Ombudsman investigating EU appointment of tobbaco lobbyist weeks after Dalli resignation

Former head of Commission’s legal services no works for law firm that represents Philip Morris and is appointed to ethics commission by EC president José Manual Barroso.

File photo: Petite (centre) signing an anti-counterfeit agreement for the EC legal services with Philip Morris.
File photo: Petite (centre) signing an anti-counterfeit agreement for the EC legal services with Philip Morris.

The European Ombudsman is investigating the European Commission's reappointment of a high-profile revolving door case, Michel Petite, the former head of the Commission's legal service, now a lawyer for Clifford Chance, a lobbying firm that represents tobacco giant Philip Morris.

The investigation follows a complaint made by Lobby Control, Corporate Accountability International and Corporate Europe Observatory in February.

The Ombudsman has asked Commission President José Manuel Barroso to respond to allegations that Petite's reappointment to the Commission's own ethical committee, breaks rules about independence and the requirement for an impeccable professional record.

"The investigation will consider the core concern that when it comes to an ethical advisory body, whose integrity and transparency are paramount to public trust in the Commission, it is the appearance of conflicts of interest that is particularly important," the NGOs said.

They claim that the decision to reinstate a tobacco lobbyist jars with revelations that, in the wake of the resignation of John Dalli over bribery allegations, Petite had been meeting with former colleagues in the legal service to present Philip Morris's views on tobacco laws - spearheaded by Dalli himself as health commissioner - that they were contesting.

CEO has told European Commission president José Barroso that article 4 of the 2003 Commission decision on establishing the ethical committee states that the appointment of a member requires their "independence, an impeccable record of professional behaviour as well as sound knowledge of the existing legal framework and working methods of the Commission."

"Michel Petite's independence and credibility to assess potential conflicts of interest is called into question by his own trip through the revolving door, now representing the interests of big corporate clients to his former Commission colleagues," Nina Katzemich, campaigner at LobbyControl, said.

"Working for a law firm that offers lobbying services but shuns the Transparency Register disqualifies him from having an 'impeccable record of professional behaviour'. The reappointment of Mr Petite has seriously damaged the credibility of the Commission's ethics policies."

Petite's law firm Clifford Chance has also refused to sign the EU's voluntary lobby register, the NGOs claim.

"Given the tobacco industry's long history of using revolving doors to interfere in public health policymaking, his re-appointment would be a clear conflict of interest and would undermine the EU's integrity," John Stewart, campaigner at Corporate Accountability International, said.