“I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail” Abraham Maslow
Most of the decisions that impact your client are made by EU Agencies. The EU has delegated technical decisions on scientific classification and product authourisation to indpendent expert agencies.
I think this is a good thing. Most politicians and civil servants find scientific discussions at best confusing. It’s good that independent experts get to provide their advice on complex issues.
Pavlov’s Dogs
A good lobbyist should use several mental models to best advise their clients. Most, do not.
Too many react to the ringing of the bell for Pavlov’s dogs. They react instively and think political lobbying can solve the problem. Litigators do the same. They think the only way to solve a problem is litigation.
A good lobbyist will understand how to guide their client through the many challenges they face. Many feel able to give advice on ordinary legislation yet far fewer feel comfrtable about secondary legislation. Yet, most of the key decisions impacting your client are made by Agencies. Most decisions that impact your clients are decided long before you even know. There is little, if anything, you can do to change the impact of the decision.
Thinking you can change things just like you do when lobbying in the European Parliament and Council won’t get you far. They have a very limited or no role.
Where was the action in 2016
I looked at the output of EU legislation and decisions in 2016.
Ordinary / co decision proposals
- Proposed 116
- Adopted 67
Secondary legislation adopted
- RPS measures 108
- Delegated Acts 140
- Implementing Acts 1448
ECHA
In the same year, ECHA, completed:
Substance evaluations (concluded) 46
Substance evaluation decisions – requesting new information 26
Substance evaluations started 39
Suubstance evaluations 2012-2016 182
SVHC substances included on Candidate List 173
SHVC added to candidate list 5
Proposals by MS for SHVC to be added to candidate list 5 (Commission did not act on 5)
Recommnedtion for SHVC to authourisation list (annex XIV) 9
Requests for authourisation 77
Commission decisions restrictions 4
RAC Opinion CLP 108
RAC Opinions CLP PPP/Biocides 129
These measures are important. They often have a more direct impact that a piece of ordinary legislation.
Don’t treat everything as if it were a nail
Many lobbyists are blind to what is needed for these procedures. This is a shame. This means your opportunity to support your client is limited to either the Parliamentary/Council scrutiny of any adopted measure, or framing the original legislation when it comes up for review, REFIT and revision. The Commission have a limited discretion on most of these decisions. They are averse to using it. Anything involving chemicals puts off most officials.
The skills you need for CLP, Substance Evaluation, dealing with SHVC Candidate listing, or substance authorusation are important. They are useful ‘models’ to add to your portfolio. It will help you become a more trusted advisor.
The majority of measures being adopted by agenices is not isolated to chemicals. A quick glance at the the Annual Reports of EFSA and EMA show that the vast majority of decisions impacting these industrires was done by their designtated agencies.
If you are limit yourself to ordinary legislation or a narrow field, you are missing most of the opportunities.