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