### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency . ### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigorous evaluation of the candidates and a high level of independence . before appointment , the candidate selected by the management board should be invited to appear before the competent committees of the european parliament so that they may give their consent . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency .


### the executive director of berec shall take part in the deliberations , without the right to vote . ### the director of the berec office shall participate , without having the right to vote , in the plenary meetings of the board of regulators .


### in order to carry out its tasks effectively , berec should have the right to request all necessary information from the commission , the nras and , as a last resort , other authorities and undertakings . requests for information should be proportionate and not impose an undue burden on the addressees . nras , which are closest to the electronic communications markets , should cooperate with berec and have a timely and accurate provision of information to ensure that berec is able to fulfil its mandate . berec should also share with the commission and the nras the necessary information based on the principle of sincere cooperation . ### in order to carry out its tasks effectively , berec and the berec office should have the right to request all necessary information from the commission , the nras and , as a last resort , other authorities and undertakings . requests for information should be proportionate and not impose an undue burden on the addressees . nras , which are closest to the electronic communications markets , should cooperate with berec and the berec office and have a timely and accurate provision of information to ensure that berec and the berec office are able to fulfil their mandate . berec and the berec office should also share with the commission and the nras the necessary information based on the principle of sincere cooperation .


### the berec office , which was established as a community body with legal personality by regulation no 1211 / 2009 , is succeeded by berec as regards all ownership , agreements , legal obligations , employment contracts , financial commitments and liabilities . berec should take over the staff of the berec office whose rights and obligations should not be affected , ### the office , which was established as a community body with legal personality by regulation no 1211 / 2009 , is succeeded by the berec office as regards all ownership , agreements , legal obligations , employment contracts , financial commitments and liabilities . the berec office should take over the staff of the office whose rights and obligations should not be affected ,


### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency . ### the role of the director , who would be the legal representative of the berec office , is crucial for the adequate functioning of berec and the implementation of the tasks assigned to it . the management board should appoint him / her following an open and transparent selection procedure in order to guarantee a rigorous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for berec .


### berec and the berec office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications . notwithstanding , there are still significant disparities between member states as regards regulatory practice . moreover , the governance structure of berec and the berec office is cumbersome and gives rise to unnecessary administrative burden . in order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the union as well as to the promotion of access to , and take - up of , very high capacity data connectivity , competition in the provision of electronic communications networks , services and associated facilities and the interests of the citizens of the union , this regulation aims to strengthen the role of berec and enhance its governance structure by establishing berec as a union decentralised agency . this also corresponds to the need to reflect the significantly enhanced role played by berec following regulation no 531 / 2012 which establishes tasks for berec in relation to union - wide roaming , regulation no 2015 / 2120 which establishes tasks for berec in relation to open internet access and union - wide roaming , and the directive which establishes a significant number of new tasks for berec such as issuing decisions and guidelines on several topics , reporting on technical matters , keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrum . ### berec and the berec office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications . notwithstanding , there are still significant disparities between member states as regards regulatory practice . in order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the union as well as to the promotion of access to , and take - up of , very high capacity data connectivity , competition in the provision of electronic communications networks , services and associated facilities and the interests of the citizens of the union , this regulation aims to strengthen the roles of berec and the berec office and enhance their governance structure . this also corresponds to the need to reflect the significantly enhanced role played by berec following regulation no 531 / 2012 which establishes tasks for berec in relation to union - wide roaming , regulation no 2015 / 2120 which establishes tasks for berec in relation to open internet access and union - wide roaming , and the directive which establishes a significant number of new tasks for berec such as issuing decisions and guidelines on several topics , reporting on technical matters , keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrum .


### article 2 tasks the tasks of berec shall be to : assist , advise and cooperate with the commission as well as nras , on request or on its own initiative , on any technical matter within its mandate , and assist and advise the european parliament and the council on request ; issue decisions : - on the identification of transnational markets in accordance with article 63 of the directive ; - on a contract summary template in accordance with article 95 of the directive ; develop an economic model in order to assist the commission in determining the maximum termination rates in the union in accordance with article 73 of the directive ; issue opinions as referred to in the directive and regulation no 531 / 2012 , in particular : - on the resolution of cross - border disputes in accordance with article 27 of the directive ; - on draft national measures related to the internal market procedures for market regulation in accordance with articles 32 , 33 and 66 of the directive ; - on draft national measures related to the internal market procedures for radio spectrum peer review in accordance with article 35 of the directive ; - on draft decisions and recommendations on harmonisation in accordance with article 38 of the directive ; issue guidelines as referred to in the directive , regulation no 531 / 2012 and regulation no 2015 / 2120 : - on the implementation of nras’ obligations as regards geographical surveys in accordance with article 22 of the directive ; - on common approaches to the identification of the network termination point in different network topologies in accordance with article 59 of the directive ; - on common approaches to meet transnational end - user demand in accordance with article 64 of the directive ; - on the minimum criteria for a reference offer in accordance with article 67 of the directive ; - on the technical details of the cost model to be applied by nras when setting maximum symmetric termination rates in accordance with article 73 of the directive ; - on common criteria for the assessment of the ability to manage numbering resources and the risk of exhaustion of numbering resources in accordance with article 87 of the directive ; - on relevant quality of service parameters and the applicable measurement methods in accordance with article 97 of the directive ; - on the implementation of nras’ obligations as regards open internet access in accordance with article 5 of regulation no 2015 / 2120 ; - on wholesale roaming access in accordance with article 3 of regulation no 531 / 2012 ; 2 . berec shall also carry out the following tasks : monitor and coordinate the action of nras in applying regulation no 531 / 2012 , in particular as regards the provision of regulated retail roaming services at domestic prices in the interests of end - users ; report on technical matters within its competence , in particular : - on the practical application of the opinions and guidelines referred to in article 2 and 2 ; - on the level of interoperability between interpersonal communications services , threat to effective access to emergency services or to end - to - end connectivity between end - users in accordance with article 59 of the directive ; - on the evolution of retail and wholesale charges for roaming services and on transparency and comparability of tariffs in accordance with article 19 of regulation no 531 / 2012 ; - on the outcomes of the annual reports that nras shall provide in accordance with article 5 of regulation no 2015 / 2120 , through the publication of an annual synthesis report . keep a register of : - undertakings providing electronic communications networks and services in accordance with article 12 of the directive . berec shall also issue standardised declarations on notifications by undertakings in accordance with article 14 of the directive ; - numbers with a right of extraterritorial use in accordance with article 87 of the directive ; carry out other tasks conferred on it by legal acts of the union in particular by the directive , regulation no 531 / 2012 and regulation no 2015 / 2120 . 3 . without prejudice to compliance with relevant union law , nras shall comply with any decision and take the utmost account of any opinion , guideline , recommendation and best practice adopted by berec with the aim of ensuring a consistent implementation of the regulatory framework for electronic communications within the scope referred to in article 1 . 4 . in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations , in accordance to article 26 . ### article 2 tasks of berec the tasks of berec shall be to : assist , advise and cooperate with nras and the commission , on request or on its own initiative , on any technical matter within its mandate , and provide opinions or recommendations to the european parliament , the council and the commission on request or on its own initiative on any issue within its competences ; promote cooperation between nras , and between nras and the commission ; issue recommendations and best practices addressed to the nras in order to encourage consistent implementation on any technical matter within its mandate ; issue decisions in accordance with the relevant provisions of the directive ; develop an economic model in order to assist the commission in determining the maximum termination rates in the union in accordance with article 73 of the directive ; issue opinions as referred to in the directive and regulation no 531 / 2012 ; issue guidelines as referred to in the directive , regulation no 531 / 2012 and regulation no 2015 / 2120 ; monitor and coordinate the action of nras in applying regulation no 531 / 2012 , in particular as regards the provision of regulated retail roaming services at domestic prices in the interests of end - users , the evolution of retail and wholesale charges for roaming services and the transparency and comparability of tariffs , and where necessary make recommendations to the commission ; report on technical matters within berec ' s competence ; 2 . berec shall also carry out other tasks conferred to it by legal acts of the union , in particular by the directive , regulation no 531 / 2012 and regulation no 2015 / 2120 . 2a . berec may , upon a reasoned request from the commission , decide unanimously to take on other specific tasks necessary for the accomplishment of its role as provided for in article 1 . 3 . without prejudice to compliance with relevant union law , nras shall comply with any decision and take the utmost account of any opinion , guideline , recommendation and best practice adopted by berec with the aim of ensuring a consistent implementation of the regulatory framework for electronic communications within the scope referred to in article 1 . 4 . in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations , in accordance to article 26 . 4a . berec may consult relevant stakeholders in the preparation of its decisions , reports or other types of deliverables . without prejudice to article 28 , the main results of that consultation shall be made public . 4b . without prejudice to article 27 , berec shall make relevant information related to the result of it work available and easily accessible to the public and interested parties .


### article 1 establishment and objectives the body of european regulators for electronic communications is hereby established . 2berec shall act within the scope of directive [ . . . ] , directive 2002 / 58 / ec , regulation no 531 / 2012 , regulation no 2015 / 2120 and decision 243 / 2012 / eu36 . the definitions laid down in those directives , regulations and decision shall apply for the purposes of this regulation . 3 . berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union . __________________ 36 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme . ### article 1 establishment and objectives of berec the body of european regulators for electronic communications is hereby established . 2 . berec shall act within the scope of directive [ . . . ] , directive 2002 / 58 / ec , regulation no 531 / 2012 , regulation no 2015 / 2120 and decision 243 / 2012 / eu36 , and of any other union act conferring to it tasks and powers . the definitions laid down in those directives , regulations and decision shall apply for the purposes of this regulation . 3 . berec shall , as primary objective , contribute to the development and better functioning of the internal market for electronic communications networks and services by ensuring a consistent implementation of the union regulatory framework for electronic communications within the scope referred to in paragraph 2 . berec shall , in cooperation with national regulatory authorities , contribute to the objectives referred to in article 3 of directive [ . . . ] , and in particular shall promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union . 3 a . berec shall carry out its tasks independently , impartially and transparently . it shall draw upon the expertise available in the nras . 3 b . each member state shall ensure that the nras have the adequate financial and human resources required to participate in the work of berec . __________________ 36 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme .


### berec should be independent as regards operational and technical matters and should enjoy legal , administrative and financial autonomy . to that end , it is necessary and appropriate that berec should be a body of the union having legal personality and exercising the powers conferred upon it . ### the berec office should be independent as regards operational and technical matters and should enjoy legal , administrative and financial autonomy .


### article 4 composition of the management board the management board shall be composed of one representative from each member state and two representatives of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or members of the collegiate body of the nra . in member states where more than one nra is responsible under the directive , those authorities shall agree on a common representative and the necessary coordination between the nras shall be ensured . 2 . each member of the management board shall have an alternate . the alternate shall represent the member in his / her absence . each nra shall be responsible for nominating the alternate amongst the heads , members of the collegiate body and staff of the nra . 3 . members of the management board and their alternates shall be appointed in light of their knowledge in the field of electronic communications , taking into account relevant managerial , administrative and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the board’s work . all parties shall aim to achieve a balanced representation between men and women on the management board . 4 . the term of office for members and their alternates shall be four years . that term shall be extendable . ### article 4 composition of the board of regulators the board of regulators shall be composed of one representative from each member state , with voting rights , and one representative of the commission , without voting rights . each nra shall be responsible for nominating its representative amongst the head or members of the collegiate body of the nra with primary responsibility for overseeing the day - to - day operation of the markets for electronic communications networks and services . in member states where more than one nra is responsible under the directive , those authorities shall agree on a common representative and the necessary coordination between the nras shall be ensured . 2 . each member of the board of regulators shall have an alternate . the alternate shall represent the member in his / her absence . each nra shall be responsible for nominating an alternate of an appropriate high - level . 3 . members of the board of regulators and their alternates shall be appointed in light of their knowledge in the field of electronic communications , taking into account relevant managerial , administrative and budgetary skills . all parties represented in the board of regulators shall make efforts to limit turnover of their representatives , in order to ensure continuity of the board ' s work . all parties shall aim to achieve a balanced representation between men and women on the board of regulators . 3a . members of the board of regulators and their alternates shall neither seek nor take instructions from any government , institution , person or body . 3b . the board of regulators may invite high - level representatives of the efta surveillance authority and of regulatory authorities of third countries , and any other person whose opinion may be of interest , to attend its meetings with an observer status , on a permanent or ad - hoc basis .


### berec should be allowed to engage in communication activities within its field of competence , which should not be detrimental to berec’s core tasks and should be carried out in accordance with relevant communication and dissemination plans adopted by the management board . the content and implementation of berec’s communication strategy should be coherent , relevant and coordinated with the strategies and activities of the commission and the other institutions in order to take into consideration the broader image of the union . ### berec and the berec office should be allowed to engage in communication activities within their field of competence , which should not be detrimental to berec’s and the berec office’s core tasks and should be carried out in accordance with relevant communication and dissemination plans adopted by the management board . the content and implementation of berec’s and the berec office’s communication strategy should be coherent and relevant with the strategies and activities of the commission and the other institutions in order to take into consideration the broader image of the union .


### without prejudice to compliance with relevant union law , nras shall comply with any decision and take the utmost account of any opinion , guideline , recommendation and best practice adopted by berec with the aim of ensuring a consistent implementation of the regulatory framework for electronic communications within the scope referred to in article 1 . ### without prejudice to compliance with relevant union law , nras shall take into account of any opinion , guideline , recommendation and best practice adopted by berec with the aim of ensuring a consistent implementation of the regulatory framework for electronic communications within the scope referred to in article 1 .


### the executive director shall send the court of auditors a reply to its observations by 30 september . the executive director shall also send this reply to the management board . ### the director shall send the court of auditors a reply to its observations by 30 september . the director shall also send this reply to the management board .


### article 6 chairperson and deputy chairperson of the management board the management board shall elect a chairperson and a deputy chairperson from among members with voting rights representing member states . the chairperson and the deputy chairperson shall be elected by a majority of two thirds of the members of the management board with voting rights . 2 . the deputy chairperson shall automatically replace the chairperson if he / she is prevented from attending to his / her duties . 3 . the term of office of the chairperson and the deputy chairperson shall be four years , with the exception of the first term of office of the deputy chairperson elected after the entry into force of this regulation which shall be two years . their term of office may be renewed once . ### article 6 chairperson and deputy chairperson of the board of regulators the board of regulators shall elect a chairperson and a deputy chairperson from among members with voting rights representing member states . 2 . the deputy chairperson shall automatically replace the chairperson if he / she is prevented from attending to his / her duties . 3 . the term of office of the chairperson shall be four years , and the term of office of the deputy chairperson shall be two years . their term of office may be renewed once . 3a . to ensure continuity of the work of the board of regulators , the elected chairperson shall have served at least one year as deputy chairperson before his or her election , whenever possible . 3b . without prejudice to the role of the board of regulators in relation to their tasks , the chairperson and the deputy chairperson shall be independent in the performance of their duties and shall neither seek nor take instructions from any government , nra , institution , person or body 3c . the chairperson or deputy chairperson shall report to the european parliament on the performance of their duties and the performance of berec when invited to do so . the council may invite the chairperson or deputy chairperson to report on the performance of their duties and the performance of berec .


### members of the management board , the executive director , seconded national experts and other staff not employed by berec shall each make a declaration indicating their commitment and the absence or presence of any direct or indirect interest which might be considered prejudicial to their independence . ### members of the board of regulators and of the management board , the director , seconded national experts and other staff not employed by the berec office shall each make a declaration indicating their commitment and the absence or presence of any direct or indirect interest which might be considered prejudicial to their independence .


### each year , the executive director shall draw up a provisional draft estimate of berec ' s revenue and expenditure for the following financial year , including the establishment plan , and send it to the management board . ### each year , the director shall draw up a provisional draft estimate of the berec office ' s revenue and expenditure for the following financial year , including the establishment plan , and send it to the management board .


### the agency should be governed and operated in line with the principles of the joint statement of the european parliament , the council and the european commission of 19 july 2012 on decentralised agencies 28 . due to the established image of berec and the costs that a modification of its name would entail , the new agency should retain the name of berec . __________________ 28 joint statement of the parliament , council and the commission on decentralised agencies of 19 july 2012 . ### the berec office should be governed and operated in line with the principles of the joint statement of the european parliament , the council and the european commission of 19 july 2012 on decentralised agencies 28 . __________________ 28 joint statement of the parliament , council and the commission on decentralised agencies of 19 july 2012 .


### the necessary arrangements concerning the accommodation to be provided for berec in the host member state and the facilities to be made available by that member state as well as the specific rules applicable in the host member state to the executive director , members of the management board , berec staff and members of their families shall be laid down in a headquarters agreement between berec and the member state where the seat is located , concluded after obtaining the approval of the management board and no later than two years after the entry into force of this regulation . ### the necessary arrangements concerning the accommodation to be provided for the berec office in the host member state and the facilities to be made available by that member state as well as the specific rules applicable in the host member state to the director , members of the management board , the berec office staff and members of their families shall be laid down in a headquarters agreement between the berec office and the member state where the seat is located , concluded after obtaining the approval of the management board and no later than two years after the entry into force of this regulation .


### members of the management board , the executive director , seconded national experts , other staff not employed by berec and experts participating in working groups shall each accurately and completely declare , at the latest at the start of each meeting , any interest which might be considered prejudicial to their independence in relation to the items on the agenda , and shall abstain from participating in the discussion of and voting upon such points . ### members of the management board , the director , seconded national experts , other staff not employed by the berec office and experts participating in working groups shall each accurately and completely declare , at the latest at the start of each meeting , any interest which might be considered prejudicial to their independence in relation to the items on the agenda , and shall abstain from participating in the discussion of and voting upon such points .


### in the past the appointing authority powers were exercised by the vice - chair of the management committee of the berec office . the management board of the new agency should delegate relevant appointing authority powers to the executive director , who would be authorised to sub - delegate those powers . this would contribute to an efficient management of the berec staff as well as to ensuring that the management committee , as well as the chairperson and deputy chairperson , can concentrate on their functions . ### in the past the appointing authority powers were exercised by the vice - chair of the management committee of the berec office . the management board of the new agency should delegate relevant appointing authority powers to the director , who would be authorised to sub - delegate those powers . this would contribute to an efficient management of the berec staff as well as to ensuring that the management board , as well as the chairperson and deputy chairperson , can concentrate on their functions .


### the berec office , which was established as a community body with legal personality by regulation no 1211 / 2009 , is succeeded by berec as regards all ownership , agreements , legal obligations , employment contracts , financial commitments and liabilities . berec should take over the staff of the berec office whose rights and obligations should not be affected , ### the office , which was established as a community body with legal personality by regulation no 1211 / 2009 , is succeeded by the berec office as regards all ownership , agreements , legal obligations , employment contracts , financial commitments and liabilities . the berec office should take over the staff of the office whose rights and obligations should not be affected ,


### on receipt of the court of auditors’ observations on berec’s provisional accounts , berec’s accounting officer shall draw up berec’s final accounts under his / her own responsibility . the executive director shall submit the final accounts to the management board for an opinion . ### on receipt of the court of auditors’ observations on the berec office’s provisional accounts , the berec office’s accounting officer shall draw up the berec office’s final accounts under his / her own responsibility . the director shall submit the final accounts to the management board for an opinion .


### the executive director of berec shall take part in the deliberations , without the right to vote . ### the director of the berec office shall participate , without having the right to vote , in the plenary meetings of the board of regulators .


### berec’s host member state shall provide the necessary conditions to ensure the smooth and efficient functioning of berec , including multilingual , european - oriented schooling and appropriate transport connections . ### the berec office’s host member state shall provide the necessary conditions to ensure the smooth and efficient functioning of the berec office , including multilingual , european - oriented schooling and appropriate transport connections .


### article 22 appointment of executive director the executive director shall be engaged as a temporary agent of berec in accordance with article 2 of the conditions of employment of other servants . 2 . the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . for the purpose of concluding the contract with the executive director , berec shall be represented by the chairperson of the management board . before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . 3 . the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director’s performance and berec’s future tasks and challenges . 4 . the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 3 , may extend the term of office of the executive director once , for no more than five years . 5 . the management board shall inform the european parliament if it intends to extend the executive director’s term of office . within one month before any such extension , the executive director may be invited to make a statement before the competent committee of the parliament and to answer questions put by its members . 6 . an executive director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period . 7 . the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . 8 . the management board shall reach decisions on appointment , extension of the term of office or removal from office of the executive director on the basis of a two - thirds majority of its members with voting rights . ### article 22 appointment of the director the director shall be engaged as a temporary agent of the berec office in accordance with article 2 of the conditions of employment of other servants . 2 . the management board shall appoint the director following an open and transparent selection procedure . for the purpose of concluding the contract with the director , the berec office shall be represented by the chairperson of the management board . before appointment , the candidate selected by the management board shall make a statement before the competent committee of the european parliament and answer questions put by its members 3 . the term of office of the director shall be three years . by the end of that period , the management board shall undertake an assessment that takes into account an evaluation of the director ' s performance and berec ' s future tasks and challenges . 4 . the management board , taking into account the assessment referred to in paragraph 3 , may extend the term of office of the director once , for no more than three years . 5 . the management board shall inform the european parliament if it intends to extend the director ' s term of office . within one month before any such extension , the director may be invited to make a statement before the competent committee of the parliament and to answer questions put by its members . 6 . a director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period . 7 . the director may be removed from office only upon a decision of the management board . 8 . the management board shall reach decisions on appointment , extension of the term of office or removal from office of the director on the basis of a two - thirds majority of its members with voting rights .


### berec shall adopt its own security rules equivalent to the commission’s security rules for protecting european union classified information and sensitive non - classified information , inter alia provisions for the exchange , processing and storage of such information as set out in commission decisions 2015 / 44342 and 2015 / 44443 . alternatively , berec may adopt a decision to apply the commission’s rules on a mutatis mutandis basis . __________________ 42 commission decision 2015 / 443 of 13 march 2015 on security in the commission . 43 commission decision 2015 / 444 of 13 march 2015 on the security rules for protecting eu classified information . ### the berec office shall adopt its own security rules equivalent to the commission’s security rules for protecting european union classified information and sensitive non - classified information , inter alia provisions for the exchange , processing and storage of such information as set out in commission decisions 2015 / 44342 and 2015 / 44443 . alternatively , the berec office may adopt a decision to apply the commission’s rules on a mutatis mutandis basis . __________________ 42 commission decision 2015 / 443 of 13 march 2015 on security in the commission . 43 commission decision 2015 / 444 of 13 march 2015 on the security rules for protecting eu classified information .


### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency . ### the role of the director , who would be the legal representative of the berec office , is crucial for the adequate functioning of berec and the implementation of the tasks assigned to it . the management board should appoint him / her following an open and transparent selection procedure in order to guarantee a rigorous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for berec .


### with effect from [ the date of entry into force of this regulation ] and until the executive director takes up his / her duties following his / her appointment by the management board in accordance with article 22 , the administrative manager appointed on the basis of regulation no 1211 / 2009 shall , for the remaining period of his / her term of office , act as interim executive director with the functions provided for in this regulation . the other conditions of the administrative manager’s contract shall remain unchanged . ### with effect from [ the date of entry into force of this regulation ] and until the director takes up his / her duties following his / her appointment by the management board in accordance with article 22 , the administrative manager appointed on the basis of regulation no 1211 / 2009 shall , for the remaining period of his / her term of office , act as interim director with the functions provided for in this regulation . the other conditions of the administrative manager’s contract shall remain unchanged .


### the executive director shall submit to the european parliament , at the latter’s request , any information required for the smooth application of the discharge procedure for the financial year in question , in accordance with article 165 of financial regulation39 . __________________ 39 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 . ### the director shall submit to the european parliament , at the latter’s request , any information required for the smooth application of the discharge procedure for the financial year in question , in accordance with article 165 of financial regulation39 . __________________ 39 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 .


### the management board shall , on the basis of that provisional draft , adopt a draft estimate of berec’s revenue and expenditure for the following financial year . ### the management board shall , on the basis of that provisional draft , adopt a draft estimate of the berec office’s revenue and expenditure for the following financial year .


### the management board shall appoint the members of the working groups , which may be participated in by experts from the nras , the commission , berec staff and the nras of third countries participating in the work of berec . ### the board of regulators shall appoint the members of the working groups , which may be participated in by experts from the nras , the commission , the berec office and the nras of third countries participating in the work of berec .


### the executive director shall send the court of auditors a reply to its observations by 30 september . the executive director shall also send this reply to the management board . ### the director shall send the court of auditors a reply to its observations by 30 september . the director shall also send this reply to the management board .


### article 1 establishment and objectives the body of european regulators for electronic communications is hereby established . 2berec shall act within the scope of directive [ . . . ] , directive 2002 / 58 / ec , regulation no 531 / 2012 , regulation no 2015 / 2120 and decision 243 / 2012 / eu36 . the definitions laid down in those directives , regulations and decision shall apply for the purposes of this regulation . 3 . berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union . __________________ 36 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme . ### article 1 establishment and objectives of berec the body of european regulators for electronic communications is hereby established . 2 . berec shall act within the scope of directive [ . . . ] , directive 2002 / 58 / ec , regulation no 531 / 2012 , regulation no 2015 / 2120 and decision 243 / 2012 / eu36 , and of any other union act conferring to it tasks and powers . the definitions laid down in those directives , regulations and decision shall apply for the purposes of this regulation . 3 . berec shall , as primary objective , contribute to the development and better functioning of the internal market for electronic communications networks and services by ensuring a consistent implementation of the union regulatory framework for electronic communications within the scope referred to in paragraph 2 . berec shall , in cooperation with national regulatory authorities , contribute to the objectives referred to in article 3 of directive [ . . . ] , and in particular shall promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union . 3 a . berec shall carry out its tasks independently , impartially and transparently . it shall draw upon the expertise available in the nras . 3 b . each member state shall ensure that the nras have the adequate financial and human resources required to participate in the work of berec . __________________ 36 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme .


### in order to guarantee berec’s autonomy , it should have its own budget , most of which comes essentially from a contribution from the union . the financing of berec should be subject to an agreement by the budgetary authority as set out in point 31 of the inter - institutional agreement on budgetary discipline , on cooperation in budgetary matters and on sound financial management35 . __________________ 35 inter - institutional agreement of 2 december 2013 between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management . ### in order to guarantee the berec office’s autonomy , it should have its own budget , most of which comes essentially from a contribution from the union . the financing of berec should be subject to an agreement by the budgetary authority as set out in point 31 of the inter - institutional agreement on budgetary discipline , on cooperation in budgetary matters and on sound financial management35 . __________________ 35 inter - institutional agreement of 2 december 2013 between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management .


### the necessary arrangements concerning the accommodation to be provided for berec in the host member state and the facilities to be made available by that member state as well as the specific rules applicable in the host member state to the executive director , members of the management board , berec staff and members of their families shall be laid down in a headquarters agreement between berec and the member state where the seat is located , concluded after obtaining the approval of the management board and no later than two years after the entry into force of this regulation . ### the necessary arrangements concerning the accommodation to be provided for the berec office in the host member state and the facilities to be made available by that member state as well as the specific rules applicable in the host member state to the director , members of the management board , the berec office staff and members of their families shall be laid down in a headquarters agreement between the berec office and the member state where the seat is located , concluded after obtaining the approval of the management board and no later than two years after the entry into force of this regulation .


### without prejudice to paragraph 2 , berec shall succeed the office that was established by regulation no 1211 / 2009 as regards all ownership , agreements , legal obligations , employment contracts , financial commitments and liabilities . ### without prejudice to paragraph 2 , the berec office shall succeed the office that was established by regulation no 1211 / 2009 as regards all ownership , agreements , legal obligations , employment contracts , financial commitments and liabilities .


### the financial rules applicable to berec shall be adopted by the management board after consulting the commission . they shall not depart from regulation no 1271 / 2013 unless such a departure is specifically required for berec’s operation and the commission has given its prior consent . ### the financial rules applicable to the berec office shall be adopted by the management board after consulting the commission . they shall not depart from regulation no 1271 / 2013 unless such a departure is specifically required for berec office’s operation and the commission has given its prior consent .


### the provisions of directive 2013 / 32 / eu related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the eu common list established by this regulation . this means , in particular , that the circumstance that a third country is on the eu common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and does not dispense therefore with the need to conduct an appropriate individual examination of the application for international protection . in addition , it should be recalled that , where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances , the designation of the country as safe can no longer be considered relevant for him or her . ### the provisions of directive 2013 / 32 / eu related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the eu common list established by this regulation . this means , in particular , that the circumstance that a third country is on the eu common list of safe countries of origin cannot constitute an exclusive criterion nor establish a systematic and absolute guarantee of safety for nationals of that country , and should not dispense therefore with the national authorities ' obligation to conduct an appropriate and thorough individual examination of the application for international protection . in addition , it should be recalled that , where , in the light of the applicant ' s individual situation , there are serious reasons to consider the country not to be safe in his or her particular circumstances , the designation of the country as safe can no longer be considered relevant for him or her .


### in light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the union and the resulting unprecedented pressure on member states’ asylum systems the union acknowledged the need to strengthen the application of the safe country of origin provisions of directive 2013 / 32 / eu , as an essential tool to support the swift processing of applications that are likely to be unfounded . in particular , in its conclusions of 25 and 26 june 2015 , the european council referred , in relation to the need to accelerate the treatment of asylum applications , to the intention of the commission as set out in its communication on a european agenda on migration to strengthen these provisions , including the possible establishment of an eu common list of safe countries of origin . moreover , the justice and home affairs council in its conclusions on safe countries of origin of 20 july 2015 welcomed the intention of the commission to strengthen the safe countries of origin provisions in directive 2013 / 32 / eu , including the possible establishment of an eu common list of safe countries of origin . ### in light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the union and the resulting unprecedented pressure on member states’ asylum systems the union acknowledged the need to strengthen the application of the safe country of origin provisions of directive 2013 / 32 / eu , as an essential tool to support the swift processing of applications that may be unfounded . in particular , in its conclusions of 25 and 26 june 2015 , the european council referred , in relation to the need to accelerate the treatment of some asylum applications , to the intention of the commission as set out in its communication on a european agenda on migration to strengthen these provisions , including the possible establishment of an eu common list of safe countries of origin . moreover , the justice and home affairs council in its conclusions on safe countries of origin of 20 july 2015 welcomed the intention of the commission to strengthen the safe countries of origin provisions in directive 2013 / 32 / eu , including the possible establishment of an eu common list of safe countries of origin .


### where a party fails to comply with the obligation to appoint a representative in accordance with paragraph 1 and has not expressed his or her consent to use an electronic user account for service in accordance with point of article 15a , any method of service permitted under the law of the forum member state may be used for service of documents during the proceedings , provided that the party concerned has been duly informed about this consequence . ' ; ### where a party fails to comply with the obligation to appoint a representative in accordance with paragraph 1 and has not expressed his or her consent to use an electronic address for service in accordance with point of article 15a , any method of service permitted under the law of the forum member state may be used for service of documents during the proceedings , provided that the party concerned has been duly informed about this consequence at the time the document instituting the proceedings was served . ' ;


### in order to ensure the speedy transmission of documents to other member states for the purposes of service there , all appropriate means of modern communication technology should be used , provided that certain conditions as to the integrity and reliability of the document received are observed . for that purpose , all communication and exchanges of documents between the agencies and bodies designated by the member states should be carried out through a decentralised it system composed of national it systems . ### in order to ensure the speedy transmission of documents to other member states for the purposes of service there , all appropriate means of modern communication technology should be used , provided that certain conditions as to the integrity and reliability of the document received are observed , a high level of security and protection in the transmission and service ensured , and the fundamental rights and protection of the personal data of the addressees guaranteed . for that purpose , all communication and exchanges of documents between the agencies and bodies designated by the member states should be carried out through a decentralised it system composed of national it systems .


### where the receiving agency is informed that the addressee refuses to accept the document in accordance with paragraphs 1 and 2 , it shall immediately inform the transmitting agency by means of the certificate provided for in article 10 and return the request . ### where the receiving agency is informed that the addressee refuses to accept the document in accordance with paragraphs 1 and 2 , it shall immediately inform the transmitting agency by means of the certificate provided for in article 10 and return the request and the document in respect of which a translation is requested .


### if the addressee has refused to accept the document , the court or authority seised with the legal proceedings in course of which the service became necessary , should verify whether that refusal was justified . for that purpose , that court or authority should take into account all the relevant information on the file or at its disposal in order to determine the actual language skills of the addressee . when assessing the language skills of the addressee , the court could take into account factual elements such as documents written by the addressee in the language concerned , whether the addressee’s profession involves such language skills , whether the addressee is a citizen of the member state where the judicial proceedings take place , or whether the addressee previously resided in that member state for some time . such an assessment should not take place , if the document was drawn up or translated into the official language or one of the official languages of the place of service . ### if the addressee has refused to accept the document , the court or authority seised with the legal proceedings in course of which the service became necessary , should verify whether that refusal was justified . for that purpose , that court or authority should take into account all the relevant information on the file in order to determine the actual language skills of the addressee . when assessing the language skills of the addressee , the court could take into account factual elements such as documents written by the addressee in the language concerned , whether the addressee’s profession involves such language skills , whether the addressee is a citizen of the member state where the judicial proceedings take place , or whether the addressee previously resided in that member state for some time .


### where the request for service cannot be fulfilled on the basis of the information or documents transmitted , the receiving agency shall contact the transmitting agency in order to secure the missing information or documents . ### where the request for service cannot be fulfilled on the basis of the information or documents transmitted , the receiving agency shall , as soon as possible , contact the transmitting agency in order to secure the missing information or documents .


### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in article 3a , in article 15a and in article 17 shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] .


### service of judicial documents may be effected directly on persons domiciled in another member state through electronic means to user accounts accessible to the addressee , provided that one of the following conditions is fulfilled : ### service of judicial documents may be effected directly on persons domiciled in another member state through electronic means to user accounts accessible to the addressee , provided that both of the following conditions are fulfilled :


### the already existing direct channels for transmission and service of documents should be improved so that they provide reliable and generally accessible alternatives to the traditional transmission via the receiving agencies . for this purpose , postal service providers should use a specific acknowledgement of receipt when performing service by post under article 14 of regulation no 1393 / 2007 . similarly , it should be possible for any person interested in a judicial proceeding and for courts or authorities seised with a legal proceeding to effect service of documents in the territory of all member states directly through the judicial officers , officials or other competent persons of the member state addressed . ### given the need to improve the framework provisions for judicial cooperation in the eu and update public legal administrative procedures in order to increase cross - border interoperability and facilitate interaction with citizens , the already existing direct channels for transmission and service of documents should be improved so that they provide rapid , reliable , more secure and generally accessible alternatives to the traditional transmission via the receiving agencies . for this purpose , postal service providers should use a specific acknowledgement of receipt when performing service by post under article 14 of regulation no 1393 / 2007 . similarly , it should be possible for any person interested in a judicial proceeding and for courts or authorities seised with a legal proceeding to effect service of documents in the territory of all member states directly through the judicial officers , officials or other competent persons of the member state addressed .


### the receiving agency should , in all circumstances and with no margin of discretion in that regard , inform the addressee in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands or in the official language or one of the official languages of the place of service . this rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal . the right of refusal should also apply in respect of service by diplomatic or consular agents , service by postal services and direct service . it should be possible to remedy the service of the refused document by serving a translation of the document on the addressee . ### the receiving agency should , in all circumstances and with no margin of discretion in that regard , inform the addressee in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands . this rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal . the right of refusal should also apply in respect of service by diplomatic or consular agents , service by postal services and direct service . it should be possible to remedy the service of the refused document by serving a translation of the document on the addressee .


### a receiving agency receiving a document for service but not having territorial jurisdiction to serve it shall forward it , as well as the request , through the decentralised it system referred to in article 3a to the receiving agency having territorial jurisdiction in the same member state if the request complies with the conditions laid down in article 4 and shall inform the transmitting agency accordingly using the standard form set out in annex i . upon receipt of the document and the request by the receiving agency having territorial jurisdiction in the same member state , an automatic receipt of delivery is sent to the transmitting agency , via the decentralised it system referred to in article 3a . ' ; ### a receiving agency receiving a document for service but not having territorial jurisdiction to serve it shall forward it , as well as the request , as soon as possible and in any event within four working days through the decentralised it system referred to in article 3a to the receiving agency having territorial jurisdiction in the same member state if the request complies with the conditions laid down in article 4 and shall at the same time inform the transmitting agency accordingly using the standard form set out in annex i . upon receipt of the document and the request by the receiving agency having territorial jurisdiction in the same member state , an automatic receipt of delivery is sent immediately to the transmitting agency , via the decentralised it system referred to in article 3a .


### efficiency and speed in cross - border judicial proceedings requires direct , expedited channels for serving documents on persons in other member states . consequently , it should be possible for a person interested in a judicial proceeding or a court or authority seised with a legal proceeding to effect service of documents directly through electronic means to the digital user account of an addressee who is domiciled in another member state . the conditions for the use of such type of direct electronic service should ensure that electronic user accounts are used for the purpose of service of documents only if there are appropriate safeguards for the protection of the interests of the addressees , either by way of high technical standards or in form of an explicit consent given by the addressee . ### efficiency and speed in cross - border judicial proceedings requires direct , expedited and secure channels for serving documents on persons in other member states . it should be possible for a person interested in a judicial proceeding or a court or authority seised with a legal proceeding to effect service of documents directly through electronic means to an addressee who is domiciled in another member state . such type of direct electronic service should , however , be permitted only if there are appropriate safeguards for the protection of the interests of the addressees , including high technical standards and an explicit consent given by the addressee .


### a pre - condition for granting the union ' s macro - financial assistance should be that moldova respects effective democratic mechanisms – including a multi - party parliamentary system – and the rule of law , and guarantees respect for human rights . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems , the governance and supervision of the financial sector in moldova and promote structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the commission and the european external action service . ### a pre - condition for granting the union ' s macro - financial assistance and releasing each instalment of the assistance should be that moldova respects effective democratic mechanisms – including a multi - party parliamentary system – and the rule of law , the independence of the judiciary , guarantees respect for human rights and for the independence and freedom of media . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems , the governance and supervision of the financial sector in moldova and promote effective and efficient structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . the release of macro - financial assistance should also be conditional upon tangible progress in the fight against corruption , money laundering and in the strengthening of the independence of the judiciary . in order to ensure that those conditions are properly assessed , such progress should be defined in a stringent and measurable manner . both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the commission and the european external action service .


### the commission , in accordance with the examination procedure referred to in article 7 , shall agree with the moldovan authorities on clearly defined economic policy and financial conditions , focusing on structural reforms and sound public finances , to which the union ' s macro - financial assistance is to be subject , to be laid down in a memorandum of understanding which shall include a timeframe for the fulfilment of those conditions . the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1 , including the macroeconomic adjustment and structural reform programmes implemented by moldova with the support of the imf . ### the commission , in accordance with the examination procedure referred to in article 7 , shall agree with the moldovan authorities on clearly defined economic policy , financial conditions , focusing on structural reforms and sound public finances , to which the union ' s macro - financial assistance is to be subject , as well as on conditions relating to democracy and rule of law , such as measures to fight corruption and strengthen the independence of the judiciary , to be laid down in a memorandum of understanding which shall include a timeframe and clear benchmarks for the fulfilment of those conditions . the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1 , including the macroeconomic adjustment and structural reform programmes implemented by moldova with the support of the imf .


### a pre - condition for granting the union ' s macro - financial assistance shall be that moldova respects effective democratic mechanisms &#8211 ; including a multi - party parliamentary system &#8211 ; and the rule of law , and guarantees respect for human rights . ### a pre - condition for granting the union ' s macro - financial assistance shall be that moldova fully respects effective democratic mechanisms &#8211 ; including a multi - party parliamentary system , a strict separation of powers and a clear independence of the government from any influence coming from oligarchs &#8211 ; the rule of law , and guarantees respect for human rights . the assistance shall be conditional upon strong engagement and on the adoption of concrete measures to enhance the fight against corruption , to strengthen the independence of the judiciary , to reduce the politicisation of public administration , to ensure there is an environment which&#160 ; allows for&#160 ; pluralistic and free media and stimulates free and fair political competition .


### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription and only for a diagnosed disease . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used . ### the prescribed medicated feed may be used only for animals examined by the veterinarian who issued the prescription and only for a diagnosed disease . the veterinarian who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used .


### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ' carry - over ' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ' cross - contamination ' is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance . carry - over of active substances contained in medicated feed to non - target feed should be avoided or kept as low as possible . in order to protect animal health , human health and the environment , maximum levels of carry - over for active substances contained in medicated feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . general limits should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned . ### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ' carry - over ' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed . carry - over should be avoided or kept as low as possible . in order to protect animal health , human health and the environment , maximum levels of carry - over for active substances contained in medicated feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . general limits should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned .


### medicated feed containing antimicrobial veterinary medicinal products shall not be used to prevent diseases in food - producing animals or to enhance their performance . ### medicated feed containing antimicrobial veterinary medicinal products shall not be used for preventive treatment . prophylaxis with antimicrobials shall never be applied routinely nor to compensate for poor hygiene or for inadequate husbandry conditions .


### member states shall ensure that appropriate collection systems are in place for medicated feed and intermediate products that are expired or in case the animal holder has received a bigger quantity of medicated feed than he actually uses for the treatment referred to in the veterinary prescription . ### feed business operators shall ensure that appropriate collection systems are in place for medicated feed and intermediate products that have expired or in case the animal holder has received a bigger quantity of medicated feed than he actually uses for the treatment referred to in the veterinary prescription .


### where no specific carry - over limits have been set for an active substance , the following carry - over limits shall apply : ### where no specific carry - over limits have been set for an active substance , a carry - over limit of 3% of the active substance in medicated feed to non - target feed shall apply .


### the quantities required for one month ' s treatment or two weeks in case of medicated feed containing antimicrobial veterinary medicinal products . ### the quantities required for one month ' s treatment or one week in the case of medicated feed containing antimicrobial veterinary medicinal products .


### in addition to article 11 , articles 12 and 14 of regulation no 767 / 2009 , the labelling of medicated feed and intermediate products shall comply with annex iii to this regulation . ### in addition to article 11 , articles 12 and 14 of regulation no&#160 ; 767 / 2009 , the labelling of medicated feed and intermediate products , where these are not fed directly to livestock , shall comply with annex iii to this regulation .


### in order to ensure the safe use of medicated feed , its supply and use should be subject to presentation of a valid veterinary prescription which has been issued after examination of the animals to be treated . however , the possibility to manufacture medicated feed before a prescription is presented to the manufacturer should not be excluded . ### in order to ensure the safe use of medicated feed , its supply and use should be subject to presentation of a valid veterinary prescription which has been issued for a limited period of time after examination of the animals to be treated . however , the possibility to manufacture medicated feed before a prescription is presented to the manufacturer should not be excluded .


### this regulation shall apply to : the manufacture , storage and transport of medicated feed and intermediate products ; the placing on the market , including import , and use of medicated feed and intermediate products ; the export to third countries of medicated feed and intermediate products . however , articles 9 , 15 , 16 and 17 shall not apply to medicated feed and intermediate products whose label indicates that they are intended for export to third countries . ### this regulation shall apply to the manufacture , storage , transport , placing on the market , including import and export to third countries , and use of medicated feed and intermediate products for both food - producing and non - food producing animals . however , articles 9 , 15 , 16 and 17 shall not apply to medicated feed and intermediate products whose label indicates that they are intended for export to third countries .


### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ‘ carry - over’ is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ‘ cross - contamination’ is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance . carry - over of active substances contained in medicated feed to non - target feed should be avoided or kept as low as possible . in order to protect animal health , human health and the environment , maximum levels of carry - over for active substances contained in medicated feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . general limits should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned . ### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ' carry - over ' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ' cross - contamination ' is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance .


### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription and only for a diagnosed disease . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used . ### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used .


### ' on - farm mixer ' : a feed business operator manufacturing medicated feed on the farm of use . ### ' on - farm mixer ' : a feed business operator manufacturing medicated feed intended exclusively for animals on his or her farm .


### the export to third countries of medicated feed and intermediate products . however , articles 9 , 15 , 16 and 17 shall not apply to medicated feed and intermediate products whose label indicates that they are intended for export to third countries . ### the export to third countries of medicated feed and intermediate products . however , the following articles shall not apply to medicated feed and intermediate products whose label indicates that they are intended for export to third countries : - article 9 , except as provided for in annex iii , point 1 , and - articles 15 , 16 and 17 .


### the quantities required for one month ' s treatment or two weeks in case of medicated feed containing antimicrobial veterinary medicinal products . ### the quantities required for one month ' s treatment or in case of medicated feed containing antimicrobial veterinary medicinal products the quantities required for a duration mentioned in the summary of the product characteristics , unless specifically licensed otherwise under com 556 final , 2014 / 0255 .


### ' mobile mixer ' : a feed business operator with a feed establishment consisting of a specifically equipped lorry for the manufacture of medicated feed ; ### ' mobile mixer ' : a feed business operator with a feed establishment consisting of a specifically equipped mobile system for the manufacture of medicated feed , who travels in order to provide services to different animal holdings ;


### where no specific carry - over limits have been set for an active substance , the following carry - over limits shall apply : ### where no specific carry - over limits have been set for an active substance , the carry - over limit of 3% of the active substance in the last batch of medicated feed or of intermediate product produced before the production of non - target feed shall apply .


### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription and only for a diagnosed disease . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used . ### the prescribed medicated feed may be used only for the group of animals inspected by the person who issued the prescription . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used .


### in order to ensure a particularly prudent use of medicated feed for food - producing animals and therefore provide the basis for the assurance of a high level of protection of public health , specific conditions concerning the use and the validity of the prescription , compliance with the withdrawal period and record - keeping by the animal holder should be provided for . ### in order to ensure a particularly prudent use of medicated feed for animals and therefore provide the basis for the assurance of a high level of protection of public health , specific conditions concerning the use and the validity of the prescription , compliance with the withdrawal period and record - keeping by the animal holder should be provided for .


### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ' carry - over ' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ' cross - contamination ' is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance . carry - over of active substances contained in medicated feed to non - target feed should be avoided or kept as low as possible . in order to protect animal health , human health and the environment , maximum levels of carry - over for active substances contained in medicated feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . general limits should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned . ### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ' carry - over ' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed . carry - over should be avoided or kept as low as possible . in order to protect animal health , human health and the environment , maximum levels of carry - over for active substances contained in medicated feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . general limits should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned .


### the definitions of ' food - producing animal ' , ' feed materials ' , ' compound feed ' , ' complementary feed ' , ' mineral feed ' , labelling ' , ' label ' , ' minimum storage life ' and ' batch ' as laid down in article 3 of regulation no 767 / 2009 ; ### the definitions of ' food - producing animal ' , ' non - food producing animals ' , ' feed materials ' , ' compound feed ' , ' complementary feed ' , ' mineral feed ' , labelling ' , ' label ' , ' minimum storage life ' and ' batch ' as laid down in article 3 of regulation no 767 / 2009 ;


### family benefits in cash intended to replace income during a periods of child - raising are individual rights which are personal to the parent subject to the legislation of the competent member state . given the specific nature of these family benefits , such benefits should be listed in part i of annex xiii to this regulation and should be exclusively reserved to the parent concerned . the member state with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent member state and under the legislation of the member state of residence of members of the family should not apply to such benefits . where a member state chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in part ii of annex xiii . ### for the purpose of calculating the differential supplement , this regulation should take into account the judgement of the court of justice in case c - 347 / 12 , wiering , while providing for the necessary clarifications and simplifications . taking into account the particular nature of the various family benefits of the member states , two types of family benefit should not be of the same kind and should be distinguished on the basis of their main purpose , objectives and the basis on which they are granted .


### article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity benefits , may request and recover such deductions , calculated in accordance with the legislation it applies , only to the extent that the cost of the benefits pursuant to articles 23 to 26 is to be borne by an institution of the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ### article 30 is replaced by the following : “article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity and long - term care benefits , may request and recover such deductions , calculated in accordance with the legislation it applies , only to the extent that the cost of the benefits pursuant to articles 23 to 26 is to be borne by an institution of the said member state . 2 . where in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity and long - term care benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ”


### an unemployed person who , during his or her last activity as an employed or self - employed person resided in a member state other than the competent member state shall make himself or herself available to the former employer or to the employment services in the competent member state . such a person shall receive benefits in accordance with the legislation of the competent member state as if he or she were residing in that member state . these benefits shall be provided by the institution of the competent member state . ### an unemployed person who , during his or her last activity as an employed or self - employed person resided in a member state other than the competent member state and who has been subject to the legislation of the competent member state for a period of [ xxxx ] may opt to make himself or herself available to the employment services in the competent member state . such a person shall receive benefits in accordance with the legislation of the competent member state as if he or she were residing in that member state . these benefits shall be provided by the institution of the competent member state if he or she complies with national legislation , including the monitoring requirements of the competent member state . a person who is wholly unemployed may , in addition , make himself or herself available to the employment services in the member state of residence .


### when a person or a group of persons are exempted upon request from compulsory sickness insurance and such persons are thus not covered by a sickness insurance scheme to which the basic regulation applies , the institution of another member state shall not , solely because of this exemption , become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under title iii , chapter i , of the basic regulation . ### in article 32 , paragraph 1 is replaced by the following : ' 1 . when a person or a group of persons are exempted upon request from compulsory sickness or long - term care insurance and such persons are thus not covered by a sickness insurance scheme to which the basic regulation applies , the institution of another member state shall not , solely because of this exemption , become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under title iii , chapter i , of the basic regulation . '


### article 19 stay outside the competent member state unless otherwise provided for by paragraph 2 , an insured person and the members of his / her family staying in a member state other than the competent member state shall be entitled to the benefits in kind which become necessary on medical grounds during their stay , taking into account the nature of the benefits and the expected length of the stay . these benefits shall be provided on behalf of the competent institution by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though the persons concerned were insured under the said legislation . 2 . the administrative commission shall establish a list of benefits in kind which , in order to be provided during a stay in another member state , require for practical reasons a prior agreement between the person concerned and the institution providing the care . ### article 19 is replaced by the following ; “article 19 stay outside the competent member state unless otherwise provided for by paragraph 2 , an insured person and the members of his / her family staying in a member state other than the competent member state shall be entitled to the benefits in kind which become necessary on either medical grounds or due to the need for long - term care during their stay , taking into account the nature of the benefits and the expected length of the stay . these benefits shall be provided on behalf of the competent institution by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though the persons concerned were insured under the said legislation . 2 . the administrative commission shall establish a list of benefits in kind which , in order to be provided during a stay in another member state , require for practical reasons a prior agreement between the person concerned and the institution providing the benefit . ”


### for the determination of the applicable legislation under paragraphs 8 and 9 , the institutions concerned shall take into account the situation projected for the following 12 calendar months . ### paragraph 10 is replaced with the following : ‘ 10 . the determination of the applicable legislation within the meaning of article 13 of the basic regulation shall apply for a maximum period of 24 months . once that period has elapsed , the applicable legislation must be reassessed in the light of the employee’s situation . ’


### –the issuance , the format and the contents of a portable document certifying the social security legislation which applies to the holder , ### –the issuance , the electronic format and the contents , with mandatory information of a portable document certifying the social security legislation which applies to the holder ,


### long - term care benefits for insured persons and members of their families need to be coordinated according to specific rules which , in principle , follow the rules applicable to sickness benefits , in line with the case law of the court of justice . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash . ### in line with the case - law of the court of justice of the european union , long - term care benefits for insured persons and members of their families should , in principle , continue to be coordinated following the rules applicable to sickness benefits . however , those rules should take into account the specific nature of long - term care benefits . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash .


### the competent institution of the member state whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and / or his or her employer . ### the competent institution of the member state whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and his or her employer .