PURPOSE: to establish the Body of European Regulators for Electronic Communications (BEREC) and the Office, in view of the need to ensure the development of consistent regulatory practice and the consistent application of the EU regulatory framework in this area.
LEGISLATIVE ACT: Regulation No (EC) No 1211/2009 of the European Parliament and of the Council establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office.
CONTENT: following an agreement reached with the European Parliament at second reading, the Council adopted a regulation establishing the Body of European Regulators for Electronic
Communications (BEREC), a new independent authority working in cooperation with national regulatory authorities and the Commission.
This Regulation constitutes part of the “Telecoms Package” which also includes the reform of the EU’s regulatory framework for electronic communications networks and services and the Directive on users’ rights.
The Regulation establishes a two-tier structure:
- the Body of European Regulators for Electronic Communications (BEREC) composed of a Board consisting of the 27 national regulators, would have advisory powers but no legal personality;
- the Office, comprising a Management Committee (27 + 1 member representing the Commission) and an Administrative Manager, would have a support role, and would be a Community body with legal personality.
BEREC would assist the Commission and the national regulators with expert advice in the range of their responsibilities under the EU regulatory framework for electronic communications. It should provide expertise and establish confidence by virtue of its independence, the quality of its advice and information, the transparency of its procedures and methods of operation, and its diligence in performing its tasks.BEREC should also serve as a body for reflection, debate and advice for the European Parliament, the Council and the Commission in the electronic communications field.
The Office would provide the professional and administrative support services required by BEREC to fulfil its tasks and would be financed by a Community subsidy and financial contributions from Member States or NRAs made on a voluntary basis to finance specific items of operational expenditure.
Evaluation and review: within three years of the effective start of operations of BEREC and the Office, respectively, the Commission shall publish an evaluation report on the experience acquired as a result of the operation of BEREC and the Office. The evaluation report shall cover the results achieved by BEREC and the Office and their respective working methods, in relation to their respective objectives, mandates and tasks defined in this Regulation and in their respective annual work programmes. The European Parliament shall issue an opinion on the evaluation report.
ENTRY INTO FORCE: 07/01/2010.