### a delegated act adopted pursuant to article 24 shall enter into force if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 23 and 24 shall enter into force if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding by providing coherent , truthful , effective and proportionate targeted information to multiple audiences , including the media and the public .


### the programme shall support easy access to advanced digital skills , notably in hpc , ai , distributed ledgers and cybersecurity for the current and future labour force by offering students , recent graduates , and existing workers , wherever they are situated , with the means to acquire and develop these skills . ### the programme shall support easy access and training opportunities in advanced digital skills , notably in hpc , ai , distributed ledgers and cybersecurity for the current and future labour force by offering students , recent graduates or citizens of all ages in need of upskilling , jobseekers and existing workers , wherever they are situated , with the means to acquire and develop these skills .


### transport , energy and environment : deploy decentralised solutions and infrastructures required for large - scale digital applications such as smart cities or smart rural areas in support of transport , energy and environmental policies . ### transport , energy and environment : deploy decentralised solutions and infrastructures required for large - scale digital applications such as smart cities , smart rural areas or outermost regions in support of transport , energy and environmental policies .


### iiinitial activities related to the digitization of industry : ### iiinitial activities related to the digitisation of industry :


### 1number of ict specialists trained and working ### 1number of ict specialists trained and working each year in the union


### 2number of enterprises having difficulty recruiting ict specialists ### 2number of enterprises having difficulty recruiting ict specialists each year in the union


### 1take - up of digital public services ### 1frequency of take - up of digital public services


### 2enterprises with high digital intensity score ### 2number of enterprises with high digital intensity score


### 3alignment of the national interoperability framework with the european interoperability framework ### 3extent of alignment of the national interoperability framework with the european interoperability framework


### digital europe will invest in digital capacity building in high performance computing , artificial intelligence , cybersecurity and advanced digital skills ; and national and regional deployment within an eu framework of digital capacities and the latest digital technologies in areas of public interest or market failure ; ### digital europe will invest in digital capacity building in high performance computing , artificial intelligence , cybersecurity and advanced digital skills ; and national , regional and local deployment within an eu framework of digital capacities and the latest digital technologies in areas of public interest or market failure ;


### transparency on the votes of member state representatives at the appeal committee level should be increased and the individual member state representatives ' votes should be made public . ### transparency on the votes and explanations of member state representatives at committee and at the appeal committee level should be increased and the individual member state representatives ' votes and explanations should be made public .


### the voting results including , in the case of the appeal committee , the votes expressed by the representative of each member state ; ; ### the voting results , at the committee and at the appeal committee level , including the votes and explanations expressed by the representative of each member state ;


### the references of all documents referred to in points to , and of paragraph 1 as well as the information referred to in points and of that paragraph shall be made public in the register . ### the references of all documents referred to in points to , and of paragraph 1 as well as the information referred to in points and of that paragraph shall be made public in the register . that public register shall be available for access via the internet .


### 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 .


### berec should be allowed if necessary to cooperate with , and without prejudice to the role of , other union bodies , agencies , offices and advisory groups , in particular the radio spectrum policy group29 , the european data protection board30 , the european regulators group for audiovisual media services31 and the european union agency for network and information security32 ; as well as with existing committees . it should also be allowed to cooperate with competent authorities of third countries , in particular , regulatory authorities competent in the field of electronic communications and / or groups of those authorities , as well as with international organisations when necessary for the performance of its tasks . __________________ 29 decision 2002 / 622 / ec establishing a radio spectrum policy group . 30 established under regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 31 directive [ . . . ] . 32 regulation no 526 / 2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security and repealing regulation no 460 / 2004 . ### berec and the berec office should be allowed if necessary to cooperate with , and without prejudice to the role of , other union bodies , agencies , offices and advisory groups , in particular the radio spectrum policy group29 , the european data protection board30 , the european regulators group for audiovisual media services31 and the european union agency for network and information security32 ; as well as with existing committees . it should also be allowed to cooperate with competent authorities of third countries , in particular , regulatory authorities competent in the field of electronic communications and / or groups of those authorities , as well as with international organisations when necessary for the performance of its tasks . __________________ 29 decision 2002 / 622 / ec establishing a radio spectrum policy group . 30 established under regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 31 directive [ . . . ] . 32 regulation no 526 / 2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security and repealing regulation no 460 / 2004 .


### 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 .


### in the past the term of office of the chair and of the vice - chairs of the board of regulators was one year . in view of the additional tasks assigned to berec and the need to ensure annual and multiannual programming for its activities , it is crucial to ensure that the chairperson and deputy chairperson benefit from a stable and long - term mandate . ### in view of the additional tasks assigned to berec and the need to ensure annual and multiannual programming for its activities , it is crucial to ensure that the chairperson and deputy chairperson benefit from a stable and long - term mandate .


### the management board should hold at least two ordinary meetings a year . in view of past experience and the enhanced role of berec , the management board may need to hold additional meetings . ### the board of regulators should hold at least four ordinary meetings a year . in view of past experience and the enhanced role of berec , the board of regulators may need to hold additional meetings .


### commission delegated regulation no 1271 / 2013 of the european parliament and of the council34 should apply to berec . __________________ 34 commission delegated regulation no 1271 / 2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation no 966 / 2012 of the european parliament and of the council . ### commission delegated regulation no 1271 / 2013 of the european parliament and of the council34 should apply to the berec office . __________________ 34 commission delegated regulation no 1271 / 2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation no 966 / 2012 of the european parliament and of the council .


### 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 and independence , it should have its own budget , most of which comes essentially from a contribution from the union . the budget should reflect additional tasks assigned and enhanced role of the berec office and berec . 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 .


### 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 .


### 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 .


### 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 .


### 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 .


### administrative and management structure ### organisation of berec


### the administrative and management structure of berec shall comprise : ### the organisational structure of berec shall comprise :


### - a management board , which shall exercise the functions set out in article 5 ; ### - a board of regulators ;


### management board ### board of regulators


### 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 .


### functions of the management board ### tasks of the board of regulators


### the management board shall : ### the board of regulators shall :


### adopt and proceed with an assessment of the consolidated annual activity report on berec’s activities and send both the report and its assessment , by 1 july each year to the european parliament , the council , the commission and the court of auditors . the consolidated annual activity report shall be made public ; ### adopt and proceed with an assessment of the consolidated annual activity report on berec’s activities and send both the report and its assessment , by 1 july each year to the european parliament , the council , the commission and the court of auditors . the annual report on berec ' s activities shall be presented to the parliament and council by the director during a public session . the consolidated annual activity report shall be made public ;


### adopt its rules of procedure ; ### adopt and make public its rules of procedure . the rules of procedure shall set out in detail the arrangements governing voting , including the conditions under which one member may act on behalf of another member , the rules governing quorums , and the notification deadlines for meetings . furthermore , the rules of procedure shall guarantee that the members of the board of regulators are always provided with full agendas and draft proposals in advance of each meeting so that they have the opportunity to propose amendments prior to the vote . the rules of procedure may , inter alia , set out urgent voting procedures ;


### 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 .


### meetings of the management board ### plenary meetings and voting rules of the board of regulators


### the chairperson shall convene the meetings of the management board . ### plenary meetings of the board of regulators shall be convened by its chairperson and shall occur at least four times a year in ordinary session . extraordinary meetings shall also be convened at the initiative of the chairperson , at the request of the commission or at the request of at least one third of the board ' s members . the agenda of the meeting shall be set by the chairperson and shall be made public .


### the management board may invite any person whose opinion may be of interest to attend its meetings as an observer . ### the board of regulators may invite any person whose opinion may be of interest to attend its meetings as an observer .


### berec shall provide the secretariat for the management board . ### the berec office shall provide the secretariat for the board of regulators .


### where justified and in particular to implement the work programme of berec , the management board , may set up the necessary working groups . ### where justified and in particular to implement the annual work programme of berec and to develop the initial drafts of berec documents , the board of regulators may set up the necessary working groups .


### 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 management board may invite individual experts recognised as competent in the relevant field to participate in the working groups if necessary on a case - by - case basis . ### the board of regulators may invite individual experts recognised as competent in the relevant field to participate in the working groups if necessary on a case - by - case basis .


### the management board shall adopt internal rules of procedure laying down the practical arrangements for the operation of the working groups . ### the board of regulators shall adopt internal rules of procedure laying down the practical arrangements for the operation of the working groups .


### berec shall provide support to the working groups . ### the berec office shall provide support to the working groups . a member of staff of the berec office shall assist the chair or deputy chair and shall provide other professional and administrative support services to the working groups .


### by 31 january , the management board shall adopt the draft single programming document and forward it to the commission for it to provide its opinion . the draft single programming document shall also be forwarded to the european parliament and the council . ### by 31 january , the board of regulators shall adopt the draft single programming document and forward it to the commission for it to provide its opinion . the draft single programming document shall also be forwarded to the european parliament and the council .


### the management board shall subsequently adopt the single programming document taking into account the opinion of the commission . it shall forward it to the european parliament , the council and the commission , as well as any later updated version of that document . ### the board of regulators shall subsequently adopt the single programming document taking into account the opinion of the commission . it shall forward it to the european parliament , the council and the commission , as well as any later updated version of that document .


### the management board shall amend the adopted annual work programme when a new task is given to berec . ### the board of regulators shall amend the adopted annual work programme when a new task is given to berec .


### any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme . the management board may delegate the power to make non - substantial amendments to the annual work programme to the executive director . ### any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme . the board of regulators may delegate the power to make non - substantial amendments to the annual work programme to the director .


### 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 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 draft estimate of berec’s revenue and expenditure shall be sent by the executive director to the commission by 31 january each year . the information contained in the draft estimate of berec’s revenue and expenditure and in the draft single programming document referred to in article 15 shall be coherent . ### the draft estimate of the berec office ' s revenue and expenditure shall be sent by the director to the commission by 31 january each year . the information contained in the draft estimate of the berec office ' s revenue and expenditure and in the draft single programming document referred to in article 15 shall be coherent .


### the budgetary authority shall authorise the appropriations for the contribution to berec . ### the budgetary authority shall authorise the appropriations for the contribution to the berec office .


### the budgetary authority shall adopt berec’s establishment plan . ### the budgetary authority shall adopt the berec office’s establishment plan .


### berec’s budget shall be adopted by the management board . it shall become final following final adoption of the general budget of the union . where necessary , it shall be adjusted accordingly . ### the berec office ' s budget shall be adopted by the management board . it shall become final following final adoption of the general budget of the union . where necessary , it shall be adjusted accordingly .


### for any building project likely to have significant implications for the budget of berec , the provisions of commission delegated regulation no 1271 / 2013 shall apply . ### for any building project likely to have significant implications for the budget of the berec office , the provisions of commission delegated regulation no 1271 / 2013 shall apply .


### estimates of all revenue and expenditure for berec shall be prepared each financial year , corresponding to the calendar year and shall be shown in berec ' s budget . ### estimates of all revenue and expenditure for the berec office shall be prepared each financial year , corresponding to the calendar year and shall be shown in the berec office ' s budget .


### berec’s budget shall be balanced in terms of revenue and of expenditure . ### the berec office’s budget shall be balanced in terms of revenue and of expenditure .


### without prejudice to other resources , berec’s revenue shall comprise : ### without prejudice to other resources , the berec office’s revenue shall comprise :


### any contribution from third countries or the regulatory authorities competent in the field of electronic communications of third countries participating in the work of berec , as provided for by article 26 . ### any contribution from third countries or the regulatory authorities competent in the field of electronic communications of third countries participating in the work of the berec office , as provided for by article 26 .


### the expenditure of berec shall include staff remuneration , administrative and infrastructure expenses and operational expenditure . ### the expenditure of the berec office shall include staff remuneration , administrative and infrastructure expenses and operational expenditure .


### by 1 march of the following financial year , berec ' s accounting officer shall send the provisional accounts to the commission ' s accounting officer and to the court of auditors . ### by 1 march of the following financial year , the berec office ' s accounting officer shall send the provisional accounts to the commission ' s accounting officer and to the court of auditors .


### by 31 march of the following financial year , berec shall send the report on the budgetary and financial management to the european parliament , the council and the court of auditors . ### by 31 march of the following financial year , the berec office shall send the report on the budgetary and financial management to the european parliament , the council and the court of auditors .


### 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 management board shall deliver an opinion on berec’s final accounts . ### the management board shall deliver an opinion on the berec office’s final accounts .


### berec shall publish the final accounts in the official journal of the european union by 15 november of the following year . ### the berec office shall publish the final accounts in the official journal of the european union by 15 november of the following year .


### on a recommendation from the council acting by a qualified majority , the european parliament shall , before 15 may of year n + 2 , give a discharge to the executive director in respect of the implementation of the budget for year n . ### on a recommendation from the council acting by a qualified majority , the european parliament shall , before 15 may of year n + 2 , give a discharge to the director in respect of the implementation of the budget for year n .


### 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 staff regulations and the conditions of employment of other servants and the rules adopted by agreement between the institutions of the union for giving effect to those staff regulations and the conditions of employment of other servants shall apply to the staff of berec . ### the staff regulations and the conditions of employment of other servants and the rules adopted by agreement between the institutions of the union for giving effect to those staff regulations and the conditions of employment of other servants shall apply to the staff of the berec office .


### berec may make use of seconded national experts or other staff not employed by berec . the staff regulations and the conditions of employment of other servants shall not apply to such staff . ### the berec office may make use of seconded national experts or other staff not employed by the berec office . the staff regulations and the conditions of employment of other servants shall not apply to such staff .


### the management board shall adopt a decision laying down rules on the secondment of national experts to berec . ### the management board shall adopt a decision laying down rules on the secondment of national experts to the berec office .


### the protocol on the privileges and immunities of the european union shall apply to berec and its staff . ### the protocol on the privileges and immunities of the european union shall apply to the berec office and its staff .


### as part of the single programming document , the management board shall adopt a strategy for relations with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations concerning matters for which berec is competent . the commission and the agency shall conclude an appropriate working arrangement aiming at ensuring that berec operates within its mandate and the existing institutional framework . ### as part of the single programming document , the board of regulators shall adopt a strategy for relations with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations concerning matters for which berec is competent . the commission and the berec shall conclude an appropriate working arrangement aiming at ensuring that berec operates within its mandate and the existing institutional framework .


### transparency and communication ### access to documents , transparency and communication


### regulation no 1049 / 2001 of the european parliament and of the council40 shall apply to documents held by berec . the management board shall , within six months of the date of its first meeting , adopt the detailed rules for applying regulation no 1049 / 2001 . __________________ 40 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents . ### regulation no 1049 / 2001 of the european parliament and of the council40 shall apply to documents held by berec and the berec office . the board of regulators and the management board shall , by . . . [ please insert the date : . . . months after the date of the application of this regulation ] , adopt the detailed rules for applying regulation no 1049 / 2001 . __________________ 40 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents .


### the processing of personal data by berec shall be subject to regulation no 45 / 2001 of the european parliament and of the council41 . the management board shall , within six months of the date of its first meeting , establish measures for the application of regulation no 45 / 2001 by berec , including those concerning the appointment of a data protection officer of berec . those measures shall be established after consultation of the european data protection supervisor . __________________ 41 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the institutions and bodies of the community and on the free movement of such data . ### the processing of personal data by berec and the berec office shall be subject to regulation no 45 / 2001 of the european parliament and of the council41 . __________________ 41 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the institutions and bodies of the community and on the free movement of such data .


### berec may engage in communication activities on its own initiative within its field of competence . the allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks referred to in article 2 and 2 of this regulation . communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the management board . ### berec and the berec office may engage in communication activities on its own initiative within its field of competence . the allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks referred to in article 2 and 2 of this regulation . communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the management board .


### without prejudice to article 27 , berec shall not disclose to third parties information that it processes or receives in relation to which a reasoned request for confidential treatment , in whole or in part , has been made . ### without prejudice to article 27 , the berec office shall not disclose to third parties information that it processes or receives in relation to which a reasoned request for confidential treatment , in whole or in part , has been made .


### 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 .


### upon a duly justified request from berec , the commission and the nras shall provide berec with all the necessary information , in a timely and accurate manner , to carry out its tasks , provided that they have legal access to the relevant information and that the request for information is necessary in relation to the nature of the task in question . ### upon a duly justified request from berec or the berec office , the commission and the nras shall provide berec or the berec office with all the necessary information , in a timely and accurate manner , to carry out its tasks , provided that they have legal access to the relevant information and that the request for information is necessary in relation to the nature of the task in question .


### berec may also request the nras information to be provided at recurring intervals and in specified formats . such requests shall , where possible , be made using common reporting formats . ### berec or the berec office may also request the nras information to be provided at recurring intervals and in specified formats . such requests shall , where possible , be made using common reporting formats .


### upon a duly justified request from the commission or an nra , berec shall provide in a timely and accurate manner any information that is necessary to enable the commission or the nra to carry out its tasks , based on the principle of sincere cooperation . ### upon a duly justified request from the commission or an nra , berec or the berec office shall provide in a timely and accurate manner any information that is necessary to enable the commission or the nra to carry out its tasks , based on the principle of sincere cooperation .


### before requesting information in accordance with this article and in order to avoid the duplication of reporting obligations , berec shall take account of any relevant existing information publicly available . ### before requesting information in accordance with this article and in order to avoid the duplication of reporting obligations , berec or the berec office shall take account of any relevant existing information publicly available .


### where information is not available or is not made available by the nras in a timely fashion or in circumstances where a direct request by berec would prove more efficient and less burdensome , berec may address a duly justified and reasoned request to other authorities or directly to the relevant undertakings providing electronic communications networks , services and associated facilities . ### where information is not available or is not made available by the nras in a timely fashion or in circumstances where a direct request by berec or the berec office would prove more efficient and less burdensome , berec or the berec office may address a duly justified and reasoned request to other authorities or directly to the relevant undertakings providing electronic communications networks , services and associated facilities .


### at the request of berec , the nras shall assist berec in collecting the information . ### at the request of berec or the berec office , the nras shall assist berec or the berec office in collecting the information .


### 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 and their alternates of the management board and the board of regulators , 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 .


### 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 and their alternates of the management board and of the board of regulators , 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 order to facilitate combating fraud , corruption and other unlawful activities under regulation no 883 / 2013 of the european parliament and of the council44 , within six months after the entry into force of this regulation , it shall accede to the interinstitutional agreement of 25 may 1999 concerning internal investigations by the olaf and adopt appropriate provisions applicable to all employees of berec using the template set out in the annex to that agreement . __________________ 44 regulation no 883 / 2013 of the european parliament and of the council of 11 of september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 . ### in order to facilitate combating fraud , corruption and other unlawful activities under regulation no 883 / 2013 of the european parliament and of the council44 , by . . . [ please insert date : . . . months after the entry into force of this regulation ] , the berec office shall accede to the interinstitutional agreement of 25 may 1999 concerning internal investigations by the olaf and adopt appropriate provisions applicable to all employees of the berec office using the template set out in the annex to that agreement . __________________ 44 regulation no 883 / 2013 of the european parliament and of the council of 11 of september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 .


### the european court of auditors shall have the power of audit , on the basis of documents and on the spot , over all grant beneficiaries , contractors and subcontractors who have received union funds from berec . ### the european court of auditors shall have the power of audit , on the basis of documents and on the spot , over all grant beneficiaries , contractors and subcontractors who have received union funds from the berec office .


### olaf may carry out investigations , including on - the - spot checks and inspections with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union in connection with a grant or a contract funded by berec , in accordance with the provisions and procedures laid down in regulation no 883 / 2013 and council regulation no 2185 / 9645 . __________________ 45 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . ### olaf may carry out investigations , including on - the - spot checks and inspections with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union in connection with a grant or a contract funded by the berec office , in accordance with the provisions and procedures laid down in regulation no 883 / 2013 and council regulation no 2185 / 9645 . __________________ 45 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities .


### without prejudice to paragraphs 1 , 2 and 3 , cooperation agreements with competent authorities of third countries and international organisations , contracts , grant agreements and grant decisions of berec shall contain provisions expressly empowering the european court of auditors and olaf to conduct such audits and investigations , according to their respective competences . ### without prejudice to paragraphs 1 , 2 and 3 , cooperation agreements with competent authorities of third countries and international organisations , contracts , grant agreements and grant decisions of the berec office shall contain provisions expressly empowering the european court of auditors and olaf to conduct such audits and investigations , according to their respective competences .


### berec ' s contractual liability shall be governed by the law applicable to the contract in question . ### the berec office ' s contractual liability shall be governed by the law applicable to the contract in question .


### the court of justice of the european union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by berec . ### the court of justice of the european union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the berec office .


### in the case of non - contractual liability , berec shall , in accordance with the general principles common to the laws of the member states , make good any damage caused by its departments or by its staff in the performance of their duties . ### in the case of non - contractual liability , the berec office shall , in accordance with the general principles common to the laws of the member states , make good any damage caused by its departments or by its staff in the performance of their duties .


### the personal liability of its staff towards berec shall be governed by the provisions laid down in the staff regulations or conditions of employment applicable to them . ### the personal liability of its staff towards the berec office shall be governed by the provisions laid down in the staff regulations or conditions of employment applicable to them .


### the activities of berec shall be subject to the inquiries of the european ombudsman in accordance with article 228 of the treaty . ### the activities of the berec office shall be subject to the inquiries of the european ombudsman in accordance with article 228 of the treaty .


### the provisions laid down in regulation no 1 / 5846 shall apply to berec . __________________ 46 council regulation no 1 determining the languages to be used by the european economic community . ### the provisions laid down in regulation no 1 / 5846 shall apply to the berec office . __________________ 46 council regulation no 1 determining the languages to be used by the european economic community .


### the translation services required for the functioning of berec shall be provided by the translation centre of the bodies of the european union . ### the translation services required for the functioning of the berec office shall be provided by the translation centre of the bodies of the european union .


### 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 host member state ;


### 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 , latvia , 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 .


### no later than five years from the day of entry into force of this regulation , and every five years thereafter , the commission shall perform an evaluation in compliance with the commission guidelines to assess berec ' s performance in relation to its objectives , mandate , tasks and location . the evaluation shall , in particular , address the possible need to modify the mandate of berec , and the financial implications of any such modification . ### no later than five years from the day of entry into force of this regulation , and every five years thereafter , the commission shall perform an evaluation in compliance with the commission guidelines to assess the performance of berec and the berec office in relation to its objectives , mandate , tasks and location . the evaluation shall , in particular , address the possible need to modify the mandate of berec and the berec office , and the financial implications of any such modification .


### where the commission considers that the continuation of berec is no longer justified with regard to its assigned objectives , mandate and tasks , it may propose that this regulation be amended accordingly or repealed . ### where the commission considers that the continuation of berec and the berec office is no longer justified with regard to its assigned objectives , mandate and tasks , it may propose that this regulation be amended accordingly or repealed .


### in particular , this regulation shall not affect the rights and obligations of the staff of the office established under regulation no 1211 / 2009 . their contracts may be renewed under this regulation in accordance with the staff regulations and the conditions of employment and in accordance with the budgetary constraints of berec . ### in particular , this regulation shall not affect the rights and obligations of the staff of the office established under regulation no 1211 / 2009 . their contracts may be renewed under this regulation in accordance with the staff regulations and the conditions of employment and in accordance with the budgetary constraints of the berec office .


### as interim executive director , he / she shall exercise the appointing authority powers . he / she may authorise all payments covered by appropriations entered in berec’s budget after approval by the management board and may conclude contracts , including staff contracts , following the adoption of berec’s establishment plan . ### as interim director , he / she shall exercise the appointing authority powers . he / she may authorise all payments covered by appropriations entered in the berec office’s budget after approval by the management board and may conclude contracts , including staff contracts , following the adoption of berec’s establishment plan .


### the contract of employment of the administrative manager appointed on the basis of regulation no 1211 / 2009 shall be terminated at the the end of his / her term of office or the day when the executive director takes up his / her duties following his / her appointment by the management board in accordance with article 22 , whichever is the earlier . ### the contract of employment of the administrative manager appointed on the basis of regulation no 1211 / 2009 shall be terminated at the end of his / her term of office or the day when the director takes up his / her duties following his / her appointment by the management board in accordance with article 22 .


### references to regulation no 1211 / 2009 and to the berec office shall be construed as references to this regulation and to berec . ### references to regulation no 1211 / 2009 shall be construed as references to this regulation .


### 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 migration8 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 . __________________ 8 com 240 final , 13 . 5 . 2015 . ### 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 for a more coordinated and effective union action by strengthening 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 or based solely on economic grounds . 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 . __________________ 8 com 240 final , 13 . 5 . 2015 .


### 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 the interests of the proper functioning of the internal market , it is necessary to further improve and expedite the transmission and service between the member states of judicial and extrajudicial documents in civil and commercial matters . ### in the interests of the proper functioning of the internal market , it is necessary to further improve and expedite the transmission and service between the member states of judicial and extrajudicial documents in civil and commercial matters . at the same time , a high level of security and protection must be ensured in the transmission and service of these documents , and the fundamental rights and protection of the personal data of the addressees must be guaranteed .


### in the interests of the proper functioning of the internal market , it is necessary to further improve and expedite the transmission and service between the member states of judicial and extrajudicial documents in civil and commercial matters . ### in the interests of the proper functioning of the internal market and the development of a european area of civil justice governed by the principle of mutual trust and mutual recognition of judgments , it is necessary to further improve and expedite the transmission and service between the member states of judicial and extrajudicial documents in civil and commercial matters .


### 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 effectively the speedy , direct and secure 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 , while at the same time ensuring respect for the procedural rights of those concerned and the protection , integrity and confidentiality of personal data and privacy in line with the rules in force at eu level . 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 .


### 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 the good time 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 or courier services and direct service . it should be possible to remedy the service of the refused document by serving an official translation of the document on the addressee .


### 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 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 an extended period of 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 .


### 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 . consequently , it should be possible for a person interested in a judicial proceeding or a court or authority seised in respect of a legal proceeding to effect service of documents directly through electronic means to the electronic address 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 addresses are used for the purpose of service of documents only if there are appropriate safeguards for the protection of the interests of the addressees , including by way of high technical standards or through an explicit consent given by the addressee . where documents are served or transmitted electronically , the possibility must be available of providing acknowledgement of receipt of the documents . the addressee must be able to refuse electronic acceptance of a document .


### 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 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 . ### the already existing direct channels for transmission and service of documents should be improved so that they provide reliable , secure and generally accessible alternatives to the traditional transmission via the receiving agencies . for this purpose , postal or courier service providers should use a specific acknowledgement of receipt when performing service by post or courier 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 .


### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure full respect of the rights of defence of the addressees , which derive from the right to a fair trial , enshrined in article 47 of the charter of fundamental rights . ### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure full respect of the rights of defence of the addressees , which derive from the right to a fair trial , enshrined in article 47 of the charter of fundamental rights . similarly , by guaranteeing equal access to justice , the regulation serves to promote non - discrimination , while furthermore applying in accordance with existing eu rules on the protection of personal data and privacy .


### documents , requests , confirmations , receipts , certificates and any communication carried out on the basis of the standard forms in annex i between the transmitting agencies and receiving agencies , between those agencies and the central bodies , or between the central bodies of the different member states shall be transmitted through a decentralised it system composed of national it systems interconnected by a communication infrastructure enabling the secure and reliable cross - border exchange of information between the national it systems . ### documents , requests , confirmations , receipts , certificates and any communication carried out on the basis of the standard forms in annex i between the transmitting agencies and receiving agencies , between those agencies and the central bodies , or between the central bodies of the different member states shall be transmitted through a decentralised it system composed of national it systems interconnected by a communication infrastructure enabling the secure and reliable cross - border exchange of information in real time between the national it systems .


### where the documents , requests , confirmations , receipts , certificates and other communication referred to in paragraph 1 require or feature a seal or handwritten signature , ‘ qualified electronic seals’ and ‘ qualified electronic signatures’ as defined in regulation no 910 / 2014 of the european parliament and of the council may be used instead . ### where the documents , requests , confirmations , receipts , certificates and other communication referred to in paragraph 1 require a seal or handwritten signature , the appropriate ‘ qualified electronic seals’ and ‘ qualified electronic signatures’ as defined in regulation no 910 / 2014 of the european parliament and of the council may be used instead .


### if transmission in accordance with paragraph 1 is not possible due to an unforeseen and exceptional disruption of the decentralised it system , transmission shall be carried out by the swiftest possible alternative means . ### if transmission in accordance with paragraph 1 is not possible due to an unforeseen and exceptional disruption of the decentralised it system , transmission shall be carried out by the swiftest possible alternative means , guaranteeing the same high level of efficiency , reliability , security and protection of privacy and personal data .


### if transmission in accordance with paragraph 1 is not possible due to an unforeseen and exceptional disruption of the decentralised it system , transmission shall be carried out by the swiftest possible alternative means . ### if transmission in accordance with paragraph 1 is not possible due to unforeseen circumstances or exceptional disruption of the decentralised it system , transmission shall be carried out by the swiftest possible alternative means .


### where the address of the person to be served with the judicial or extrajudicial document in another member state is not known , member states shall provide assistance by one or more of the following means : ### where the address of the person to be served with the judicial or extrajudicial document in another member state is not known , member states shall , as soon as possible , provide assistance by one or more of the following means :


### if the request for service is manifestly outside the scope of this regulation or if non - compliance with the formal conditions required makes service impossible , the request and the documents transmitted shall be returned , on receipt , to the transmitting agency , together with the notice of return using the standard form set out in annex i . ### if the request for service is manifestly outside the scope of this regulation or if non - compliance with the formal conditions required makes service impossible , the request and the documents transmitted shall be returned immediately , on receipt , to the transmitting agency , together with the notice of return using the standard form set out in annex i .


### 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 , as soon as possible , 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 , 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 to the transmitting agency as soon as possible 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 , 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 immediately , 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 immediately to the transmitting agency , via the decentralised it system referred to in article 3a . ;


### where a document instituting the proceedings has been served upon the defendant , the law of the forum member state may impose an obligation upon parties who are domiciled in another member state to appoint a representative for the purpose of service of documents on them in the forum member state . ### where a document instituting the proceedings has been served upon the defendant , the law of the forum member state may impose an obligation upon parties who are domiciled in another member state to appoint a representative for the purpose of service of documents on them in the forum member state for the proceedings .


### if the addressee has refused to accept the document in accordance with paragraphs 1 and 2 , the court or authority seised with the legal proceedings , in the course of which service was carried out , shall verify whether the refusal was well founded . ### if the addressee has refused to accept the document in accordance with paragraphs 1 and 2 , the court or authority seised with the legal proceedings , in the course of which service was carried out , shall verify at the earliest opportunity whether the refusal was well founded .


### the service of the document may be remedied through the service on the addressee , in accordance with the provisions of this regulation of the document accompanied by a translation into a language provided for in paragraph 1 . in that case , the date of service of the document shall be the date on which the document accompanied by the translation is served in accordance with the law of the member state addressed . however , where according to the law of a member state , a document has to be served within a particular period , the date to be taken into account with respect to the applicant shall be the date of the service of the initial document determined pursuant to article 9 . ### the service of the document may be remedied through the service on the addressee , in accordance with the provisions of this regulation of the document accompanied by an official translation into a language provided for in paragraph 1 . in that case , the date of service of the document shall be the date on which the document accompanied by an official translation is served in accordance with the law of the member state addressed . however , where according to the law of a member state , a document has to be served within a particular period , the date to be taken into account with respect to the applicant shall be the date of the service of the initial document determined pursuant to article 9 .


### for the purposes of paragraph 1 , the diplomatic or consular agents , where service is effected in accordance with article 13 , or the authority or person , where service is effected in accordance with article 14 or 15a , shall inform the addressee that he or she may refuse to accept the document and that any document refused must be sent to those agents or to that authority or person respectively . ' ; ### for the purposes of paragraph 1 , the diplomatic or consular agents , where service is effected in accordance with article 13 , or the authority or person , where service is effected in accordance with article 14 or 15a , shall inform the addressee that he or she may refuse to accept the document and that any document refused must be sent immediately to those agents or to that authority or person respectively . ' ;


### article 14 service by postal services ### article 14 service by postal or courier services


### service of judicial documents may be effected directly by postal services on persons domiciled in another member state by registered letter with acknowledgement of receipt . ### service of judicial documents may be effected directly by postal or courier services on persons domiciled in another member state by registered letter or bundle with acknowledgement of receipt .


### for the purpose of this article , service by post shall be carried out by using the specific acknowledgement of receipt set out in annex iv . ### for the purpose of this article , service by post shall be carried out by using the specific acknowledgement of receipt set out in annex iv . the mail service provider shall not be responsible for the accuracy of the information or for legal assessment of the representation relationships in the acknowledgement of receipt .


### for the purpose of this article , service by post shall be carried out by using the specific acknowledgement of receipt set out in annex iv . ### for the purpose of this article , service by post or courier shall be carried out by using the specific acknowledgement of receipt set out in annex iv .