to the relevant Commissioner, who can be responsible for one or more DGs. The European Commission is represented in countries outside the European Union in the form of Delegations. There are over 130 European Commission Delegations and Offices around the world, which act not only as the eyes and ears of the Commission in their host countries but also as its mouthpiece towards the authorities and the public. Who works on development at the European Commission? The EU bodies responsible for external relations are commonly known as the external services. The Commissioners who are responsible for the external services are also informally referred to in Brussels as the “Relex Family”. Relex is short for external relations in French (see fig.7, right). Figure 7 The “Relex Family” of European Commissioners Commissioner for External Relations Commissioner for Development Commissioner for External Trade Commissioner for Enlargement Foreign Policy Development Policy External Trade Enlargement Neighbourhood Policy Humanitarian Aid External Co-operation Programmes/EUROPEAID EC Delegations DG Development DG External Relations The Commissioner for Development and Humanitarian Aid is responsible for the Directorate General for Development (DG Development), which aims “to help to reduce and ultimately eradicate poverty in the developing countries through the promotion of sustainable development, democracy, peace and security”. DG Development is tasked with, (a) initiating and drafting development policy, (b) coordinating political relations and drafting cooperation strategies with Africa, Caribbean and Pacific states (ACP) and the overseas countries and territories of the EU, and (c) coordinating and monitoring development funding provided through the European Development Fund (EDF) and the Development Cooperation Instrument (DCI) of the EU budget. The Commissioner for External Relations is responsible for the Directorate General for External Relations (commonly referred to in Brussels as DG RELEX). Key responsibilities of DG External Relations include, (a) coordinating the Commission’s external relations, (b) managing all aid to non-member countries (through EuropeAid), (c) managing EC Delegations, (d) the Common Foreign and Security Policy, (e) human rights and democratisation, and (f) managing relations with the UN and NATO. They also have the lion’s share of the European Commission’s responsibility towards developing countries. Geographically, they are responsible for relations with countries in the Southern Mediterranean, the Middle East, Latin America and Asia. They also cover relations with the New Independent States (NIS), Mongolia, China and Korea. Humanitarian Aid Department (ECHO) EuropeAid (also known as DG AIDCO) Also under the Commissioner for Development and Humanitarian aid, ECHO’s mission is “to provide emergency assistance and relief to the victims of natural disasters or armed conflict outside the European Union”. Since 1992, when ECHO was first established, it has funded humanitarian aid in more than 85 countries. Its grants cover emergency aid, food aid and aid to refugees and displaced persons worth a total of more than €700 million per year. EuropeAid is under the responsibility of the Commissioner for External Relations. Established in 2001, EuropeAid’s role is to manage all EC aid. They are also responsible for the implementation of EC funded development co-operation projects and programmes and have oversight of the entire project cycle from identification to implementation and evaluation. DG Trade The Commissioner for Trade is responsible for the Directorate General for Trade. DG Trade conducts the EU’s trade policy ensuring the Union’s commercial and economic interests are secured. The Commissioner for Trade is ultimately responsible for dealing with the development related dimensions of trade. Bond guide to Influencing the European Union 13 The European Commission Who can I influence at the European Commission? The European Commission is the most important institution to focus on if you want to be involved in policy-making at the EU from the start. It is essential to keep track of the Commission’s intentions in your area of interest. Even before a legislative proposal is drafted, the European Commission may publish consultative documents (green papers, white papers and communications), it may conduct open consultations, hold hearings, workshops, conferences, seminars, set up Expert Groups or commission studies by external consultants. It is administrative officials at the European Commission who are tasked with drafting legislative proposals. These officials are generally open to external advice and input at the drafting stage. The earliest this happens the better. It pays to familiarise yourself and build a solid relationship based on mutual respect and trust with key Commission officials working in your area. Sharing any new intelligence, research and reports on your issues will help establish you and your organisation as experts in the eyes of the European Commission. In order to raise awareness of your issues and mobilise support more broadly at the European Commission you may also wish to target relevant Heads of Unit, Director Generals and Commissioners. Expert Groups Expert Groups are consultative bodies comprising national, private-sector and civil society experts on a specific issue/theme or policy area. The main task of Expert Groups is to advise the Commission and its services in the preparation of legislative proposals and policy initiatives as well as in its tasks of monitoring and coordination or cooperation with the Member States. These groups can be either permanent or temporary. 14 Bond guide to Influencing the European Union CASE STUDY: EUROPEAN DISABILITY FORUM ADVOCACY ON ANTI-DISCRIMINATION In July 2008, the European Commission published a proposal for a Directive implementing the principle of equal treatment between person irrespective of religion or belief, disability, age or sexual orientation. To the European Disability Forum (EDF), this proposal was the result of many years of campaigning that culminated in 2007 with the “One Million For Disability” (www.1million4disability.eu) initiative, in which EDF succeeded in collecting 1.3 million signatures in favour of extending the European anti-discrimination legislation outside the labour market. In the course of the campaign, EDF presented the Commission with its shadow DisabilitySpecific Directive. This influenced the final Commission proposal and set the benchmarks for the EDF demands concerning the future EU directive. Working daily with the Commission’s Disability Unit, EDF provides the Commission with the experiences of disability discrimination and possible solutions to be included in the draft Directive. The membershipbased structure of EDF, its long-standing commitment to disability rights and first-hand understanding of the disability issues make EDF an legitimate equal partner in the work on the disability aspects of the Directive. Since the adoption of the Commission proposal, the EDF lobbying efforts were extended to the legislative institutions of the EU – the European Parliament and the Council, with whom EDF remains in regular close contact in order the ensure the visibility of disability and provide expertise on disability articles of the proposal. Influencing the Co-decision Legislative Procedure PREPARATION Co-decision, or the community method, is the EU’s usual method of decision-making, in which the Commission makes a proposal to the Council and the European Parliament, who then debate it, propose amendments and eventually adopt it as EU law. The procedure may comprise one, two or three ‘readings’ (see fig.8 below). It is important to note that the majority of legislative proposals on development issues are adopted after the first reading and none have gone beyond the second reading stage. For the purpose of this guide, we will cover the process in detail from the pre-proposal stage at the European Commission to the completion of the second reading. Figure 8 The Co-decision Legislative Procedure (first and second readings) Pre-proposal Commission proposal FIRST READING European Parliament Approved as is Council Approve EP first reading Proposal adopted Amendment – in committees – in plenary Reject EP first reading Common position second READING European Parliament Reject Amendment – in committees – in plenary (absoloute majority voting) Council Approve common position Proposal adopted Accept amendments Reject Conciliation committee Bond guide to Influencing the European Union 15 Pre-proposal stage As explained, it is possible to get information of what proposals might be in the pipeline at the European Commission in a variety of ways. Once you have that information, you should identify who (which Directorate General, unit and officials) will be responsible for drafting any legislative proposals. At this early stage, it is also worth finding out if the Commission is planning on setting up an Expert Group to advise on the drafting of the proposal or if they are planning on working with an existing Expert Group. These groups are open to NGOs and any other actors that are perceived as expert partners to help develop EU proposed legislation. Building alliances with other like-minded NGOs and networking with established NGO networks in Brussels to raise awareness of your issues are also good ideas at this stage. resolution including amendments to the Commission’s proposal. Amendments can be tabled by any MEP sitting on that committee. MEPs will accept suggested wording for amendments from trusted sources, including NGOs. It is worth contacting any friendly MEPs at this stage, if you haven’t already done so, in order to raise awareness of your issues, convey any concerns on the Commission proposal being debated and offer to draft amendments. Once these are tabled by your friendly MEP, however, you should mobilise support more broadly in order to ensure your amendments are approved by the committee. After the report has been adopted at committee level it will go to plenary. Here it will be voted on by qualified majority voting. Drafting stage Initial research, networking and constituency building efforts should ensure that you are well placed to influence any proposal when it is eventually drafted. Even if you haven’t had the possibility of getting in earlier, once a proposal is being developed, your key targets will be the European Commission officials responsible for actually drafting the document. You should ensure that you are not a ‘lone voice’ at the Commission. Networking and constituency building, both among peers and with other influentials (e.g. friendly UK MEPs or friendly officials at the UK Permanent Representation) should also be prioritised. First reading Once a legislative proposal is published by the European Commission, your focus should switch to the Council and the European Parliament. Both institutions consider the proposal simultaneously. Influencing the European Parliament After receiving the Commission’s proposal, the President of the European Parliament refers it to the relevant parliamentary committee for examination. The lead committee will be responsible for producing a report amending the Commission’s proposal. Other relevant committees may also issue an ‘opinion’ on the Commission proposal. These ‘opinions’ are included in the final draft of the lead committee’s report. During the development of the report, the Commission may be invited to speak to the committee in order to defend its proposal and answer questions by committee members. The report is then drafted by a ‘rapporteur’ (i.e. an MEP sitting on that committee) and it includes an overview of the Commission’s proposal, the views of different parties involved, any possible ‘opinions’ from other committees and a 16 Bond guide to Influencing the European Union Who to target at the EP’s first reading Rapporteur: responsible for drafting the lead committee report. Reports are awarded to political groups on a points system. MEPs can signal their interest in drafting a particular report. Usually, the drafting of the report will be coordinated by the Rapporteur’s assistant. Shadow rapporteur: MEP from a different political group who shadows the drafting of the report. Group co-ordinators: in principle, political groups at the Parliament coordinate their respective positions during debates and during the voting in committee and in plenary. It is best to have co-ordinators on your side. Secretariat officials: one official from the committee secretariat will be responsible for following a draft report and closely supporting the Rapporteur (and their assistant). Draftspersons: MEPs from other relevant Committees that are tasked with drafting their ‘opinions’ on specific proposals. Keeping Informed • Information on the European Parliament’s positions: www.europarl.europa.eu/activities/plenary/posip. do?language=EN • Information on the Council’s current common positions: www.europarl.europa.eu/activities/ plenary/staticDisplay.do?language=EN&id=2101 Influencing the Council The Council examines the Commission’s proposal in parallel to the European Parliament. Throughout the first reading there is an intensive exchange of information between the three institutions. At the Council, the Presidency is tasked with brokering contacts with the European Commission and negotiations with the European Parliament. The relevant working groups at the Council discuss the proposal. The deliberations of the working groups are then sent upwards to the Committee of Permanent Representatives (COREPER) for the latter’s approval. The role of COREPER is essential to secure the requisite political agreement among the member states. It is important to keep abreast of these discussions if possible. This can either be done by meeting with members of the Permanent Representation in Brussels or with relevant government officials at the national level. After the European Parliament has voted on its report in plenary session, the Council can either accept the outcome of the European Parliament’s first reading, in which case the proposal is adopted, or it can reject the European Parliament’s position. In this case, where no agreement could be reached, the Council adopts what is known as a common position. The Council’s common position is communicated back to the European Parliament together with a statement of reasons for both the Council’s and the Commission’s position towards the European Parliament’s amendments. SECOND READING Within three months from the receipt of the Council common position, the European Parliament may approve, reject or amend the Council’s common position at its second reading. The process for approval at the Parliament is similar to the first reading. The one notable difference is that, if Parliament decides to adopt amendments to the common position, it can only do so with the agreement of an absolute majority of MEPs. In the case of approval, the act is adopted. In the case of rejection, the procedure lapses and the legislative proposal falls. As soon as the Council receives the European Parliament’s amended text the Council has three months from that date to decide whether or not to approve all the European Parliament’s amendments. This is the Council’s second reading. In cases where the Council is not able to do so, the codecision procedure provides for the European Parliament and the Council to convene a Conciliation Committee. Top tips for influencing EU decision-making • Get in early • Have clear objectives, messages and outcomes • Always understand the wider EU context • Identify the Institution in charge and your key targets depending on what stage in the codecision procedure you get in at • Establish your organisation as the ‘expert’ for your key targets • Use the UK government as your first port of call • Use Bond as a source of information, for networking and for collective influencing in the UK • Use friendly UK MEPs • Make friends with the institutions and NGOs in Brussels Keeping informed The web portal of the European Commission, http://ec.europa.eu/index_en.htm#, provides links to all of the following and more: • All the Commissioners’ home pages • All the Directorates General’s home pages • Staff directory. For a search by name you can also go to http://europa.eu/whoiswho/public/index. cfm?lang=en • The EC press room: http://europa.eu/press_room/ index_en.htm • Commission studies • Green papers • Discussion papers • Live consultations • EC annual work and legislative programme • Directorates General work plans • List of Expert Groups: http://ec.europa.eu/ transparency/regexpert/ • EC Annual Policy Strategy Bond guide to Influencing the European Union 17 Useful contacts How Bond can help In the UK In Europe Two Bond Groups have a specific focus on EU institutions: Bond is the UK national platform to CONCORD (www. concordeurope.org), the European confederation of relief and development NGOs consisting of 22 NGO national platforms and 18 international networks representing over 1600 NGOs. CONCORD represents the development community within the EU Civil Society Contact Group, which brings together eight large rights and value based NGO sectors – environment, social, development, human rights, lifelong learning, public health, culture and women. • Bond European Policy Group provides joint analysis of EU policy developments and coordinates advocacy initiatives targeting the EU: www.bond.org.uk/pages/epg.html • Bond EC Funding Group provides information sharing on technical EC funding issues and joint analysis and influencing of EC funding environment: www.bond.org.uk/pages/ecfg.html Other Bond Groups and UK networks target EU institutions on specific issues. Project groups can be set up on specific initiatives. Some examples of active Bond Groups, project groups and UK networks are: • Bond European Neighbourhood Group • Bond Latin America and Caribbean Group • Bond Environment and Development Group • UK Food Group • Development Education Association The Bond Advocacy team offers support to Bond Groups and members to analyse how the EU affects the issues they are working on and to plan collective influencing of EU institutions. For information on Bond’s EU work or information on the EU focused working groups and how to join them, you may contact the Bond EU Policy Officer and EU Campaigns Officer on [email protected] 18 Bond guide to Influencing the European Union Participation in CONCORD is strategic for Bond and its members in order to access information, share best practice across Europe and be able to speak with one strong voice in Brussels.
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