"We take note of the regret you have expressed regarding the late notification of this new activity and your undertaking to exclude any form of lobbying of the Commission in the course of this new activity. The Commission is pleased to authorise this activity, in the light of your undertaking, but subject to further conditions that, for a period of eighteen months as from this decision: you will not in the course of your new professional activities, establish contacts with or approach the services that came under the authority of Vice-President Verheugen or any of your former colleagues who were members of his cabinet; you will not advise companies who have been addressees or beneficiaries of any indivdual decision prepared by those services under the authority of Vice-President Verheugen”. The Commission continues to "have the right to apply Article 16 ex post to any situation in which it considers that there is a risk for the legitimate interests of the Institution".
In 2010, both Dr Erler and Commissioner Verheugen left the Commission and in April 2010 set up the European Experience Company (EEC) which apparently offers “creative solutions and the best strategy for your success in dealing with European institutions”. Erler is listed as managing director, Verheugen is a 50 per cent shareholder. Yet neither Erler nor Verheugen applied to the Commission for authorisation to set up the EEC until the media started to raise the issue. Erler only submitted an application for authorisation on 30 August 2010. According to the EEC’s own website, the company undertakes activities on behalf of clients, such as: “intensive management seminars … in cooperation with experts from European institutions; analytical background papers and strategy recommendations in the area of EU-policy; support for your public relations endeavours in European affairs”. Many people would consider that this was assisting with lobbying and providing lobby advice.
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
"The Commission failed to apply any sanction on Dr Erler for her late notification of her new professional activities. They also failed to place sufficient conditions on her to prevent conflicts of interest from arising through her role at the European Experience Company. A full cooling off period or ban for 2 years would have been more effective in reducing the risk of conflicts of interest".