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9 an exemplification.23 In particular, officials shall not give “preferential treatment on any grounds whatsoever.” Decisions influenced by lobbying could therefore conflict with those standards. It is therefore safe to assume that transparency concerning lobbying activities would contribute to an “open, efficient and independent European administration.” Article 298 TFEU was introduced in the TFEU to have a legal basis for the regulation of general EU administrative law and therefore to regulate the administration.24 It needs to be determined whether this provision could also be used to regulate the activities of others which might influence the administration. This requires an interpretation of the term “provisions to that end” in Article 298 (2) TFEU. The end mentioned is that the “institutions, bodies, offices and agencies of the Union” have “the support of an open, efficient and independent European administration”. The wording of the Article is not limited to rules addressing the administration only even though this would seem to be his primary focus. Yet, any provision which supports the establishment of an open and independent European administration can be based on Article 298 (2) TFEU. Regulating the behaviour of lobbyists which address entities and institution of the European administration as defined above could therefore be based on Article 298 (2) TFEU. This would, however, not apply to lobbying activities which target law-makers as they are engaged in legislation and not administration. In sum, it seems possible to base binding rules and the requirement to register for those lobbying activities which relate to European administration. However, as this would exclude the Members of the Parliament as they are not part of the administration in the meaning of Article 298 TFEU. Consequently, Article 298 (2) TFEU by itself would not be sufficient for a regulation which extends to all lobbying activities at the EU level. A regulation of this kind would be adopted in accordance with the ordinary legislative procedure as stipulated in Art. 298 (2) TFEU. The ordinary legislative procedure is specified in Article 294 TFEU. It requires a proposal from the European Commission and a decision of the European Parliament and the Council who act as joint legislators. In this context, the Council would generally decide by qualified majority voting (Art. 16 (3) TEU). It should be noted that the European Commission could be invited to consider a proposal of this kind on the basis of a European Citizen Initiative as stipulated in Article 11 (4) TEU and Article 24 23 Article 8 - Impartiality and independence: “1. The official shall be impartial and independent. The official shall abstain from any arbitrary action adversely affecting members of the public, as well as from any preferential treatment on any grounds whatsoever. 2. The conduct of the official shall never be guided by personal, family or national interest or by political pressure. The official shall not take part in a decision in which he or she, or any close member of his or her family, has a financial interest.” Article 9 – Objectivity: “When taking decisions, the official shall take into consideration the relevant factors and give each of them its proper weight in the decision, whilst excluding any irrelevant element from consideration.”, see The European Code of Good Administrative Behaviour, available from http://www.ombudsman.europa.eu. 24 Eva Nieto, Relevant Provisions of the Lisbon Treaty on EU Administrative Law, Note to the European Parliament, PE 432.744, 2010, p. 8 f..

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