Source: European Parliament
1. The phrase ‘cooling-off period’ refers to the two- or three-year period mentioned in Article 11(2) of the Code of Conduct for the Members of the European Commission[1]. In line with Article 11(3) of the Code of Conduct, the Commission adopts the appropriate decisions on the notified post term of office activities, often imposing the conditions and/or limitations necessary to ensure the respect of the principles of integrity and discretion enshrined in Article 245 of the Treaty on the Functioning of the European Union and in the Code of Conduct.
2. The Commission’s decisions are based on the assessment of each individual activity, considering all the relevant elements. It is indeed exactly because advisory activities often do include lobbying that the Code of Conduct prohibits lobbying for the cooling-off period and that the post term of office decisions recall these obligations.
3. The former Members of the Commission are bound to thoroughly and scrupulously respect their obligations resulting from the Treaties, the Code of Conduct and, where applicable, any decisions adopted by the Commission on notified post term of office activities. These decisions are made public[2]. The applicable rules provide for a robust enforcement mechanism. In particular, in accordance with the Code of Conduct, former Members shall inform the President in a timely manner if they have doubts with regard to the application of this Code before acting on the matter relating to which the doubts arise. The primary responsibility of the former Members does not rule out the Commission’s duties and prerogatives deriving from Article 11 of the Code of Conduct.