Commission Decision (EU) 2024/3081 of 4 December 2024 on transparency measures concerning meetings held between Members of the Commission and interest representatives, and repealing Decision 2014/839/EU, Euratom

• CELEX: Decision (EU) 2024/3081
• Articles: 8

Article 1 Subject matter

This Decision establishes measures concerning the transparency of meetings that Members of the Commission and/or members of their Cabinet hold with interest representatives.

Article 2 Definitions

For the purposes of this Decision, the following definitions apply:

(a)

‘interest representative’ means any natural or legal person, or formal or informal group, association or network, that engages in activities carried out with the objective of influencing the formulation or implementation of policy or legislation, or the decision-making processes of the Union institutions, bodies, offices and agencies;

(b)

‘meeting’ means an encounter organised at the initiative of an interest representative or a Member of the Commission and/or a member of his/her Cabinet to discuss an issue related to the formulation or implementation of policy or legislation in the Union, without prejudice to Article 3.

Article 3 Exemptions

This Decision shall not cover the following meetings:

(a)

spontaneous meetings, meetings of a purely private or social character and meetings taking place in the context of an administrative procedure established by the TEU or TFEU or legal acts of the Union;

(b)

meetings held with:

(i)

social partners acting as participants in social dialogue pursuant to Article 154 of the TFEU;

(ii)

natural persons acting in a strictly personal capacity and not in association with others;

(iii)

public authorities of Member States, including their permanent representations and embassies, at national and subnational level;

(iv)

associations and networks of public authorities at Union, national or subnational level, on condition that they act exclusively on behalf of the relevant public authorities;

(v)

intergovernmental organisations, including agencies and bodies emanating from them;

(vi)

public authorities of third countries, including their diplomatic missions and embassies, except where such authorities are represented by legal entities, offices or networks without diplomatic status or are represented by an intermediary, as defined in point (e) of Article 2 of the Interinstitutional Agreement;

(vii)

political parties, with the exception of any organisations created by or affiliated with political parties;

(viii)

churches and religious associations or communities as well as philosophical and non-confessional organisations referred to in Article 17 of the TFEU, with the exception of offices, legal entities, or networks created to represent churches, religious communities or philosophical and non-confessional organisations in their relations with the Union institutions, as well as their associations;

(c)

meetings held in the framework of the provision of legal and other professional advice, where:

(i)

it consists of representing clients in the context of a conciliation or mediation procedure aimed at preventing a dispute from being brought before a judicial or administrative body;

(ii)

the advice is given to clients to help them ensure that their activities comply with the existing legal framework;

(iii)

it consists of representing clients and safeguarding their fundamental or procedural rights, such as the right to be heard, the right to a fair trial, and the right of defence in administrative proceedings, and includes activities carried out by lawyers or by any other professionals involved in representing clients and safeguarding their fundamental or procedural rights;

(d)

meetings organised for the purposes of making submissions:

(i)

as a party or a third party in the framework of a legal or administrative procedure established by Union law or by international law applicable to the Union;

(ii)

based on a contractual relationship with the Commission or based on a grant agreement financed by Union funds;

(iii)

in response to direct and specific requests from the Commission, its representatives or staff, for factual information, data or expertise.

Article 4 Information on meetings

1.   Members of the Commission shall make public information on all meetings that they and/or members of their Cabinet hold with interest representatives, in accordance with the provisions of this Decision.

2.   The information to be made public shall consist of:

(a)

the date of the meeting;

(b)

the location of the meeting;

(c)

the name of the Member of the Commission and/or of the member(s) of their Cabinet;

(d)

the name(s) of the interest representative(s);

(e)

the subject matter of the meeting.

Article 5 Minutes of meetings

1.   Minutes shall be taken of all meetings that Members of the Commission and/or members of their Cabinet hold with interest representatives.

2.   Members of the Commission shall make public the minutes of meetings, in accordance with the provisions of this Decision.

3.   The minutes of a meeting shall be drawn up as a single document including:

(a)

the information set out in Article 4(2);

(b)

main points raised and positions expressed at the meeting;

(c)

conclusions from the meeting, where applicable.

Article 6 Publication

Without prejudice to Article 7, the information set out in Article 4(2) and a document drawn up in accordance with Article 5(3) shall be published in a standardised format on the official websites of the Members of the Commission within a period of 2 weeks following the meeting.

Article 7 Personal data of individuals attending meetings

The personal data of individuals (acting on behalf of interest representatives) or Commission staff (other than members of the Cabinets and Commission staff holding management functions) attending meetings shall not be made public.

Article 8 Final provisions

1.   This Decision shall replace Commission Decision 2014/839/EU, Euratom  ( 5 ) , the effects of which shall cease to apply from the date of entry into force of this Decision.

2.   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union .

3.   It shall apply from 1 January 2025.