8 Three aspects are relevant in the present context: First, which institutions fall under the term “European administration”? Second, what do the terms “open” and “independent” mean?19 And most importantly, third, can Article 298 TFEU only be used to regulate the administration or can it also be used to regulate the conduct of other individuals in the context of negotiations? The term “European administration” in the context of Article 298 refers to all forms of administration at the European level.20 From an institutional perspective, this includes the two organs mostly associated with administrative and executive power in the EU, the Council and the Commission and their administrative units, but also all agencies or other independent institutions engaged in administrative tasks.21 As Article 298 refers to all EU organs, the term European administration also includes the administrative units of the European Parliament. A more difficult question concerns whether the term “European administration” also includes the Members of the European Parliament who are predominantly engaged in legislative activities. From the perspective of the classical doctrine of the separation of powers, such an understanding of “administration” does not seem to comply with the ordinary meaning of the term. It is therefore doubtful whether a legal measure based on Article 298 TFEU could also cover legislative activities of the Members of the European Parliament. Consequently, a binding regulation with this legal basis would not cover all lobbying activities in the EU context. Openness in the context of Article 298 TFEU refers to the general notion of transparency of the administration and is connected with the EU’s principle of transparency as enshrined in Article 11 TEU and Article 15 TFEU.22 Article 15 (1) states that “the Union institutions, bodies, offices and agencies shall conduct their work as openly as possible.” It should be noted that a binding lobbying register does not restrict the openness of the European administration as it does not generally limit the access of businesses, citizens and their associations to the European institutions. Instead it only requires that such access and related activities are based on the principle of transparency. Independence relates to objective and impartial decision-making by individual officials. Articles 8 and 9 of the European Code of Good Administrative Behaviour could be used as 19 Arguably, the notion of an „efficient“ administration is less relevant in the context of the regulation of lobbying. 20 Markus Krajewski/Ulrich Rösslein, Art. 298 TFEU, No. 10, in: Eberhard Grabitz/Meinhard Hilf/Martin Nettesheim (eds), Das Recht der Europäischen Union, München 2012. 21 Herwig Hofmann/Gerard C. Rowe/Alexander Türk, Administrative Law and Policy of the European Union, Oxford 2011, p. 11-12. 22 Krajewski / Rösslein, above note 20, No. 18.