欧洲议会和理事会协议,为参与欧盟决策和政策实施的组织和个体制定透明度制定

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32011Q0722(01)

OJ编号:OJ L 191, 22.7.2011, p. 29-38

中文标题:欧洲议会和理事会协议,为参与欧盟决策和政策实施的组织和个体制定透明度制定

原文标题:Agreement between the European Parliament and the European Commission on the establishment of a transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation

分类:01.40.10_总则

文件类型:二级立法

废止日期:2058-12-31

法规全文:查看欧盟官方文件

HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
22.7.2011 Official
Journal
of
the
European
Union L
191/29
INTERINSTITUTIONAL AGREEMENTS
Agreement between the European Parliament and the European Commission on the establishment
of a transparency register for organisations and self-employed individuals engaged in EU policy-
making and policy implementation
THE EUROPEAN PARLIAMENT AND THE EUROPEAN COMMISSION (‘the parties hereto’),
Having regard to the Treaty on European Union, in particular Article 11(1) and (2) thereof, the Treaty on
the Functioning of the European Union, in particular Article 295 thereof, and the Treaty establishing the
European Atomic Energy Community (hereinafter together referred to as ‘the Treaties’),
Whereas European policy-makers do not operate in isolation from civil society, but maintain an open,
transparent and regular dialogue with representative associations and civil society,
AGREE AS FOLLOWS:
exercise their parliamentary mandate without restriction, and
shall not impede access for Members’ constituents to the
European Parliament’s premises.
I. ESTABLISHMENT OF THE TRANSPARENCY REGISTER
5. The
establishment
and
operation
of
the
register
shall
not
1. In
conformity
with
their
commitment
to
transparency,
the impinge on the competences or prerogatives of the parties
parties hereto agree to establish and operate a common ‘Trans
hereto or affect their respective organisational powers.
parency Register’ (hereinafter ‘the register’) for the registration
and monitoring of organisations and self-employed individuals
engaged in EU policy-making and policy implementation.
6. The
parties
hereto
shall
strive
to
treat
all
operators
engaged in similar activities in a similar manner, and to allow
for a level playing-field for the registration of organisations and
self-employed individuals engaged in EU policy-making and
II. PRINCIPLES OF THE REGISTER
policy implementation.
2. The establishment and operation of the register shall build
upon the existing registration systems set up and launched by
the European Parliament in 1996 and the European
III. STRUCTURE OF THE REGISTER
Commission in June 2008, supplemented by the work of the
relevant European Parliament and European Commission joint
7. The
register
shall
include
the
following:
working group as well as by the adaptations made in the light
of the experience gained and the input collected from stake
holders as set out in the European Commission’s Communi
(a) a set of guidelines on:
cation of 28 October 2009 entitled ‘European Transparency
Initiative: the Register of Interest Representatives, one year
after’ ( 1 ). This approach does not affect or prejudge the
— the scope of the register, eligible activities and
objectives of the European Parliament as expressed in its
exemptions,
resolution of 8 May 2008 on the development of the
framework for the activities of interest representatives (lobbyists)
in the European institutions ( 2 ).
— sections open to registration (Annex I),
3. The
establishment
and
operation
of
the
register
shall
— information required from registrants, including the
respect the general principles of Union law, including the prin
financial disclosure requirements (Annex II);
ciples of proportionality and non-discrimination.
(b) a code of conduct (Annex III);
4. The
establishment
and
operation
of
the
register
shall
respect the rights of Members of the European Parliament to
(c) a complaint mechanism and measures to be applied in the
event of non-compliance with the code of conduct,
( 1 ) COM(2009) 612.
including the procedure for the investigation and
( 2 ) OJ C 271 E, 12.11.2009, p. 48.
treatment of complaints (Annex IV).

L 191/30
EN
Official Journal of the European Union
22.7.2011
IV. SCOPE OF THE REGISTER
performing the role assigned to them in the Treaties. This
applies mutatis mutandis to any entity specifically designated
Activities covered
in the Treaties to play an institutional role;
8. The
scope
of
the
register
covers
all
activities,
other
than
those excluded in part IV, carried out with the objective of
directly or indirectly influencing the formulation or implemen
tation of policy and the decision-making processes of the EU
(c) activities in response to direct and individual requests from
institutions, irrespective of the channel or medium of communi
EU institutions or Members of the European Parliament,
cation used, for example outsourcing, media, contracts with
such as ad hoc or regular requests for factual information,
professional intermediaries, think-tanks, platforms, forums,
data or expertise and/or individualised invitations to attend
campaigns and grassroots initiatives. These activities include,
public hearings or to participate in the workings of
inter alia, contacting Members, officials or other staff of the
consultative committees or in any similar forums.
EU institutions, preparing, circulating and communicating
letters, information material or discussion papers and position
papers, and organising events, meetings or promotional
activities and social events or conferences, invitations to
which have been sent to Members, officials or other staff of
Specific provisions
the EU institutions. Voluntary contributions and participation in
11. Churches
and
religious
communities
are
not
concerned
formal consultations on envisaged EU legislative or other legal
by the register. However, the representative offices or legal
acts and other open consultations are also included.
entities, offices and networks created to represent them in
their dealings with the EU institutions, as well as their
associations, are expected to register.
9. All
organisations
and
self-employed
individuals,
irre
spective of their legal status, engaged in activities falling
within the scope of the register are expected to register ( 1 ).
12. Political
parties
are
not
concerned
by
the
register.
However, any organisations created or supported by them
Activities excluded
which are engaged in activities falling within the scope of the
register are expected to register.
10. The
following
activities
are
excluded
from
the
scope
of
the register:
13. Local,
regional
and
municipal
authorities
are
not
(a) activities concerning the provision of legal and other profes
concerned by the register. However, the representative offices
sional advice, in so far as they relate to the exercise of the
or legal entities, offices and networks created to represent them
fundamental right of a client to a fair trial, including the
in their dealings with the EU institutions, as well as their
right of defence in administrative proceedings, such as
associations, are expected to register.
carried out by lawyers or by any other professionals
involved therein. The following do not fall within the
scope of the register (irrespective of the actual parties
involved): advisory work and contacts with public bodies
in order to better inform clients about a general legal
14. Networks,
platforms
or
other
forms
of
collective
activity
situation or about their specific legal position, or to advise
which have no legal status or legal personality but which
them whether or not a particular legal or administrative step
constitute de facto a source of organised influence and which
is appropriate or admissible under the law as it stands;
are engaged in activities falling within the scope of the register
advice given to clients to help them ensure that their
are expected to register. In such cases their members should
activities comply with the law; representation in the
identify one of their number as their contact person responsible
context of a conciliation or mediation procedure aimed at
for their relations with the administration of the register.
preventing a dispute from being brought before a judicial or
administrative body. This applies to all business sectors in
the European Union and is not restricted to certain specific
procedures (competition). In so far as a company and its
15. The
activities
to
be
taken
into
account
for
the
financial
advisers are involved as a party in a specific legal or admin
declaration in the register are those aimed at all EU institutions,
istrative case or proceeding, any activity relating directly
agencies and bodies, and their members, officials and other staff.
thereto which does not seek as such to change the
These activities also include activities directed at Member States’
existing legal framework does not fall within the scope of
bodies operating at EU level which are engaged in EU decision-
the register;
making processes.
(b) activities of the social partners as participants in the social
dialogue (trade unions, employers associations, etc.) when
16. European networks, federations, associations or
platforms are encouraged to produce common, transparent
guidelines for their members identifying the activities falling
( 1 ) Member States’ governments, third country governments, inter
national intergovernmental organisations as well as their diplomatic
within the scope of the register. They are expected to make
missions are not expected to register.
those guidelines public.

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/31
V. RULES APPLICABLE TO REGISTRANTS
21. In
order
to
implement
the
system,
the
services
of
the
European Parliament and the European Commission will
17. By registering, the organisations and individuals establish a joint operational structure, to be known as ‘the
concerned:
joint Transparency Register Secretariat’. This will be made up
of a group of officials from the European Parliament and the
European Commission pursuant to an arrangement to be made
— agree that the information which they provide for inclusion
between the competent services. The joint Transparency Register
in the register shall be public,
Secretariat shall operate under the coordination of a Head of
Unit in the Secretariat-General of the European Commission. Its
— agree to act in compliance with the code of conduct and,
tasks will include the implementation of measures to contribute
where relevant, to provide the text of any professional code
to the quality of the content of the register.
of conduct by which they are bound,
22. The
issue
and
control
of
badges
affording
long-term
— guarantee that the information provided for inclusion in the
access to the European Parliament’s buildings will remain a
register is correct,
process operated by that institution. Such badges will only be
issued to individuals representing, or working for, organisations
— accept that any complaint against them will be handled on
falling within the scope of the register where those organi
the basis of the rules in the code of conduct underpinning
sations or individuals have registered. However, registration
the register,
shall not confer an automatic entitlement to such a badge.
— agree to be subject to any measures to be applied in the
23. Although
the
system
will
be
operated
jointly,
the
parties
event of infringement of the code of conduct and
hereto remain free to use the register independently for their
acknowledge that the measures provided for in Annex IV
own specific purposes, including the offering of incentives such
may be applied to them in the event of non-compliance
as the transmission of information to registrants when
with the rules laid down in the code of conduct,
launching public consultations or organising events.
— note that the parties hereto may, upon request and subject
to the provisions of Regulation (EC) No 1049/2001 of the
24. The
parties
hereto
shall
organise
appropriate
training
and
European Parliament and of the Council of 30 May 2001
internal communication projects to raise awareness of the
regarding public access to European Parliament, Council and
register and the complaints procedure among their Members
Commission documents ( 1 ), have to disclose correspondence
and staff.
and other documents concerning the activities of registrants.
VI. MEASURES IN THE EVENT OF NON-COMPLIANCE WITH
25. The
parties
hereto
shall
take
appropriate
measures
THE CODE OF CONDUCT
externally to raise awareness of the register and promote its use.
18. Non-compliance
with
the
code
of
conduct
by
registrants
or by their representatives may lead, following an investigation
paying due respect to the principle of proportionality and the
26. A
series
of
basic
statistics,
extracted
from
the
database
of
right of defence, to the application of measures laid down in
the register, shall be published regularly on the Europa website
Annex IV such as suspension or removal from the register and,
and shall be accessible via a user-friendly search engine. The
if applicable, withdrawal of the badges affording access to the
public content of that database will be available on request in
European Parliament issued to the persons concerned and, if
electronic, machine-readable formats.
appropriate, their organisations. A decision to apply such
measures may be published on the register’s website.
27. Following
consultation
with
stakeholders,
an
annual
19. Anyone
may
lodge
a
complaint,
substantiated
by report on the operation of the register shall be submitted by
material facts, about suspected non-compliance with the code
the Secretaries-General of the European Parliament and the
of conduct, in accordance with the procedure laid down in
European Commission to the responsible Vice-Presidents of
Annex IV.
the European Parliament and the European Commission.
VII. IMPLEMENTATION
20. The
Secretaries-General
of
the
European
Parliament
and
VIII. INVOLVEMENT OF OTHER INSTITUTIONS AND BODIES
the European Commission shall be responsible for supervision
28. The European Council and the Council are invited to
of the system and for all key operational aspects, and shall by
join the register. Other EU institutions, bodies and agencies
common accord take the measures necessary to implement this
are encouraged to use this system themselves as a reference
agreement.
instrument for their own interaction with organisations and
self-employed individuals engaged in EU policy-making and
( 1 ) OJ L 145, 31.5.2001, p. 43.
policy implementation.

L 191/32
EN
Official Journal of the European Union
22.7.2011
IX. FINAL PROVISIONS
— any new registration or update of existing data will only be
possible through the common register.
29. The switchover from the existing registers of the parties
hereto to the new common register will take place over a
transition period of 12 months from the day of entry into
30. The
common
register
shall
be
subject
to
review
no
later
operation of the common register. Organisations and indi
than 2 years following its entry into operation.
viduals currently registered in either system shall be invited to
renew their registration in the common system.
Once the common register has entered into operation:
Done at Brussels, 23 June 2011.
— registrants will be able to switch their existing registration to
the common register at the date of their choice but no later
than the day of renewal of their European Commission
For the European Parliament
For the European Commission
registration, or, for those registered only with the
European Parliament, by no later than the end of a 12-
The President
The Vice-President
month period from that entry into operation,
J. BUZEK
M. EFOVI

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/33
ANNEX I
‘Transparency Register’
Organisations and self-employed individuals engaged in EU policy-making and policy implementation
Sections Characteristics/remarks
I — Professional consultancies/law firms/self-
employed consultants
Subsection Professional
consultancies Firms
carrying
on,
pursuant
to
contract,
activities
involving
lobbying, promotion, public affairs and relations with
public authorities
Subsection Law
firms Law
firms
carrying
on,
pursuant
to
contract,
activities
involving lobbying, promotion, public affairs and
relations with public authorities
Subsection Self-employed
consultants Self-employed
consultants
or
lawyers
carrying
on,
pursuant
to contract, activities involving lobbying, promotion, public
affairs and relations with public authorities
II — In-house lobbyists and trade/professional
associations
Subsection Companies
&
groups Companies
or
groups
of
companies
(with
or
without
legal
status) carrying on in-house, for their own account,
activities involving lobbying, promotion, public affairs
and relations with public authorities
Subsection Trade,
business
&
professional
associations
Subsection Trade
unions
Subsection Other
similar
organisations
III — Non-governmental organisations
Subsection Non-governmental
organisations,
Not-for-profit organisations (with or without legal status),
platforms and networks and similar.
independent from public authorities, political parties or
commercial organisations. Includes foundations, charities,
etc.
IV — Think tanks, research and academic institutions
Subsection Think
tanks
and
research
institutions Specialised
think
tanks
and
research
institutions
dealing
with the activities and policies of the European Union
Subsection Academic
institutions Institutions
whose
primary
purpose
is
education
but
that
deal with the activities and policies of the European Union
V — Organisations representing churches and NB: Churches themselves are not concerned by the register.
religious communities
Subsection Organisations
representing
churches
and
Legal entities, offices or networks set up for representation
religious communities
activities

L 191/34
EN
Official Journal of the European Union
22.7.2011
Sections Characteristics/remarks
VI — Organisations representing local, regional and NB: Public authorities themselves are not concerned by the
municipal authorities, other public or mixed entities, register.
etc.
Subsection Local,
regional
and
municipal
authorities
Legal entities, representation offices, associations or
(at sub-national level)
networks set up to represent local, regional and
municipal authorities (at sub-national level)
Subsection Other
public
or
mixed
entities,
etc.
Includes other organisations with public or mixed (public/
private) status.

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/35
ANNEX II
INFORMATION TO BE PROVIDED BY REGISTRANTS
I. General and basic information
— organisation name(s), address, phone number, e-mail address, website,
— (a) identity of the person legally responsible for the organisation and (b) name of the organisation’s director or
managing partner or, if applicable, principal contact point in respect of activities covered by the register; names of the
persons for whom badges affording access to the European Parliament’s buildings are requested ( 1 ),
— number of persons (Members, staff, etc) involved in activities falling within the scope of the register,
— goals/remit — fields of interest — activities — countries in which operations are carried out — affiliations to
networks — general information falling within the scope of the register,
— if applicable, number of members (individuals and organisations).
II. Specific information
A. Activities
Main legislative proposals covered in the preceding year by activities of the registrant falling within the scope of the
transparency register
B. Financial information
All financial figures provided should cover a full year of operations and refer to the most recent financial year closed, as
of the date of registration or of renewal.
Double counting is not excluded. The financial declaration made by professional consultancies/law firms/self-employed
consultants concerning their clients (list and grid) does not exempt those clients from their obligation to include those
contractual activities in their own declarations, so as to avoid an underestimation of their declared financial outlay.
Professional consultancies/law firms/self-employed consultants (Section I of Annex I): details must be given of the
turnover attributable to the activities falling within the scope of the register, as well as the relative weight attaching to
their clients according to the following grid:
(in EUR)
Turnover Bracket
size
0 – 499 999 50
000
500 000 – 1 000 000 100
000
> 1 000 000 250
000
In-house lobbyists and trade/professional associations (Section II of Annex I): an estimate must be given of the cost
of activities falling within the scope of the register.
Non-governmental organisations, think tanks, research and academic institutions — organisations representing
churches and religious communities — Organisations representing local, regional and municipal authorities,
other public or mixed entities, etc. (Sections III to VI of Annex I): the overall budget must be specified, together
with a breakdown of the main sources of funding.
Additionally, for all registrants: the amount and source of funding received from the EU institutions in the most recent
financial year closed, as of the date of registration or of renewal.
( 1 ) Registrants will be asked to provide this information at the end of the registration process, for submission to the European Parliament.
The names of individuals to whom access badges have been allocated will then be automatically inserted by the system on the basis of
the European Parliament’s updates and information, once the European Parliament has decided to issue the badges. Registration does
not give rise to an automatic entitlement to a badge affording access to the European Parliament.

L 191/36
EN
Official Journal of the European Union
22.7.2011
ANNEX III
CODE OF CONDUCT
In their relations with the EU institutions and their Members, officials and other staff, registrants shall:
(a) always identify themselves by name and by the entity or entities they work for or represent; declare the interests,
objectives or aims promoted and, where applicable, specify the clients or members whom they represent;
(b) not obtain or try to obtain information, or any decision, dishonestly, or by use of undue pressure or inappropriate
behaviour;
(c) not claim any formal relationship with the EU or any of its institutions in their dealings with third parties, nor
misrepresent the effect of registration in such a way as to mislead third parties or officials or other staff of the EU;
(d) ensure that, to the best of their knowledge, information which they provide upon registration and subsequently in the
framework of their activities within the scope of the register is complete, up-to-date and not misleading;
(e) not sell to third parties copies of documents obtained from any EU institution;
(f) not induce Members of the EU institutions, officials or other staff of the EU, or assistants or trainees of those
Members, to contravene the rules and standards of behaviour applicable to them;
(g) if employing former officials or other staff of the EU or assistants or trainees of Members of the EU institutions,
respect the obligation of such employees to abide by the rules and confidentiality requirements which apply to them;
(h) observe any rules laid down on the rights and responsibilities of former Members of the European Parliament and the
European Commission;
(i) inform whomever they represent of their obligations towards the EU institutions.
Individuals representing or working for entities which have registered with the European Parliament with a view to being
issued with a personal, non-transferable badge affording access to the European Parliament’s premises shall:
(j) comply strictly with the provisions of Rule 9 of, and Annex X and the second paragraph of Article 2 of Annex I to
the European Parliament’s Rules of Procedure;
(k) satisfy themselves that any assistance provided in the context of Article 2 of Annex I to the European Parliament’s
Rules of Procedure is declared in the appropriate register;
(l) in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members of the European
Parliament concerned as regards any contractual relationship with or employment of a Member’s assistant, and
subsequently declare this in the register.

EN
22.7.2011 Official
Journal
of
the
European
Union L
191/37
ANNEX IV
PROCEDURE FOR THE INVESTIGATION AND TREATMENT OF COMPLAINTS
Stage 1: Submitting a complaint
1. Complaints may be submitted by completing a standard form on the website of the register. That form contains
information about the registrant being complained about, the name and contact details of the complainant and
details about the complaint, including, in principle, documents or other materials supporting the complaint.
Anonymous complaints shall not be considered.
2. The complaint shall specify one or more clauses of the code of conduct which the complainant alleges have been
breached. Complaints about information entered in the register are treated as allegations of infringement of point (d)
of the code of conduct ( 1 ).
3. Complainants must in principle provide documents and/or other materials supporting their complaint.
Stage 2: Decision on admissibility
4. The joint Transparency Register Secretariat shall:
(a) verify that sufficient evidence is adduced to support the complaint, whether this takes the form of documents,
other materials or personal statements; to be admissible, material evidence should in principle be sourced either
from the registrant complained about or from a document issued by a third party;
(b) on the basis of such verification, decide on the admissibility of the complaint;
(c) if it deems the complaint admissible, register the complaint and fix a deadline (20 working days) for the decision
on the validity of the complaint.
5. If the complaint is deemed inadmissible, the complainant shall be informed by letter, which shall state the reasons for
the decision. If the complaint is deemed admissible, it shall be investigated in accordance with the procedure set out
below.
Stage 3: Investigation
6. After registering the complaint, the joint Transparency Register Secretariat shall inform the registrant in writing of the
complaint made against that registrant and the content of that complaint, and shall invite the registrant to present
explanations, arguments or other elements of defence within 10 working days.
7. All information collected during the investigation shall be examined by the joint Transparency Register Secretariat.
8. The joint Transparency Register Secretariat may decide to hear the registrant complained about, or the complainant.
Stage 4: Decision on the complaint
9. If the investigation shows the complaint to be unfounded, the joint Transparency Register Secretariat shall inform
both parties of the decision to that effect. If the complaint is upheld, the registrant may be temporarily suspended
from the register pending the taking of steps to address the problem (see paragraphs 11 to 14 below) or may be
subject to measures ranging from long-term suspension from the register to removal from the register and with
drawal, where applicable, of any badge affording access to the European Parliament (see stages 6 and 7 below).
Stage 5: Measures in the event of non-compliance with the code of conduct
10. The measures which may be applied in the event of non-compliance with the code of conduct shall range from
temporary suspension to removal from the register (see the table below).
11. If it is established that information entered in the register is incorrect or incomplete, the registrant shall be requested
to correct that information within 8 weeks, during which period the registration of that registrant shall be suspended.
The badge(s) affording access to the European Parliament, if any, shall not be withdrawn during that period.
( 1 ) That point (d) requires registrants, in their relations with the EU institutions and their Members, officials and other staff, to ‘ensure that,
to the best of their knowledge, information which they provide upon registration and subsequently in the framework of their activities
within the scope of the register is complete, up-to-date and not misleading’.

L 191/38
EN
Official Journal of the European Union
22.7.2011
12. If the registrant rectifies the information within the period of 8 weeks specified in paragraph 11, the registration
pertaining to that registrant shall be reactivated. If the registrant does not act within the period of 8 weeks specified
in paragraph 11, a measure may be imposed.
13. If the registrant requests more time to rectify the information in accordance with paragraph 11, and gives sufficient
reasons for that request, the period of suspension may be extended.
14. In the event of non-compliance with the code of conduct on other grounds, the registration of the registrant in
question shall be suspended for a period of 8 weeks, during which time the European Parliament and the European
Commission shall take the final decision on the measure or measures, if any, to be imposed.
15. Any decision to remove a registrant from the register shall include a ban on future registration for a period of 1 or 2
years.
Stage 6: Decision on the measure to be applied
16. A draft decision on the measure to be applied shall be prepared jointly by the competent services of the European
Parliament and of the European Commission and forwarded for final decision to the Secretaries-General of those
institutions. The competent Vice-Presidents of the European Parliament and of the European Commission will be
informed.
17. The joint Transparency Register Secretariat shall immediately inform both parties (the complainant and the registrant
against which the complaint was made) of the measure decided upon, and shall implement that measure.
Stage 7: Withdrawal (if applicable) of the badge(s) affording access to the European Parliament
18. Where a decision on removal from the register entails withdrawal of a badge or badges affording access to the
European Parliament, it shall be forwarded by the Secretary-General of the European Parliament to the responsible
Quaestor, who shall be invited to authorise the withdrawal of any such badge(s) held by the organisation or
individual concerned.
19. The registrant shall be invited to return all or some of any EP badges held within 15 days.
Table of measures available in the event of non-compliance with the code of conduct
Type of non-compliance Measure
Mention of measure EP access badge
in the register
withdrawn
1 Unintentional
non-compliance, Written notification acknowledging No No
immediately corrected
the facts and their correction
2 Deliberate
non-compliance
with
the Temporary suspension for up to 6 Yes during the No
code, necessitating a change of months or until such time as the suspension period
behaviour or rectification of corrective action requested is
information in the register within completed within the deadline set
the deadline laid down
3 Persistent
non-compliance
with
the Removal from the register for 1 year Yes Yes
code
— no change of behaviour
— failure to correct information
within the deadline laid down
4 Serious,
deliberate
non-compliance Removal from the register for 2 years Yes Yes
with the code

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