“Grey areas” and opacity for lobbying practices in EU institutions identifies a report by the European Court of Auditors (ECA) that was made public yesterday.

According to the ECA, the EU Transparency Register, which provides information on interest representatives (“lobbyists”) lobbying the Commission, the European Parliament and the Council, has weaknesses and gaps in the information it provides, thereby weakening the transparency of lobbying activities taking place in the three largest EU institutions.

In addition, the ECA notes that “lobbyists” can bypass registration in the Register for a wide range of interactions, in which they are free to influence EU legislators.

Lobbying is a key democratic tool that enables organizations and individuals to contribute to policy-making and decision-making. However, without transparency mechanisms, this activity can lead to the exercise of undue influence, unfair competition and even corruption. In order to prevent any unethical behavior by their officials, the EU institutions apply their own ethics frameworks. The Commission, Parliament and Council have embraced the Transparency Register, which is a central entry point for stakeholders wishing to influence policy-making and decision-making in the EU.

In 2021, the EU institutions agreed to introduce the principle of sectarianism, according to which registration in the Register is a necessary condition for the exercise of certain activities by interest representatives. According to the ECA, the 2021 interinstitutional agreement is broadly consistent with international principles on transparency and integrity in lobbying, but does not set minimum requirements for its implementation. Rather, it is up to the institutions to implement the agreement as each defines it, regulating for example which lobbying activities require registration in the Register or the ways in which interest representatives interact with the institutions’ members and staff. Finally, registration of interest representatives in the Register is required for only certain meetings and activities (eg participation in hearings or expert panels). A case in point is the example of an NGO, which is linked to “Qatargate” and which co-organized a conference held in Parliament in June 2022, without being registered in the Registry.

The ECA highlights that between 2019 and 2022, almost 1,000 interest representatives on average were removed from the Register annually for administrative reasons. On the other hand, the interest representatives who were deleted after investigation were only six.

The EAC criticizes both the fact that the registration of interest representatives in the Register is a condition only for their meetings with the most senior officials, and that only scheduled meetings are recorded. Record keeping is not necessary for spontaneous meetings, unscheduled phone calls, e-mail exchanges. In addition, for their meetings with all other staff except for those placed hierarchically in the position of the general manager/director, the interest representatives are not required to be registered in the Register.

The ECA recognizes that the institutions are making moves to enhance transparency and encourage registration in the Register, and the information provided about meetings and activities with registered interest representatives has indeed improved. It is pointed out, however, that the publication of such information is not done systematically. In addition, there is room to further improve the checks carried out on the data entered by interest representatives. And this especially given the risk that NGOs funded by third parties will not disclose their sources of funding, declaring that they represent only their own interests or the collective interests of their members. This currently applies to a third of registered NGOs.

The ECA also emphasizes that the Registry’s website should be made more user-friendly and more information should be provided on key aspects of lobbying activities.

The number of interest representatives registered in the EU Transparency Register has increased significantly, from 5,500 registered in 2012 when it was created, to around 12,500 in 2024. Registration in the Register is voluntary and its establishment was based on an inter-institutional agreement, which is not enforceable legislation act. As such, there is no provision for sanctions, unlike some lobbying regulations adopted by EU countries which cover a wider range of officials.

Although the ECA’s audit focuses on the period 2019-2022, it takes into account the European Parliament’s decisions on the use of the Registry, in December 2022, following the outbreak of the Qatargate corruption scandal. The European Ombudsman recently found a case of maladministration on the part of the registry’s secretariat – which is a common structure for all three institutions – due to the failure to carry out substantial investigations, the EAC points out.