(1)

The European Parliament, the Council of the European Union and the European Commission (‘the signatory institutions’) maintain an open, transparent and regular dialogue with representative associations and civil society in accordance with the Treaty on European Union (TEU), and in particular Article 11(1) and (2) thereof.

(2)

That dialogue enables stakeholders to present their views on decisions that may affect them and hence to contribute effectively to the evidence base on which policy proposals are made. Engaging with stakeholders enhances the quality of decision-making by providing channels for external views and expertise to be given.

(3)

Transparency and accountability are essential for maintaining the trust of Union citizens in the legitimacy of the political, legislative and administrative processes of the Union.

(4)

The signatory institutions recognise the importance of coordinating their approach through the adoption of a joint framework for their cooperation, in order to further promote interest representation that is transparent and ethical.

(5)

Transparency concerning interest representation is especially important in order to allow citizens to follow the activities and be aware of the potential influence of interest representatives, including influence exercised through financial support and sponsorship. Such transparency is best ensured by means of a code of conduct which contains the rules and principles to be observed by interest representatives that sign up to a transparency register (the ‘register’).

(6)

In view of the positive experience with the transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation established by the agreement between the European Parliament and the European Commission of 16 April 2014 (1) (‘the 2014 Agreement’), the signatory institutions consider that the scope of the 2014 Agreement should be expanded.

(7)

It is necessary to make the register mandatory by putting in place, by means of individual decisions adopted by each of the signatory institutions, measures of equivalent effect that make registration of interest representatives in the register a necessary precondition for carrying out certain types of interest representation activities.

(8)

In order to further strengthen the joint framework and build on the progress made in establishing a common transparency culture, the signatory institutions should publish on the website of the register conditionality and complementary transparency measures that they put in place to encourage registration, such as dedicated mailing lists, the recommendation that certain decision-makers meet only registered interest representatives, or the publication of information on meetings between certain decision-makers and interest representatives.

(9)

In order to promote this Agreement beyond the signatory institutions, it should provide for arrangements that allow Union institutions, bodies, offices and agencies, other than the signatory institutions, and Member States’ permanent representations that voluntarily wish to apply the operating principles of the joint framework to benefit from the assistance of the secretariat of the register and its helpdesk support.

(10)

In order to avoid an unnecessary administrative burden and in line with current practice as regards registration, activities carried out by interest representatives exclusively on behalf of an association or network of which they are part should be considered to be activities of that network or association.

(11)

Activities of public authorities of Member States, as well as of any association or network of such public authorities that acts on their behalf at Union, national or subnational level, should not be covered by this Agreement, although associations and networks of public authorities at Union, national or subnational level engaging in interest representation activities should be allowed to register.

(12)

The practice of adopting an annual report on the functioning of the register should be maintained as a tool to ensure appropriate visibility for the coordinated approach of the signatory institutions and to bolster citizens’ trust. The scope of the annual report should be expanded to cover conditionality and complementary transparency measures put in place by the signatory institutions.

(13)

The functioning of the register should not impinge on the competences of any of the signatory institutions or affect their respective powers of internal organisation.

(14)

In the exercise of their respective powers of internal organisation, the signatory institutions should delegate to the secretariat and the management board of the register the power to act on their behalf for the adoption of individual decisions concerning applicants and registrants, in accordance with this Agreement. The signatory institutions should be co-defendants in any legal action brought before the Court of Justice of the European Union against final decisions of the management board of the register that adversely affect applicants or registrants.

(15)

The signatory institutions should act in mutual sincere cooperation in implementing this Agreement.

(16)

Any of the signatory institutions should be able to pursue other good governance and transparency policies outside the framework of this Agreement, to the extent that such policies do not interfere with the implementation of and the objectives pursued by this Agreement.

(17)

This Agreement is without prejudice to the exercise of rights under Article 11(4) TEU, concerning the European citizens’ initiative, and Article 227 of the Treaty on the functioning of the European Union (TFEU), concerning the right to petition the European Parliament,

(a)

‘interest representative’ means any natural or legal person, or formal or informal group, association or network, that engages in covered activities;

(b)

‘applicant’ means any interest representative that applies to be entered in the register;

(c)

‘registrant’ means any interest representative with an entry in the register;

(d)

‘client’ means any interest representative that has entered into a contractual relationship with an intermediary for the purpose of that intermediary advancing that interest representative’s interests by carrying out covered activities;

(e)

‘intermediary’ means any interest representative that advances the interests of a client by carrying out covered activities;

(f)

‘client-intermediary relationship’ means any contractual relationship between a client and an intermediary concerning the carrying out of covered activities;

(g)

‘staff’ means staff subject to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (2), employed by any of the signatory institutions, irrespective of the category to which they belong;

(h)

‘conditionality’ means the principle whereby registration in the register is a necessary precondition for interest representatives to be able to carry out certain covered activities.