ECACC Meeting

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• ECACC Meeting
• Lobbying the EU Institutions
• Berlin
• October 18-19, 2004
• Susan Danger, Managing Director
• AmCham EU

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Road Map

• US/EU Governance Lobbying
• How to lobby the EU Institutions
• Case study-REACH

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USA
EU
THE PRESIDENT Head of government, represents US
interests
EUROPEAN COMMISSION The EU driving force,
represents the Community interests
EXECUTIVE
EUROPEAN PARLIAMENT Directly elected
Co-legislator, representing EU population
COUNCIL OF MINISTERS Main decision-making body,
representing Member States
HOUSE OF REPRESENTATIVES Directly elected
co-legislator, representing US population
THE SENATE Directly elected co-legislator,
representing individual States
LEGISLATIVE
EUROPEAN COURT OF JUSTICE Interprets EU
legislation, has judicial review (for Treaties)
US SUPREME COURT Interprets US legislation, has
judicial review
JUDICIAL
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US vs. EU Lobbying
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The Institutional Triangle
European Commission Sole right of legislative
initiation Administers the Treaties
Econ/Social Committee, Committee of the
Regions Non-binding opinions advice
European Ombudsman Independent investigatory
powers
European Court of Justice Interprets EU
legislation Guardian of the Treaties
Council of Ministers Determines policy and
priorities
European Parliament Co-legislator, democratically
elected
European Court of Auditors Financial
Conscience Independent audit of EU funds
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The European Commission
Initiates Legislation Guards the Treaties Manages
the Budget
25 Commissioners, One per Member State
TRADE Peter Mandelson (UK)
ENVIRONMENT Stavros Dimas (EL)
VICE PRESIDENT ENTERPRISE INDUSTRY Günther
Verheugen (DE)
VICE PRESIDENT TRANSPORT Jacques Barrot (FR)
PRESIDENT José Manuel Durão Barroso (PT)
Secretariat General
Legal Service
INTERNAL MARKET Charlie McCreevy (IE)
COMPETITION Neelie Kroes (NL)
COMMISSIONER FOR
Each Commissioner is supported by a CABINET (6
members) and administrative services called
DIRECTORATE GENERALS (DGs) with /- 16 000 civil
servants
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The Council of the European Union
DRIVES THE AGENDA (INFORMAL INITIATOR)
Presidency of the Council (held by one MS,
rotates every 6 months)
TOP-LEVEL NEGOTIATIONS ON POLITICAL TOPICS
European Council Heads of State or
Government - 4 meetings per year
Council of Ministers National Ministers
of the 25 Member States meeting in different
compositions
POLITICAL NEGOTIATIONS AND ADOPTION
Employment, Social, Health and Consumer Council
Agriculture and Fisheries Council
Competitiveness Council
Committee of Permanent Representatives of Member
States to the EU (COREPER) based in Brussels
PREPARATORY WORK (political)
The work of the Council is supported by Council
working groups specialized in different areas,
made of representatives from national ministries
/ agencies and/or civil servants from Permanent
Representations of the Member States to the EU
PREPARATORY WORK (technical)
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The European Parliament
732 MEPs
Administration 1 Secretariat General 8
Directorate Generals 1 Legal Service
Bureau 1 President (Josep Borrell Fontelles, PES
- Spain) 14 Vice-Presidents
7 Political Groups Non-attached

• 20 Committees composed of 20-30 MEPs each,
• covering different areas, including
• Industry, Research, and Energy
• Transport and Tourism
• Environment, Public Health, and Food Safety
• Legal Affairs
• Internal Market and Consumer Protection
• Economic and Monetary Affairs

17 Inter-Parliamentary Delegations (including one
for relations with the USA)
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The European Parliament 2004-2009
LIBERALS 12
SOCIALISTS 27
CONSERVATIVES 37
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Levels of business lobbying

• To be effective companies are active at 3 levels
• company
• sectoral trade association (vertical)
• business association (horizontal)

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AmCham EU horizontal associationmembership-le
d membership-driven

• 14 sectoral committees
• specialized task forces
• Presidency Group
• secretariat (20 staff)

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How we lobby the toolkit

• Position Papers
• Media
• Direct contact / meetings
• Events
• Outreach
• Publications website

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Effective business lobbying in the EU

• Access
• Timing
• Expertise

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Case Study

• REACH

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Issue

• Proposed legislation for Registration, Evaluation
  and Authorization of Chemicals (REACH).
• Objective is to understand and control risks to
  human health and the environment posed by
  dangerous chemicals.
• Method proposed a single regulatory framework for
  both existing (on the market pre-1981) and new
  (post 1981) chemicals in the EU.

Business Impact

• Reversal of burden of proof requires industry to
  demonstrate the safety of substances in use, in a
  very bureaucratic burdensome regime.
• Industry estimates 20-40 of the substances
  produced in quantities up to 100 tonnes per year
  are potentially at risk.
• Commission estimates costs of REACH will be up to
  EUR 2-3 billion. However, industry estimates that
  costs will be much higher.
• Has the potential to hamper European
  competitiveness for all companies which
  manufacture or use chemicals.

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Objective

• Help define a regulatory system that meets health
  and safety objectives while safeguarding European
  competitiveness.
• Specifically, AmCham EU would like to see
• A strong European Chemicals Agency working in an
  efficient, transparent manner
• A limited, workable scope excluding finished
  products, polymers and intermediates used to make
  other chemicals
• A streamlined authorization process triggered by
  scientific risk assessments

Strategy

• Comprehensive response to the preliminary
  Commission consultation process (which elicited
  over 7000 responses)
• Production of glossy, user-friendly documents
  explaining what REACH would comprise and
  providing a critical, section-by-section analysis
  with business recommendations for improvement
• Personal delivery of key business messages to
  primary decision makers and influencers in the
  European Commission, European Parliament, and
  Council leadership (presidency)
• Design and delivery of a seminar in Member State
  capitals, aimed at relevant national decision
  makers and influential business leaders.

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Achievements

• In EU Member States successfully raising
  awareness of business issues/concerns with key
  government players, in concert with US embassies
  and other AmChams.
• In Brussels established ourselves as an
  important interlocutor vis a vis the European
  Commission.
• Progress to date This and other lobbying efforts
  have made significant changes to the proposal
  that was adopted by the European Commission,
  given us a more favorable time frame to develop
  the legislation and improve the workability of
  REACH, promoted the need for further impact
  assessments.