Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Body of European Regulators for Electronic Communications
Date: 2016-09-14
Institutions: Directorate-General for Communications Networks, Content and Technology, European Commission
Subjects: EU office or agency, information technology, operation of the Institutions, regulation of telecommunications, trans-European network, transmission network

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 14.9.2016  COM(2016) 591 final 2016/0286 (COD)   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Body of European Regulators for Electronic Communications (Text with EEA relevance) {SWD(2016) 303} {SWD(2016) 304}  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
In its Communication of May 2015, A Digital Single Market Strategy for Europe1 (‘the DSM 
Strategy’), the Commission envisaged presenting proposals in 2016 for an ambitious overhaul 
of the regulatory framework for electronic communications. The aim of the overhaul is inter 
alia  to  ensure  a  more  effective  regulatory  institutional  framework  in  order  to  make  the 
telecoms  rules  fit  for  purpose  as  part  of  the  creation  of  the  right  conditions  for  the  digital 
single  market.  These  include  the  deployment  of  very  high  capacity  connectivity  networks, 
more coordinated management of radio spectrum for wireless  networks and creating a level 
playing  field  for  advanced  digital  networks  and  innovative  services.  The  communication 
pointed  out  that  the  changing  market  and  technological  environment  make  it  necessary  to 
strengthen  the  institutional  framework  by  enhancing  the  role  of  the  Body  of  European 
Regulators for Electronic Communications (‘BEREC’). 
In its Resolution ‘Towards a Digital Single Market Act’2, the European Parliament called on 
the Commission to integrate further the digital single market by ensuring that a more efficient 
institutional  framework  is  in  place.  It  can  do  this  by  strengthening  the  role,  capacity  and 
decision-making  powers  of  BEREC  in  order  to  allow  it  (i)  to  foster  the  consistent 
implementation of the regulatory framework for electronic communications, (ii) to enable an 
efficient oversight of BEREC over the development of the single market and (iii) to help it to 
resolve cross-border disputes. The European Parliament also stressed, in this regard, the need 
to improve the financial and human resources and further enhance the governance structure of 
BEREC. 

This proposal has to be read in conjunction with the proposal for Directive of the European 
Parliament  and  of  the  Council  establishing  the  European  Electronic  Communications  Code 
(‘the  Directive’).  That  proposal  entrusts  BEREC  with  additional  tasks  that  would  help  to 
ensure that the regulatory framework is implemented consistently. This in turn would foster 
the  Union. 
the  development  of 
Furthermore, BEREC  would also contribute to the promotion of access and take up of very 
high capacity data connectivity, of competition in the provision of electronic communications 
networks and services as well as to the promotion of the interests of the citizens of the Union. 
This proposal aims to strengthen the institutional role of BEREC and enhance its governance 
structure by turning it into an agency in order to make it fit for the purpose of carrying out its 
future tasks. 

the  electronic  communications  market 

throughout 

Since  taking  up  its  responsibilities  in  2010  and  becoming  fully  functional  in  2011,  BEREC 
and  the  BEREC  Office  (‘the  BEREC  Office’)  have  made  a  positive  contribution  to  the 
consistent  implementation  of  the  regulatory  framework.  They  have  also  provided  valuable 
technical  expertise  to  the  national  regulatory  authorities  (‘NRAs’)  and  EU  institutions. 
Regulation  (EU)  No 2015/2120  recently  set  out  additional  tasks  for  BEREC.  These  are 
issuing  guidelines  on  the  fulfilment  of  the  obligations  of  NRAs  in  relation  to  open  internet 
access,  as  well  as  issuing  opinions  on  draft  implementing  acts  to  be  adopted  by  the 
Commission  in  relation  to  Union-wide  roaming  and  certain  reporting  obligations.  The 
proposal for a Directive accompanying this proposal entrusts BEREC with further new tasks, 
such as playing a greater role in the consultation mechanism for market regulatory remedies, 

1 
2 

COM(2015) 192 final. 
European  Parliament  resolution  of  19  January  2016  on  Towards  a  Digital  Single  Market  Act 
(TA(2016)0009). 

EN 

2 

   EN 

 
                                                 
providing guidelines for NRAs on geographical surveys, developing common approaches to 
meeting  transnational  end-user  demand,  delivering  opinions  on  draft  national  measures  on 
assignments of rights of use for radio spectrum (the radio spectrum ‘peer review’), and setting 
up a register on the extraterritorial use of numbers and cross-border arrangements and one on 
providers of electronic communications networks and services. 

BEREC and the BEREC Office have had a significantly enhanced role, in particular in cross-
border  matters  (such  as  machine-to-machine  (M2M)  services  or  transnational  demand  for 
business  users)  and  gained  experience  in  ensuring  a  consistent  implementation  of  the 
regulatory  framework.  It  seems  appropriate  and  necessary  to  build  on  this  experience  by 
turning both together into a fully fledged agency. The new agency, which will have a broader 
mandate,  should  continue  the  work  of  BEREC  and  continue  the  pooling  of  expertise  from 
NRAs. Given that BEREC’s brand identity is already well established and we seek t o build 
upon  it  plus  in  light  of  the  not  insiginificant  costs  of  changing  its  name,  the  new  agency 
should retain the name of BEREC. 

By enhacing the role of BEREC in the field of electronic communications and by aiming to 
align its structure and governance, operation, programming and accountability with the Joint 
Statement  of  the  European  Parliament,  the  Council  and  the  Commission  on  decentralised 
agencies of 19 July 2012 (‘the Common Approach’)3, we are ensuring that the proposal serves 
to support Union's priorities. 

• 

Consistency with existing policy provisions in the policy area 

The clear objectives of BEREC make this proposal highly synergetic with the other initiatives 
included in the DSM Strategy. This is because connectivity services provided over electronic 
communications  networks  serve as  the  backbone  for  the  distribution  of digital  products  and 
services. 

The  proposal  complements  the  existing  sector-specific  regulation.  Proposed  radio  spectrum 
tasks for BEREC take into account the existing instruments in the area, in particular the Radio 
Spectrum  Decision  676/2002/EC,  the  Radio  Spectrum  Policy  Group  Decision  2002/622/EC 
and  Decision  243/2012/EU  establishing  a  multiannual  radio  spectrum  policy  programme 
(RSPP). 

It  also  incorporates  in  the  BEREC  Regulation  the  tasks  assigned  to  BEREC  in  the  recently 
adopted  Regulation  (EU)  2015/2120,  which  sets  out  rules  for  ensuring  open  internet  and 
abolishing roaming surcharges. 

By the end of 2016, the Commission is expected to present a review proposal for the Directive 
on  privacy  and  electronic  communications4.  The  scope  of  the  current  proposal  for  a 
Regulation may need to be adjusted in light of the outcome of the future review proposal.  

The aim of this proposal is to provide BEREC with an appropriate and efficient governance 
structure,  mandate  and  the  tools  it  needs  to  ensure  a  consistent  implementation  of  the 
regulatory framework. In this respect, it complements other electronic communications legal 
and policy instruments. 

BEREC  may  carry  out  its  tasks  as  necessary  in  cooperation  with  other  Union  bodies, 
agencies,  offices  and  advisory  groups,  in  particular  the  Radio  Spectrum  Policy  Group,  the 

3 

4 

Joint Statement of the European Parliament, the Council and the Commission on decentralised agencies 
of 19 July 2012. 
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the 
processing of personal data and the protection of privacy in the electronic communications sector (OJ 
L 201, 31.7.2002, p. 37). 

EN 

3 

   EN 

 
                                                 
European  Data  Protection  Board,  the  European  Regulators  Group  for  Audiovisual  Media 
Services and the European Union Agency for Network and Information Security; as well as 
with  existing committees (such as  the Communications Committee  and the Radio Spectrum 
Committee). 

• 

Consistency with other Union policies 

The  DSM  Strategy  is  one  of  the  10  priorities  the  new  Commission  set  out  in  2014.  This 
proposal  is  also  in  line  with  other  top  priorities  of  the  Commission,  in  particular  other 
initiatives  to  make  the  internal  market  deeper and  fairer  and  to  stimulate  investment,  create 
jobs and foster sustainable growth. 

Some of BEREC’s tasks build on and complement existing Union law in several areas. One 
such  task  is  to  provide  opinions  on  draft  national  measures  related  to  the  internal  market 
procedures for market regulation. These continue to be based on the principles of competition 
law.  Another  such  task  is  to  provide  guidelines  on  geographical  surveys  of  network 
deployments.  These  also  provide  useful  information  for  State  aid  purposes,  enhancing  the 
coherence between the two policies. 

Moreover, the proposal aims at BEREC becoming a Union decentralised agency and aligns it 
with the principles of the Common Approach. 

Consistency with international law obligations 

If necessary when carrying out its tasks, BEREC may cooperate with competent authorities of 
third countries and/or with international organisations. This cooperation should be based on 
working  arrangements,  which  should  respect  the  Union's  international  relations  and  should 
not create legal obligations incumbent on the Union and its Member States. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  proposal  is  based  on  Article  114  of  the  Treaty,  as  it  relates  to  the  development  and 
functioning of the internal market for electronic communications. 

• 

Subsidiarity (for non-exclusive competence) 

The Union needs to act to address inconsistencies in the application of the current framework 
and the shortcomings of the existing institutional set-up as well as the inconsistencies in the 
distribution  of  responsibilities  among  Member  States,  NRAs  and  the  Commission.  Market 
fragmentation is not solely to blame on the current regulatory set-up in the Union. However, it 
has  become  apparent  over  the  past  few  years  that  the  lack  of  consistency  in  telecoms 
regulation  is,  at  least  partly,  due  to  the  current  institutional  set-up  and  the  way  the  various 
institutional  players  (mainly  the  NRAs,  BEREC  and  the  Commission)  interact  and  can 
influence the regulatory outcome. Giving BEREC strengthened powers in the area of ex ante 
market regulation will enhance legal certainty and contribute to regulatory consistency. 

Market  and  technological  developments  also  mean  that  there  are  a  number  of  cross-border 
aspects which required regulatory consistency across Member States. A Union body can deal 
better with these aspects than individual Member States. This is particularly true for services 
such as M2M. These services should be provided in such a way as to be able seamlessly to 
cross national boundaries. There are also still national barriers to the provision of cross-border 
business communications services. This is a significant missed opportunity for the functioning 
and development of the internal market. 

EN 

4 

   EN 

 
It  is  a  common  and  shared  interest  to  ensure  harmonised,  consistent  and  efficient 
implementation of the regulatory framework with the support of BEREC. The Member States 
cannot  therefore  sufficiently  achieve  the  objectives  of  this  proposal.  They  can  be  achieved 
better  at  Union  level.  The  Union  may  therefore  adopt  measures  in  accordance  with  the 
principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 

• 

Proportionality 

The  proposal  complies  with  the  proportionality  principle,  in  particular  with  regard  to  the 
objectives  and  tasks  of  BEREC.  It  aims  to  ensure  the  consistent  implementation  of  the 
regulatory framework, thus contributing to the development of the electronic communications 
market throughout the Union, the promotion of access to and take-up of both fixed and mobile 
very  high  capacity  data  connectivity,  of  competition  in  the  provision  of  electronic 
communications  networks  and  services  and  of  the  interests  of  the  citizens  of  the  Union. 
BEREC  should  assist  the  Commission  and  NRAs;  provide  guidelines  in  order  to  ensure 
consistency  of  NRAs  measures;  issue  opinions  through  efficient  internal  market  procedures 
on  draft  national  measures;  keep  registers  of  network  and  services  providers  and  numbers 
with  extraterritoriality  use;  adopt  binding  decisions  on  two  cross-border  matters:  the 
identification of transnational markets and a contract summary template. BEREC would have 
quasi-binding powers in relation to the internal market procedures for draft national measures 
on market regulation (the ‘double-lock’ system) and the establishment of a single maximum 
termination rate for the Union. 

The new agency should continue the work of BEREC and continue pooling the expertise of 
NRAs, which remain at the core of the agency’s work and are members of its Management 
Board.  NRAs  will  continue  to  do  most  of  the  work  relating  to  the  implementation  of  the 
regulatory framework. 

In particular regarding access regulation, the NRAs remain competent to ensure that market 
failures  are  addressed  with  appropriate  remedies  and  that  regulation  helps  achieve  the 
common  policy  objectives.  The  proposed  rules  provide  regulators  with  additional  tools  to 
address  the  current  connectivity  challenges,  but  the  way  they  are  to  be  used  depends  on 
national circumstances which are for national regulators to assess. The reason for the targeted 
strengthening of the regulatory oversight, mainly by giving BEREC a greater role in such an 
oversight process, is the evident lack of consistency in the application of current rules, when 
consistency is crucial for the internal market to function properly. 

Radio spectrum management also remains the competence of Member States. The proposed 
rules  provide  an  overall  framework  for  coherent  radio  spectrum  management  across  the 
Union, while Member States may apply the rules taking national circumstances into account. 
Given  the  major  cross-border  implications  of  radio  spectrum  management  and  its  wider 
impact on connectivity in the internal market, certain coordination procedures at Union level 
are necessary. 

As a regulation, the proposed instrument will apply directly in the Union. The financial and 
administrative  burden  on  the  Union,  national  governments  and  economic  operators  will 
therefore  be  minimised  and  proportionate  to  the  objective  of  the  proposal.  It  enhances  the 
proportionality of the current situation in which a Union agency was set up mainly to support 
BEREC.  It  ensures  that  the  new  agency  provides  further  added  value  and  is  aligned  with 
Union policy priorities, in particular the DSM Strategy. 

In view of its objectives and in accordance with the principle of proportionality, as set out in 
Article  5  of  the  Treaty  on  European  Union,  this  regulation  does  not  go  beyond  what  is 
necessary in order to achieve those objectives. 

EN 

5 

   EN 

 
• 

Choice of the instrument 

Only  a  regulation  having  direct  application  can  provide  for  the  setting  up  of  a  Union 
decentralised agency and for setting out its tasks and objectives, thus providing the necessary 
degree of efficiency and uniformity needed to implement the regulatory framework. 

The  same  legal  instrument  was  chosen  for  the  setting  up  of  BEREC  and  the  Office 
(Regulation  (EC)  1211/2009).  This  regulation  aims  to  amend  and  expand  the  provisions  of 
Regulation  (EC)  1211/2009.  Since  the  amendments  to  be  made  are  substantial,  that  act 
should, in the interests of clarity, be replaced and repealed. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The  Commission  carried  out  an  ex  post  evaluation  (‘REFIT’),  which  assessed  the 
effectiveness, efficiency, relevance, coherence and EU added value of the BEREC Regulation 
and of other parts of the regulatory framework. It pinpointed areas where there is potential for 
simplification,  without  undermining  their  objectives.  A  previous  evaluation  of  BEREC  and 
the  Office5  was  also  carried  out  in  2012-2013  in  accordance  with  Article  15  of  Regulation 
(EC) 1211/2009. Its results have been incorporated into the ex post evaluation. 

Overall, the staff working document accompanying the proposal and assessing the regulatory 
fitness  of  the  current  rules  concludes  that  the  regulatory  framework  for  electronic 
communications  has  broadly achieved its general  objective of ensuring  a competitive sector 
providing  significant  end-user  benefits.  Its  main  specific  objectives  —  promoting 
competition,  developing  the  internal  market  and  cultivating  end-user  interest  —  remain 
relevant.  However,  it  appears  necessary  to  review  the  regulatory  framework,  including  the 
BEREC  Regulation,  in  order  to  address  the  growing  need  for  increased  connectivity  of  the 
digital  single  market  and  to  streamline  provisions  taking  into  account  market  and 
technological developments. 

The findings, according to the specific evaluation criteria, can be summarised as follows. 

Relevance  —  As  far  as  the  role  and  functioning  of  other  important  institutional  players  is 
concerned, BEREC must, in accordance with the provisions in force, pursue the objectives of 
the  framework.  In  particular,  it  must  ensure  consistent  implementation  of  the  regulatory 
framework  in  order  to  contribute  to  the  development  and  better  functioning  of  the  internal 
market. With this objective and its broader mandate, BEREC’s relevance is increasing, even 
though  there  was  no  consensus  in  the  public  consultation  on  how  to  reflect  this  increase  in 
regulatory terms. 

Effectiveness — There were mixed views in the public consultation on the telecoms review 
as  regards  the  effectiveness  of  BEREC’s  role  in  supporting  consistent  outcomes.  Some 
stakeholders  see  BEREC’s  independent  technical  advice  and  its  role  in  the  market  review 
process  in  a  positive  light.  Others  think  that  its  structure  as  a  group  of  NRAs  without  legal 

5 

This  evaluation  was  carried  out  in  accordance  with  the  requirement  established  in  Article  15  of  the 
BEREC Regulation: ‘Study on the evaluation of BEREC and the BEREC Office’ by PwC of September 
2012,  Commission  Staff  Working  Document  of  April  2013  (SWD(2013)  152  final),  followed  by  EP 
Report of November 2013 (2013/2053(INI), A7- 0378/2013). The outcome of that evaluation should be 
treated with caution as some of BEREC’s tasks had not been carried out at the time. The evaluation did 
not assess the possible alignment of the BEREC Office with the Common Approach on decentralised 
agencies. 

EN 

6 

   EN 

 
                                                 
personality undermines BEREC’s incentives to work to achieve internal market objectives as 
opposed to the individual or collective objectives of its national members. Respondents said 
that BEREC needed to be more proactive on key topics. They also said that as a result of its 
current  institutional  set-up,  BEREC  often  opts  for  greater  flexibility  or  the  lowest  common 
denominator instead of adopting a harmonised approach for the single market. 

With regard to its current tasks, in view of the Opinion on the Review of the EU Electronic 
Communications Regulatory Framework6, BEREC has identified some areas in which it could 
play a greater role. For example, broader scope of BEREC Opinions under Article 7 and 7a, 
issues of a cross-border nature (such as international roaming), benchmarking the quality of 
internet access services at Union level, and developing technical guidelines. 

Regarding the alignment of the goals of the BEREC Office as a Union agency with current 
Union priorities, the evaluation concluded that, by supporting BEREC, the current functions 
of  the  BEREC  Office  should  ultimately  contribute  to  the  development  of  the  single  market 
and the consistent implementation of the rules. Nonetheless, the situation is unique, in which 
an agency was set up to exclusively perform a support function for another regulatory body 
set up under Union law. This presents certain challenges because, despite its relatively limited 
functions,  the  BEREC  Office  has  to  follow  the  same  detailed  set  of  rules  that  apply  to  all 
Union  decentralised  agencies  (financial,  staff/implementing  rules,  procurement,  reporting, 
etc.). 

Efficiency — It was not possible to carry out a precise cost calculation, but the evaluation has 
shown  that  the  benefits  of  the  framework  —  for  most  operators,  end-users  and  society  as  a 
whole — greatly outweigh the costs of implementing it. 

In  many  respects,  the  BEREC  Office  is  not  in  line  with  the  principles  of  the  Common 
Approach.  The  limited  tasks  and  size  of  the  Office  compared  to  other  Union  agencies  have 
negative  implications  for  attracting  and  retaining  staff  and  for  organisational  aspects.  The 
current two-tier structure also results in inefficiencies. Although it is difficult to quantify such 
inefficiencies, the two-tier structure complicates matters and creates an administrative burden; 
for  example,  two  separate  annual  reports  and  two  work  programmes  need  to  be  adopted  — 
one by the Board of Regulators for BEREC and one by the Management Committee for the 
Office. 

The evaluation has identified a number of issues that could be simplified and streamlined (the 
delegation  of  appointing  authority  powers,  longer  or  extendable  mandates  for  the  Chair, 
majority  voting  rules,  adequate  resources,  streamlining  of  the  Management  Committee  and 
longer consultation periods or a two-stage consultation process for key policy matters). 

EU added value — The EU added value of setting up BEREC, in particular in terms of its 
advising the EU institutions, is linked to the functioning of the internal market for electronic 
communications.  In  general,  this  is  positively  perceived,  but  BEREC’s  effectiveness  is  at 
times  questioned.  Being  more  effective  would  increase  its  added  value.  The  added  value  of 
the Office as an Union agency that supports BEREC is another relevant aspect. 

Coherence  —  Overall,  the  various  instruments  constituting  the  regulatory  framework  have 
complemented each other. However, the evaluation has identified a limited number of internal 
inconsistencies,  such  as  the  mismatch  between  the  tasks  of  the  independent  NRAs  and 
BEREC’s tasks. This is because BEREC is sometimes expected to issue opinions at European 
level  in  areas,  for  which  not  all  its  NRA  members  are  competent  at  national  level.  The 
evaluation has also shown that on some occasions the coordination between BEREC and the 
Commission has proved challenging. This was the case with regard to giving information to 

6 

Opinion of the Board of Regulators BoR (15) 206, of 10 December 2015. 

EN 

7 

   EN 

 
                                                 
and getting information from BEREC and the Office on termination rates and roaming. There 
is room for improvement, so that each organisation can efficiently perform its tasks. 

• 

Stakeholder consultations 

A 12-week open public consultation was launched on 11 September 2015 to get input for the 
evaluation process to assess the current rules and to seek views on possible adaptations to the 
framework  in  the  light  of  market  and  technological  developments.  It  covered  a  general 
evaluation of the current framework and a detailed evaluation and review of the specific parts 
of the framework. They are: 

 

 

 

 

 

network access regulation,  

radio spectrum management and wireless connectivity, 

sector-specific regulation of communications services, 

universal service rules,  

institutional set-up and governance. 

The consultation was both broad and detailed, with extensive input from consumers, providers 
of electronic communications networks and services, national and EU operator associations, 
civil  society  organisations,  broadcasters,  technology  providers,  internet  and  online  service 
providers,  businesses  relying  on  connectivity  and  wider  digital  economy  players,  national 
authorities at all levels, national regulators and other interested stakeholders. Input came from 
stakeholders affected by the policy, those who have to implement it and those with a stated 
interest in the policy. The consultation received a total of 244 online replies from stakeholders 
in  all  Member  States  and  from  outside  the  Union.  Halfway  through,  there  was  a  public 
hearing on 11 November 2015. 

In  addition  to  the  public  consultation  BEREC  itself  contributed  to  the  evaluation  and  the 
review process and published its opinion in December 20157. The RSPG also gave its opinion 
on the DSM Strategy and the Framework Review8. 

The following trends emerged from the consultation process. 

 

 

 

Good connectivity is perceived as a necessary condition for the digital single market. 
Many respondents highlighted the need for policy measures and possible adjustments 
to current policy and regulatory tools to support the deployment of infrastructure  in 
line with future needs. 

A number of respondents said that the current regulatory framework does not benefit 
much  the  internal  market.  There  is  a  general  perception  that  the  regulatory 
framework needs to be adjusted to the current market dynamics. Nonetheless, many 
respondents recognised that the liberalisation of the telecoms markets had improved 
matters,  in  particular  in  terms  of  end-user  benefits  and  competition  within  most 
national markets. 

With  regard  to  radio  spectrum,  respondents  recognised  the  importance  of  wireless 
connectivity  and  wireless  broadband.  In  general,  industry,  which  is  in  favour  of  a 
investments  and 
more  coordinated  approach,  seeks  additional  certainty  for 

http://berec.europa.eu/eng/document_register/subject_matter/berec/opinions/5577-berec-opinion-on-the-review-of-

7 
the-eu-electronic-communications-regulatory-framework. 
8 

http://rspg-spectrum.eu/wp-content/uploads/2013/05/RSPG 16-001-DSM_opinion.pdf. 

EN 

8 

   EN 

 
                                                 
possibilities  to  develop  new  wireless  and  mobile  communications,  including  5G, 
throughout the Union. 

 

While  the  continuing  role  of  NRAs  and  radio  spectrum  management  authorities  is 
widely  acknowledged,  almost  half  of  the  respondents  stressed  that  the  institutional 
set-up  at  Union  level  should  be  adjusted  to  ensure  better  legal  certainty  and 
accountability. They advocated the following changes: 

 

 

 

a  clearer  division  of  powers  between  the  different  institutions  (to  avoid 
overlapping), 

making  sure  that  institutions  are  politically  and  legally  accountable  for  their 
decisions, 

a  high 
involvement). 

level  of 

transparency 

in  decision-making  (greater  stakeholder 

As  part  of  the  evaluation  process  the  Commission  also  commissioned  a  number  of  studies. 
They included public workshops that allowed stakeholders to comment and provide feedback 
on the ongoing evaluation work. 

 

 

On  6 April  2016  a  public  workshop  was  held  to  validate  the  interim  findings  of  a 
study  done  by  WIK,  IDATE  and  Deloitte  on  ‘regulatory,  in  particular  access, 
regimes for network investments models in Europe’ (SMART 2015/0002). 

On  2 May  2016  a  public  workshop  was  held  to  validate  the  interim  findings  of  a 
study done by WIK, CRIDS and Cullen on ‘Substantive issues for review in the areas 
of  market  entry,  management  of  scarce  resources  and  general  end-user  issues’ 
(SMART 2015/0003). 

• 

Collection and use of expertise 

The Commission used the following external expert advice: 

 

 

 

 

9 
10 
11 

-  Policy  recommendations  from  other  EU  institutions,  in  particular  the  European 
Parliament9 and the European Council10. 

- Three review studies. 

– 

– 

– 

‘Support  for  the  preparation  of  the  impact  assessment  accompanying  the 
review  of 
the  regulatory  framework  for  e-communications’  (SMART 
2015/0005). 

‘Regulatory,  in  particular  access,  regimes  for  network  investment  models  in 
Europe’ (SMART 2015/0002). 

‘Substantive  issues  for  review  in  the  areas  of  market  entry,  management  of 
scarce resources and general consumer issues’ (SMART 2015/0003). 

- In addition, a number of other studies have provided input to the review processs. 
These studies are listed in section 6.1.4 of the Impact Assessment. 
- A high-level expert panel as part of of study SMART 2015/000511. 

European Parliament resolution of 19 January 2016 on Towards a Digital Single Market Act (2015/2147(INI)). 
Conclusions of the European Council meeting of 28 June 2016 (EUCO 26/16) 
Expert profiles and a report of the discussion are presented in Annex 13 of the Impact Assessment. 

EN 

9 

   EN 

 
                                                 
• 

Impact assessment 

The executive summary of the Impact Assessment and the positive opinion of the Regulatory 
Scrutiny Board can be found on the Commission website12. 

The  following  governance  options  have  been  examined.  The  preferred  option  is  Option  3, 
although  the  alignment  of  the  structure  of  BEREC  with  the  Common  Approach  is  also 
considered in Option 213. 

Option 1 — No change — baseline scenario 

This option is based on the current provisions. The lack of current appropriate harmonisation 
of NRAs’ competences has an impact. This is because the legislator has given BEREC a role 
in areas in which competence at national level is not harmonised for its members, such as the 
resolution of cross-border disputes. 

Option 2 — Enhanced advisory role and strengthened competences 

This option envisages some adjustments to the current rules on the basis of the experience of 
the implementation of the framework in recent years and of the REFIT exercise, in particular 
strengthening the role of independent NRAs by laying down a minimum set of competences 
for those NRAs across the Union. 

At Union level, BEREC should extend its advisory role to the areas in which the independent 
NRAs are competent in order to bring its tasks into line with those of the NRAs. However, to 
make it more efficient and provide more stable management, BEREC’s governance structure 
would be adapted to bring it closely into line with the Common Approach. This means that a 
body with legal personality would perform the regulatory functions under BEREC’s aegis. 

A  new  Management  Board  would  be  set  up  to  oversee  the  general  orientations  for  the 
agency's activities, replacing the current Board of Regulators and Management Committee. A 
more  stable  governance  structure  is  envisaged  by  appointing  a  chairperson  (to  be  selected 
from amongst the members of the Management Board) for a longer term of office (currently 
the  term  is  one  year).  The  Executive  Director  will  have  more  powers  than  the  current 
Administrative Manager of the Office and will be selected from a list of candidates proposed 
by the Commission following an open selection procedure as envisaged under the Common 
Approach and as in other agencies. 

Option  3  —  Advisory  role  with  certain  pre-normative  powers  and  better  market  review 
process and spectrum assignment of right of use for radio spectrum 

This option contains most aspects of Option 2, in particular the minimum set of harmonised 
competences (including a competence to define the regulatory and market-shaping aspects of 
electronic  communications  network  and  services  assignments  of  rights  of  use  for  radio 
spectrum)  and  the  alignment  of  NRAs’  and  BEREC’s  tasks,  as  well  as  the  substantial 
alignment of BEREC’s governance structure with the Common Approach . 

12  

13 

EN 

http://ec.europa.eu/smart-regulation/impact/ia_carried_out/cia_2016_en.htm 

The  possibility  for  exploring  efficiency  gains  and  synergies  with  other  existing Union  agencies  was  analysed,  in 
particular  with  the  EU  Agency  for  Network  and  Information  Security.  However,  due  to  several  reasons  (lack  of 
overlapping  mandates,  increased  mandates  since  2007,  distinct  nature  of  tasks,  different  participation  at  Board 
level, etc.) a possible merger between the two agencies was discarded. 

10 

   EN 

 
                                                 
 
BEREC will be given some additional tasks, such as powers to adopt binding decisions on the 
identification  of  transnational  markets  and  on  a  contract  summary  template;  quasi-binding 
powers  in  relation  to  the  internal  market  procedures  for  draft  national  measures  on  market 
regulation (the ‘double-lock’ system – see below) and the establishment of a single maximum 
termination  rate  for  the  Union;  and  the  issuing  of  guidelines  in  a  number  of  areas: 
geographical  surveys,  common  approaches  to  meeting  transnational  demand,  minimum 
criteria  for  reference  offers,  common  criteria  for  the  management  of  numbering  resources, 
quality-of-service  parameters,  applicable  measurement  methods  and  the  technical  details  of 
the cost model to be applied by NRAs when setting maximum symmetric termination rates. It 
will also be given the power to request information directly from operators. 

BEREC will also be in charge of setting up a register for the extraterritorial use of numbers 
and cross-border arrangements and another register of providers of electronic communications 
networks  and  services.  It  will  also  assist  the  Commission  and  NRAs  in  the  area  of 
standardisation  by  helping  them  identify  a  threat  to  end-to-end  connectivity  or  to  effective 
access to emergency services. This could be done by imposing existing standards and setting 
new standards. 

To  improve  the  current  situation,  in  which  the  Commission  and  BEREC  have  only  non-
binding powers with regard to remedies, a ‘double-lock’ system is proposed. In such a system, 
if BEREC and the Commission agree on their position regarding the draft remedies an NRA 
proposes,  the  Commission  could  require  the  NRA  to  amend  or  withdraw  the  draft  measure 
and, if necessary, to re-notify the market analysis. A ‘peer review’ system within BEREC will 
also  be  introduced  as  a  new  coordination  mechanism  to  improve  efficiency  and  coherence 
amongst Member States with regard to regulatory market aspects of assignments of rights of 
use for radio spectrum. 

Option 4 — EU regulator with certain implementation/execution powers 

This  option  looks  at  setting  up  an  EU  regulator,  as  a  reinforced  agency  with  the  necessary 
resources  to  accommodate  a  transfer  of  implementing  powers,  including  supervision  and 
enforcement  powers.  It  could  act  with  binding  powers  in  areas  in  which  it  is  necessary  to 
ensure  the  uniform  implementation  of  EU  rules.  One  such  area  is  new  pan-EU  or  global 
services,  currently  largely  unregulated  or  subject  to  unclear  regulatory  frameworks  (M2M , 
OTT  and  other  areas  of  great  importance  to  the  Union,  such  as  roaming  or  transnational 
markets). 

With  regard  to  radio  spectrum,  there  would  also  be  a  preliminary  peer  review  mechanism 
involving  the  EU  regulator,  possibly  with  a  Commission  veto.  The  EU  regulator  could  also 
coordinate  binding  pan-European  assignment  procedures  for  specific  bands.  Finally,  the 
agency  would  also  institutionalise  a  good  office  mediation  service  for  cross-border 
interference and regulatory issues. 

• 

Regulatory fitness and simplification 

The policy measures proposed under the preferred option are in line with the REFIT agenda 
because they aim to simplify and reduce the administrative burden in line with the findings of 
the  evaluation  of  the  REFIT  potential  of  the  review.  Several  of  the  proposed  changes  in 
governance and other policy areas aim to make rules clear; enable parties to easily understand 
their rights and obligations; and to avoid overregulation and administrative burdens. 

With  a  view  to  having  a  more  efficient  and  streamlined  institutional  set-up  and  taking  the 
REFIT evaluation into account, the proposal contains a number of changes that would bring 
BEREC into line with the Common Approach and the structure of other Union agencies. The 

EN 

11 

   EN 

 
proposal that BEREC becomes a Union decentralised agency should achieve certain level of 
efficiency  gains  and  synergies,  in  order  to  partly  offset  the  need  for  additional  resources  to 
fulfil the new tasks entrusted to BEREC. 

- A Union decentralised agency will be set up with an appropriate structure and governance, 
mandate and powers. It will strengthen legal and political accountability because all decisions 
(regulatory,  administrative,  financial,  etc.)  will  now  be  adopted  under  the  aegis  of  a  Union 
agency with legal personality.  

-  The  governance  structure  will  be  simplified  by  replacing  the  two  current  managing 
structures (the Board of Regulators for regulatory decisions and the Management Committee 
for administrative and financial  decisions) by a single Management Board. This will reduce 
the  administrative  burden  by  putting  an  end  to  the  current  duplication  of  agendas,  working 
programmes, annual reports, document registers, member appointments, etc. 

-  An  Executive  Director  will  be  appointed  at  the  head  of  the  agency,  to  be  the  legal 
representative  of  BEREC  and  responsible  for  the  performance  of  the  tasks  assigned  to  the 
agency.  In  particular,  he/she  will  have  delegated  ‘appointing  authority  powers’.  This  would 
make  management  of  the  staff  of  the  agency  more  efficient  (under  the  current  BEREC 
Regulation, these powers are given to the Vice-Chair, whose term of office is one year, and 
they cannot be delegated/sub-delegated). 

- The Chairperson of the Management Board (four years renewable, currently one year) and 
the  Executive  Director  (five  years  renewable,  currently three  years  renewable)  will  have 
longer terms of office to ensure the necessary continuity and stability. 

In conclusion, BEREC would be better equipped to help the Commission and the NRAs, and 
efficiency gains derived from the areas highlighted above would be achieved. This proposal 
contributes to an efficient Union system of regulatory authorities in the digital single market 
and  should  provide  the  necessary  support  for  an  efficient  implementation  of  the  revised 
telecoms framework. 

• 

Fundamental rights 

The  proposal  also  takes full  account  of  the  fundamental  rights  and  principles  recognised  by 
the  Charter  of  Fundamental  Rights  of  the  European  Union.  In  particular,  the  proposed 
measures, including setting up BEREC, aim to increase connectivity with a modernised set of 
end-user  protection  rules.  This  will  in  turn  ensure  non-discriminatory  access  to  any  content 
and services, including public services. It will also help promote freedom of expression and of 
business  and  enable  Member  States  to  comply  with  the  charter  at  a  much  lower  cost  in  the 
future. 

4. 

BUDGETARY IMPLICATIONS 

BEREC,  which  is  to  be  set  up  on  the  basis  of  the  existing  BEREC  and  BEREC  Office,  is 
given  a  number  of  tasks  which  aim  to  ensure  a  consistent  implementation  of  the  regulatory 
framework,  thus  contributing  to  the  development  of  the  electronic  communications  market 
throughout  the  Union,  the  promotion  of  access  to  and  take-up  of  very  high  capacity  data 
connectivity  by  all  Union  citizens  and  businesses,  of  competition  in  the  provision  of 
electronic  communications  networks  and  services  and  of  the  interests  of  the  citizens  of  the 
Union. 

EN 

12 

   EN 

 
 
The total financial resources necessary for BEREC to fulfil its mission amount to EUR 14.135 
million  for  the  period  2019-202014.  In  addition  to  the  contribution  from  the  Union, BEREC 
may  collect  charges  for  publications  and  other  services  provided,  contributions  from  third 
countries  or  the  electronic  communications  regulatory  authorities  of  third  countries 
participating in the work of BEREC and voluntary contributions from the Member States and 
NRAs15.  

The new agency is expected to continue in the future the current service agreements with the 
Commission  (accounting  officer  and  using  certain  applications  and  tools)  and  with  other 
Union agencies (in particular with ENISA as regards off-site storage of back-up data and the 
internal control coordinator), which could be even further expanded to new areas in order to 
achieve further efficiency gains and synergies. 

In addition to the existing number of staff members, BEREC should calculate 11 contractual 
agents and 7 seconded national experts to make up a total of 44 staff members by the end of 
the  period  2019-202016.  Based  on  the  Impact  Assessment,  and  without  prejudging  the  next 
MFF,  the  total  additional  staff  needed  by  BEREC  in  order  to  fulfil  its  new  tasks  under  the 
enlarged mandate is estimated at 34 FTEs, envisioning an overall staff figure of 60 FTEs at 
the end of the implementation period 2019-2022. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

In line with the Common Approach, the current proposal foresees that the Commission must 
perform an evaluation within five years of entry into force of this regulation, and every five 
years  after  that,  to  assess,  in  compliance  with  the  Commission  guidelines,  BEREC’s 
performance  in  relation  to  its  objectives,  mandate,  tasks  and  location(s).  The  evaluation 
should,  in  particular,  address  the  possible  need  to  modify  the  mandate  of  BEREC  and  the 
financial  implications  of  any  such  modification.  If  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  be  repealed.  The 
Commission  must  report  on  the  findings  of  the  evaluation  to  the  European  Parliament,  the 
Council and the Management Board. The findings of the evaluation must be made public. 

BEREC  would  also  issue  annual  activity  reports  evaluating  the  results  of  its  activities 
throughout the year. Annual activity reports must be transmitted to the European Parliament, 
the Council, the Commission and the Court of Auditors and must be made public. 

In addition, the Commission will continue to ensure that the implementation of the regulatory 
framework is monitored on the basis of the following. 

14 

15 

16 

The  Legislative  Financial  Statement  indicates  the  figures  under  the  current  Multinannual  Financial  Framework 
which  ends  in  2020.  Further  staffing  needs  of  BEREC  will  be  assessed  in  the  framework  of  the  Commission 
proposals for the post-2020.  
The  option  of  BEREC  being  (fully  or  partly)  financed  by  fees  was  discarded  due  to  the  nature  of  the  agency 
functions,  which  are  mainly  of  an  advisory  character  to  the  NRAs  and  EU  Institutions  with  the  aim  to  ensuring 
greater consistency of telecoms regulation across the Union rather than addressing market players directly. 
The  Legislative  Financial  Statement  indicates  the  figures  under  the  current  Multinannual  Financial  Framework 
which ends in 2020. The implementation phase for the new agency is expected to last until 2022. 

EN 

13 

   EN 

 
                                                 
The European Digital Progress Report 

The  European  Digital  Progress  Report  (EDPR),  covering  28 Member  States,  provides 
comprehensive  data  and  analysis  of  market,  regulatory  and  consumer  developments  in  the 
digital  economy.  It  combines  the  reports  and  all  evidence  published  for  the  Digital 
Scoreboard17 with the Telecom Implementation Report, and adds country reports. In this way, 
it draws on evidence from: 

– 

– 

Digital  Scoreboard.  This  measures  the  progress  of  the  European  digital 
economy.  It  draws  on  data  provided  by  the  NRAs,  Eurostat  and  additional 
relevant sources and includes data relating to the general situation regarding all 
aspects of the Digital Economy Society Index in the EU Member States18. The 
indicators  included  in  the  report  make  it  possible  to  compare  progress  across 
European countries as well as over time. 

Telecom  reports  on  European  electronic  communications  regulation  and 
markets. These provide comprehensive data and analysis of market, regulatory 
and consumer developments in the sector. 

Explanatory documents (for directives). 

• 

N/A 

• 

Detailed explanation of the specific provisions of the proposal 

Regulation  (EC)  No 1211/2009  set  up  the  Body  of  European  Regulators  for  Electronic 
Communications (BEREC) and the Office and the tasks of each. This proposal broadens the 
current  mandate  of  BEREC  and  turns  it  into  a  fully  fledged  agency  equipped  with  the 
necessary tools and adequate resources to achieve its objectives and carry out its tasks. 

(1) Establishment, scope and objectives: 

Chapter I ‘Objectives and tasks’ 

Article  1  sets  up  BEREC  and  provides  for  the  scope  of  application  of  the  regulation, 
definitions and the objectives of BEREC, which should aim to achieve the same objectives as 
NRAs. 

Article 2 enumerates BEREC’s tasks. It adds that BEREC may cooperate with Union bodies, 
agencies,  offices  and  advisory  groups,  with  competent  authorities  of  third  countries  and/or 
with  international  organisations  if  necessary  and  should  consult  interested  parties  if 
appropriate. 

Chapter II ‘Administrative and Management Structure’ 

Article 3 concerns the administrative and management structure of BEREC, which comprises 
a Management Board, an Executive Director, Working Groups and a Board of Appeal. 

Articles 4-5 stipulate that the Management Board is to be composed of the head, or a member 
of  the  collegiate  body,  of  each  NRA,  and  two  representatives  of  the  Commission,  all  with 
voting  rights.  It  also  sets  out  its  functions.  In  particular,  the  Management  Board  should 
delegate  relevant  appointing  authority  powers  to  the  Executive  Director.  The  Executive 

17 
18 

The reports are available at: https://ec.europa.eu/digital-single-market/en/digital-scoreboard. 
All information is available here: https://ec.europa.eu/digital-single-market/en/download-scoreboard-reports. 

EN 

14 

   EN 

 
 
                                                 
Director  should  be  authorised  to  sub-delegate  those  powers,  defining  the  conditions  under 
which this delegation of powers can be suspended. 

Article  6  stipulates  that  the  Management  Board  elects  a  Chairperson  and  a  Deputy 
Chairperson from among its members, by a majority of two thirds and for a four-year term of 
office, renewable once. 

Articles  7-8  set  out  the minimum  number  of  ordinary  meetings  a  year for  the  Management 
Board (two) and its voting rules (majority by default). 

Articles  9  sets  out  the  responsibilities  of  the  Executive  Director,  who  should  manage  the 
agency  and  be  its  legal  representative.  The  Executive  Director  is  accountable  to  the 
Management Board and shall report to the European Parliament and may be invited to report 
to the Council on the performance of his/her duties.  

Articles  10  sets  out  that  the  Management  Board  may  set  up  working  groups  as  necessary, 
which  would  be  coordinated  and  moderated  by  a  member  of  the  BEREC  staff.  For  the 
establishment  of  certain  working  groups,  lists  of  qualified  experts  should  be  ready 
beforehand. 

Articles 11-14 set up the Board of Appeal and set out its composition and the appointment of 
its  members,  who  should  be  independent  and  not  perform  any  other  duties  within  BEREC. 
Any natural or legal person, including NRAs, may appeal against a binding decision issued by 
BEREC.  Such  appeals  should  not  have  a  suspensory  effect,  but  the  Board  of  Appeal  may 
suspend the application of the decision. 

Chapter III ‘Annual and multi-annual programming’ 

Article  15  sets  out  the  procedure  for  the  adoption  of  the  annual  and  multi-annual 
programming  document.  It  should  include  the  strategy  for  relations  with  Union  bodies, 
agencies,  offices  and  advisory  groups,  with  competent  authorities  of  third  countries  and/or 
with international organisations. 

Articles 16-17 provides for the establishment of BEREC’s budget and its structure in terms of 
revenue and expenditure. 

Articles  18-20  state  that  the  Executive  Director  is  responsible  for  implementing  BEREC’s 
budget  and  sets  out  the  procedure  for  the  presentation  of  accounts  and  discharge.  The 
Management Board should adopt the financial rules applicable to BEREC. 

Chapter IV ‘Staff’ 

Article  21  states  that  the  Staff  Regulations  and  the  Conditions  of  Employment  of  Other 
Servants  and  implementing  rules  adopted  to  give  effect  to  them  shall  apply  to  the  BEREC 
staff. 

Article  22  sets  out  the  procedure  for  the  Management  Board  to  appoint  the  Executive 
Director  from  a  list  of  candidates  proposed  by  the  Commission,  for  a  five-year  renewable 
term of office, as well as for the extension of his/her term of office or his/her removal from 
office. 

EN 

15 

   EN 

 
Article  23  states  that  BEREC  can  make  use  of  seconded  national  experts  or  other  staff  not 
employed by BEREC, to whom the Staff Regulations and the Conditions of Employment of 
Other Servants will not apply. 

Chapter V ‘General provisions’ 

Articles 24-25 stipulate that BEREC should have legal personality and be a Union body. The 
Protocol on the Privileges and Immunities of the European Union applies to BEREC and its 
staff. 

Article 26 states that, where necessary, BEREC may cooperate with competent Union bodies, 
agencies,  offices  and  advisory  groups;  with  competent  authorities  of  third  countries  and/or 
with international organisations. This cooperation should be based on working arrangements, 
which  should  receive  prior  approval  from  the  Commission.  In  line  with  the  Common 
Approach,  the  Commission  and  the  agency  should  conclude  an  appropriate  working 
arrangement  aiming  at  ensuring  that  BEREC  operates  within  its  mandate  and  the  existing 
institutional framework. This article also stipulates that BEREC is open to the participation of 
regulatory  authorities  of  third  countries  competent  in  electronic  communications  that  have 
entered into agreements with the Union to that effect. 

Article 27 states that Regulation (EC) No 1049/2001 applies to documents BEREC holds and 
that  the  processing  of  personal  data  by  BEREC  will  be  subject  to  Regulation  (EC) 
No 45/2001.  It  also  states  that  BEREC  may  engage  in  communication  activities  on  its  own 
initiative within its area of competence. 

Article 28 refers to the confidentiality rules to be followed by BEREC. 

Article  29  refers  to  the  security  rules  for  protecting  classified  and  sensitive  non-classified 
information to be adopted by BEREC. 

Article 30 stipulates that the Commission and the NRAs give BEREC information (and vice 
versa). It also stipulates that, as a last resort, BEREC may request necessary information from 
other authorities and undertakings. 

Article  31  stipulates  the  need  for  the  members  of  the  Management  Board,  the  Executive 
Director,  seconded  national  experts  and  other  staff  not  employed  by  BEREC  to  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; as well as for these and 
experts  participating  in  working  groups  to  declare  any  interest  which  might  be  considered 
prejudicial to their independence in relation to the items on the agenda. 

Article 32 stipulates that BEREC accede to the Interinstitutional Agreement of 25 May 1999 
concerning  internal  investigations  by  the  European  Anti-fraud  Office  (OLAF)  and  adopt 
appropriate provisions applicable to all employees of BEREC. 

Article 33 includes provisions on BEREC’s contractual liability. 

Article 34 stipulates that the activities of BEREC be subject to the inquiries of the European 
Ombudsman in accordance with Article 228 of the Treaty. 

EN 

16 

   EN 

 
Article  35  stipulates  that  Regulation  No 1/58  applies  to  BEREC  and  that  the  Translation 
Centre of the bodies of the EU provide the translation services required for the functioning of 
BEREC . 

Article  36  refers  to  the  procedure  for  establishing  the  rules  of  procedure  of  the  Board  of 
Appeal, for which the Commission is conferred implementing powers. 

Chapter VI ‘Transitional and final provisions’ 

Article  37  stipulates  the  need  for  a  Headquarters  Agreement  to  be  concluded  between 
BEREC and the Member State in which they are located. BEREC’s host Member State shall 
provide the conditions necessary to  ensure the smooth and  efficient  functioning of  BEREC, 
including multilingual, European-oriented schooling and appropriate transport connections. 

Article  38  stipulates  that  the  Commission  must  perform  an  evaluation  within  five  years  of 
entry into force of this regulation, and every five years after that, to assess, in compliance with 
the  Commission  guidelines,  BEREC’s  performance  in  relation  to  its  objectives,  mandate, 
tasks  and  location(s).  The  Commission  must  report  on  the  findings  of  the  evaluation  to  the 
European Parliament, the Council and the Management Board and they must be made public. 

Article  39  stipulates  that  BEREC  succeeds  the  Office  set  up  under  Regulation  (EC) 
No 1211/2009  with  regard  to  all  ownership,  agreements,  legal  obligations,  employment 
contracts,  financial  commitments  and  liabilities.  This  article  also  sets  out  transitional 
provisions  with  regard  to  the  Administrative  Manager  acting  as  interim  Executive  Director, 
the contract of the Administrative Manager, the composition of the Management Board and 
the discharge procedure. 

Article 40  states that Regulation  (EC) No 1211/2009  is  repealed and references to  it and to 
the BEREC Office are to be construed as references to this regulation and to BEREC. 

Article 41 contains the standard clause for entry into force of the regulation and provides for 
the deferred application of some of its provisions. 

EN 

17 

   EN 

 
 
2016/0286 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing the Body of European Regulators for Electronic Communications 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee19, 
After consulting the Committee of the Regions20, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

19 
20 
21 

22 

23 

24 

Directive [...] of the European Parliament and of the Council21 (‘the Directive’), which 
establishes  a  number  of  tasks  for  the  Body  of  European  Regulators  for  Electronic 
Communications  (‘BEREC’),  and  Directive  2002/58/EC  of  the  European  Parliament 
and  of  the  Council22  aim  to  create  an  internal  market  for  electronic  communications 
within the Union while ensuring a high level of investment, innovation and consumer 
protection through enhanced competition. 
Regulation  (EC)  No 531/2012  of  the  European  Parliament  and  of  the  Council23 
complements  and  supports,  in  so  far  as  Union-wide  roaming  is  concerned,  the  rules 
provided  for  by  the  regulatory  framework  for  electronic  communications  and 
establishes certain tasks for BEREC. 
Regulation  (EU)  No 2015/2120  of  the  European  Parliament  and  of  the  Council24 
establishes  common  rules  to  safeguard  equal  and  non-discriminatory  treatment  of 

OJ C […]. 
OJ C,[…]. 
Directive  […]  of  the  European  Parliament  and  of  the  Council  of  […]  establishing  the  European 
Electronic  Communications Code (OJ L […]). 
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the 
processing  of  personal  data  and  the  protection  of  privacy  in  the  electronic  communications  sector 
(Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p.37). 
Regulation  (EC)  No  531/2012  of  the  European  Parliament  and  of  the  Council  of  13  June  2012  on 
roaming on public mobile communications networks within the Union (OJ L 172, 30.6.2012, p.10). 
Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 201524 
laying  down  measures  concerning  open  internet  access  and  amending  Directive  2002/22/EC  on 
universal service and users’ rights relating to electronic communications networks and services (OJ L 
310, 26.11.2015, p.1 

EN 

18 

   EN 

 
                                                 
 
traffic in the provision of internet access services and related end-users’ rights and sets 
up  a  new  retail  pricing  mechanism  for  Union-wide  regulated  roaming  services.  This 
regulation  establishes  additional  tasks  for  BEREC,  in  particular  the  issuing  of 
guidelines  on  the  implementation  of  national  regulatory  authorities  (‘NRAs’) 
obligations in relation to open internet access as well as reporting and consultation on 
draft  implementing  acts  to  be  adopted  by  the  Commission  in  relation  to  Union-wide 
roaming. 

BEREC  and  the  Office  (‘BEREC  Office’)  were  established  by  Regulation  (EC) 
No 1211/2009 of the European Parliament and of the Council25. BEREC replaced the 
European  Regulators  Group  (‘ERG’)26  and  was  meant  to  contribute  to  the 
development  and  better 
for  electronic 
to  ensure  a  consistent 
communications  networks  and  services  by  aiming 
implementation  of  the  regulatory  framework  for  electronic  communications.  The 
BEREC Office was established as a Community body with legal personality to carry 
out the tasks referred to in Regulation (EC) No 1211/2009, in particular the provision 
of professional and administrative support services to BEREC. 

internal  market 

functioning  of 

the 

In  its  Communication  of  6 May  2015  entitled  ‘A  Digital  Single  Market  Strategy  for 
Europe’27,  the  Commission  envisaged  presenting  proposals  in  2016  for  an  ambitious 
overhaul  of  the  regulatory  framework  for  electronic  communications  focusing  inter 
alia  on  a  more  effective  regulatory  institutional  framework  in  order  to  make  the 
telecoms  rules  fit  for  purpose  as  part  of  the  creation  of  the  right  conditions  for  the 
digital single market. These include the deployment of very high capacity connectivity 
networks, more coordinated management of radio spectrum for wireless networks and 
creating  a  level  playing  field  for  advanced  digital  networks  and  innovative  services. 
The  Communication  pointed  out  that  the  changing  market  and  technological 
environment make it necessary to strengthen the institutional framework by enhancing 
the role of BEREC. 

In  its  Resolution  of  19 January  2016  ‘Towards  a  Digital  Single  Market  Act’,  the 
European Parliament called on the Commission  to  integrate further the digital single 
market by ensuring that a more efficient institutional framework is in place. It can do 
this  by  strengthening  the  role,  capacity  and  decision-making  powers  of  BEREC  in 
order to allow it to foster the consistent implementation of the regulatory framework 
for  electronic  communications,  to  enable  an  efficient  oversight  of  BEREC  over  the 
development of the single market and to help it to resolve cross-border disputes. The 
European Parliament also stresses, in this regard, the need to improve the financial and 
human resources and further enhance the governance structure of BEREC. 

BEREC and the BEREC Office have made a positive contribution towards a consistent 
implementation  of 
the  regulatory  framework  for  electronic  communications. 
Notwithstanding,  there  are  still  significant  disparities  between  Member  States  as 
regards  regulatory  practice.  Moreover,  the  governance  structure  of  BEREC  and  the 
BEREC Office is cumbersome and gives rise to unnecessary administrative burden. In 
order  to  ensure  efficiency  gains  and  synergies  and  to  further  contribute  to  the 
development  of  the  internal  market  for  electronic  communications  throughout  the 

Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 
establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office 
(OJ L 337, 18.12.2009, p.1). 
Commission  Decision  2002/627/EC  of  29  July  2002  establishing  the  European  Regulators  Group  for 
Electronic Communications Networks and Services (OJ L 200, 30.7.2002, p. 38). 
COM(2015) 192 final. 

(4) 

(5) 

(6) 

(7) 

25 

26 

27 

EN 

19 

   EN 

 
                                                 
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 
(EC)  No 531/2012  which  establishes  tasks  for  BEREC  in  relation  to  Union-wide 
roaming,  Regulation  (EU)  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.  

The  need  for  the  regulatory  framework  for  electronic  communications  to  be 
consistently applied in all Member States is essential for the successful development 
of  an  internal  market  for  electronic  communications  throughout  the  Union  and  the 
promotion  of  access  to,  and  take-up  of,  very  high  capacity  data  connectivity,  of 
competition  in  the  provision  of  electronic  communications  networks,  services  and 
associated facilities and of the interests of the citizens of the Union. In view of market 
and  technological  developments,  which  often  entails  an  increased  cross-border 
dimension, and to the experience so far in ensuring a consistent implementation in the 
electronic communications field, it is necessary to build on the work of BEREC and 
the BEREC Office and further develop them into a fully-fledged agency. 

(8) 

(9) 

The  agency  should  be  governed  and  operated  in  line  with  the  principles  of  the  Joint 
Statement of the European Parliament, the Council and the European Commission of 
19  July  2012  on  decentralised  agencies  (‘Common  Approach’)28.  Due  to  the 
established  image  of  BEREC  and  the  costs  that  a  modification  of  its  name  would 
entail, the new agency should retain the name of BEREC.  

(10)  BEREC,  as  a  technical  body  with  expertise  on  electronic  communications  and 
composed  of  representatives  from  NRAs  and  the  Commission,  is  best  placed  to  be 
entrusted with tasks such as deciding on certain issues with a cross-border dimension, 
contributing  to  efficient  internal  market  procedures  for  draft  national measures  (both 
as  regards  market  regulation  and  assignments  of  rights  of  use  for  radio  spectrum), 
providing the necessary guidelines to NRAs in order to ensure common criteria and a 
consistent  regulatory  approach,  and  keeping  certain  registries  at  Union  level.  This  is 
without prejudice to the tasks established for NRAs, which are closest to the electronic 
communications markets and their local conditions. In order to carry out its tasks, the 
agency  would  require  adequate  financial  and  human  resources  and  would  also 
continue the pooling of expertise from NRAs. 

(11)  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 

28 

29 
30 

Joint  Statement  of  the  Parliament,  Council  and  the  Commission  on  decentralised  agencies  of  19  July 
2012. 
Decision 2002/622/EC establishing a Radio Spectrum Policy Group (OJ L 198, 27.7.2002, p. 49). 
Established under Regulation (EU) 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 (OJ L 119, 4.5.2016, p.1). 

EN 

20 

   EN 

 
                                                 
Regulators Group for Audiovisual Media Services31 and the European Union Agency 
for Network and Information Security32; as well as with existing committees (such as 
the  Communications  Committee  and  the  Radio  Spectrum  Committee).  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. 

(12)  Compared  to  the  situation  in  the  past  where  both  a  Board  of  Regulators  and  a 
Management Committee were running in parallel, having a single board giving general 
orientations  for  the  activities  of  BEREC,  deciding  on  regulatory  and  operational  as 
well as  on  administrative and  budgetary  management  matters  should help improving 
the efficiency, coherence and performance of the agency. To this end, the Management 
Board  should  carry  the  relevant  functions  and  should  consist,  in  addition  of  two 
representatives  of  the  Commission,  of  the  Head,  or  otherwise  a  member  of  the 
collegiate body, of each NRA, who are protected by dismissal requirements. 

(13) 

(14) 

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  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. 

(15)  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. 

(16)  The role of the Executive Director, who would be the legal representative of BEREC, 
is  crucial  for  the  adequate  functioning  of  the  new  agency  and  the  implementation  of 
the tasks assigned to it. The Management Board should appoint him/her on the basis of 
a  list  drawn  up  by  the  Commission  following  an  open  and  transparent  selection 
procedure  in  order  to  guarantee  a  rigourous  evaluation  of  the  candidates  and  a  high 
level of independence. Moreover, in the past the term of office of the Administrative 
Manager  of  the  BEREC  Office  was  three  years.  It  is  necessary  that  the  Executive 
Director has a sufficiently long mandate in order to ensure stability and delivery of a 
long-term strategy for the agency. 

(17)  Experience  has  shown  that  most  of  BEREC’s  tasks  are  better  carried  out  through 
working  groups,  therefore  the  Management  Board  should  be  in  charge  of  setting  up 
working groups and appointing their members. In order to ensure a balanced approach, 
the working groups should be coordinated and moderated by members of the BEREC 
staff. Lists of qualified experts should be prepared in advance to ensure a quick set-up 

31 
32 

Directive [...]. 
Regulation  (EU)  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 (ENISA) and repealing 
Regulation (EC) No 460/2004 (OJ L 165, 18.6.2013, p.41). 

EN 

21 

   EN 

 
                                                 
of certain working groups, in particular those related to internal market procedures for 
draft national measures on market regulation and on assignments of rights of use for 
radio spectrum, due to the time limits of those procedures. 

(18)  As BEREC is competent for taking decisions with a binding effect, it is necessary to 
ensure  that  any  natural  or  legal  person  subject  to,  or  concerned  by,  a  decision  of 
BEREC has the right of appeal to a Board of Appeal, which is part of the agency but 
independent from its  administrative and regulatory structure. As the decisions issued 
by the Board of Appeal are intended to produce legal effects towards third parties, an 
action  for  review  of  their  legality  may  be  brought  to  the  General  Court.  In  order  to 
ensure  uniform  conditions  as  regards  the  rules of  procedure  of  the  Board  of  Appeal, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council 33. 

(19)  Commission  Delegated  Regulation  (EU)  No 1271/2013  of  the  European  Parliament 

and of the Council34 should apply to BEREC. 

(20) 

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. 

(21)  BEREC  should  be  independent  as  regards  operational  and  technical  matters  and 
should enjoy legal, administrative and financial autonomy. To that end, it is necessary 
and appropriate that BEREC should be a body of the Union having legal personality 
and exercising the powers conferred upon it.  

(22)  As a Union decentralised agency, BEREC should operate within its mandate and the 
existing institutional framework. It should not be seen as representing a Union position 
to an outside audience or as committing the Union to legal obligations. 

(23) 

In  order  to  further  extend  the  consistent  implementation  of  the  provisions  of  the 
regulatory framework for electronic communications within the scope of BEREC, the 
new  agency  should  be  open  to  the  participation  of  regulatory  authorities  of  third 
countries  competent  in  the  field  of  electronic  communications  that  have  entered  into 
agreements with the Union to that effect, in particular those of EEA EFTA States and 
candidate countries. 

(24)  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 

33 

34 

35 

Regulation  (EU)  No 182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 
Commission  Delegated  Regulation  (EU)  No  1271/2013  of  30  September  2013  on  the  framework 
financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 
of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42). 
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 (OJ C 373, 20.12.2013, p. 1). 

EN 

22 

   EN 

 
                                                 
(25) 

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. 

(26)  Since  the  objectives  of  this  regulation,  namely  the  need  to  ensure  a  consistent 
implementation of the regulatory framework for electronic communications within the 
defined  scope,  in  particular  in  relation  to  cross-border  aspects  and  through  efficient 
internal market procedures for draft national measures, cannot be sufficiently achieved 
by  the  Member  States  and  can  therefore,  by  reason  of  the  scale  and  effects  of  the 
action, be better achieved at the level of the Union, the Union may adopt measures in 
accordance  with  the principle of subsidiarity  as set out  in  Article 5 of  the Treaty. In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
regulation does not go beyond what is necessary in order to achieve those objectives. 

(27)  This  regulation  aims  to  amend  and  expand  the  provisions  of  Regulation  (EC) 
1211/2009 of the European Parliament and of the Council. Since the amendments to 
be  made  are  of  a  substantial  nature,  that  act  should,  in  the  interests  of  clarity,  be 
replaced  and  therefore  repealed.  References  to  the  repealed  regulation  should  be 
construed as references to this regulation. 

(28)  The  BEREC  Office,  which  was  established  as  a  Community  body  with  legal 
personality by Regulation (EC) No 1211/2009, is succeeded by BEREC as regards all 
ownership,  agreements, 
financial 
commitments and liabilities. BEREC should take over the staff of the BEREC Office 
whose rights and obligations should not be affected, 

legal  obligations,  employment  contracts, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

OBJECTIVES AND TASKS 

Article 1 

Establishment and objectives 

1.  The  Body  of  European  Regulators  for  Electronic  Communications  (‘BEREC’)  is  hereby 
established. 

2. BEREC shall act within the scope of Directive [...], Directive 2002/58/EC, Regulation (EC) 
No 531/2012, Regulation (EU) No 2015/2120 and Decision 243/2012/EU36 (Radio Spectrum 
Policy Programme). 

The  definitions  laid  down  in  those  Directives,  Regulations  and  Decision  shall  apply  for  the 
purposes of this regulation. 

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 (OJ L 81, 21.3.2012, p. 7). 

EN 

23 

   EN 

 
                                                 
3.  BEREC  shall  pursue  the  same  objectives  as  those  of  national  regulatory  authorities 
(‘NRAs’)  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. 

Article 2 

Tasks 

1. The tasks of BEREC shall be to: 

(a) 

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; 

(b) 

issue decisions: 

– 

– 

(c) 

(d) 

– 

– 

– 

– 

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 (EU)  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; 

(e) 

issue  guidelines  as  referred  to  in  the  Directive,  Regulation  (EC)  No 531/2012  and 
Regulation (EU) 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; 

EN 

24 

   EN 

 
– 

– 

– 

– 

– 

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 (EU) No 2015/2120; 

on  wholesale  roaming  access  in  accordance  with  Article  3  of  Regulation 
(EU) No 531/2012; 

2. BEREC shall also carry out the following tasks: 

(a) 

monitor  and  coordinate  the  action  of  NRAs  in  applying  Regulation  (EU)  No 
531/2012, in particular as regards the provision of regulated retail roaming services 
at domestic prices in the interests of end-users;  

(b) 

report on technical matters within its competence, in particular: 

– 

– 

– 

– 

(c) 

(d) 

– 

– 

(e) 

on  the  practical  application  of  the  opinions  and  guidelines  referred  to  in  Article 
2(1)(d) and 2(1)(e); 

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 
(EU) No 531/2012; 

on  the  outcomes  of  the  annual  reports  that  NRAs  shall  provide  in  accordance  with 
Article  5  of  Regulation  (EU) No 2015/2120,  through  the  publication  of  an  annual 
synthesis report. 

issue  recommendations  and  best  practices  addressed  to  the  NRAs  in  order  to 
encourage consistent implementation on any technical matter within its mandate; 

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 (EC) No 531/2012 and Regulation (EU) 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 

EN 

25 

   EN 

 
 
regulatory  framework  for  electronic  communications  within  the  scope  referred  to  in  Article 
1(2). 

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. 

CHAPTER II 

ORGANISATION 

Article 3 

Administrative and Management Structure 

1. The administrative and management structure of BEREC shall comprise: 

– 

– 

– 

– 

a Management Board, which shall exercise the functions set out in Article 5; 

an Executive Director, which shall exercise the responsibilities set out in Article 9; 

Working Groups; 

a Board of Appeal. 

SECTION 1 

MANAGEMENT BOARD 

Article 4 

Composition of the Management Board 

1. 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. 

EN 

26 

   EN 

 
Article 5 

Functions of the Management Board 

1. The Management Board shall: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

37 

give the general orientations for BEREC’s activities and adopt each year BEREC’s 
single  programming  document  by  a  majority  of  two-thirds  of  members  entitled  to 
vote,  taking  into  account  the  opinion  of  the  Commission  and  in  accordance  with 
Article 15; 

adopt, by a majority of two-thirds of members entitled to vote, the annual budget of 
BEREC  and  exercise  other  functions  in  respect  of  BEREC’s  budget  pursuant  to 
Chapter III; 

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 the financial rules applicable to BEREC in accordance with Article 20; 

adopt an anti-fraud strategy, proportionate to fraud risks taking into account the costs 
and benefits of the measures to be implemented; 

ensure  adequate  follow-up  to  findings  and  recommendations  stemming  from  the 
internal  or  external  audit  reports  and  evaluations,  as  well  as  from  investigations  of 
the European Anti-fraud Office (‘OLAF’); 

adopt rules for the prevention and management of conflicts of interest as referred to 
in Article 31, as well as in respect of members of the Board of Appeal; 

adopt and regularly update the communication and dissemination plans referred to in 
Article 27, based on an analysis of needs; 

adopt its rules of procedure; 

in  accordance  with  paragraph  2,  exercise,  with  respect  to  the  staff  of  BEREC,  the 
powers  conferred  by  the  Staff  Regulations  on  the  Appointing  Authority  and  by  the 
Conditions  of  Employment  of  Other  Servants  on  the  Authority  Empowered  to 
Conclude a Contract of Employment37 (‘the appointing authority powers’); 

adopt  implementing  rules  for  giving  effect  to  the  Staff  Regulations  and  the 
Conditions of Employment of Other Servants in accordance with Article 110 of the 
Staff Regulations; 

authorise  the  conclusion  of  working  arrangements  with  competent  Union  bodies, 
agencies, offices and advisory groups; with competent authorities of third countries 
and/or with international organisations in accordance with Article 26; 

appoint  the  Executive  Director  and  where  relevant  extend  his/her  term  of  office  or 
remove him/her from office in accordance with Article 22; 

appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of 
Employment of other servants, who shall be totally independent in the performance 

Regulation  (EEC,  Euratom,  ECSC)  No 259/68  of  the  Council  of  29 February  1968  laying  down  the 
Staff  Regulations  of  Officials  and  the  Conditions  of  Employment  of  Other  Servants  of  the  European 
Communities  and  instituting  special  measures  temporarily  applicable  to  officials  of  the  Commission 
(OJ L 56, 4.3.1968, p. 1). 

EN 

27 

   EN 

 
                                                 
(o) 

(p) 

of his/her duties. BEREC may appoint the Commission’s Accounting Officer as the 
Accounting Officer of BEREC; 

appoint the members of the Board(s) of Appeal; 

take  all  decisions  on  the  establishment  of  BEREC’s  internal  structures  and,  where 
necessary,  their  modification,  taking  into  consideration  BEREC’s  activity  needs  as 
well as having regard to sound budgetary management. 

2.  The  Management  Board  shall  adopt,  in  accordance  with  Article  110  of  the  Staff 
Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the 
Conditions  of  Employment  of  Other  Servants,  delegating  relevant  appointing  authority 
powers to the Executive Director and defining the conditions under which this delegation of 
powers  can  be  suspended.  The  Executive  Director  shall  be  authorised  to  sub-delegate  those 
powers. 

Where  exceptional  circumstances  so  require,  the  Management  Board  may  by  way  of  a 
decision  temporarily  suspend  the  delegation  of  the  appointing  authority  powers  to  the 
Executive Director and those sub-delegated by the latter and exercise them itself or delegate 
them to one of its members or to a staff member other than the Executive Director. 

Article 6 

Chairperson and Deputy Chairperson of the Management Board 

1. 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 7 

Meetings of the Management Board 

1. The Chairperson shall convene the meetings of the Management Board. 

2. The Executive Director of BEREC shall take part in the deliberations, without the right to 
vote. 

3.  The  Management  Board  shall  hold  at  least  two  ordinary  meetings  a  year.  In  addition,  it 
shall  meet  on  the  initiative  of  its  Chairperson,  at  the  request  of  the  Commission,  or  at  the 
request of at least one-third of its members. 

4. The Management Board may invite any person whose opinion may be of interest to attend 
its meetings as an observer. 

5.  The  members  and  the  alternates  of  the  Management  Board  may,  subject  to  its  rules  of 
procedure, be assisted at the meetings by advisers or experts. 

6. BEREC shall provide the secretariat for the Management Board. 

EN 

28 

   EN 

 
Article 8 

Voting rules of the Management Board 

1. Without prejudice to Articles 5(1) (a) and (b) and 22(8), the Management Board shall take 
decisions by majority of members with voting rights. 

2. Each member with voting rights shall have one vote. In the absence of a member with the 
right to vote, his/her alternate shall be entitled to exercise his/her right to vote. 

3. The Chairperson shall take part in the voting. 

4. The Executive Director shall not take part in the voting. 

5.  The  Management  Board’s  rules  of  procedure  shall  establish  more  detailed  voting 
arrangements, in particular the circumstances in which a member may act on behalf of another 
member. 

SECTION 2 

EXECUTIVE DIRECTOR 

Article 9 

Responsibilities of the Executive Director 

1. The Executive Director shall manage BEREC. The Executive Director shall be accountable 
to the Management Board. 

2.  Without  prejudice  to  the  powers  of  the  Commission  and  the  Management  Board,  the 
Executive Director shall be independent in the performance of his/her duties and shall neither 
seek nor take instructions from any government, institution, person or body. 

3.  The  Executive  Director  shall  report  to  the  European  Parliament  on  the  performance  of 
his/her duties when invited to do so. The Council may invite the Executive Director to report 
on the performance of his/her duties. 

4. The Executive Director shall be the legal representative of BEREC. 

5. The Executive Director shall be responsible for the implementation of BEREC’s tasks. In 
particular, the Executive Director shall be responsible for: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the day-to-day administration of BEREC; 

implementing decisions adopted by the Management Board; 

preparing  the  single  programming  document  and  submitting  it  to  the  Management 
Board; 

implementing  the  single  programming  document,  reporting  to  the  Management 
Board on its implementation; 

preparing the consolidated annual report on BEREC’s activities and presenting it to 
the Management Board for assessment and adoption; 

preparing  an  action  plan  following-up  conclusions  of  internal  or  external  audit 
reports  and  evaluations,  as  well  as  investigations  by  the  OLAF  and  reporting  on 
progress twice a year to the Commission and regularly to the Management Board; 

protecting  the  financial  interests  of  the  Union  by  applying  preventive  measures 
against  fraud,  corruption  and  any  other  illegal  activities,  by  carrying  out  effective 

EN 

29 

   EN 

 
checks  and,  if  irregularities  are  detected,  by  recovering  amounts  wrongly  paid  and, 
imposing  effective,  proportionate  and  dissuasive 
where  appropriate,  by 
administrative measures, including financial penalties; 

preparing  an  anti-fraud  strategy  for  BEREC  and  presenting  it  to  the  Management 
Board for approval; 

preparing draft financial rules applicable to BEREC; 

preparing  BEREC’s  draft  statement  of  estimates  of  revenue  and  expenditure  and 
implementing its budget. 

(h) 

(i) 

(j) 

6. The Executive Director shall also be responsible for deciding whether it is necessary for the 
purpose of carrying out BEREC’s tasks in an efficient and effective manner to locate one or 
more staff in one or more Member States. The decision to establish a local office requires the 
prior consent of the Commission, the Management Board and the Member State(s) concerned. 
The decision shall specify the scope of the activities to be carried out at the local office in a 
manner that avoids unnecessary costs and duplication of administrative functions of BEREC.  

SECTION 3 

WORKING GROUPS 

Article 10 

Functioning of the working groups 

1.  Where  justified  and  in  particular  to  implement  the  work  programme  of  BEREC,  the 
Management Board, may set up the necessary working groups. 

2. 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. 

In  the  case  of  the  working  groups  which  are  set  up  to  carry  out  the  tasks  referred  to  in  the 
third  indent  of  Article  2(1)(d),  their  members  shall  be  appointed  from  the  lists  of  qualified 
experts provided by the NRAs, the Commission and the Executive Director. 

In  the  case  of  the  working  groups  which  are  set  up  to  carry  out  the  tasks  referred  to  in  the 
second indent of Article 2(1)(d), their members shall be appointed exclusively from the lists 
of qualified experts provided by the NRAs and the Executive Director. 

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. 

3.  The  working  groups  shall  be  coordinated  and  moderated  by  a  member  of  the  staff  of 
BEREC, who shall be designated according to the internal rules of procedure. 

4. The Management Board shall adopt internal rules of procedure laying down the practical 
arrangements for the operation of the working groups. 

5. BEREC shall provide support to the working groups. 

EN 

30 

   EN 

 
SECTION 4 

BOARD OF APPEAL 

Article 11 

Establishment and composition of the Board of Appeal 

1. BEREC shall establish one Board of Appeal. 

2.  The  Board  of  Appeal  shall  be  composed  of  a  Chairperson  and  two  other  members.  Each 
member  of  the  Board  of  Appeal  shall  have  an  alternate.  The  alternate  shall  represent  the 
member in his/her absence. 

3.  The  Management  Board  shall  appoint  the  Chairperson,  the  other  members  and  their 
alternates from a list of qualified candidates established by the Commission. 

4.  Where  the  Board  of  Appeal  considers  that  the  nature  of  the  appeal  so  requires,  it  may 
request the Management Board to appoint two additional members and their alternates from 
the list referred to in paragraph 3. 

5. On the proposal of BEREC, the Commission shall establish the rules of procedure of the 
Board of Appeal, after having consulted the Management Board and in accordance with the 
procedure referred to in Article 36(2). 

Article 12 

Members of the Board of Appeal 

1.  The  term  of  office  of  the  members  and  alternates  of  the  Board  of  Appeal  shall  be  four 
years.  Their  term  of  office  may  be  extended  by  the  Management  Board  for  additional  four-
year periods acting on a proposal from the Commission. 

2. The members of the Board of Appeal shall be independent and shall not perform any other 
duties within BEREC. In making their decisions they shall neither seek nor take instructions 
from any government or from any other body. 

3. The members of the Board of Appeal shall not be removed from office or from the list of 
qualified  candidates  during  their  term  of  office,  unless  there  are  serious  grounds  for  such 
removal and the Management Board takes a decision to that effect, acting on a proposal from 
the Commission. 

Article 13 

Exclusion and objection 

1. The members of the Board of Appeal shall not take part in any appeal proceedings if they 
have  any  personal  interest  in  the  proceedings,  if  they  have  previously  been  involved  as 
representatives of one of the parties to the proceedings, or if they participated in the adoption 
of the decision under appeal. 

2. If, for one of the reasons listed in paragraph 1 or for any other reason, a member of a Board 
of  Appeal  considers  that  he/she  should  not  take  part  in  any  appeal  proceeding,  he/she  shall 
inform the Board of Appeal accordingly. 

3. Any party to the appeal proceedings may object to any member of a Board of Appeal on 
any of the grounds given in paragraph 1, or if the member is suspected of partiality. Any such 

EN 

31 

   EN 

 
objection shall not be admissible if, while being aware of a reason for objecting, the party to 
the  appeal  proceedings  has  taken  a  procedural  step.  No  objection  may  be  based  on  the 
nationality of members. 

4.  The  Board  of  Appeal  shall  decide  as  to  the  action  to  be  taken  in  the  cases  specified  in 
paragraphs 2  and  3  without  the  participation  of  the  member  concerned.  For  the  purposes  of 
taking  that  decision,  the  member  concerned  shall  be  replaced  on  the  Board  of  Appeal  by 
his/her alternate. 

Article 14 

Decisions subject to appeal 

1. An appeal may be brought before the Board of Appeal against decisions taken by BEREC 
pursuant to Articles 2(1)(b). 

Any natural or legal person, including NRAs, may appeal against a decision referred to in this 
paragraph which is addressed to that person, or against a decision which, although in the form 
of a decision addressed to another person, is of direct and individual concern to that person. 

2. An appeal brought pursuant to paragraph 1 shall not have a suspensory effect. The Board of 
Appeal  may, however,  suspend  the application of the decision against which the appeal has 
been brought. 

CHAPTER III 

ESTABLISHMENT AND STRUCTURE OF THE BUDGET 

SECTION 1 

SINGLE PROGRAMMING DOCUMENT 

Article 15 

Annual and multi-annual programming 

1. Each year, the Executive Director shall draw up a draft programming document containing 
annual  and multiannual  programming  (‘single programming  document’) in  line  with  Article 
32  of  Commission  Delegated  Regulation  (EU)  No 1271/2013  and  taking  into  account 
guidelines set by the Commission38. 

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. 

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 single programming document shall become definitive after final adoption of the general 
budget and if necessary shall be adjusted accordingly. 

38 

Commission Communication on the guidelines for programming document for decentralised agencies 
and 
the  Consolidated  Annual  Activity  Report  for  decentralised  agencies 
the 
(C(2014) 9641). 

template  for 

EN 

32 

   EN 

 
                                                 
2.  The  annual  work  programme  shall  comprise  detailed  objectives  and  expected  results 
including  performance  indicators.  It  shall  also  contain  a  description  of  the  actions  to  be 
financed and an indication of the financial and human resources allocated to each action, in 
accordance with the principles of activity-based budgeting and management. The annual work 
programme shall be coherent with the multi-annual work programme referred to in paragraph 
4. It shall clearly indicate tasks that have been added, changed or deleted in comparison with 
the previous financial year. 

3. The Management Board 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. 

4.  The  multi-annual  work  programme  shall  set  out  overall  strategic  programming  including 
objectives,  expected  results  and  performance  indicators.  It  shall  also  set  out  resource 
programming including multi-annual budget and staff. 

The  resource  programming  shall  be  updated  annually.  The  strategic  programming  shall  be 
updated where appropriate, and in particular to address the outcome of the evaluation referred 
to in Article 38. 

5.  Annual  and/or  multiannual  programming  shall  include  the  strategy  for  relations  with 
competent Union bodies, agencies, offices and advisory groups; with competent authorities of 
third countries and/or with international organisations as referred to in Article 26, the actions 
linked to this strategy and the specification of associated resources. 

Article 16 

Establishment of the budget 

1. 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. 

2. The Management Board shall, on the basis of that provisional draft, adopt a draft estimate 
of BEREC’s revenue and expenditure for the following financial year. 

3.  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(1) shall be coherent. 

4. The Commission shall send the draft estimate to the budgetary authority together with the 
draft general budget of the Union. 

5. On the basis of the draft estimate, the Commission shall enter in the draft general budget of 
the Union the estimates it considers necessary for the establishment plan and the amount of 
the contribution to be charged to the general budget, which it shall place before the budgetary 
authority in accordance with Articles 313 and 314 of the Treaty. 

6. The budgetary authority shall authorise the appropriations for the contribution to BEREC. 

7. The budgetary authority shall adopt BEREC’s establishment plan. 

EN 

33 

   EN 

 
8.  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. 

9. For any building project likely to have significant implications for the budget of BEREC, 
the provisions of Commission Delegated Regulation (EU) No 1271/2013 shall apply. 

SECTION 2 

IMPLEMENTATION, PRESENTATION AND CONTROL OF THE BUDGET 

Article 17 

Structure of the budget 

1. 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. 

2. BEREC’s budget shall be balanced in terms of revenue and of expenditure. 

3. Without prejudice to other resources, BEREC’s revenue shall comprise: 

(a) 

(b) 

(c) 

(d) 

a contribution from the Union; 

any voluntary financial contribution from the Member States or the NRAs; 

charges for publications and any other service provided by BEREC; 

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. 

4.  The  expenditure  of  BEREC  shall  include  staff  remuneration,  administrative  and 
infrastructure expenses and operational expenditure. 

Article 18 

Implementation of the budget 

1. The Executive Director shall implement BEREC’s budget. 

2.  Each  year  the  Executive  Director  shall  send  to  the  budgetary  authority  all  information 
relevant to the findings of evaluation procedures. 

Article 19 

Presentation of accounts and discharge 

1.  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. 

2. 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. 

3.  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. 

EN 

34 

   EN 

 
 
4. The Management Board shall deliver an opinion on BEREC’s final accounts. 

5.  The  Executive  Director  shall,  by  1 July  following  each  financial  year,  send  the  final 
accounts to the European Parliament, the Council, the Commission and the Court of Auditors, 
together with the Management Board’s opinion. 

6. BEREC shall publish the final accounts in the Official Journal of the European Union by 
15 November of the following year. 

7.  The  Executive  Director  shall  send  the  Court  of  Auditors  a  reply  to  its  observations  by 
30 September. The Executive Director shall also send this reply to the Management Board. 

8. The Executive Director shall submit to the European Parliament, at the latter’s request, any 
information  required for the smooth  application of the discharge procedure for the financial 
year in question, in accordance with Article 165(3) of Financial Regulation 39. 

9.  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. 

Article 20 

Financial rules 

The  financial  rules  applicable  to  BEREC  shall  be  adopted  by  the  Management  Board  after 
consulting the Commission. They shall not depart from Regulation (EU) No 1271/2013 unless 
such  a  departure  is  specifically  required  for  BEREC’s  operation  and  the  Commission  has 
given its prior consent. 

CHAPTER IV 

STAFF 

Article 21 

General provision 

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. 

Article 22 

Appointment of Executive Director 

1.  The  Executive  Director  shall  be  engaged  as  a  temporary  agent  of  BEREC  in  accordance 
with Article 2(a) of the Conditions of Employment of Other servants. 

2.  The  Executive  Director  shall  be  appointed  by  the  Management  Board,  from  a  list  of 
candidates  proposed  by  the  Commission,  following  an  open  and  transparent  selection 
procedure. 

39 
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council  of 25 October 
2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, 
Euratom) No 1605/2002 (OJ L 298, 26.10.2012). 

EN 

35 

   EN 

 
                                                 
For  the  purpose  of  concluding  the  contract  with  the  Executive  Director,  BEREC  shall  be 
represented by the Chairperson of the Management Board. 

Before appointment, the candidate selected by the Management Board may be invited to make 
a  statement  before  the  competent  committee  of  the  European  Parliament  and  to  answer 
questions put by its members. 

3. The term of office of the Executive Director shall be five years. By the end of that period, 
the  Commission  shall  undertake  an  assessment  that  takes  into  account  an  evaluation  of  the 
Executive Director’s performance and BEREC’s future tasks and challenges. 

4. The Management Board, acting on a proposal from the Commission that takes into account 
the  assessment  referred  to  in  paragraph  3,  may  extend  the  term  of  office  of  the  Executive 
Director once, for no more than five years. 

5.  The  Management  Board  shall  inform  the  European  Parliament  if  it  intends  to  extend  the 
Executive  Director’s  term  of  office.  Within  one  month  before  any  such  extension,  the 
Executive Director may be invited to make a statement before the competent committee of the 
Parliament and to answer questions put by its members. 

6.  An  Executive  Director  whose  term  of  office  has  been  extended  may  not  participate  in 
another selection procedure for the same post at the end of the overall period. 

7.  The  Executive  Director  may  be  removed  from  office  only  upon  a  decision  of  the 
Management Board acting on a proposal from the Commission. 

8.  The  Management  Board  shall  reach  decisions  on  appointment,  extension  of  the  term  of 
office or removal from office of the Executive Director on the basis of a two-thirds majority 
of its members with voting rights. 

Article 23 

Seconded national experts and other staff 

1.  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. 

2.  The  Management  Board  shall  adopt  a  decision  laying  down  rules  on  the  secondment  of 
national experts to BEREC. 

CHAPTER V 

GENERAL PROVISIONS 

Article 24 

Legal status 

1. BEREC shall be a body of the Union. It shall have legal personality. 

2.  In  each  of  the  Member  States  BEREC  shall  enjoy  the  most  extensive  legal  capacity 
accorded  to  legal  persons  under  their  laws.  It  may,  in  particular,  acquire  and  dispose  of 
movable and immovable property and be party to legal proceedings. 

3. BEREC shall be represented by the Executive Director. 

4. BEREC shall have sole responsibility for the tasks and powers assigned to it. 

EN 

36 

   EN 

 
Article 25 

Privileges and immunities 

The Protocol on the Privileges and Immunities of the European Union shall apply to BEREC 
and its staff. 

Article 26 

Cooperation with Union bodies, third countries and international organisations 

1.  In  so  far  as  is  necessary  in  order  to  achieve  the  objectives  set  out  in  this  regulation  and 
perform  its  tasks,  and  without  prejudice  to  the  competences  of  the  Member  States  and  the 
institutions  of  the  Union,  BEREC  may  cooperate  with  competent  Union  bodies,  agencies, 
offices  and  advisory  groups,  with  competent  authorities  of  third  countries  and/or  with 
international organisations. 

To  this  end,  BEREC  may,  subject  to  prior  approval  by  the  Commission,  establish  working 
arrangements. These arrangements shall not create legal obligations incumbent on the Union 
and its Member States. 

2.  BEREC  shall  be  open  to  the  participation  of  regulatory  authorities  of  third  countries 
competent in  the field  of electronic communications  that have entered into  agreements with 
the Union to that effect. 

Under  the  relevant  provisions  of  these  agreements,  arrangements  shall  be  developed 
specifying, in particular, the nature, extent and manner in which those regulatory authorities 
of the third countries concerned will participate in the work of BEREC, including provisions 
relating to  participation in  the initiatives undertaken by BEREC, financial  contributions and 
staff. As regards staff matters, those arrangements shall, in any event, comply with the Staff 
Regulations. 

3. 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. 

Article 27 

Transparency and communication 
1. Regulation (EC) 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 (EC) No 1049/2001. 

2. The processing of personal data by BEREC shall be subject to Regulation (EC) 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 

40 

41 

Regulation  (EC)  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  (OJ L 145, 
31.5.2001, p. 43). 
Regulation (EC) 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 (OJ L 8, 12.1.2001, p. 1). 

EN 

37 

   EN 

 
                                                 
(EC)  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. 

3.  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(1)  and  2(2)  of  this  Regulation. 
Communication activities shall be carried out in accordance with relevant communication and 
dissemination plans adopted by the Management Board. 

Article 28 

Confidentiality 

1. Without  prejudice to Article 27(1), 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. 

2.  Members  of  the  Management  Board,  the  Executive  Director,  members  of  the  Board  of 
Appeal,  seconded  national  experts,  other  staff  not  employed  by  BEREC  and  experts 
participating  in  working  groups  shall  comply  with  the  confidentiality  requirements  under 
Article 339 of the Treaty, even after their duties have ceased. 

3.  The  Management  Board  shall  lay  down  the  practical  arrangements  for  implementing  the 
confidentiality rules referred to in paragraphs 1 and 2. 

Article 29 

Security rules on the protection of classified and sensitive non-classified information 

BEREC shall adopt its own security rules equivalent to the Commission’s security rules for 
protecting  European  Union  Classified  Information  (‘EUCI’)  and  sensitive  non-classified 
information,  inter  alia  provisions  for  the  exchange,  processing  and  storage  of  such 
information as set out in Commission Decisions (EU, Euratom) 2015/44342 and 2015/44443. 
Alternatively,  BEREC  may  adopt  a  decision  to  apply  the  Commission’s  rules  on  a  mutatis 
mutandis basis. 

Article 30 

Exchange of information 

1. 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. 

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. 

42 

43 

Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 
72, 17.3.2015, p. 41). 
Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting 
EU classified information (OJ L 72, 17.3.2015, p. 53). 

EN 

38 

   EN 

 
                                                 
2. 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. 

3.  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. 

4.  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. 

BEREC shall inform the relevant NRAs of requests in accordance with this paragraph. 

At the request of BEREC, the NRAs shall assist BEREC in collecting the information. 

Article 31 

Declaration of interest 

1. 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. 

The  declarations  shall  be  accurate  and  complete,  made  in  writing  and  updated  whenever 
necessary. The declarations of interests made by the members of the Management Board and 
the Executive Director shall be made public. 

2.  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. 

3.  The  Management  Board  shall  lay  down  the  rules  for  the  prevention  and  management  of 
conflicts  of  interest  and,  in  particular,  for  the  practical  arrangements  for  the  provisions 
referred to in paragraphs 1 and 2. 

Article 32 

Combating fraud 

1.  In  order  to  facilitate  combating  fraud,  corruption  and  other  unlawful  activities  under 
Regulation  (EU,  Euratom)  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 (EU, Euratom) 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 (OLAF) and repealing 
Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation 
(Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 

EN 

39 

   EN 

 
                                                 
2. 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. 

3.  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 (EU, 
Euratom) No 883/2013 and Council Regulation (Euratom, EC) No 2185/9645. 

4.  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. 

Article 33 

Liability 

1.  BEREC’s  contractual  liability  shall  be  governed  by  the  law  applicable  to  the  contract  in 
question. 

2.  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. 

3.  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. 

4.  The  Court  of  Justice  of  the  European  Union  shall  have  jurisdiction  in  disputes  over 
compensation for damages referred to in paragraph 3. 

5. 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. 

Article 34 

Administrative inquiries 

The  activities  of  BEREC  shall  be  subject  to  the  inquiries  of  the  European  Ombudsman  in 
accordance with Article 228 of the Treaty. 

Article 35 

Language arrangements 

1. The provisions laid down in Regulation No 1/5846 shall apply to BEREC. 

2.  The  translation  services  required  for  the  functioning  of  BEREC  shall  be  provided  by  the 
Translation Centre of the bodies of the European Union. 

45 

46 

Council  Regulation  (Euratom,  EC)  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 (OJ L 292, 15.11.1996, p. 2). 
Council Regulation No 1 determining the languages to be used by the European Economic Community 
(OJ L 17, 6.10.1958, p. 385). 

EN 

40 

   EN 

 
                                                 
Article 36 

Committee 

1.  The  Commission  shall  be  assisted  by  a  Committee  (‘the  Communications  Committee’). 
That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall 
apply.  

3. Where the opinion of the committee is to be obtained by a written procedure, the procedure 
shall be terminated without result when, within the time limit for delivery of the opinion, the 
chair of the committee so decides. 

CHAPTER VI 

TRANSITIONAL AND FINAL PROVISIONS 

Article 37 

Headquarters Agreement and operating conditions 

1. 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. 

2. 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. 

Article 38 

Evaluation 

1. 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(s). The evaluation shall, in particular, address the possible need to modify 
the mandate of BEREC, and the financial implications of any such modification. 

2.  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. 

3. The Commission shall report to the European Parliament, the Council and the Management 
Board on the findings of the evaluation. The findings of the evaluation shall be made public. 

EN 

41 

   EN 

 
 
 
Article 39 

Succession to the Office established by Regulation (EC) No 1211/2009 

1. Without prejudice to paragraph 2, BEREC shall succeed the Office that was established by 
Regulation (EC) No 1211/2009 (‘BEREC Office’) as regards all ownership, agreements, legal 
obligations, employment contracts, financial commitments and liabilities. 

In particular, this regulation shall not affect the rights and obligations of the staff of the Office 
established under Regulation (EC) 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. 

2.  With  effect  from  [the  date  of  entry  into  force  of  this  regulation]  and  until  the  Executive 
Director takes up his/her duties following his/her appointment by the Management Board in 
accordance with Article 22, the Administrative Manager appointed on the basis of Regulation 
(EC)  No 1211/2009  shall,  for  the  remaining  period  of  his/her  term  of  office,  act  as  interim 
Executive Director with the functions provided for in this regulation. The other conditions of 
the Administrative Manager’s contract shall remain unchanged. 

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. 

3.  The  contract  of  employment  of  the  Administrative  Manager  appointed  on  the  basis  of 
Regulation (EC) 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. 

An Administrative Manager appointed on the basis of Regulation (EC) No 1211/2009 whose 
term of office has been extended shall abstain from participating in the selection procedure for 
the Executive Director referred to in Article 22. 

4. The Management Board referred to in Article 4 shall be composed of the members of the 
Management Committee referred to in Article 7 of Regulation (EC) No 1211/2009, until new 
representatives are nominated. 

5.  The  discharge  procedure  in  respect  of  the  budget  approved  on  the  basis  of  Article  11  of 
Regulation (EC) No 1211/2009  shall be carried out  in accordance with  the rules established 
by Regulation (EC) No 1211/2009. 

Article 40 

Entry into force 

Regulation (EC) No 1211/2009 is repealed.  

References to Regulation (EC) No 1211/2009 and to the BEREC Office shall be construed as 
references to this regulation and to BEREC. 

Article 41 

Entry into force 

This regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

EN 

42 

   EN 

 
It shall apply from [...]. 

This regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

43 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.  Title of the proposal/initiative 

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative 

1.4.  Objective(s) 

1.5.  Grounds for the proposal/initiative 

1.6.  Duration and financial impact 

1.7.  Management mode(s) planned 

2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

2.2.  Management and control system 

2.3.  Measures to prevent fraud and irregularities 

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected 

3.2.  Estimated impact on expenditure 

3.2.1. Summary of estimated impact on expenditure 

3.2.2. Estimated impact on operational appropriations 

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions 

3.3.  Estimated impact on revenue

EN 

44 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1. 

Title of the proposal/initiative 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council 
establishing the Body of European Regulators for Electronic Communications 
(BEREC) and repealing Regulation 1211/2009 

1.2. 

Policy area(s) concerned in the ABM/ABB structure47 

Policy area: Communications Networks, Content and Technology 

Activity: Regulatory Framework for the Digital Agenda for Europe 

1.3. 

Nature of the proposal/initiative 

 The proposal/initiative relates to a new action 
 The proposal/initiative relates to a new action following a pilot project/preparatory action48 

 The proposal/initiative relates to the extension of an existing action 

 The proposal/initiative relates to an action redirected towards a new action 

1.4. 

Objective(s) 

1.4.1.  The Commission’s multiannual strategic objective(s) targeted by the proposal/initiative 

The measures provided for in this proposed Regulation are complementing the revision of the 
existing  regulatory  framework  for  electronic  communications  as  one  building  block  of  the 
Digital Single Market (DSM) strategy launched in May 201549. 

It  envisages  reviewing  the  current  regulatory  framework,  with  the  view  to  updating  it  and 
adapting  it  to  technology  and  market  development  and  ensuring  a  greater  degree  of 
convergence  of  national  and  Union  regulation  and  a  consistent  implementation  of  Union 
rules, as well as a widespread access to, and take-up of, very high capacity data connectivity. 

The regulatory  framework has  been effective in delivering a competitive sector overall and 
significant  end-user  benefits,  however  results  in  the  achievement  of  the  single  market 
objective  are  rather  modest.  Regulatory  consistency  has  been  achieved  only  to  a  limited 
extent, affecting  the  operations  of  cross-border  providers  and  reducing  predictability  for  all 
operators and investors. 

The  proposed  measures  aim  at  fostering  the  development  of  a  true  internal  market  for 
electronic communications in the Union, notably through a greater coordination of regulatory 
remedies and consistency in the regulation and design of access products needed to support a 
real  pan-European  telecoms  market,  which  is  of  particular  relevance  to  business  end-users. 
Measures  are  also  envisaged  to  stimulate  competition  to  invest  in  very  high  capacity  data 
connectivity  across  the  Union  and  to  ensure  network  deployment  reaches  all  geographical 
areas  to  breach  digital  divides.  Furthermore  the  level  playing  between  traditional  telecoms 
operators and internet-based communications services will be addressed and a number of new 
provisions  are  envisaged  to  protect  end-users  against  certain  communications-specific  risks 
while removing redundant or overlapping rules on consumer protection. 

47 
48 
49 

ABM: Activity-Based Management — ABB: Activity-Based Budgeting. 
As referred to in Article 54(2)(a) or (b) of the Financial Regulation. 
Communication of 6 May 2015 ‘A Digital Single Market Strategy for Europe’ COM(2015) 192 final. 

EN 

45 

   EN 

 
                                                 
An  adequate  and  efficient  institutional  set-up  is  key  to  ensure  a  positive  and  coherent 
outcome  of  the  overall  telecoms  regulatory  framework  and  is  critical  for  the  digital  single 
market.  NRAs  competences  will  be  strengthened  and  harmonised  and  certain  tasks  will  be 
better addressed at European level. The DSM strategy indicated that the changing market and 
technological  environment  calls  for  strengthening  the  institutional  framework  and  that 
enhancing the role of BEREC will also be required. 

BEREC  will  have  an  important  and  strengthened  role  to  play  in  ensuring  effective 
implementation  of  the  proposed  legislative  package  with  a  number  of  additional  tasks, 
including  some  ‘pre-normative  tasks’  and  binding  powers,  the  provision  of  guidelines  and 
report and the keeping of registers. 

BEREC, being developed into a fully-fledged agency, would therefore become a key actor to 
serve  the  objective  of  achieving  an  internal  telecoms  market  in  the  Union.  The  call  on 
BEREC  to  contribute  to  shaping  technical  and  policy  orientations  will  be  increased. 
Therefore, the proposed measures are strengthening BEREC’s structure, including giving it a 
legal  personality  and  providing  additional  stability  for  its  strategic  management.  BEREC 
would also receive the power to request information directly from operators. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned 

Specific objective No    

BEREC is contributing to the improvement of the functioning of the internal market, for the 
benefit of both consumers and industry. The proposed measure, which significantly aligns the 
new agency with the Common Approach50, strengthens BEREC’s structure and makes it the 
cornerstone  of  an  efficient  Union  system  of  regulatory  authorities.  It  also  gives  BEREC  a 
coordinating  role  in  all  areas  of  competence  of  national  regulatory  authorities,  thus 
strengthening  its  role  for  the  internal  market  and  ensuring  an  efficient  implemtation  and 
follow-up in relation to the ist various deliverables. 

ABM/ABB activity(ies) concerned 

Regulatory framework for electronic communications. 

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The initiative is expected to bring the following impacts: 

The  aim  is  to  transform  BEREC  into  a  fully  fledged  agency  (in  line  with  the  Common 
Approach)  capable  of  contributing  to  the  better  functioning  of  the  internal  market  for 
electronic communications networks and services, including in particular the development of 
cross-border  electronic  communications  services,  and  of  effectively  carrying  out  the  tasks 
assigned to it. 

See the accompanying Impact Assessment for more details. 

1.4.4. 

Indicators of results and impact 

Specify the indicators for monitoring implementation of the proposal/initiative. 

The monitoring indicators per objective are as follows: 

50 

See under: http://europa.eu/agencies/documents/joint_statement_and_common_approach_2012_en.pdf. 

EN 

46 

   EN 

 
 
 
                                                 
- number of times that BEREC assist the Commission, on request and on its own initiative 

- number of times that BEREC assist the NRAs, on request and on its own initiative 

- number of relevant binding decisions adopted by BEREC in the relevant areas  

-  number  of  opinions  issued  by  BEREC,  in  particular  in  relation  to  the  internal  market 
procedures for market regulation and for radio spectrum peer review 

- number of guidelines issued by BEREC in the relevant areas 

- number of reports issued by BEREC in the relevant areas 

- number of recommendations and best practices issued by BEREC addressed to NRAs 

- number of activities with partners and stakeholders 

1.5. 

Grounds for the proposal/initiative 

1.5.1.  Requirement(s) to be met in the short or long term 

Without  prejudice  to  the  specificities  of  the  sector,  BEREC  needs  to  be  aligned  with  the 
Common Approach. In order to fulfil the overall objective of the development of consistent 
regulatory  practice  across  the  Union,  its  tasks  need  to  encompass  all  areas  which  have  an 
effect on the internal market, such as for instance market-shaping aspects of radio spectrum 
assignment  procedures  or  general  authorisation;  and  mirror  the  tasks  assigned  to  national 
regulatory  authorities  as  these  will  as  from  now  be  harmonised.  Its  administrative  capacity 
needs to increase to match the ambition of the new tasks assigned to it. 

1.5.2.  Added value of EU involvement 

BEREC  contributes  to  the  development  of  consistent  regulatory  practice  and  the  consistent 
implementation  of  the  regulatory  framework  for  electronic  communications.  However  the 
BEREC’s  current  institutional  set-up  is  often  opting  for  greater  flexibility  or  the  lowest 
common denominator instead of focusing on a harmonised approach for the internal market. 
The  new  measures  will  increase  the  calls  made  upon  BEREC  to  contribute  to  shaping 
technical  and  policy  orientations.  BEREC  will  have  a  crucial  role,  in  the  coming  years,  in 
furthering  the  digital  single  market;  therefore  the  proposed  measure  is  aiming  at 
strengthening  its  structure,  enhancing  its  competence  and  regulatory  capacity  and  ensuring 
continuity  of  its  action.  BEREC  work  will  however  remain  to  be  built  on  the  expertise  of 
NRAs representatives in the different working groups and the Heads of NRAs will continue 
to take the decisions at the Board level. The rootedness of BEREC in the NRAs is necessary 
in the light of the technical character of the decisions it will be called to make as well as of 
the current context of agencies' resource constraints. 

1.5.3.  Lessons learned from similar experiences in the past 

The current architecture is made up of a body with legal personality (BEREC Office) which 
is  the  smallest  agency  in  the  Union  and  the  BEREC  Board  of  Regulators,  without  legal 
personality but adopting opinions in the area of its competence. This structure has proven its 
limits. 

It did not prevent ambiguity in the implementation of Union rules and it has not succeeded in 
overcoming the administrative burden any agency despite its size is confronted with. On the 
contrary, 
it  has  originated  unnecessary  administrative  burden  (e.g.  duplication  of 
programming  and  reporting  processes  for  BEREC  and  the  BEREC  Office,  conferral  of  the 
appointing  authority  powers  to  the  Vice-Chair  of  the  Management  Committee  without 
possibility  of  delegating  to  the  Administrative  Manager  and  further  sub-delegating). 

EN 

47 

   EN 

 
Furthermore it has only partially developed the necessary regulatory capacity to achieve its 
main objectives. 

Bringing  together  BEREC  and  BEREC  Office  would,  on  the  one  hand,  eliminate  the 
abovementioned  inefficiencies  and,  on  the  other,  provide  the  new  agency  with  additional 
resources to function with. 

1.5.4.  Compatibility and possible synergy with other appropriate instruments 

is  part  of 

the  review  of 

The  proposal 
the  regulatory  framework  for  electronic 
communications,  which  contributes  to  one  of  the  pillars  of  the  DSM  Strategy  launched  in 
May 2015 and it is consistent : it is one of the main components of a package which is the 
cornerstone of Union legislation aiming at promoting competition, the internal market, end-
users interest as well as at promoting the achievement of widespread access to, and take-up 
of,  very  high  capacity  data  connectivity. It is  consistent  with  Union  competition  and  single 
market policy. 

In  the  context  of  the  proposal,  efficiency  gains  and  synergies  with  other  existing  Union 
agencies were analysed but discarded (see Impact Assessment for additional information). 

1.6. 

Duration and financial impact 

 Proposition/initiative à durée limitée 

–    Proposition/initiative en vigueur à partir de [JJ/MM]AAAA jusqu’en [JJ/MM]AAAA 

–    Incidence financière de AAAA jusqu’en AAAA 

 Proposition/initiative à durée illimitée 

–  Implementation  with  a  start-up  period  from  2019  to 

202251 

–  Followed by operation at cruising speed. 

1.7.  Management mode(s) envisaged52 

 Direct management by the Commission  

–    by its departments, including by its staff in the Union delegations;  

–    by the executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

–   third countries or the bodies they have designated; 

–   international organisations and their agencies (to be specified); 

–   the EIB and the European Investment Fund; 

–   bodies referred to in Articles 208 and 209 of the Financial Regulation; 

–   public law bodies; 

51 
52 

Implementation will start in 2019 and continue until 2022 under the next MFF. 
Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html. 

EN 

48 

   EN 

 
 
 
                                                 
–   bodies governed by private law with a public service mission to the extent that 

they provide adequate financial guarantees; 

–    bodies governed  by the private law of a  Member State that are entrusted  with 
the  implementation  of  a  public-private  partnership  and  that  provide  adequate 
financial guarantees; 

–    persons  entrusted  with  the  implementation  of  specific  actions  in  the  CFSP 

pursuant to Title V of the TEU, and identified in the relevant basic act. 

Comments  

2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

Specify frequency and conditions. 

Monitoring system 

In  accordance  with  the  founding  Regulation  No  1211/2009,  the  Commission  has  an 
obligation  to  publish  a  report  on  the  experience  acquired  as  a  result  of  the  operation  of 
BEREC and the BEREC Office within three years of the effective start of operations. 

The evaluation report of 2012 was focused, following the overall objectives of BEREC and 
the subsequent roles and tasks of BEREC and BEREC Office, on how efficiently, based on 
the  experience  so  far,  BEREC  has  succeeded  in  its  role  with  a  view  to  contributing  to  the 
development  of  the  internal  market  for  electronic  communications.  The  scope  of  the 
evaluation  was  to  provide  an  assessment  of  BEREC’s  and  the  BEREC  Office’s  working 
practices, organisation and remit and if appropriate, recommendations for improvements. The 
evaluation  was  finalised  in  December  2012  and  published.  The  evaluation  study  was  also 
transmitted  to  European  Parliament  and  Council;  the  European  Parliament  issued  a 
Resolution containing its opinion on it53.  

More recently, in the context of the review, the Commission has commissioned three studies 
on  ‘Substantive  issues  for  review  in  the  areas  of  market  entry,  management  of  scarce 
resources  and  general  end-users issue’54;  on  ‘Regulatory,  in  particular  access,  regimes  for 
network investment models in Europe’55 and on the ‘Impact Assessment for the Review of the 
Framework for electronic communications’56. The last two studies also assessed the structure 
of BEREC, and the way it has so far carried out its main tasks. 

The  new  agency  will  be  reviewed  and  evaluated  periodically.  Within  five  years  from  the 
entry into force of the regulation, and then every five years thereafter, the Commission will 
perform  an  evaluation  in  compliance  with  the  Commission  guidelines  to  assess  BEREC’s 
performance in relation to its objectives, mandate, tasks and location(s). The evaluation will, 
in particular, address the possible need to modify the mandate of BEREC, and the financial 
implications  of  any  such  modification.  The  Commission  must  report  on  the  findings  of  the 

53 
54 
55 
56 

EN 

http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7- TA-2013-0536&language=EN. 

SMART 2015/0003. 

SMART 2015/002. 
SMART 2015/005. 

49 

   EN 

 
 
 
                                                 
evaluation to the European Parliament, the Council and the Management Board. The findings 
of the evaluation must be made public. 

2.2.  Management and control system 

2.2.1.  Risk(s) identified 

The risks  identified  are limited: a  Union agency exists already but  will be  transformed and 
aligned to the Common Approach and it will get new competences and tasks. The proposal 
would  therefore  strengthen  its  organisational  function  and  lead  to  efficiency  gains.  The 
increase  of  operational  competences  and  tasks  does  not  represent  a  real  risk,  provided 
adequate resources are foreseen. The significant new advisory competences relate to areas in 
which the national regulatory authorities have expertise, on which BEREC can build through 
its  collaborative  structure,  while  the  decision  making  and  pre-normative  competences 
concern areas where BEREC already has advisory experience, albeit the scale of these tasks 
will increase. 

Furthermore  the  proposed  structure,  governance  and  operation  model  of  the  agency,  as  per 
the  Common  Approach,  ensure  that  there  is  a  sufficient  control  in  place  to  make  sure  that 
BEREC  works  towards  its  objectives.  The  operational  and  financial  risks  of  the  proposed 
changes seem to be limited. 

2.2.2.  Control method(s) envisaged 

See point 2.1 and point 2.2 above. 

The agency's accounts will be submitted for approval of the Court of Auditors and subject to 
the discharge procedure and audits are envisaged.  

Also  the  operations  of  the  agency  are  subject  to  the  supervision  of  the  Ombudsman  in 
accordance with the provisions of Article 228 of the Treaty. 

2.3.  Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures. 

The BEREC’s prevention and protection measures would apply, specifically: 

-  Payments  for  any  service  or  studies  requested  are  checked  by  the  agency’s  staff  prior  to 
payment,  taking  into  account  any  contractual  obligations,  economic  principles  and  good 
financial or management practice. Anti-fraud provisions (supervision, reporting requirements, 
etc.)  will  be  included  in  all  agreements  and  contracts  concluded  between  the  agency  and 
recipients of any payments. 

-  In  order  to  combat  fraud,  corruption  and  other  unlawful  activities  the  provisions  of 
Regulation  (EU,  Euratom)  No 883/2013  of  the  European  Parliament  and  of  the  Council  of 
25 May  1999  concerning  investigations  conducted  by  the  European  Anti-fraud  Office 
(OLAF) shall apply without restriction. 

-  The  agency  shall  accede,  within  six  months  form  the  day  of  entry  into  force  of  this 
regulation,  to  the  Inter-institutional  Agreement  of  25 May  1999  between  the  European 
Parliament  and  the  Council  of  the  European  Union  and  the  Commission  of  the  European 
Communities concerning internal investigations by the European Anti-fraud Office (OLAF) 
and shall issue, without delay, the appropriate provisions applicable to all the employees of 
the agency. 

EN 

50 

   EN 

 
 
 
3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected 

  Existing budget lines 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure 

Contribution  

Heading of 
multiannual 
financial 
framework 

Number/Description 

Diff./non-
diff. 
(57) 

from 
EFTA 
countries58 

from 
candidate 
countries59 

from 
third 
countries 

within the 
meaning of 
Article 
18(1)(aa) of 
the Financial 
Regulation  

1.a 
Competitiveness 
for growth and 
employment 

09 02 04 Body of European Regulators for 
Electronic  Communications  (BEREC)  — 
Office — Subsidy 

Diff... 

YES 

NO 

NO 

NO 

09  01  01  Expenditure  related  to  staff  in 
active  employment  of  Communications 
Networks, Content and Technology policy 
area 

09  01  02  Expenditure  related  to  external 
staff 
of 
Communications  Networks,  Content  and 
Technology policy 

employment 

active 

in 

5. 
Administrative 
expenditure 

Non diff. 

NO 

NO 

NO 

NO 

Non diff. 

NO 

NO 

NO 

NO 

09 
01 
expenditure 

02 

11 Other  management 

Non diff. 

NO 

NO 

NO 

NO 

57 
58 
59 

Diff. = Differentiated appropriations / Non-Diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

51 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2. 

Estimated impact on expenditure 

3.2.1. 

Summary of estimated impact on expenditure (in EUR millions) 

Heading of multiannual financial  
Framework:  

1a 

Competitiveness for growth and employment 

EUR million (to three decimal places) 

BEREC  

Baseline 

Year 

Year 

TOTAL 

2019-2020 

201760 

2019 

2020 

Staff Expenditure (Title 1)  

Infrastructure  &  operating 
expenditures (Title 2) 

Commitments 

Payments 

Commitments 

Payments 

Operational 
(Title 3) 

expenditure 

Commitments 

Payments 

-1 

-2 

(1a) 

(2a) 

(1b) 

(2b) 

TOTAL appropriations  Commitments 

=1+1a+1b 

2.302 

2.302 

0.359 

0.359 

1.585 

1.585 

4.246 

3.410 

3.410 

0.444 

0.444 

2.054 

2.054 

5.908 

4.064 

4.064 

0.579 

0.579 

2.812 

2.812 

7.474 

7.474 

1.023 

1.023 

4.866 

4.866 

7.455 

13.363 

60 

EN 

The 2017 baseline scenario is only provided for comparison reasons and reflects the figures in  the 2017 Draft Budget (BEREC Office). EUR 220.000 of this amount is 
assigned revenue. 

52 

EN 

 
  
 
 
  
  
 
  
  
 
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
for BEREC  

Payments 

=2+2a+2b 

4.246 

5.908 

7.455 

13.36361 

61 

EN 

The potential efficiencies and savings for Member States, in particular as regards the enhanced powers conferred to the agency, as well as for the Commission have been 
analysed as part of the Impact Assesment. The new agency is expected to continue in the future the current service agreements with the Commission (accounting officer 
and using certain applications and tools) and with other Union agencies (with ENISA as regards off-site storage of back-up data and the internal control coordinator), which 
could be even further expanded to new areas. 

53 

EN 

 
  
 
 
                                                 
Heading 
framework:  

of 

multiannual 

financial  

5 

‘Administrative expenditure’ 

EUR million (to three decimal places) 

DG CONNECT 

 Human resources  

 Other administrative expenditure  

TOTAL DG CONNECT 

Baseline 
201762 
3 

0.356 

0.030 

0.386 

Year 
2019 
3 

0.356 

0.030 

0.386 

Year 
2020 
3 

0.356 

0.030 

0.386 

TOTAL 
2019-202063 

0.712 

0.060 

0.772 

appropriations 
TOTAL 
under 
HEADING 5 
of the multiannual financial framework  

(Total  commitments  = 
Total payments) 

0.386 

0.386 

0.386 

0.772 

TOTAL 
appropriations  
5 
under 
to 
1 
of the multiannual financial framework  

HEADINGS 

Commitments 

Payments 

Baseline 
201764 

4.632 

4.632 

Year 
2019 

6.294 

6.294 

Year 
2020 

7.841 

7.841 

TOTAL 
2019-2020 

14.135 

14.135 

62 
63 

64 

EN 

The 2017 baseline scenario is only provided for comparison reasons. 
The current level of DG CNECT resources is maintained. It is however expected that BEREC will require less support from its parent DG in terms of administrative tasks 
and  compliance  with  EU  rules  for  decentralised  agencies and  more  support  on  the  new  operational  areas  as  well  as  the  increased  level  of participation  at  Management 
Board level (two representatives instead of one). 
The 2017 baseline scenario is only provided for comparison reasons.  

54 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.2.  Estimated impact on Agency’s appropriations   

  The proposal/initiative does not require the use of operational appropriations 

–    The proposal/initiative requires the use of operational appropriations, as described below: 

Commitment appropriations in EUR million (to three decimal places) 

EN 

55 

EN 

 
  
 
 
 
 
 
Indicate objectives and outputs65 

 

Specific activities  

Pre-normative tasks and binding powers  

Regulatory guidance  

Market review  

Radio spectrum peer-review  

Registry functions  

Horizontal activities  

Activities of the Management Board  

Assistance and advice to Commission and other EU institutions  

Support and assistance to NRAs  

International cooperation  

Provision of regulatory/professional training to NRAs  

TOTAL COST 

Year 
2019 

0.226 

0.698 

0.103 

0.041 

0.021 

0.308 

0.410 

0.041 

0.144 

0.062 

2.054 

Year 
2020 

0.309 

0.956 

0.141 

0.056 

0.028 

0.422 

0.563 

0.056 

0.197 

0.084 

2.812 

TOTAL 

2019-2020 

0.535 

1.654 

0.244 

0.097 

0.049 

0.730 

0.973 

0.097 

0.341 

0.146 

4.866 

65 

This table outlines only operational expenditure as per Title 3. 

EN 

56 

EN 

 
  
 
 
 
 
 
 
 
 
                                                 
BEREC  will  have  an  important  and  strengthen  role  to  play  in  ensuring  effective 
implementation of the proposed legislative package with a number of additional tasks. These 
tasks are of technical nature and will focus on areas where there is a cross-border dimension 
or where guidance from BEREC could help NRAs to ensure the consistent implementation of 
the regulatory framework for electronic communications. 

In  particular,  BEREC  will  have  some  ‘pre-normative  tasks’  (in  particular,  in  relation  to  the 
calculation  of  maximum  termination  rates)  as  well  as  certain  binding  powers  since  it  will 
issue  decisions  on  the  identification  of  transnational  markets  and  on  a  contract  summary 
template (these new tasks are included under ‘Pre-normative tasks and binding powers’, see 
table above). 

It  will  also  issue  guidelines  on  the  implementation  of  NRAs’  obligations  as  regards 
geographical surveys of infrastructure/investment, as well as on common approaches to meet 
transnational  end-user  demand.  It  will  also  adopt  guidelines  on  the  minimum  criteria  for  a 
reference  offer,  on  cost  models  for  setting  termination  rates,  on  numbering  management 
requirements, and on relevant quality of service parameters and the applicable measurement 
methods. Furthermore, BEREC shall report on the possible threat to end-to-end connectivity 
between  end-users  or  threat  to  effective  access  to  emergency  services,  in  the  context  of 
identifying the need for standards (these new tasks are included under ‘Regulatory guidance’). 

BEREC’s  role  in  relation  to  the  internal  market  procedures  for  market  regulation  is 
reinforced.  BEREC’s  opinion  will  now  have  an  authoritative  role  when  the  Commission 
decides  whether  the  NRA  concerned  should  withdraw  the  draft  regulatory  measure.  It  is 
proposed  that  only  where  BEREC  shares  the  serious  doubts  of  the  Commission,  the  latter 
would  be  allowed  to  take  a  decision  requiring  the  NRA  to  withdraw  the  notified  measures 
(these new tasks are included under ‘Market review’). 

BEREC  will  also  be  in charge  of  a new  ‘peer  review’  process  in  relation  to  the  assignment 
process  of  right  of  use  for  radio  spectrum.  This  concerns  primarily  the  review  of  national 
measures  when  assigning  radio  spectrum  rights  of  use  that  can  affect  the  functioning  of 
wireless  markets or  otherwise  significantly shape the valuation of radio spectrum  resources. 
BEREC  will  issue (non-binding)  opinions  on  these  draft  measures  based  on  a  technical  and 
economic assessment (these new tasks are included under ‘Radio spectrum peer-review’). 

BEREC  will  also  be  entrusted  with  the  responsibility  of  keeping  a  register  of  undertakings 
providing  electronic  communications  networks  and  services  and  a  register  of  numbers  with 
extraterritorial use (these new tasks are included under ‘Registry functions’). 

Furthermore,  some  of  the  tasks  assigned  to  BEREC  by  Regulation  No  531/2012  (Roaming 
Regulation) and Regulation No 2015/2120 (TSM Regulation) (i.e. issuing of guidelines on net 
neutrality,  provision  of  input  to  draft  Commission  implementing  acts  on  roaming,  etc.)  will 
now be carried out under the umbrella of the new agency and will require certain additional 
resources66 (see ‘Regulatory guidance’ and ‘Assistance and advice to Commission and other 
EU institutions’). 

Also  by  establishing  a  fully-fledged  agency  some  horizontal  activities,  which  are  currently 
mainly carried out by NRAs staff, will be to a certain extent internalised by the new agency, 
under (for example, the preparation of the work programme of BEREC - including regulatory 
activities  -  which  is  currently  done  by  the  NRA  staff  of  the  incoming  Chair,  preparation  of 
working arrangements for cooperation with authorities from third countries, etc.). 

66 

In the past when new tasks were assigned to BEREC, the resources for the BEREC Office (the Union 
agency providing support to the Board of Regulators) were not modified. 

EN 

57 

   EN 

 
                                                 
The significant increase of tasks implies the need of allocating additional resources (including 
headcount) to BEREC to secure adequate functioning and the fulfilment of its tasks. 

3.2.3.  Estimated impact on Agency’s human resources 

3.2.3.1.  Summary 

–    The  proposal/initiative  does  not  require 
the use of appropriations of an administrative 
nature 

–    The proposal/initiative requires the use of 
appropriations of an administrative nature, as 
described below: 

–  Estimate to be expressed in full time equivalent units 

Human resources  

Baseline 
201767 

Year 
2019 

Year 
2020 

Baseline  

Amendments  

Modified baseline 

Establishment 
posts in headcounts 
(AD/AST)  

External  personnel 
(FTE)  

Of  which  Contract 
Agent  

Of which Seconded 
National Experts  

Total Staff  

26 

0 

26 

14 

12 

8 

4 

26 

26 

9 

35 

14 

21 

13 

8 

35 

26 

18 

44 

14 

30 

19 

11 

4468 

Staff expenditure69  

Baseline 
2017 

Year 
2019 

Year 
2020 

Establishment plan 

Posts (in headcounts)  

Exernal 

personnel 

- 

1.876 

1.876 

– 

67 
68 

69 

The 2017 baseline scenario is only provided for comparison reasons. 
As indicated under point 1.6, implementation will start in 2019 and continue until 2022 under the next 
MFF. Due to the current context of resource constraints, the human resources proposed for 2019-2022 
are CA and SNE. Based on the Impact Assessment, the total staff needed by BEREC in order to fulfil 
its  new  tasks  under  the  enlarged  mandate  is  estimated  at  60  FTEs  at  the  end  of  the  implementation 
period 2019-2022. 
The  2017  baseline  scenario  is  only  provided  for  comparison  reasons.  The  calculation  of  staff 
expenditure for 2019 and 2020 is based on average costs of staff with 'habillage' (Ares(2015)5703479 
of 9 December 2015), which would explain part of the expenditure increase from 2017 to 2019. 

EN 

58 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(FTE) 

- Of which contract 

agents 

-  Of  which  Seconded 
National Experts 

- 

- 

0.910 

1.330 

0.624 

0.858 

Total Staff 

2.302 

3.410 

4.064 

Additional Staff needed by BEREC in 2020 in relation to its new tasks under the enlarged mandate70  
(detail by task) 

Total Staff 

(FTE) 

New tasks 

Pre-normative tasks and binding powers  

Regulatory guidance  

Market review  

Radio spectrum peer-review  

Registry functions  

International cooperation 

Assistance and advice to Commission and other EU institutions 

Management and administrative support  

4 

5 

2 

1 

1 

1 

2 

2 

18 

70 

Based on the Impact Assessment and without prejudging the next MFF, the total additional staff needed 
by  BEREC  in  order  to  fulfil  its  new  tasks  under  the  enlarged  mandate  is  estimated  at  34  FTEs, 
envisioning an overall staff figure of 60 FTEs at the end of the implementation period 2019-2022. 

EN 

59 

   EN 

 
 
 
 
 
 
 
                                                 
 
 
 
 
 
3.2.3.2.  Estimated requirements of human resources for the parent DG 

–    The proposal/initiative does not require the use of human resources. 

–   The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
2019 

Year 
2020 

 Establishment  plan  posts 

(officials  and 

temporary staff) 

XX  01  01  01  (Headquarters  and 
Commission’s Representation Offices) 

3 

3 

 External staff (in Full Time Equivalent unit: 
FTE)71 

XX 01 02 01 (AC, END, INT from the 
‘global envelope’) 

TOTAL 

3 

3 

XX is the policy area or budget title concerned. 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

Description of tasks to be carried out: 

Officials  and  temporary 
staff 

Represent  the  Commission  in  the  Management  Board  of  the  agency.  Draw  up 
Commission opinion on the BEREC single programming document and monitor its 
implementation.  Supervise  the  preparation  of  the  agency’s  budget  and  monitor  its 
implementation.  Assist  the  agency  in  developping  its  actitvities  in  line  with  the 
Union policies including by participating in Working Group meetings.  

External staff 

3.2.4.  Compatibility with the current multiannual financial framework 

–    Proposal/initiative 

is  compatible 
current multiannual financial framework. 

the 

71 

AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JED = 
Junior Experts in Delegations. . 

EN 

60 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
–   

Proposal/initiative 

entail 
reprogramming of the relevant heading in the 
multiannual financial framework. 

will 

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding 
amounts. 

–    Proposal/initiative requires application of 
the  flexibility  instrument  or  revision  of  the 
multiannual financial framework72. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts. 

3.2.5.  Third-party contributions 

–    The  proposal/initiative  does  not  provide 

for co-financing by third parties. 

–    The  proposal/initiative  provides  for  the 

co-financing estimated below: 

Appropriations in EUR million (to three decimal places) 

Year 
2019 

p.m.73 

p.m. 

Year 
2020 

p.m. 

p.m. 

p.m. 

p.m. 

EFTA  

Other 
contributions 
(Member  states, 
NRAs etc.) 

TOTAL 
appropriations 
co-financed  

72 
73 

See points 19 and 24 of the Interinstitutional Agreement. 
The exact amount for the subsequent years will be known when the EFTA’s proportionality factor will 
be fixed for the year concerned. 

EN 

61 

   EN 

 
 
 
                                                 
3.3. 

Estimated impact on revenue 

–    on own resources 

–    on miscellaneous revenue 

–    Proposal/initiative  has  no 

financial 

impact on revenue. 

–    Proposal/initiative  has 

the 

following 

financial impact: 

EN 

62 

   EN