Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's Common Position regarding the Proposal for a Regulation of the European Parliament and of the Council establishing the Group of European Regulators in Telecoms amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2009-07-29
Institutions: European Commission
Subjects: Community body, disclosure of information, electronic mail, means of communication, telecommunications, transmission network

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.7.2009 
COM(2009) 422 final 

2007/0249 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's Common Position regarding the 
Proposal for  

a Regulation of the European Parliament and of the Council establishing the Group of 
European Regulators in Telecoms 

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the 
EC Treaty 

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2007/0249 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's Common Position regarding the 
Proposal for  

a Regulation of the European Parliament and of the Council establishing the Group of 
European Regulators in Telecoms 

1. 

BACKGROUND 

Procedure 

The Commission adopted its proposal for a Regulation COM (2007) 699 – 2007/0249 (COD) 
on 13 November 2007 and submitted it to the European Parliament and to the Council on 13 
November 2007 for adoption by co-decision procedure as laid down in Article 251 of the EC 
Treaty. 

The Economic and Social Committee gave its opinion on 29 May 2008. The Committee of the 
Regions adopted its opinion on 19 June 2008. 

On  5  November  2008  the  Commission  adopted,  in  accordance  with  Article 250  of  the  EC 
Treaty,  its  amended  proposal1  incorporating  in  whole  or  in  part  many  of  the  amendments 
voted by the European Parliament in its first reading on 24 September 2008. 

The Council, in accordance with Article 251 of the EC Treaty, adopted its common position 
on the proposal on 16 February 20092. 

The Commission adopted its Communication on the common position of the Council on 17 
February 20093. 

The European Parliament adopted its position in second reading on 6 May 2009. 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

The aim of the Commission’s proposal is to establish an independent expert body that would 
make an effective contribution to furthering the completion of the internal market by assisting 
the  Commission  and  the  national  regulatory  authorities  in  implementing  the  EU  regulatory 
framework for electronic communications. 

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COM(2008) 720 final. 
OJ C 75E, 31.3.2009, p. 67. 
COM(2009) 78 final. 

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3. 

COMMISSION COMMENTS 

3.1. 

General 

At  its  Plenary  Session  of  6  May  2009,  the  European  Parliament  adopted  a  number  of 
amendments  negotiated  with  the  Council  to  the  Council's  common  position  with  a  view  to 
securing  adoption  in  second  reading.  These  amendments  concern  essentially  the  following 
elements: 

The  Regulation  as  amended  by  the  European  Parliament  establishes  a  two-tier  structure:  the 
Body of European Regulators for Electronic Communications (BEREC), composed of a Board 
consisting of the 27 national regulators, would have advisory powers but no legal personality; 
the  Office,  comprising  a  Management  Committee  (27  +  1  member  representing  the 
Commission)  and  an  Administrative  Manager,  would  have  a  support  role,  and  would  be  a 
Community body with legal personality. BEREC would assist the Commission and the national 
regulators  with  expert  advice  in  the  range  of  their  responsibilities  under  the  EU  regulatory 
framework  for  electronic  communications.  The  Office  would  provide  the  professional  and 
administrative support services required by BEREC to fulfil its tasks and would be financed by 
a  Community  subsidy  and  financial  contributions  from  Member  States  or  NRAs  made  on  a 
voluntary basis to finance specific items of operational expenditure. 

The  Commission  accepts  the  European  Parliament's  amendments  as  being  in  line  with  the 
overall purpose and the general characteristics of the proposal. 

3.2. 

Amended Proposals 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its Proposal in line with 
the amendments voted by the European Parliament at its plenary session on 6 May 2009. 

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