Corporate Europe Observatory

Exposing the power of corporate lobbying in the EU

RevolvingDoorWatch cases

Luc Werring

Nationality: Netherlands

Former employer: DG Transport and Energy (for 23 years), Principal adviser to the Director-General

Date: December, 2007

New employer: Hill & Knowlton (lobby consultancy), Senior adviser on transport, energy and environment

Institutional reaction:

"I have the pleasure of informing you that these activities can be authorised as long as you do not deal with affairs with which you have knowledge through your work at DG Tren and which risk being incompatible with the legitimate interests of the institution. In particular, you must abstain from working on or giving advice on any affairs which you worked on yourself or which the service under your responsibilty worked on. This particuarly concerns legislative dossiers or others which remain open".

Comment from CEO:

"CEO considers that Mr Werring should have been subject to a full cooling off period or ban for 2 years, to adequately tackle the risk of conflicts of interest".

Other info:

Hill & Knowlton’s clients include Cathay Pacific, European Express Association, Japan Automobile Manufacturers’ Association, Japan International Transport Institute, and the Port of Rotterdam, all of which are likely to have major interests in the Commission’s transport and energy policies. (Source: EU transparency register)More information is available in the ALTER-EU report: Block the revolving door - why we need to stop EU officials becoming lobbyists: http://www.alter-eu.org/revolving-doors

Michel Petite

Nationality: France

Former employer: Legal Service - European Commission, Director-General (for 6 years)

Date: January, 2008

New employer: Clifford Chance, Of Counsel

Institutional reaction:

"The activity of being legal counsel can be authorised. You are not authorised to intervene in any affair or dossier for which the Legal Service had connection during the time that you were exercising your functions of Director-General. You will also abstain from having any professional contact with former colleagues. The period is fixed for one year".  

Comment from CEO:

"A two year cooling off period or ban on Mr Petite joining Clifford Chance would have been far more effective in reducing the risk of conflicts of interest. This is especially considering that at Clifford Chance, Mr Petite works on antitrust, competition, trade, litigation and dispute resolution issues."

Other info:

Michel Petite is also a former legal adviser to three Commission Presidents: Jacques Delors, Romano Prodi (as head of cabinet), and José Manuel BarrosoIn 2008, the Worst EU Lobby Awards (run by Friends of the Earth Europe, Lobbycontrol, Spinwatch and CEO) to highlight excessive corporate influence in Brussels) nominated Michel Petite for the conflicts of interest provoked by his move through the revolving door to Clifford Chance.More information is available in the ALTER-EU report: Block the revolving door - why we need to stop EU officials becoming lobbyists: http://www.alter-eu.org/revolving-doors

updated

Suzy Renckens

Nationality: Belgium

Former employer: European Food Safety Authority, Head of GMO unit (for 5 years)

Date: May, 2008

New employer: Syngenta, Regional Manager for Biotechnology Regulatory Affairs

Institutional reaction:

EFSA approved this role without restrictions. 

Comment from CEO:

"CEO is very concerned about how EFSA handled this revolving door case and considers that a cooling off period of two years would have been appropriate. We therefore welcome the European Ombudsman's 7 December ruling on this case which showed up the inadequacies of EFSA's approach to revolving door cases. EFSA should look carefully at the ruling and introduce a far stricter approach to conflicts of interest in the future. The Ombudsman makes some important recommendations which should lead to changes in how revolving door rules are implemented across all EU institutions, including at the Commission and at EFSA. We continue to see further scandalous revolving doors cases and it is vital that the EU institutions, starting with the Commission, put improved rules and procedures in place to prevent future conflicts of interest, including a proper cooling off period. It is time for a new start. No more business as usual. We await with interest the report by the European Court of Auditors which has been exploring how several European agencies, including EFSA, handle conflicts of interest. This report is due in February 2012."

Other info:

Testbiotech has complained about the way the that the Renckens revolving door case was handled by EFSA and a very damning ruling by the European Ombudsman on this complaint was made on 7 December 2011. It said that EFSA's stated mission was to ensure that Europe's food is safe but pointed out that "the fulfillment of this mission is not only endangered in cases where actual conflicts of interest are tolerated, but also where EFSA's approach gives rise to the impression that it failed properly to assess a possible conflict of interest". The Ombudsman has told EFSA to "strengthen its rules and procedures with regard to negotiations by serving staff members concerning future jobs of the 'revolving doors' type ... EFSA should acknowledge that it failed to observe the relevant procedural rules and to carry out a sufficiently thorough assessment of the potential conflict of interest arising from the move of a former member of its staff to a biotech company". It also sets out recommendations for how EFSA, and presumably all other EU institutions, should handle such revolving door cases in the future. (Source: European Ombudsman's ruling 7.12.11)More information is available in the ALTER-EU report: Block the revolving door - why we need to stop EU officials becoming lobbyists: http://www.alter-eu.org/revolving-doors

John Richardson

Nationality: Britain

Former employer: DG Maritime Affairs (for 35 years), Head of maritime policy taskforce

Date: September, 2008

New employer: Fipra (lobby consultancy), Special adviser - maritime policy and diplomacy

Institutional reaction:

"I am pleased to inform you that the Appointing Authority gives your its approval to carry out this activity, as described in your request".

Comment from CEO:

"Fipra has recruited at least three people from DG Mare; clearly this is not unrelated to the fact that one of its clients is Royal Carribean Cruises. All three should have been subject to a cooling off period or ban before being allowed to join a lobby consultancy".

Other info:

Fipra’s biggest client is RCCL (Royal Caribbean Cruises), the world’s second largest cruise firm which provided 400 000 – 450 000 euros of Fipra’s turnover in 2010. Richardson was joined at Fipra by his former boss, the Maltese ex-Commissioner for DG Mare Joe Borg in August 2010. Also at Fipra is his former colleague Nathalie Hesketh who joined in January 2009 as an account manager after nearly four years working at DG Mare including as a member of John Richardson's task force responsible for developing a maritime policy for the EU, and in the unit responsible for maritime policy development and coordination.More information is available in the ALTER-EU report: Block the revolving door - why we need to stop EU officials becoming lobbyists: http://www.alter-eu.org/revolving-doors

updated

Magnus Ovilius

Nationality: Sweden

Former employer: DG Justice, Freedom and Security, Head of Sector, Preparedness and Crisis Management

Date: December, 2008

New employer: Smiths Group, Senior Vice President Government Relations

Institutional reaction:

CEO has requested relevant documents relating to this revolving door case, but the Commission has so far refused to release any documents relating to Mr Ovilius's move to Smiths Group plc. On 2 May 2012, the Commission clarified that Mr Ovilius "objected to the disclosure of these documents". However, the Commisison has confirmed that it approved Mr Ovilius's move, via a sabbatical, to Smiths Group in November 2008 and that they banned him from having contact with colleagues at the former DG Justice, Freedom and Security for a period of six months. The Commission has also told CEO that they have continued to approve Mr Ovilius's sabbatical every year since 2008.

Comment from CEO:

"Mr Ovilius's move through the revolving door case provokes important questions about conflicts of interest, especially as we now learn that Mr Ovilius is on sabbatical from the Commission which means that he can return there from his new role at Smiths Group at any moment. In CEO's view, the Commission's ban on Mr Ovilius from contacting members of his former DG for six months, was not sufficient to prevent the risk of potential conflicts of interest from occurring in this case".

Other info:

Martin Ehrenhauser MEP has raised this revolving door case with the Commission via a parliamentary question, particularly to explore possible conflicts of interest between Mr Ovilius's former role at the Commission where he says he was responsible for "formulation, implementation and evaluation of European Union counter-terrorism policies including defence related aspects of counter-terrorism, law enforcement led civil protection, critical infrastructure protection, crisis management, CBRNE policies, G8 Roma/Lyon meetings and Security Research", and his role at Smiths Group.In its response, the Commission makes clear that, since December 2008, Mr Ovilius has been on leave on "personal grounds" (or on sabbatical) which is extended by the Commission on a yearly basis. As Mr Ovilius is on sabbatical, he has the automatic right to return to his old job at the Commission. Mr Ovilius has so far worked for the Commission for a total of 12 years.Smiths Group is a technology company and produces technologies including for the security sector. According to the Commission's response to Mr Ehrenhauser, Smiths Group has been participating in meetings at the Commission on the specific topic of body scanners in 2008, 2009 and 2010.

updated

Derek Taylor

Nationality: Britain

Former employer: DG Transport and Energy, Energy adviser

Date: August, 2009

New employer: Burson-Marsteller (lobby consultancy), Adviser on energy issues

Institutional reaction:

"I regret that you have not introduced your request for authorisation in accordance with the provisions of Article 16 of the Staff Regulations. Nevertheless, despite the late introduction of your request, I can inform you that the Appointing Authority, as from the date of this decision, gives you its approval to carry out this activity, as described in your request".

Comment from CEO:

"CEO was shocked to learn how this case was handled by the Commission. Mr Taylor only applied for authorisation once CEO raised the case with the Commission. His request was more than two years late and appears to constitute a serious breach of the rules. Taylor's work at Burson-Marsteller, and his other paid energy interests, constitute a real risk of conflicts of interest with his former work at the Commission and we consider that he should have been subject to a full cooling off period or ban for 2 years and sanctions for his non-compliance with the rules. Instead, the Commission seems entirely unconcerned by this revolving doors case. This case shows the stark reality of the Commission's handling of the revolving door".

Other info:

In total Mr Taylor worked for the Commission for 25 years until 2009.Mr Taylor's request for authorisation for his subsequent roles, which was submitted more than two years late, sets out various roles. He has his own consultancy group called DMT Energy and it has longterm contracts with Bellona Europe, Burson-Marsteller, and the Global Carbon Capture and Storage Institute.Burson-Marsteller’s clients with an interest in energy policy include: Suez Environnment, Exxon Mobil Chemical, European Small Volume Car Manufacturers Alliance, Camfil Farr and the European Roundtable of Industrialists. (Source: EU Transparency Register) More information is available in the ALTER-EU report: Block the revolving door - why we need to stop EU officials becoming lobbyists: http://www.alter-eu.org/revolving-doors ALTER-EU has now submitted a complaint to the Commission about how it has handled this revolving door case.

updated

Jean-Philippe Monod de Froideville

Nationality: Netherlands

Former employer: DG Competition, Personal adviser to Commissioner Neelie Kroes (for 2 years)

Date: November, 2009

New employer: Interel (lobby consultancy), Associate director for competition

Institutional reaction:

"I am pleased to inform you that the Appointing Authority gives you its approval to carry out this activity, as described in your request".

Comment from CEO:

"CEO considers that the Commission should have imposed a cooling off period or ban for two years on the acceptance of this job. There is a direct link between Mr Monod de Froideville's responsibilities at DG Competition and his new role at Interel which should have been subject to regulation".

Other info:

Monod de Froideville was a member of Competition Commissioner Neelie Kroes’ cabinet where he advised on mergers and acquisitions in the financial services and health-related markets. He now works for Interel whose clients include many in the finance and health sectors including: ABI - Association of British Insurers, Bank of America, Bupa, GSK and Mundipharma.The managing director of Interel’s Brussels office has praised Monod de Froideville’s “strong network within the EU institutions” and called him a “tremendous asset to our clients”. ALTER-EU has now submitted a complaint to the Commission about how this revolving door case was handled.More information is available in the ALTER-EU report: Block the revolving door - why we need to stop EU officials becoming lobbyists: http://www.alter-eu.org/revolving-doors

updated

Mårten Westrup

Nationality: Sweden

Former employer: DG Enterprise (for 27 months), Policy officer and Legal officer

Date: December, 2009

New employer: BusinessEurope, Adviser - Industrial Affairs Committee (climate change)

Institutional reaction:

The Commission did not examine Westrup’s job move under the revolving door rules. This is due to a decision by the Commission to exempt contract staff from some elements of the Staff Regulations. According to the Commission, Westrup did not have access to “sensitive information” during his time at the European Commission, which meant that he did not require the Commission’s permission to go through the revolving door.

Comment from CEO:

"It is a major loophole in the revolving door rules that contract staff are not automatically included. Mr Westrup worked for DG Enterprise for 27 months in significant roles. This move through the revolving door should have been fully scrutinised and we consider that it should have been subject to a cooling off period or ban, especially considering that he was moving to BusinessEurope which is Brussels' largest lobby organisation".

Other info:

During his time at BusinessEurope, Mr Westrup lobbied former colleagues at DG Enterprise on proposals for the emissions trading scheme.In October 2011, ALTER-EU submitted a complaint to the European Commission about the way in which it has handled this revolving door case.  More information is available in the ALTER-EU report: Block the revolving door - why we need to stop EU officials becoming lobbyists: http://www.alter-eu.org/revolving-doors

Erika Mann

Nationality: Germany

Former employer: European Parliament, Member of European Parliament (for 10 years)

Date: December, 2009

New employer: Computer and Communications Industry Association, Executive Vice President

Institutional reaction:

None. As a former MEP, Ms Mann does not need authorisation for her subsequent activities.

Comment from CEO:

“There are currently no rules governing the revolving door for former MEPs and CEO regrets this. We consider that there should be a two year cooling-off period for ex-MEPs wishing to enter lobbying or consultancy roles, as a significant number of MEPs go onto this kind of work. Nonethless, CEO welcomes the fact that under the new Code of Conduct for MEPs, ex-MEPs who become lobbyists will have to surrender their lifelong access pass to the European Parliament for the duration of that work.”

Other info:

Since November 2011, Ms Mann has been the lead spokesperson for EU institutions for Facebook. Erika Mann “will also be an important contributor to the Facebook public-policy programme across the member states of the EU” (Source: Public Affairs News)While she was an MEP, Ms Mann was a member of several MEP-industry fora including the Transatlantic Policy Network (TPN) and the Kangaroo group where she was a member of the board of the Working Group on Telecoms & Information Society. She was also a founding member and co-chair of the European Internet Foundation and was a member of the board in the Information Society Forum of the European Commission.

Mogens Peter Carl

Nationality: Denmark

Former employer: DG Environment, Director-General (for 4 years)

Date: February, 2010

New employer: Kreab Gavin Anderson (lobby consultancy), Senior Adviser

Institutional reaction:

"I have the pleasure to inform you that there is no incompatibility between the prescribed regulations and the activities that you have described in your application dated 11/11/2009, and they can be authorised".

Comment from CEO:

"The activities mentioned by Mr Carl as part of his tasks at KGA included “strategic consulting on international economic relations including energy issues” and his employment at Kreab (as a lobbyist / lobbying adviser, including on energy issues) is clearly related to the work he has carried out during his recent time at the Commission. CEO considers that the Commission could – and should - have introduced a cooling off period or ban for 2 years before allowing Mr Carl's job move. In April 2010, CEO complained to the Commission about this case and the extent to which Article 16 had been fully applied. The Commission rejected the complaint."

Other info:

Kreab Gavin Anderson is one of the EU's biggest lobby consultancies. Kreab lobbies the EU institutions on behalf of numerous companies with huge interests in the policies that Carl used to deal with, including chemical producer ICI and vehicle company Scania. (Source: EU Transparency Register)Before joining DG Environment, Mr Carl was previously Director-General at DG Trade (2000-2005).More information is available in the ALTER-EU report: Block the revolving door - why we need to stop EU officials becoming lobbyists: http://www.alter-eu.org/revolving-doors

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Corporate Europe Observatory (CEO) is a research and campaign group working to expose and challenge the privileged access and influence enjoyed by corporations and their lobby groups in EU policy making.

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