HMT EU Negotiations Seminar

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Slides of workshop on EU negotiations in UK HMT, London February, April and May
- with Jon Worth

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  • Relevant for all pieces of written work. ABC – not cos it’s so easy to write a brief… Accurate – info given must be reliable; briefer should take care to distinguish fact from opinion Brief – senior people haven’t got time to read or listen for long Clear – should be able to take it in 1 st time – Mins often read material late at night with tired eyes and minds.
  • Put yourself in their shoes… Ask Private Office. Minister going to the official opening of an NHS treatment centre in his own constituency that he’d helped set up – brief was over 70 pages long, and focused on giving info on the area, background on the treatment centre. DIDN’T SAY – was it working well, did people like it, impact on the A&E centre. If your boss asked you to go to x tomorrow, what would your first question be? Why, who – and the logistics – how, what time, where exactly? Over 50% of briefs and subs don’t answer the why. Musts – the brief must include these items, without which the person being briefed can’t understand what it’s about (these are the things you’d tell them if you only had 2 mins to make them understand) Shoulds – They really ought to know these things if they are to understand the subject properly Coulds – things that are nice to know but can be left out – what’s the effect if you start with all the coulds? ‘My dog was sick, then he swallowed the car keys, then I had to take him to the vet’s, then another dog attacked him at the vet’s, then my car broke down, so can you go to the meeting in my place?’ People tend to sit at computer and start typing, then delete lots.
  • Psychologically we’re programmed to finish a task, but if you don’t think you have time, .you don’t even start it Meetings every half hour, reading in back of a car, late at .night
  • Short-term memory holds 5 points + or – 2. So, if interesting, might take in 7, if boring 3. If stop and think after each para, goes into your long-term memory. When reading at speed, people only read top line of each para – journo technique. Footnotes take eye off page. Good brief like a pyramid/running up a hill with really important news.
  • Doesn’t mean dumbing it down – there was a flood. It was a big flood. People’s houses got wet. Capacity building, resources… do we have a shared understanding? A Group of about 10 officials in Dfid was asked to define these – 10 different definitions. Glossary at the front? If you don’t use an acronym for 5 pages, spell it out again. Triggers an image – concrete nouns that you perceive through your senses.
  • Agree Decide Involve Can Arrange Provide Allow Consider Agrees Thinks/believes Discuss Talk to
  • Because Because Mostly If Except No [now] By Costs Although While To/for And/with May/might/could Often After If so, Whether Until quickly
  • Passives can be confusing, often make writing more long-winded and make writing less lively. A rubbish lyric. Where can you put the full stop? In our rush to be concise, we stop too soon. What knowledge? Who with? How? By whom? Grumpiest reader ever – shut the door.
  • Gap between intention and results (e.g. between intending to legislate on quality standards for bananas only to find you have inadvertently required all farmers to wear hair-nets) comes from a number of sources: The complexity of the leg. Process The way that texts are redrafted by different groups of people (Cion, Council, EP) who often don’t know why the previous lot used particular wording The technical challenge posed by many subjects The use of multiple languages and national variations The desire for difficult decisions to be fudged to help find a compromise
  • Why would they want to see you? They have to, they want to, they want something in return At early stages, focus on DOs in Cion, officials from MS admins, maybe researchers for interested MEPs Later on approaches to senior officials and politicians might be needed to break the deadlock or win a difficult point Should also consider those outside the negotiation who are likely to have an influence – journos, pressure groups, trade associations and major companies
  • Most Presidencies use the 1 st of the 2 Councils held in their 6mth term to prepare the ground on the more contoversial proposals for agreement at the 2 nd .
  • ) Press Reaction on Impact Assessment The 1991 Directive aimed to reduce the amount of mercury and other heavy metals in batteries and intended to encourage battery recycling. However, the Directive had a limited scope and is being revised to include collection and recycling targets for batteries. The first draft of the revised Battery Directive is expected to be published this month. It had been expected that the revision of the Directive would require a ban on nickel cadmium batteries, but following an Enhanced Impact Assessment (EIA), such a ban was not found to be justified. Commenting on the revision to the Directive, the chair of the European Parliament's environment committee, Dr Caroline Jackson MEP, said: "The EIA has apparently shown no justification for a ban on nickel cadmium batteries as originally proposed by the Commission. Without an EIA I have no doubt that a nickel cadmium battery ban would have gone into the directive and would no doubt have been endorsed by MEPs, who wield the precautionary principle with great enthusiasm." The revision to the Battery Directive is one of the first EIAs to be carried out on forthcoming European legislation, looking into the costs and benefits of new legislation. The new assessment process is a reaction to the lack of cost appraisals of before existing environment laws were adopted, such as the WEEE Directive.
  • General Secretariat of the Council is always pressing for progress and tries to ensure that a WG doesn’t need to meet more than 3 times to discuss any 1 proposal. 1 st WG meeting consists of a general discussion of key points. Subsequent meetings, a line by line examination of Cion’s text. If all goes well, a doc produced indicating points of agreement and disagreements, and possibly reservations. Then reference of document to Coreper, perhaps via one of Council’s senior Cttees.
  • Sometimes disputes arise about correct legal base when proposal cuts across policy areas – e.g. if a MS is concerned about implications likely to prefer a procedure where unanimity rather than QMV applies in Council, whilst EP always prefers co-decision rather than consultation. Justification of proposal must be given in terms of application of the subsidiarity principle – done in EM that’s attached to each proposal. Where appropriate justification must be given in terms of environmental impact, e.g. transport and agri proposals. Finan implications for EU budget of proposal must be assessed. LOBBYING
  • Sometimes disputes arise about correct legal base when proposal cuts across policy areas – e.g. if a MS is concerned about implications likely to prefer a procedure where unanimity rather than QMV applies in Council, whilst EP always prefers co-decision rather than consultation. Justification of proposal must be given in terms of application of the subsidiarity principle – done in EM that’s attached to each proposal. Where appropriate justification must be given in terms of environmental impact, e.g. transport and agri proposals. Finan implications for EU budget of proposal must be assessed. LOBBYING
  • Corridor diplomacy - try and muscle in on any covert meetings or huddles, particularly those including the Presidency, Commission or Council Secretariat ALLIANCES – ensure you can deliver what you’ve promised, be trustworthy, coordinate positions ahead of important meetings, keep the lines of communication open, and check understanding
  • Preparation 1 – building relationships/network Preparation 2 – researching your dossier Preparation 3 – Building alliances
  • Preparation 1 – building relationships/network Preparation 2 – researching your dossier Preparation 3 – Building alliances
  • Sometimes disputes arise about correct legal base when proposal cuts across policy areas – e.g. if a MS is concerned about implications likely to prefer a procedure where unanimity rather than QMV applies in Council, whilst EP always prefers co-decision rather than consultation. Justification of proposal must be given in terms of application of the subsidiarity principle – done in EM that’s attached to each proposal. Where appropriate justification must be given in terms of environmental impact, e.g. transport and agri proposals. Finan implications for EU budget of proposal must be assessed. LOBBYING
  • Back to the presentation for a second… I’m not trying to get you to love the EU, but you do need to know about it to work successfully in a policy delivery environment
  • Especially with new UK govt next year… The Presidency and Council Secretariat produce a document a few days prior to Council, summarising outstanding issues which Ministers will need to resolve Debate will follow the arrangement in this Secretariat note, so your brief should also follow this order Must include: If long/complex, an index A summary of overall position on the negotiation The likely position of other significant member states Speaking notes Background to the proposal Latest estimate of costs and benefits, and any areas of uncertainty Detail on each remaining questions Any potential pitfalls, with defensive material Key statements or texts from earlier drafts, decisions of previous Councils, or declarations from European Councils Contact names and phone numbers, in case of unforeseen developments
  • HMT EU Negotiations Seminar

    1. 1. EU Negotiation Training Alejandro Ribo & Jon Worth
    2. 2. Winnie the Pooh was sitting at home one day,counting his pots of honey, when there was aknock at the door. It was Rabbit.‘Hello, Pooh,’ said Rabbit. ‘I’ve come to take yourhoney away.’‘Oh,’ said Pooh. ‘Whatever for?’‘Because I had a Busy Day yesterday. ImportantThings happened. I decided honey is Bad for you.And I’ve written out this Directive, and everyoneagreed, and so there we are.’‘I didn’t agree,’ said Pooh in a small voice.‘Too late for that now,’ said Rabbit. ‘Owl wrote itout in the OJ. And Christopher Robin’s ratified itby the necessary majority.’‘I suppose,’ said Pooh, ‘this just shows whathappens to Bears of Very Little Brain!’‘Negotiating in the European Union’, James Humphreys
    3. 3. Session 1Introductions
    4. 4. experience (in pairs)• Describe a negotiation experience – 1. What happened? – 2. What did you feel? – 3. What would you do differently?
    5. 5. the best (in groups)• 5 keywords describing the best five elements for negotiation e.g. resources, skills, ideas...
    6. 6. Negotiations" ... (it) is a basic means of getting what youwant from others. It is back-and-forthcommunication designed to reach anagreement when you and the other sidehave some interests that are shared andothers that are opposed.”(R. Fisher, W. Ury: 1981)
    7. 7. Session 2Introduction to Negotiations (requires Prezi, cannot print)
    8. 8. Session 3The SPACE model of negotiation (requires Prezi, cannot print)
    9. 9. Session 4Tactics, strategies and cultures
    10. 10. Take-Off : Prenegotiation1. Agreement About Need To Negotiate2. Search For Agenda3. Agree On Set Of Principles & Objectives4. Agree On Rules Of Conduct5. Explore The Field
    11. 11. Cruising : Negotiation6. Narrow Differences7. Agree On A Formula - In Principle8. Preliminaries To Final Phase Of Decision-Making9. Claiming : Carving Up
    12. 12. Landing : Implementation10. Agree On Implementation Details11. Ritualize Outcome12. Execute Outcome / Agreement***** Create Context For “Renegotiation”
    13. 13. Strategies & TacticsA. Integrative/cooperative• Step-by-step• Linkages• Package deals• Smoke-screenB. Distributive/contending/positional• Defection• Tit-for-tat – Salami – Moves
    14. 14. “Behavioural” tactics– Anchoring– Bad/Good Guy– Higher Authority– Hot Potato– Nibbling– The Other Buyer– Big Favour, Little Favour– Splitting The Difference
    15. 15. ?
    16. 16. "without communication there isno negotiation”(Fisher and Ury, 1981: 33)"in essence, internationalnegotiation is communication”(Stein, 1988: 222)
    17. 17. communication
    18. 18. communication information knowledge
    19. 19. cognitive advantage
    20. 20. “Better information gives a moreaccurate idea of where the zoneof possible agreement lies”(Carnevale, 1986: 253)
    21. 21. information management
    22. 22. language
    23. 23. formal/informal
    24. 24. written/unwritten
    25. 25. documents proposal treaties EP reportcouncil’s rules of procedure agenda
    26. 26. during negotiation written proposals interventions conversations questions / answersinformation gathering
    27. 27. value - credibility - authority
    28. 28. authority
    29. 29. expertise
    30. 30. process expertise(leadership andnegotiating skills)content expertise(technical knowledge ofthe subject matter)(Wall & Lynn, 1993)
    31. 31. leadership
    32. 32. sherpa
    33. 33. challenges(problems)
    34. 34. maps(summaries)
    35. 35. paths(solutions)
    36. 36. negotiatingskills
    37. 37. preparation
    38. 38. listen ask writenotes review
    39. 39. build networks relations with chair identify leaders alliances corridor diplomacy
    40. 40. focus oninterests ≠positions
    41. 41. logic
    42. 42. emotions
    43. 43. emotionalintelligence
    44. 44. awareness
    45. 45. story teller
    46. 46. self
    47. 47. us
    48. 48. now
    49. 49. culture
    50. 50. does culture matter?
    51. 51. under whichconditions?
    52. 52. conditionsdegree of dissimilaritynew relationshipsessential interests, less cultureintensity of the conflict - one shot, bilateralencounters vs. complex, multilateral, longlasting
    53. 53. effectsactors (perception)structure (frameworks)strategy (interests and values)process (behaviour)
    54. 54. to do’sLearn the other side’s cultureDon’t stereotype, no “cultural robots”Bridge the gap using the other’s cultureHelp the other to become familiar with yourcultureCombine both culturesResort to a third culture
    55. 55. Session 5Structure of international and EU negotiations
    56. 56. international negotiations
    57. 57. 193
    58. 58. from sovereign partners meet to find ajoint and mutually acceptable solution toa dispute...
    59. 59. ...to more complex, multilateral,multidimensional, lengthier processes
    60. 60. negotiation as the continuation of nationalforeign policy or...
    61. 61. ...common problem solving
    62. 62. a permanent form of diplomatic activitywith established and recognized locations
    63. 63. models of negotiationtraditional: highly formal, official sessionswith diplomats. specific instructions.bargaining. binding agreement,alternative: informal, working sessions.governmental and non-governmentalexperts / standing committees.recommendations. joint problem solvingor brainstorming. advice and guidelines.
    64. 64. EU negotiations
    65. 65. Scope Single Issue Multi-issue Wide scope Participants Bilateral Channel Tunnel Poland/Ukraine France/Germany European Space Nordic Council Restricted Multilateral European Union Agency G7/8 World Trade Extended Multilateral Council of Europe United Nations OrganizationSource: Wallace & Hayes-Renshaw, 2006
    66. 66. Setting Weak rules Limited rules Strong rules Intensity Occasional or time Channel Tunnel limited Poland/Ukraine Nordic Council Medium frequency Council of Europe World Trade G7/8 Organization European Space Very frequent United Nations European Union AgencySource: Wallace & Hayes-Renshaw, 2006
    67. 67. restricted multilateral wide scope very frequent strong rules
    68. 68. club‘continuous negotiation’ institutions rules and norms
    69. 69. cleavages issues north-south east-westpolicy-driven (e.g. CAP)
    70. 70. community method
    71. 71. legislative actsdirectivesregulationsdecisionsopinions & recommendations
    72. 72. Stages of the Legislative Process Green Papers, White Papers, Annual Work Plans, Communications Commission drafts Commission Expert Groups Directive Directive published Codecision Council Working Groups Directive agreed Implementation Comitology Committees
    73. 73. Co-decision (OLP) 1st Reading deal Commission publishes Committee(s) draft Directive Working Groups, and Plenary COREPER, Simple Council majority European Parliament Council accepts QMV amends Parliament amendments FTT Proposal • Art 113 – unanimity • Consultation with the EP Directive agreed
    74. 74. Co-decision (OLP) 2nd Reading deal Commission publishes Committee(s) draft Directive Working Groups, and Plenary COREPER, Simple Council majority European Parliament Council rejects QMV amends Parliament amendments Common Position Committee(s) Working Groups, and Plenary COREPER, Absolute Council majority European Parliament Council accepts QMV amends Parliament amendments Directive agreed
    75. 75. Co-decision (OLP) 3rd Reading deal Commission publishes Committee(s) draft Directive Working Groups, and Plenary COREPER, Simple Council majority European Parliament Council rejects QMV amends Parliament amendments Common Position Committee(s) Working Groups, and Plenary COREPER, Absolute Council majority European Parliament Council rejects QMV amends Parliament amendments 27 MEPs, 27 MS, Commission Conciliation Prepared by trialogue Directive agreed 3rd Reading
    76. 76. Council Hierarchy A points: agreement already Whitehall B points: discussion UK Permanent Council Representation (UKrep) COREPER I / II i points: agreement already Ii points: discussion Working groups
    77. 77. Population of EU Member States 80 70 60 50 40 30 Population (millions) 20 10 0 Italy Spain Latvia Malta France Poland Greece Sweden Denmark Ireland Slovenia Austria Cyprus Germany Romania Belgium Hungary Bulgaria Finland Portugal Slovakia Lithuania Estonia Netherlands Luxembourg United Kingdom Czech Republic
    78. 78. Voting Weights of EU Member States Qualified Majority Voting (QMV) From 2014 / 2017? 30 • 345 votes, 255 required for • 55% of majority Member States 25 • Simple majority of member states (i.e. 14) • 65% of the 20 EU • States representing 62% of population the EU’s population 15 Numbers of Votes 10 5 0 Italy Spain Latvia Malta France Poland Greece Sweden Denmark Ireland Slovenia Austria Cyprus Germany Romania Belgium Hungary Bulgaria Finland Portugal Slovakia Lithuania Estonia Netherlands Luxembourg United Kingdom Czech Republic
    79. 79. Key Players: Commission• Commissioners• Cabinets (Chef de Cabinet, Deputy Chef)• Directors General• Heads of Unit• Desk Officers
    80. 80. Key Players: Parliament• Rapporteur• UK MEPs• Group coordinators• MEPs’ assistants• Parliament Secretariat
    81. 81. council commission EU institutions member states parliament lobbiesmultilevel NGOsnetworks interest groups pan-european organizations
    82. 82. Session 6Briefing for Negotiations
    83. 83. ‘Briefing is the process of selecting and presentinginfo to enable someone else to understand aparticular subject quickly without having toresearch it themselves’ Accurate Brief Clear
    84. 84. Relevance• Who am I briefing?• If I were them…- What would I know already?- What would I want to know?• Big picture – why are we doing this? What’s this for? Need a clear objective• Must, shoulds and coulds
    85. 85. Length• Alarm bells every time you start a new page, 2 pages max• Say it once• If this paragraph were drowning…• 15-20 words per sentence
    86. 86. StructureBy failing to plan, you’re planning to failAmount of reluctance to plan=Amount of need to plan• First things first• Post-it notes• Past, Present, Future• All the Ps – position, problem, purpose, possibilities, proposal• Who, what, when, where, why, how
    87. 87. Format• Presentation will determine whether reader wants to read it or not• Use lots of white space – paragraphs help retention• Headings and sub-headings to guide the reader through the structure• Number the paragraphs and the pages• Use bullet points and bold where appropriate• Top lines of paragraphs are key• Avoid footnotes
    88. 88. Language• Use plain English, the language of conversation – if you wouldn’t say it, don’t write it: www.plainenglish.co.uk• Avoid jargon/technical language, long words, unexplained acronyms, abbreviations, and abstract languageStatistics show that this policy has achieved a paradigmshift of intervention.We’re getting food and water to the world’s poorest people.
    89. 89. Come to an agreement = Make a decision =The horror of Encourage the participation of =nominalisations Have capability = Make arrangements = Facilitate the provision of = Afford an opportunity = Give consideration to = Is in accordance with = Is of the opinion = Have a discussion = Engage in dialogue =
    90. 90. Be conciseAs a consequence of =Due to the fact that =In the majority of cases = For the purpose of =In the event that = In conjunction with =With the exception of = May in the future =An absence of = On numerous occasions =At the present time = Subsequent to =By means of = That being the case =Costs the sum of = The question as to whether =Despite the fact that = Until such time as =During which time = With the minimum of delay =
    91. 91. Use active language• I shot the sheriff• The sheriff was shot by me• Knowledge and information should be shared• Climate change should be integrated into development policy
    92. 92. Contact InformationAlejandro Ribo Jon Wortharibolabastida@gmail.com jon@jonworth.euhttp://alejandroribo.com/ http://jonworth.eu/Twitter: @aribo Twitter: @jonworth
    93. 93. Additional Slides (for reference)
    94. 94. Building networks• Having an established network of contacts in the Brussels machine will preparethe ground for future negotiations - you never know when you might need it• Attend Brussels working groups/meetings of national experts, invite others toLondon, and visit them in their capitals.*• Establish personal rapport – walk round the table and introduce yourself, have asupply of business cards to hand, and make an effort to speak other languages• Use “the margins” of meetings to maintain contact, shore up your support, etc.Make the most of your time in Brussels.• Where you can, attend EU-focused conferences and events, to establish yourpresence as part of the expert community.• Once established, keep in touch regularly – phone, e-mail and in person - don’twait until you have a problem before getting in touch – it’s obvious if you only callwhen you want something!• And if others know your position and trust your expertise, it’s more likely thatthey will come to you too.•*If visiting Brussels / other capitals, always remember to work closely with UKRep / FCO & relevant British Embassy
    95. 95. Approaching the EU Institutions•“Open door” policy•Currency of Brussels is information•Key is right person, right issue, right timing•Get to know key individuals at all levels oforganisation•Visibility (face to face) builds credibility – not justthere when there’s a problem•Send in the big guns sparingly, showing seriousness of issue•Understand the EU approach – praise positives, proposesolutions for problems, europeanise the issue•A voice in harmony with others is more effective: what are youropposites doing? How are you helping them?•Don’t be shy – everybody’s at it
    96. 96. Top Players’ techniques•Europeanise the issue Timing•Access at the right level, not just Available/ present at keythe top level moments•Seeing people face to face not Making imaginative proposalsjust writing Paper has power•Working out other people’s Persistencemotivations•Ongoing relationships Aware of own role in shaping events•Use expertise•Use networks•Socialising…
    97. 97. Drawing up a timetable• Project plan?• Likely timing for each stage of the negotiation –prepare for slippage• Dates of WGs, Councils, EP plenaries• Consulting on your negotiating position internally and externally• Meetings with the Commission, MEPs and their assistants, otherMember States, Council Secretariat, potential allies etc. – buttiming is everything…• Alternative routes• Revisit your objectives regularly – ‘It is a monster I have created,an abomination! But I cannot destroy it!’
    98. 98. Regulatory impact assessments• You should carry out an IA when negotiating a piece oflegislation or an agreement that will have to be implemented inthe UK• European Commission itself also carries out assessment ofthe social, environmental and economic impacts of proposals,but across the whole EU, so is reliant on data from itsstakeholders - Member States, NGOs and business• The Commission carries out Enhanced Impact Assessmentsif an area is particularly complex/technical/controversial• UK officials should encourage other Member States andexternal stakeholders to influence the Commission to producewell-assessed proposals, based on effective consultation
    99. 99. Consultation• Identify who needs to be consulted• Consider what the consultees will want from the process• Establish the necessary procedures, being realistic about available resources• Explain the implications of proposals and options, and to canvass views on them to help formulate your position what is being proposed the likely timetable for negotiations the scope for amendments (i.e. don’t panic) how to make views known what else consultees can do, including lobbying the EU institutions
    100. 100. Main factors determining progressof a proposal through the Council• Urgency of proposal• Controversiality of proposal and support/opposition amongst themember states• Extent to which Commission has tailored its texts to accommodatenational objections/reservations at the pre-proposal stage• Complexity of the proposal’s provisions• Ability of the Commission to allay doubts• Judgements made by Commission on whether or when it shouldaccept modifications to its proposals – unanimity required to overrideCommission objections to amendments• Competence of the Presidency• Agility and flexibility of the participants to devise and acceptcompromises• Availability of, and willingness of the states to use, majority voting
    101. 101. Practicalities• Avoid discussing work on the Eurostar….• WG meetings held in Justus Lipsius• Usually called for 10am, but rarely start on time –worth arriving early to look at new documents,talk to UKRep, Council Secretariat, other MemberStates, and the Presidency• Ensure you take the meeting notice, existing legislation, the latesttexts of proposals under discussion, reports of previous meetings,anything that could be used as a precedent in support of your case,and relevant telephone numbers• ‘Chairman’ or ‘Mr/Madam Chairman’• Remove earphones before addressing the meeting, but don’t put ittoo near the microphone…• Press the switch on the base of the microphone to speak – don’tmake any asides until the microphone is switched off!• To make an intervention, stand your flag on end and wait for theChairman to call you
    102. 102. Drawing up your negotiating boxIdeal position: the best deal which you can expect andjustifyRealistic position: points at which you would expect areasonable settlementFall-back position: point beyond which you cannot gowithout consulting your constituency
    103. 103. Negotiating in WGs – the dos• Preparation, preparation, preparation• Work the margins - corridor diplomacy• Listen actively and look for hidden signals about possiblecompromises and real sticking-points• Keep a full note of each meeting, and play oninconsistencies/ contradictions in others’ positions•Circulate suggested amendments on paper as well as orally,before the point is discussed, and offer your impartiallinguistic skills to help the Presidency draft a compromise inEnglish• Build and nurture alliances, think long-term• Review your alliances and tactics frequently (refocus at startof the endgame), and keep in close contact with UKRep• Build good relations with the Presidency, the nextPresidency, Commission and Council Secretariat• Keep a poker-face and use open questions to let othersreveal themselves• Use the Commission’s Explanatory Memorandum as asource of quotes
    104. 104. Making interventions with impact• Europeanise the issue• Use your negotiating capital wisely – prioritise and let minor points go,slipstream other delegations• Announce the type of statement you’re about to make, e.g. ‘Let me make asuggestion…’, ‘I’d just like to ask a couple of questions about that…’• Build up to a statement of disagreement with reason and explanation• Develop others’ positions to include your wishes and present the advantagesothers would gain from your [creative] solution• Be measured, clear and concise, putting over a small number of points• Draw on real life, common sense, and concrete examples• Speak clearly and slowly (particularly figures), repeating key phrases• Say how many points you’re going to make and number themoff as you make them• Avoid acronyms, irony, sarcasm, metaphors,understatement, colloquialisms, cricketing jokes…• Build a relationship with the interpreters• Pause if others are chatting whilst you’re making your intervention
    105. 105. When to make an intervention• If your intervention will help the Presidency to reachagreement, tell them before the point comes up•Get in early if you want to…• steer the debate along particular lines• convince waverers• head off counter-proposals or spoil someone else’s intervention• support the Presidency’s compromise proposal• set out some important material considerations•Come in late if you…• Think others will make your points for you• Want to hear the arguments of others first so you can counter them• Think you may pick up something intelligent from another delegation
    106. 106. Negotiating – the don’ts• Make immediate counter-proposals• Dilute a good case with weak subsidiary arguments• Become emotional/use emotive language• Use irritators, e.g. ‘With respect’, ‘I’m trying to bereasonable about this’, ‘Obviously..’ etc.• Incur intervention fatigue• Make concessions too early or too easily• Overbid• Deal from the bottom of the pack• Reveal your fallback position• Go below your fallback position
    107. 107. Briefing for Council – the basics• The Presidency and Council Secretariat produce a document a few days prior to Council,summarising outstanding issues which Ministers will need to resolve• Debate will follow the arrangement in this Secretariat note, so your brief should alsofollow this order• Must include: If long/complex, an index A summary of overall position on the negotiation The likely position of other significant member states Speaking notes Background to the proposal Latest estimate of costs and benefits, and any areas of uncertainty Detail on each remaining questions Any potential pitfalls, with defensive material Key statements or texts from earlier drafts, decisions of previous Councils, ordeclarations from European Councils Contact names and phone numbers, in case of unforeseen developments
    108. 108. Briefing for Council – top tips Your Minister may be very unfamiliar with the EU’sprocedures and terminology, and the complextechnicalities of the dossier – work hard for clarityEnsure your Minister’s negotiating position is agreedacross Whitehall and with UKRep, and that it finds theright balance between being ambitious and realisticSpell out precisely any fall-back positions andcontingencies, and provide alternative or successivespeaking notesIf not present, ensure you are on the end of a phone,even late at nightHowever well prepared the brief, be ready to updateand revise in the last few hours before Council andeven on the dayDon’t forget the media – Brussels press corps andlines to take
    109. 109. UK and EU lobbyingGood… Not so good…• Often already have • Often already have legislation inlegislation in place, so deep place, so a position to defend andexpertise opinion on everything•100+ staff in UKRep • Don’t tend to speak other languages• English-speakers… • British under-represented in the• Very coordinated, both Commission Servicesinternally and externally • Public opinion, media• British well-represented inCabinets • Geography• Large member state • Ministerial engagement• Creative compromise • Lack of EU knowledge
    110. 110. Lobbying dos• Get in early!!• Praise the positives, propose solutions, europeanise the issue• Think creatively - develop others’ positions to include your wishes and present the advantages others would gain from your solution• Key message – know what you can and want to say• Clarity – make sure you understand and are understood• Supporting arguments – have facts and explanations ready to support your position; anticipate counter arguments• Put it in writing – if possible, give your contact something in writing, especially if you are agreeing wording, etc• Right person, right issue, right timing – get to know key individuals at all levels of organisation, use big guns sparingly• Keep in touch regularly – phone, e-mail and in person – visibility builds credibility• Make the most of time in Brussels - use “the margins” of meetings to maintain contact, shore up support, etc.

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