Lessons in Lobbying#13: When to step in to influence a Commission proposal

The adoption of European laws and policy does not happen out of the blue.

After 25 years, I have not worked on a single file, that when looking at the surrounding or recent historical events, led me to be surprised that a proposal was being tabled.

There is a process to influencing Commission ordinary legislative proposals. The window of opportunity to bring your case to the right people, at the right, with the right information  is narrow and known in advance.

I am one of a few people who think that process is primary. It’s not the issue, or the politics, that are primary. Very few people think your issue is important, or understand it,  and they usually deal with it as part of many other issues on their desk. So, understanding how to influence the process is primary.

I like maps that show the steps of where you need to go.

Below is a map of the adoption of one of the hundreds of Green Deals proposals.

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The Windows of Opportunity

When you look at it, you’ll see that the windows of opportunity are focused around a few times.

  1. To influence proposals, you need to step in ahead of time. At the latest 4-6 weeks before any key meeting/decision point.
  2.  You can’t lobby the RSB.  If you want to influence their thinking, you’ll bring high quality, objective, Better Regulation proof data and studies to the Commission’s attention during the public attention.
  3.  You need to bring any constructive regulatory, policy, and legislative solutions to the attention of the Commission Services working on the proposal before they sit down to draft. As a working rule, that’s just after the Commission submit to their draft Impact Assessment to the RSB.
  4. Member State officials at the services level are key. The Commission secure feedback on elements of their upcoming proposal from the Member States via the Expert Groups.  The Commission refine it in light of this feedback. Your best root is engaging constructively via the Member State officials attending the Expert Group. Again, you’ll engage with them 4-6 weeks before that Committee meets.
  5. Again, you need to bring constructive, evidence based solutions to the table, that mirror the baseline considerations the Commission need to consider to prepare a proposal.
  6. If you avoid the real issue(s), fail to provide real evidence, don’t table solutions,  and go for broad brush melodrama, your solutions will land up in the waste paper bin.
  7.  You’ll need to engage with the officials in the Inter-Service Steering Group (ISSG) and Cabinet  issue leads. Again, engage at the right time with the right information.
  8. When the file is going into the final stages of adoption, some national capitals will engage with Cabinets.  I know of a proposal that got changed in the final weeks after a few Prime minister’s offices raised their concerns.
  9. Not in the chart is the regular meetings of the lead Council configuration on your issue. Their official and bi-lateral feedback to the Commission influence the Commission’s thinking.
  10. The formal and informal meetings of European leaders provide an important direction to the EU and to the Commission.

Follow the Sign Posts

On any proposal there are openings to influence the content and direction. They are clearly indicated.  If you choose to ignore those opportunities, you’ll have little to no influence.  And, if you opt for sending a letter to the College on a Tuesday afternoon after the Heads of Cabinet have agreed it, you are wasting your time.