Tuesday

28th Mar 2017

Oettinger flight was not a meeting, commission says

  • The Commission sees no problem with Oettinger flying with a lobbyist, says transparency rules don't apply here (Photo: European Commission)

The European Commission stood by German commissioner Guenther Oettinger on Thursday (17 November), saying that his flight with a lobbyist in May was not a meeting that fell under EU ethics and transparency rules.

Oettinger has come under pressure for flying from Brussels to Budapest on 18 May to a conference the next day on the private jet of Klaus Mangold, a German businessman and lobbyist advocating for lifting EU sanctions on Russia.

Dear EUobserver reader

Subscribe now for unrestricted access to EUobserver.

Sign up for 30 days' free trial, no obligation. Full subscription only 15 € / month or 150 € / year.

  1. Unlimited access on desktop and mobile
  2. All premium articles, analysis, commentary and investigations
  3. EUobserver archives

EUobserver is the only independent news media covering EU affairs in Brussels and all 28 member states.

♡ We value your support.

If you already have an account click here to login.

Oettinger says he made the flight on the invitation of the Hungarian government.

The commission's spokesman said that the transportation did not constitute a gift, which commissioners are not allowed to accept, nor did the two-hour journey count as a meeting with a lobbyist.

"He [Oettinger] had to opt for this type of transport as he received an invitation to meet one of the 28 heads of state or government, and the only possible way to do it was to accept the invitation from the Hungarian government [which] offered him this specific kind of transport," Margaritis Schinas said.

"This would not be seen as a conflict of interest," he added.

He said that a meeting was not the same as a journey.

"It’s one thing a meeting planned with someone falling under the transparency rules, and it’s different travelling …There is a clear difference between a meeting and a journey," the spokesman said.

Schinas also said that the commission's transparency rules did not apply in Oettinger's case.

"It was not a meeting that falls under the very specific requirements of code of conduct or transparency registry, it was not in the commissioner’s competence, because he is on the digital agenda, and the gentleman in question [Mangold] is not connected to the digital agenda, and in any case, this was an offer from the Hungarian government," he said.

In Budapest, the prime minister's chief of staff, Janos Lazar, told journalists that Mangold had been recently helping the Hungarian government with digital issues, however.

He said that it was Mangold who recommended to Hungarian authorities to organise conferences on the issue in May, and again on Thursday (17 November), which commissioner Oettinger attended.

'Ludicrous' interpretations

Lobby watchdogs have criticised the commission's response.

"The commission's explanation that there is no obligation to declare meetings that fall outside of the commissioner's portfolio, is simply incorrect," Daniel Freund, Transparency International's head of advocacy on EU integrity, told EUobserver.

"The commission's interpretation of the transparency rules is ludicrous," Vicky Cann, of the Corporate Europe Observatory, told this website.

"The commission's rules from 2014 clearly state that ‘members of the commission shall make public information on all meetings held by them ... with organisations or self-employed individuals'," Freund pointed out.

He said that "there is no exception with regards to what falls outside of their portfolio, only purely personal meetings and a very restricted group of actors such as political party representatives could be exceptions."

"I don't understand which exception Mangold would fall into," the transparency expert said.

"The only scenario where this could be the case is if Oettinger and Mangold talked only about the weather during the flight, which I find highly unlikely," Freund added.

He noted that "who arranged the trip does not really matter. What matters is who paid the gift. If you are suggested to accept a gift, you are still breaking the rules if you accept it. As far as the explanations from the commission go, it still seems that Oettinger broke both lobby and ethics rules."

Corporate Europe Observatory's Vicky Cann said that in any case, "commissioners share collective responsibility so it is not possible to clearly limit transparency requirements by portfolio."

"Any discussions on EU policy between a commissioner and third party interests while sharing a private jet should clearly be seen as lobbying. After all, Oettinger was not going on holiday on a commercial flight. He was flying, as a commissioner, on a private jet, to attend an official meeting," she said.

Lobbyist and advisor

Oettinger said that the flight on Mangold's plane was proposed and also paid for by the Hungarian government.

Questioned by journalists, prime minister Viktor Orban’s chief of staff Janos Lazar indicated that the government has had a framework agreement with Klaus Mangold’s consultancy firm for the past six or seven years.

He added that under the agreement with Mangold, the Hungarian government asked the German businessman to help organise the May conference on the future of cars in Budapest, to which Oettinger went.

Lazar said that the Hungarian state has no plane and that the use of Mangold's plane “fits into” the general agreement with him, if the government asks for it.

He declined to reveal the value of the contract between the Hungarian government and Mangold, whom he called a "friend and advisor" to the cabinet.

He said that Orban asked for a dinner with Oettinger on digital issues. "I think it [the invitation] was sent out weeks before," Lazar said, referring to the 18 May evening dinner.

"It was not easy to organise," he added. "We have asked him [Mangold] to help organising the dinner and suggested to Oettinger to come together to discuss digital issues," Lazar told journalists.

Even after possible weeks of planning, the Hungarian government's offer seemed to have surprised the commission.

"This was something offered by the Hungarian government, it was unexpected, it wasn’t planned, and it was something offered to make this meeting possible," the commission’s spokesman, Schinas, said.

'Petty revenge'

Lazar called the issue a “petty revenge” by Hungarian Green MEP Benedek Javor for having failed to derail the extension of the Paks nuclear plant, a project known as Paks II.

Javor earlier suggested that the controversial Russian-built extension of Hungary’s only nuclear plant was discussed by Oettinger, a former energy EU commissioner, Mangold and Orban.

Both the commission and the Hungarian government have denied the Paks II claim.

Javor, along with the Green EU parliament group leader Rebecca Harms, revealed Oettinger's flight in July when they sent a written question to the commission.

The commission on Thursday (17 November) ended one of the probes into the Paks II plant, closing an infringement case against Hungary on EU public procurement rules.

The case was opened a year ago, because Hungary did not hold an open tender when it hired Russia’s Rosatom to expand the Paks nuclear power plant.

The commission said the direct award to Rosatom was compatible with EU rules "on the grounds that Hungary has sufficiently justified the need to apply the technical exclusivity provision."

The commission also said Hungary has "committed to ensuring that most of the other parts of the project will be subcontracted respecting transparency, equal treatment and non-discrimination."

Another commission probe is still ongoing on possible illegal state aid in the Paks II case.

Investigation

MEPs criticise Oettinger's 'judgement'

The German commissioner says it was normal to travel by a private jet owned by a German businessman. MEPs, with the exception of Oettinger's own EPP group, are gearing up to grill him.

Investigation

German EU commissioner rejects wrongdoing

Oettinger said he used pro-Russia lobbyist's jet because it was the only way to make dinner in Budapest, but who paid for the trip?

Investigation

Oettinger left no trace of VW Dieselgate meeting

EU commissioner for the digital economy and society, Guenther Oettinger, met with German carmakers in January to discuss "diesel emissions", even though the topic is not in his portfolio.

Rome summit tries to restart EU momentum

EU 27 leaders in Rome to celebrate the 60th anniversary of the signing of Treaty of Rome, in bid to counter rising challenges after Brexit. But new ideas are scarce.

Stakeholders' Highlights

  1. Belgrade Security ForumCall for Papers: European Union as a Global Crisis Manager - Deadline 30 April
  2. European Gaming & Betting Association60 Years Rome Treaty – 60 Years Building an Internal Market
  3. Malta EU 2017New EU Rules to Prevent Terrorism and Give More Rights to Victims Approved
  4. European Jewish Congress"Extremists Still Have Ability and Motivation to Murder in Europe" Says EJC President
  5. European Gaming & Betting AssociationAudiovisual Media Services Directive to Exclude Minors from Gambling Ads
  6. ILGA-EuropeTime for a Reality Check on International Day for the Elimination of Racial Discrimination
  7. UNICEFHuman Cost to Refugee and Migrant Children Mounts Up One Year After EU-Turkey Deal
  8. Malta EU 2017Council Adopts New Rules to Improve Safety of Medical Devices
  9. Nordic Council of MinistersNordic Energy Research: How to Reach 100 Percent Renewable Energy
  10. Party of European SocialistsWe Must Renew Europe for All Europeans
  11. MEP Tomáš ZdechovskýThe European Commission Has Failed in Its Fight Against Food Waste
  12. ILGA-EuropeEP Recognises Discrimination Faced by Trans & Intersex People

Stakeholders' Highlights

  1. Nordic Council of Ministers25 Nordic Bioeconomy Cases for Sustainable Change
  2. European Free AllianceSupporting Artur Mas: Democracy and Freedom Cannot Be Convicted
  3. UNICEFSyria Conflict 6 Years On: Children's Suffering at Its Worst
  4. International Partnership for Human RightsDomestic Violence in Tajikistan: Time to Right the Wrongs
  5. European Trust SummitCorporate Strategy and Public Affairs in a Low-Trust World - Conference 31 May
  6. Malta EU 2017Agreement Reached to Involve Consumers in Financial Services Policymaking
  7. Nordic Council of MinistersNordic Cities Gather Against Violent Extremism & Introduce Nordic Safe Cities
  8. World VisionFears and Dreams of Syria's Children and Their Peers Around the World
  9. Malta EU 2017Maltese Presidency and EP Agree on Visa Liberalisation for Ukraine
  10. Mission of China to the EUEU Window Chinese Government Academic Scholarship 2017/18 - Apply Now
  11. Nordic Council of MinistersNordic Countries Lead the Way on Women's Economic Empowerment
  12. Center for Data InnovationBuilding Smart Cities for Tomorrow's Data Economy – 28 March - Brussels