REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Body of European Regulators for Electronic Communications

Text proposed by the Commission

Amendment

(7)  BEREC and the BEREC Office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications. Notwithstanding, there are still significant disparities between Member States as regards regulatory practice. Moreover, the governance structure of BEREC and the BEREC Office is cumbersome and gives rise to unnecessary administrative burden. In order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the Union as well as to the promotion of access to, and take-up of, very high capacity data connectivity, competition in the provision of electronic communications networks, services and associated facilities and the interests of the citizens of the Union, this regulation aims to strengthen the role of BEREC and enhance its governance structure by establishing BEREC as a Union decentralised agency. This also corresponds to the need to reflect the significantly enhanced role played by BEREC following Regulation (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.

(7)  BEREC and the BEREC Office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications. Notwithstanding, there are still significant disparities between Member States as regards regulatory practice. In order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the Union as well as to the promotion of access to, and take-up of, very high capacity data connectivity, competition in the provision of electronic communications networks, services and associated facilities and the interests of the citizens of the Union, this regulation aims to strengthen the roles of BEREC and the BEREC Office and enhance their governance structure. This also corresponds to the need to reflect the significantly enhanced role played by BEREC following Regulation (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.

Text proposed by the Commission

Amendment

(8)  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)  The need for the regulatory framework for electronic communications to be consistently applied in a balanced and non-discriminatory manner 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.

Text proposed by the Commission

Amendment

(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.

(9)  The BEREC Office should be governed and operated in line with the principles of the Joint Statement of the European Parliament, the Council and the European Commission of 19 July 2012 on decentralised agencies (‘Common Approach’)²⁸ .

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²⁸ Joint Statement of the Parliament, Council and the Commission on decentralised agencies of 19 July 2012.

²⁸ Joint Statement of the Parliament, Council and the Commission on decentralised agencies of 19 July 2012.

Text proposed by the Commission

Amendment

(10a)  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. BEREC should, accordingly, provide advice to the European Parliament, the Council and the Commission, on their request or on its own initiative.

Text proposed by the Commission

Amendment

(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 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.

(11)  BEREC and the BEREC Office should be allowed if necessary to cooperate with, and without prejudice to the role of, other Union bodies, agencies, offices and advisory groups, in particular the Radio Spectrum Policy Group²⁹ , the European Data Protection Board³⁰ , the European Regulators Group for Audiovisual Media Services³¹ and the European Union Agency for Network and Information Security³² ; as well as with existing committees (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.

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²⁹ Decision 2002/622/EC establishing a Radio Spectrum Policy Group (OJ L 198, 27.7.2002, p. 49).

²⁹ Decision 2002/622/EC establishing a Radio Spectrum Policy Group (OJ L 198, 27.7.2002, p. 49).

³⁰ 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).

³⁰ 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).

³¹ Directive [...].

³¹ Directive [...].

³² 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).

³² 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).

Text proposed by the Commission

Amendment

(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.

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Text proposed by the Commission

Amendment

(13)  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.

(13)  In the past the appointing authority powers were exercised by the Vice-Chair of the Management Committee of the BEREC Office. The Management Board of the new agency should delegate relevant appointing authority powers to the Director, who would be authorised to sub-delegate those powers. This would contribute to an efficient management of the BEREC staff as well as to ensuring that the Management Board, as well as the Chairperson and Deputy Chairperson, can concentrate on their functions.

Text proposed by the Commission

Amendment

(14)  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.

(14)  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.

Text proposed by the Commission

Amendment

(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.

(15)  The Board of Regulators should hold at least four ordinary meetings a year. In view of past experience and the enhanced role of BEREC, the Board of Regulators may need to hold additional meetings.

Text proposed by the Commission

Amendment

(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.

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

Text proposed by the Commission

Amendment

(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 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.

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

Text proposed by the Commission

Amendment

(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 Council³³.

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³³ 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).

Text proposed by the Commission

Amendment

(19)  Commission Delegated Regulation (EU) No 1271/2013 of the European Parliament and of the Council³⁴ should apply to BEREC.

(19)  Commission Delegated Regulation (EU) No 1271/2013 of the European Parliament and of the Council³⁴ should apply to the BEREC Office.

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³⁴ 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).

³⁴ 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).

Text proposed by the Commission

Amendment

(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.

(20)  In order to guarantee the BEREC Office’s autonomy, it should have its own budget, most of which comes essentially from a contribution from the Union. The financing of BEREC should be subject to an agreement by the budgetary authority as set out in point 31 of the Inter-institutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management³⁵.

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³⁵ Inter-institutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (OJ C 373, 20.12.2013, p. 1).

³⁵ Inter-institutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (OJ C 373, 20.12.2013, p. 1).

Text proposed by the Commission

Amendment

(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.

(21)  The BEREC Office should be independent as regards operational and technical matters and should enjoy legal, administrative and financial autonomy.

Text proposed by the Commission

Amendment

(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.

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Text proposed by the Commission

Amendment

(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.

(23)  In order to further extend the consistent implementation of the provisions of the regulatory framework for electronic communications within the scope of BEREC, BEREC and the BEREC Office 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 EFTA States and candidate countries.

Text proposed by the Commission

Amendment

(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 strategies and activities of the Commission and the other institutions in order to take into consideration the broader image of the Union.

(24)  BEREC and the BEREC Office should be allowed to engage in communication activities within their field of competence, which should not be detrimental to BEREC’s and the BEREC Office’s core tasks and should be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board. The content and implementation of BEREC’s and the BEREC Office’s communication strategy should be coherent and relevant with the strategies and activities of the Commission and the other institutions in order to take into consideration the broader image of the Union.

Text proposed by the Commission

Amendment

(25)  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.

(25)  In order to carry out its tasks effectively, BEREC and the BEREC Office should have the right to request all necessary information from the Commission, the NRAs and, as a last resort, other authorities and undertakings. Requests for information should be proportionate and not impose an undue burden on the addressees. NRAs, which are closest to the electronic communications markets, should cooperate with BEREC and the BEREC Office and have a timely and accurate provision of information to ensure that BEREC and the BEREC Office are able to fulfil their mandate. BEREC and the BEREC Office should also share with the Commission and the NRAs the necessary information based on the principle of sincere cooperation.

Text proposed by the Commission

Amendment

(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, legal obligations, employment contracts, financial commitments and liabilities. BEREC should take over the staff of the BEREC Office whose rights and obligations should not be affected,

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

Text proposed by the Commission

Amendment

Article 1

Article 1

Establishment and objectives

Establishment and objectives of BEREC

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

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).

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), and of any other Union act conferring to it tasks and powers.

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

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

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

3.  BEREC shall, as primary objective, contribute to the development and better functioning of the internal market for electronic communications networks and services by ensuring a consistent implementation of the Union regulatory framework for electronic communications within the scope referred to in paragraph 2. BEREC shall, in cooperation with national regulatory authorities ('NRAs'), contribute to the objectives referred to in Article 3 of Directive [...], and in particular shall promote access to, and take-up of, very high capacity data connectivity; competition in the provision of electronic communications networks, services and associated facilities; and the interests of the citizens of the Union.

3 a.  BEREC shall carry out its tasks independently, impartially and transparently. It shall draw upon the expertise available in the NRAs.

3 b.  Each Member State shall ensure that the NRAs have the adequate financial and human resources required to participate in the work of BEREC.

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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).

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).

Text proposed by the Commission

Amendment

Article 2

Article 2

Tasks

Tasks of BEREC

1.  The tasks of BEREC shall be to:

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;

(a)  assist, advise and cooperate with NRAs and the Commission, on request or on its own initiative, on any technical matter within its mandate, and provide opinions or recommendations to the European Parliament, the Council and the Commission on request or on its own initiative on any issue within its competences;

(aa)  promote cooperation between NRAs, and between NRAs and the Commission;

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

(b)  issue decisions:

(b)  issue decisions in accordance with the relevant provisions of the Directive;

-  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;

(c)  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;

(c)  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;

(d)  issue opinions as referred to in the Directive and Regulation (EU) No 531/2012, in particular:

(d)  issue opinions as referred to in the Directive and Regulation (EU) No 531/2012;

-  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:

(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;

-  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;

(ea)  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, the evolution of retail and wholesale charges for roaming services and the transparency and comparability of tariffs, and where necessary make recommendations to the Commission;

(eb)  report on technical matters within BEREC's competence;

2.  BEREC shall also carry out the following tasks:

2.  BEREC shall also carry out other tasks conferred to it by legal acts of the Union, in particular by the Directive, Regulation (EC) No 531/2012 and Regulation (EU) No 2015/2120.

(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:

-  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.

(d)  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;

(e)  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.

2a.  BEREC may, upon a reasoned request from the Commission, decide unanimously to take on other specific tasks necessary for the accomplishment of its role as provided for in Article 1(2).

3.  Without prejudice to compliance with relevant Union law, NRAs shall comply with any decision and take the utmost account of any opinion, guideline, recommendation and best practice adopted by BEREC with the aim of ensuring a consistent implementation of the regulatory framework for electronic communications within the scope referred to in Article 1(2).

3.  Without prejudice to compliance with relevant Union law, NRAs shall comply with any decision and take the utmost account of any opinion, guideline, recommendation and best practice adopted by BEREC with the aim of ensuring a consistent implementation of the regulatory framework for electronic communications within the scope referred to in Article 1(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.

4.  In so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks, BEREC may cooperate with competent Union bodies, agencies, offices and advisory groups, with competent authorities of third countries and/or with international organisations, in accordance to Article 26.

4a.  BEREC may consult relevant stakeholders in the preparation of its decisions, reports or other types of deliverables. Without prejudice to Article 28, the main results of that consultation shall be made public.

4b.   Without prejudice to Article 27, BEREC shall make relevant information related to the result of it work available and easily accessible to the public and interested parties.

Text proposed by the Commission

Amendment

Article 2a

Establishment and tasks of the BEREC Office

1.   The BEREC Office is hereby established as a body of the Union. It shall have legal personality.

2.   In each Member State, the BEREC Office shall enjoy the most extensive legal capacity accorded to legal persons under that Member State’s law. It may in particular acquire and dispose of movable and immovable property and be party to legal proceedings.

3.   The BEREC Office shall be managed by its Director.

4.   Under the guidance of the Board of Regulators, the BEREC Office shall, in particular:

(a)  provide professional and administrative support services to BEREC;

(b)  collect information from the NRAs and exchange and transmit information in relation to the role and tasks set out in Articles 2 and 5;

(c)  disseminate regulatory best practices among the NRAs in accordance with Article 2;

(d)  assist the Chair in the preparation of the work of the Board of Regulators;

(e)  provide support to ensure the smooth functioning of working groups.

Text proposed by the Commission

Amendment

A.  Organisation of BEREC

Text proposed by the Commission

Amendment

Administrative and Management Structure

Organisation of BEREC

Text proposed by the Commission

Amendment

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

1.  The organisational structure of BEREC shall comprise:

Text proposed by the Commission

Amendment

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

-  a Board of Regulators;

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

-  a Board of Appeal.

deleted

Text proposed by the Commission

Amendment

management board

BOARD OF REGULATORS

Text proposed by the Commission

Amendment

Article 4

Article 4

Composition of the Management Board

Composition of the Board of Regulators

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.

1.  The Board of Regulators shall be composed of one representative from each Member State, with voting rights, and one representative of the Commission, without voting rights. Each NRA shall be responsible for nominating its representative amongst the Head or members of the collegiate body of the NRA with primary responsibility for overseeing the day-to-day operation of the markets for electronic communications networks and services.

In Member States where more than one NRA is responsible under the Directive, those authorities shall agree on a common representative and the necessary coordination between the NRAs shall be ensured.

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.

2.  Each member of the Board of Regulators shall have an alternate. The alternate shall represent the member in his/her absence. Each NRA shall be responsible for nominating an alternate of an appropriate high-level.

3.  Members of the 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.

3.  Members of the Board of Regulators and their alternates shall be appointed in light of their knowledge in the field of electronic communications, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Board of Regulators shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board's work. All parties shall aim to achieve a balanced representation between men and women on the Board of Regulators.

3a.  Members of the Board of Regulators and their alternates shall neither seek nor take instructions from any government, institution, person or body.

3b.  The Board of Regulators may invite high-level representatives of the EFTA surveillance authority and of regulatory authorities of third countries, and any other person whose opinion may be of interest, to attend its meetings with an observer status, on a permanent or ad-hoc basis.

4.  The term of office for members and their alternates shall be four years. That term shall be extendable.

Text proposed by the Commission

Amendment

Functions of the Management Board

Tasks of the Board of Regulators

Text proposed by the Commission

Amendment

-1.  The Board of Regulators shall fulfil the tasks of BEREC set out in Article 2 and take all decisions relating to the performance of its functions.

Text proposed by the Commission

Amendment

1.  The Management Board shall:

1.  The Board of Regulators shall:

Text proposed by the Commission

Amendment

(b)  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;

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Text proposed by the Commission

Amendment

(c)  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;

(c)  adopt and proceed with an assessment of the consolidated annual activity report on BEREC’s activities and send both the report and its assessment, by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors. The annual report on BEREC's activities shall be presented to the Parliament and Council by the Director during a public session. The consolidated annual activity report shall be made public;

Text proposed by the Commission

Amendment

(d)  adopt the financial rules applicable to BEREC in accordance with Article 20;

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Text proposed by the Commission

Amendment

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

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Text proposed by the Commission

Amendment

(f)  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’);

deleted

Text proposed by the Commission

Amendment

(g)  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;

deleted

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

(i)  adopt its rules of procedure;

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

Text proposed by the Commission

Amendment

(j)  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’);

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³⁷ 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).

Text proposed by the Commission

Amendment

(k)  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;

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Text proposed by the Commission

Amendment

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

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Text proposed by the Commission

Amendment

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

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Text proposed by the Commission

Amendment

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

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Text proposed by the Commission

Amendment

(p)  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.

deleted

Text proposed by the Commission

Amendment

1a.  The Board of Regulators shall, on behalf of BEREC, adopt the special provisions on the right of access to documents held by BEREC, in accordance with Article 27.

Text proposed by the Commission

Amendment

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.

deleted

Text proposed by the Commission

Amendment

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.

deleted

Text proposed by the Commission

Amendment

Article 6

Article 6

Chairperson and Deputy Chairperson of the Management Board

Chairperson and Deputy Chairperson of the Board of Regulators

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.

1.  The Board of Regulators shall elect a Chairperson and a Deputy Chairperson from among members with voting rights representing Member States.

2.  The Deputy Chairperson shall automatically replace the Chairperson if he/she is prevented from attending to his/her duties.

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.

3.  The term of office of the Chairperson shall be four years, and the term of office of the Deputy Chairperson shall be two years. Their term of office may be renewed once.

3a.  To ensure continuity of the work of the Board of Regulators, the elected Chairperson shall have served at least one year as Deputy Chairperson before his or her election, whenever possible.

3b.  Without prejudice to the role of the Board of Regulators in relation to their tasks, the Chairperson and the Deputy Chairperson shall be independent in the performance of their duties and shall neither seek nor take instructions from any government, NRA, institution, person or body

3c.  The Chairperson or Deputy Chairperson shall report to the European Parliament on the performance of their duties and the performance of BEREC when invited to do so. The Council may invite the Chairperson or Deputy Chairperson to report on the performance of their duties and the performance of BEREC.

Text proposed by the Commission

Amendment

Meetings of the Management Board

Plenary meetings and voting rules of the Board of Regulators

Text proposed by the Commission

Amendment

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

1.  Plenary meetings of the Board of Regulators shall be convened by its Chairperson and shall occur at least four times a year in ordinary session. Extraordinary meetings shall also be convened at the initiative of the Chairperson, at the request of the Commission or at the request of at least one third of the Board's members. The agenda of the meeting shall be set by the Chairperson and shall be made public.

Text proposed by the Commission

Amendment

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

2.  The Director of the BEREC Office shall participate, without having the right to vote, in the plenary meetings of the Board of Regulators.

Text proposed by the Commission

Amendment

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.

deleted

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

4a.  Where appropriate to safeguard the independence of BEREC or to avoid the conflict of interest, the Chairperson and the Deputy Chairperson may indicate point(s) on the agenda where the observers shall not participate in the plenary meeting.

Text proposed by the Commission

Amendment

4b.  The Board of Regulators shall act by a two-thirds majority of all its members unless otherwise provided for in this Regulation, in the Directive or in other legal acts of the Union. Each member or alternate member shall have one vote. The decisions of the Board of Regulators shall be made public, and shall indicate the reservations of an NRA at its request.

Text proposed by the Commission

Amendment

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.

deleted

Text proposed by the Commission

Amendment

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

6.  The BEREC Office shall provide the secretariat for the Board of Regulators.

Text proposed by the Commission

Amendment

Article 8

deleted

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.

Text proposed by the Commission

Amendment

[...]

deleted

Text proposed by the Commission

Amendment

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

1.  Where justified and in particular to implement the annual work programme of BEREC and to develop the initial drafts of BEREC documents, the Board of Regulators may set up the necessary working groups.

Text proposed by the Commission

Amendment

The Management Board shall appoint the members of the working groups, which may be participated in by experts from the NRAs, the Commission, BEREC staff and the NRAs of third countries participating in the work of BEREC.

The Board of Regulators shall appoint the members of the working groups, which may be participated in by experts from the NRAs, the Commission, the BEREC Office and the NRAs of third countries participating in the work of BEREC.

Text proposed by the Commission

Amendment

Where appropriate to safeguard the independence of BEREC or to avoid the conflict of interest, the Chairperson or Deputy Chairperson may indicate point(s) on the agenda where the experts from the Commission or from the NRAs of third countries shall not participate in the meeting of the working group.

Text proposed by the Commission

Amendment

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.

deleted

Text proposed by the Commission

Amendment

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.

deleted

Text proposed by the Commission

Amendment

The Management Board may invite individual experts recognised as competent in the relevant field to participate in the working groups if necessary on a case-by-case basis.

The Board of Regulators may invite individual experts recognised as competent in the relevant field to participate in the working groups if necessary on a case-by-case basis.

Text proposed by the Commission

Amendment

The Board of Regulators shall appoint a Chair or Co-Chairs from among the members of the working groups.

Text proposed by the Commission

Amendment

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.

deleted

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

5.  BEREC shall provide support to the working groups.

5.  The BEREC Office shall provide support to the working groups. A member of staff of the BEREC Office shall assist the Chair or Deputy Chair and shall provide other professional and administrative support services to the working groups.

Text proposed by the Commission

Amendment

[...]

deleted

Text proposed by the Commission

Amendment

B.  Organisation of the BEREC Office

Text proposed by the Commission

Amendment

Article 14a

Administrative and Management Structure

The administrative and management structure of the BEREC Office shall comprise:

(a)   a Management Board, who shall exercise the functions set out in Article 14c;

(b)   a Director, who shall exercise the responsibilities set out in Article 14d;

Text proposed by the Commission

Amendment

SECTION 4a - MANAGEMENT BOARD

Text proposed by the Commission

Amendment

Article 14b

Composition of the Management Board

1.   The Management Board shall be composed of one representative from each Member State with voting rights and one representative of the Commission with voting rights. Each NRA shall be responsible for nominating its respective representative amongst the head or other high-level representative 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 or 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 the turnover of their representatives, in order to ensure continuity of the Management Board's work. All parties shall aim to achieve a balanced representation between men and women on the Management Board.

Text proposed by the Commission

Amendment

Article 14c

Functions of the Management Board

1.   The Management Board shall:

(a)   adopt, as part of the single programming document, the annual work programme of the BEREC Office;

(b)   provide guidance to the Director in the execution of his or her tasks;

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

(d)   adopt the financial rules applicable to BEREC in accordance with Article 20;

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

(f)   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);

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

(h)   adopt its rules of procedure;

(i)   in accordance with paragraph 2, exercise, with respect to the staff of the BEREC Office, 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 Employment (the appointing authority powers);

(j)   adopt implementing rules in order to give effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations;

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

(l)   appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of other servants, is totally independent in the performance of his or her duties and who may be the Commission's Accounting Officer;

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

Articles 6 and 7 shall apply mutatis mutandis.

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 Director and defining the conditions under which this delegation of powers can be suspended. The 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 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 Director.

Text proposed by the Commission

Amendment

SECTION 4b - DIRECTOR

Text proposed by the Commission

Amendment

Article 14d

Responsibilities of the Director

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

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

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

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

5.  The Director shall be responsible for the implementation of the BEREC Office's tasks following the guidance provided by the Management Board. In particular, the Director shall be responsible for:

(a)  the day-to-day administration of the BEREC Office;

(aa)  assisting with the preparation of the agenda of the Board of Regulators, the Management Board and the working groups;

(b)  implementing decisions adopted by the Board of Regulators and the Management Board;

(c)  preparing the single programming document and submitting it to the Board of Regulators;

(d)  under the guidance of the Board of Regulators, contributing to the implementation of the single programming document, in particular the annual work programme of the BEREC Office; reporting to the Board of Regulators on its implementation;

(e)  under the guidance of the Board of Regulators, preparing the consolidated annual report on BEREC´s activities and presenting it to the Board of Regulators for assessment and adoption;

(f)  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;

(g)   protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, by carrying out effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative measures, including financial penalties;

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

(i)  preparing draft financial rules applicable to the BEREC Office;

(j)  preparing the BEREC Office's draft statement of estimates of revenue and expenditure and implementing its budget.

6.  The Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the BEREC Office's tasks in an efficient and effective manner to locate one or more staff in one or more Member States. The Director shall request the prior consent of the Commission, the Management Board and the Member State(s) concerned before establishing such a local office. 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 the BEREC Office.

Text proposed by the Commission

Amendment

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 .

Each year, the 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 .

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³⁸ Commission Communication on the guidelines for programming document for decentralised agencies and the template for the Consolidated Annual Activity Report for decentralised agencies (C(2014) 9641).

³⁸ Commission Communication on the guidelines for programming document for decentralised agencies and the template for the Consolidated Annual Activity Report for decentralised agencies (C(2014) 9641).

Text proposed by the Commission

Amendment

By 31 January, the Management Board shall adopt the draft single programming document and forward it to the Commission for it to provide its opinion. The draft single programming document shall also be forwarded to the European Parliament and the Council.

By 31 January, the Board of Regulators shall adopt the draft single programming document and forward it to the Commission for it to provide its opinion. The draft single programming document shall also be forwarded to the European Parliament and the Council.

Text proposed by the Commission

Amendment

The Management Board shall subsequently adopt the single programming document taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission, as well as any later updated version of that document.

The Board of Regulators shall subsequently adopt the single programming document taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission, as well as any later updated version of that document.

Text proposed by the Commission

Amendment

The Management Board shall amend the adopted annual work programme when a new task is given to BEREC.

The Board of Regulators shall amend the adopted annual work programme when a new task is given to BEREC.

Text proposed by the Commission

Amendment

Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.

Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Board of Regulators may delegate the power to make non-substantial amendments to the annual work programme to the Director.

Text proposed by the Commission

Amendment

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.

1.  Each year, the Director shall draw up a provisional draft estimate of the BEREC Office’s revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board.

Text proposed by the Commission

Amendment

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.

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

Text proposed by the Commission

Amendment

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.

3.  The draft estimate of the BEREC Office's revenue and expenditure shall be sent by the Director to the Commission by 31 January each year. The information contained in the draft estimate of the BEREC Office's revenue and expenditure and in the draft single programming document referred to in Article 15(1) shall be coherent.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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.

8.  The BEREC Office's budget shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the Union. Where necessary, it shall be adjusted accordingly.

Text proposed by the Commission

Amendment

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.

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

Text proposed by the Commission

Amendment

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.

1.  Estimates of all revenue and expenditure for the BEREC Office shall be prepared each financial year, corresponding to the calendar year and shall be shown in the BEREC Office’s budget.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

(c)  charges for publications and any other service provided by BEREC;

deleted

Text proposed by the Commission

Amendment

(d)  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.

(d)  any contribution from third countries or the regulatory authorities competent in the field of electronic communications of third countries participating in the work of the BEREC Office, as provided for by Article 26.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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.

1.  By 1 March of the following financial year, the BEREC Office’s accounting officer shall send the provisional accounts to the Commission’s Accounting Officer and to the Court of Auditors.

Text proposed by the Commission

Amendment

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.

2.  By 31 March of the following financial year, the BEREC Office shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors.

Text proposed by the Commission

Amendment

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.

3.  On receipt of the Court of Auditors’ observations on the BEREC Office’s provisional accounts, the BEREC Office’s accounting officer shall draw up the BEREC Office’s final accounts under his/her own responsibility. The Director shall submit the final accounts to the Management Board for an opinion.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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.

5.  The 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.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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.

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

Text proposed by the Commission

Amendment

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 Regulation³⁹ .

8.  The Director shall submit to the European Parliament, at the latter’s request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 165(3) of Financial Regulation³⁹ .

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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).

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).

Text proposed by the Commission

Amendment

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.

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 Director in respect of the implementation of the budget for year N.

Text proposed by the Commission

Amendment

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.

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

Text proposed by the Commission

Amendment

The Staff Regulations and the Conditions of Employment of Other Servants and the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and the Conditions of Employment of Other Servants shall apply to the staff of BEREC.

The Staff Regulations and the Conditions of Employment of Other Servants and the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and the Conditions of Employment of Other Servants shall apply to the staff of the BEREC Office.

Text proposed by the Commission

Amendment

Article 22

Article 22

Appointment of Executive Director

Appointment of the 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.

1.  The Director shall be engaged as a temporary agent of the BEREC Office 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.

2.  The Management Board shall appoint the Director following an open and transparent selection procedure.

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

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

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

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

3.  The term of office of the 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.

3.  The term of office of the Director shall be three years. By the end of that period, the Management Board shall undertake an assessment that takes into account an evaluation of the Director's performance and BEREC's future tasks and challenges.

4.  The Management Board, 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.

4.  The Management Board, taking into account the assessment referred to in paragraph 3, may extend the term of office of the Director once, for no more than three years.

5.  The Management Board shall inform the European Parliament if it intends to extend the 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.

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

6.  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.

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

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

7.  The Director may be removed from office only upon a decision of the Management Board.

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

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

Text proposed by the Commission

Amendment

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.

1.  The BEREC Office may make use of seconded national experts or other staff not employed by the BEREC Office. The Staff Regulations and the Conditions of Employment of Other Servants shall not apply to such staff.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

Article 24

deleted

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.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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.

deleted

Text proposed by the Commission

Amendment

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.

3.  As part of the single programming document, the Board of Regulators shall adopt a strategy for relations with competent Union bodies, agencies, offices and advisory groups, with competent authorities of third countries and/or with international organisations concerning matters for which BEREC is competent. The Commission and the BEREC shall conclude an appropriate working arrangement aiming at ensuring that BEREC operates within its mandate and the existing institutional framework.

Text proposed by the Commission

Amendment

Transparency and communication

Access to documents, transparency and communication

Text proposed by the Commission

Amendment

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.

1.  Regulation (EC) No 1049/2001 of the European Parliament and of the Council⁴⁰ shall apply to documents held by BEREC and the BEREC Office. The Board of Regulators and the Management Board shall, by ... [please insert the date: ... months after the date of the application of this Regulation], adopt the detailed rules for applying Regulation (EC) No 1049/2001.

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⁴⁰ 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).

⁴⁰ 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).

Text proposed by the Commission

Amendment

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 (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.

2.  The processing of personal data by BEREC and the BEREC Office shall be subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council⁴¹.

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⁴¹ 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).

⁴¹ 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).

Text proposed by the Commission

Amendment

2 a.  BEREC and the BEREC Office shall carry out their activities with a high level of transparency. BEREC and the BEREC Office shall ensure that the public and any interested parties are given objective, reliable and easily accessible information, in particular in relation to the results of their work.

Text proposed by the Commission

Amendment

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.

3.  BEREC and the BEREC Office may engage in communication activities on its own initiative within its field of competence. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks referred to in Article 2(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.

Text proposed by the Commission

Amendment

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.

1.  Without prejudice to Article 27(1), the BEREC Office shall not disclose to third parties information that it processes or receives in relation to which a reasoned request for confidential treatment, in whole or in part, has been made.

Text proposed by the Commission

Amendment

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.

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

Text proposed by the Commission

Amendment

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.

The BEREC Office 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, the BEREC Office may adopt a decision to apply the Commission’s rules on a mutatis mutandis basis.

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⁴² Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

⁴² Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

⁴³ 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).

⁴³ 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).

Text proposed by the Commission

Amendment

Upon a duly justified request from BEREC, the Commission and the NRAs shall provide BEREC with all the necessary information, in a timely and accurate manner, to carry out its tasks, provided that they have legal access to the relevant information and that the request for information is necessary in relation to the nature of the task in question.

Upon a duly justified request from BEREC or the BEREC Office, the Commission and the NRAs shall provide BEREC or the BEREC Office with all the necessary information, in a timely and accurate manner, to carry out its tasks, provided that they have legal access to the relevant information and that the request for information is necessary in relation to the nature of the task in question.

Text proposed by the Commission

Amendment

BEREC may also request the NRAs information to be provided at recurring intervals and in specified formats. Such requests shall, where possible, be made using common reporting formats.

BEREC or the BEREC Office may also request the NRAs information to be provided at recurring intervals and in specified formats. Such requests shall, where possible, be made using common reporting formats.

Text proposed by the Commission

Amendment

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.

2.  Upon a duly justified request from the Commission or an NRA, BEREC or the BEREC Office shall provide in a timely and accurate manner any information that is necessary to enable the Commission or the NRA to carry out its tasks, based on the principle of sincere cooperation.

Text proposed by the Commission

Amendment

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.

3.  Before requesting information in accordance with this article and in order to avoid the duplication of reporting obligations, BEREC or the BEREC Office shall take account of any relevant existing information publicly available.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

Members of the Management Board, the Executive Director, seconded national experts and other staff not employed by BEREC shall each make a declaration indicating their commitment and the absence or presence of any direct or indirect interest which might be considered prejudicial to their independence.

Members of the Board of Regulators and of the Management Board, the Director, seconded national experts and other staff not employed by the BEREC Office shall each make a declaration indicating their commitment and the absence or presence of any direct or indirect interest which might be considered prejudicial to their independence.

Text proposed by the Commission

Amendment

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.

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 Director shall be made public.

Text proposed by the Commission

Amendment

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.

2.  Members of the Management Board, the Director, seconded national experts, other staff not employed by the BEREC Office and experts participating in working groups shall each accurately and completely declare, at the latest at the start of each meeting, any interest which might be considered prejudicial to their independence in relation to the items on the agenda, and shall abstain from participating in the discussion of and voting upon such points.

Text proposed by the Commission

Amendment

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.

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 , by ... [please insert date: ... months after the entry into force of this Regulation], the BEREC Office shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the OLAF and adopt appropriate provisions applicable to all employees of the BEREC Office using the template set out in the Annex to that Agreement.

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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).

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).

Text proposed by the Commission

Amendment

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.

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 the BEREC Office.

Text proposed by the Commission

Amendment

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 .

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 the BEREC Office, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 and Council Regulation (Euratom, EC) No 2185/96⁴⁵ .

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⁴⁵ 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).

⁴⁵ 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).

Text proposed by the Commission

Amendment

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.

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 the BEREC Office shall contain provisions expressly empowering the European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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.

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 the BEREC Office.

Text proposed by the Commission

Amendment

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.

3.  In the case of non-contractual liability, the BEREC Office shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

Text proposed by the Commission

Amendment

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.

5.  The personal liability of its staff towards the BEREC Office shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment applicable to them.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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

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

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⁴⁶ Council Regulation No 1 determining the languages to be used by the European Economic Community (OJ L 17, 6.10.1958, p. 385).

⁴⁶ Council Regulation No 1 determining the languages to be used by the European Economic Community (OJ L 17, 6.10.1958, p. 385).

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

Article 36

deleted

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.

Text proposed by the Commission

Amendment

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.

1.  The necessary arrangements concerning the accommodation to be provided for the BEREC Office in the host Member State and the facilities to be made available by that Member State as well as the specific rules applicable in the host Member State to the Director, members of the Management Board, the BEREC Office staff and members of their families shall be laid down in a Headquarters Agreement between the BEREC Office and the Member State where the seat is located, concluded after obtaining the approval of the Management Board and no later than two years after the entry into force of this regulation.

Text proposed by the Commission

Amendment

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.

2.  The BEREC Office’s host Member State shall provide the necessary conditions to ensure the smooth and efficient functioning of the BEREC Office, including multilingual, European-oriented schooling and appropriate transport connections.

Text proposed by the Commission

Amendment

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.

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 the performance of BEREC and the BEREC Office 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 BEREC Office, and the financial implications of any such modification.

Text proposed by the Commission

Amendment

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.

2.  Where the Commission considers that the continuation of BEREC and the BEREC Office is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this regulation be amended accordingly or repealed.

Text proposed by the Commission

Amendment

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.

Without prejudice to paragraph 2, the BEREC Office 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.

Text proposed by the Commission

Amendment

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.

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 the BEREC Office.

Text proposed by the Commission

Amendment

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.

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

Text proposed by the Commission

Amendment

As interim Executive Director, he/she shall exercise the appointing authority powers. He/she may authorise all payments covered by appropriations entered in BEREC’s budget after approval by the Management Board and may conclude contracts, including staff contracts, following the adoption of BEREC’s establishment plan.

As interim Director, he/she shall exercise the appointing authority powers. He/she may authorise all payments covered by appropriations entered in the BEREC Office’s budget after approval by the Management Board and may conclude contracts, including staff contracts, following the adoption of BEREC’s establishment plan.

Text proposed by the Commission

Amendment

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.

The contract of employment of the Administrative Manager appointed on the basis of Regulation (EC) No 1211/2009 shall be terminated at the end of his/her term of office or the day when the Director takes up his/her duties following his/her appointment by the Management Board in accordance with Article 22.

Text proposed by the Commission

Amendment

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.

deleted

Text proposed by the Commission

Amendment

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

References to Regulation (EC) No 1211/2009 shall be construed as references to this Regulation.

Text proposed by the Commission

Amendment

(7)  BEREC and the BEREC Office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications. Notwithstanding, there are still significant disparities between Member States as regards regulatory practice. Moreover, the governance structure of BEREC and the BEREC Office is cumbersome and gives rise to unnecessary administrative burden. In order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the Union as well as to the promotion of access to, and take-up of, very high capacity data connectivity, competition in the provision of electronic communications networks, services and associated facilities and the interests of the citizens of the Union, this regulation aims to strengthen the role of BEREC and enhance its governance structure by establishing BEREC as a Union decentralised agency. This also corresponds to the need to reflect the significantly enhanced role played by BEREC following Regulation (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.

(7)  BEREC and the BEREC Office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications. Nonetheless, 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 burdens. In order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the Union as well as to the promotion of access to, and take-up of, very high capacity data connectivity, of competition in the provision of electronic communications networks, services and associated facilities and of 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 under 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 in several areas, 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.

Text proposed by the Commission

Amendment

(7a)  The implementation of the regulatory framework for electronic communications, together with the advances in communication technology and in software, have led to leaps forward in the way that culture and cultural content are distributed and accessed by European citizens. However, the uneven coverage of infrastructure and lock-in effects have also brought deep digital divides. To bridge those divides and prevent the emergence of new ones, in particular in relation to cultural diversity and multilingualism, BEREC, by using appropriate tools for the scale of the issues, is one of the institutions that need to factor in the broader cultural and social impact when issuing guidelines, opinions and other types of texts.

Text proposed by the Commission

Amendment

(10a)  BEREC should carry out the tasks assigned to it with due regard for Article 167 of the Treaty on the Functioning of the European Union, for the general objectives of promoting cultural and linguistic diversity and media pluralism set out in Article 3(1) of the Directive, as well as for the objectives established in the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005.

Text proposed by the Commission

Amendment

(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 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.

(11)  In order to ensure policy coherence and consistency and to perform its tasks effectively and with due consideration for broader Union policy objectives, BEREC should be allowed to cooperate with, and without prejudice to the role of, other Union bodies, agencies, offices and advisory groups, in particular the Radio Spectrum Policy Group²⁹ , the European Data Protection Board³⁰ , the European Regulators Group for Audiovisual Media Services³¹ and the European Union Agency for Network and Information Security³² ; as well as with existing committees (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.

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²⁹ Decision 2002/622/EC establishing a Radio Spectrum Policy Group (OJ L 198, 27.7.2002, p. 49).

²⁹ Decision 2002/622/EC establishing a Radio Spectrum Policy Group (OJ L 198, 27.7.2002, p. 49).

³⁰ 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).

³⁰ 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).

³¹ Directive [...].

³¹ Directive [...].

³² 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).

³² 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).

Text proposed by the Commission

Amendment

(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.

(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 the representative of the Commission, of the Head, or otherwise a member of the collegiate body, of each NRA, who are protected by dismissal requirements.

Text proposed by the Commission

Amendment

(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.

(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 rigorous evaluation of the candidates and a high level of independence. Before appointment, the candidate selected by the Management Board should be invited to appear before the competent committees of the European Parliament so that they may give their consent. Moreover, in the past the term of office of the Administrative Manager of the BEREC Office was three years. It is necessary that the Executive Director has a sufficiently long mandate in order to ensure stability and delivery of a long-term strategy for the agency.

Text proposed by the Commission

Amendment

(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 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.

(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. The composition of the working groups should properly reflect the different policy interests at stake and have due regard for the general objectives of promoting cultural and linguistic diversity and media pluralism set out in Article 3(1) of the Directive. 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 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.

Text proposed by the Commission

Amendment

(17a)  In order to ensure that BEREC takes full account of the whole spectrum of policy interests and understands the possible impact of its measures, the Agency should actively engage with stakeholders through tools such as regular stakeholder consultations forums. BEREC's working groups should also engage actively with stakeholders from outside the regulatory community and covering as broad a range of interests as possible.

Text proposed by the Commission

Amendment

(25)  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.

(25)  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 provide timely and accurate 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.

Text proposed by the Commission

Amendment

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).

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) and any other Union act setting new tasks and powers for it.

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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).

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).

Text proposed by the Commission

Amendment

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.

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 also cooperate with the NRAs to ensure a consistent regulatory approach to the implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2, and with regard to the objectives set out in paragraph 1, and thereby contribute to the development of the harmonised internal market. It shall also promote non-discriminatory treatment of traffic in the provision of internet access services: open internet access; 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.

Text proposed by the Commission

Amendment

3a.  BEREC shall carry out its tasks independently, impartially and transparently and shall draw upon the expertise available in the NRAs. Each Member State shall ensure that the NRAs have the adequate financial and human resources required to participate in the work of BEREC.

Text proposed by the Commission

Amendment

(aa)  advise the European Parliament, the Council and the Commission, on request or on its own initiative, on the outcome of its technical analysis of the regulatory impact of any matter regarding the dynamics of the market development on the electronic communications framework;

Text proposed by the Commission

Amendment

(ab)  assist, on request, the NRAs, the European Parliament, the Council and the Commission, with regard to their relationship, discussions and exchanges with third parties, and assist the NRAs and the Commission in the dissemination of regulatory best practices to third parties;

Text proposed by the Commission

Amendment

(ac)  promote cooperation among the NRAs, and between the NRAs and the Commission;

Text proposed by the Commission

Amendment

(ad)  issue recommendations and disseminate regulatory best practices addressed to the NRAs in order to encourage consistent implementation of the regulatory framework for electronic communications;

Text proposed by the Commission

Amendment

(ae)  report on the European electronic communications sector by means of the publication of an annual report on developments in that European sector;

Text proposed by the Commission

Amendment

(af)  assist the Commission, where relevant, as a consultative technical expert body in relation to the preparation and adoption of legal acts in the field of electronic communications;

Text proposed by the Commission

Amendment

(ag)  carry out tasks conferred on it by legal acts of the Union in particular by Directive [...]('Electronic Communications Code'), Regulation (EC) No 531/2012 and Regulation (EU) No 2015/2120.

Text proposed by the Commission

Amendment

(c)  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;

(c)  develop in very close cooperation with other NRAs 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

Text proposed by the Commission

Amendment

(d)  issue opinions as referred to in the Directive and Regulation (EU) No 531/2012, in particular:

deleted

–  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;

Text proposed by the Commission

Amendment

–  on the consistent implementation of the regulatory framework for electronic communications;

Text proposed by the Commission

Amendment

–  on non-discriminatory treatment of traffic in the provisions of internet access services according to Regulation (EU) No 2015/2120;

Text proposed by the Commission

Amendment

–  on market practices that might lead to a detrimental effect on non-discriminatory internet access, open internet, consumer rights and abusive practices;

Text proposed by the Commission

Amendment

2a.  BEREC may, upon a reasoned request from the Commission, take on other specific tasks necessary for the accomplishment of its role in accordance with Article 1(2).

Text proposed by the Commission

Amendment

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

4.  In so far as is necessary for it to achieve the objectives set out in this regulation and perform its tasks and contribute to broader Union policy objectives, BEREC may consult the NRAs and cooperate with competent Union bodies, agencies, offices and advisory groups, with competent authorities of Member States, third countries and/or with national and international organisations, in accordance with Article 26.

Text proposed by the Commission

Amendment

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

The Management Board shall be composed of one member from each Member State and one representative of the Commission, all with voting rights. Each NRA shall be responsible for nominating its respective representative, who may be either the Head or another high-level representative of the NRA. Third-country regulatory authorities invited by the Management Board shall have observer status.

Text proposed by the Commission

Amendment

3a.  The Chairperson or Deputy Chairperson shall report to the European Parliament on the performance of their duties and the performance of BEREC when invited to do so.

Text proposed by the Commission

Amendment

3.  The Chairperson shall take part in the voting.

3.  The Chairperson shall be entitled to vote.

Text proposed by the Commission

Amendment

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

4.  The Executive Director shall not be entitled to vote.

Text proposed by the Commission

Amendment

Functioning of the working groups

Functioning of the working groups and stakeholder engagement

Text proposed by the Commission

Amendment

The Management Board shall appoint the members of the working groups, which may be participated in by experts from the NRAs, the Commission, BEREC staff and the NRAs of third countries participating in the work of BEREC.

The Management Board shall appoint the members of the working groups, which may comprise experts from the NRAs, the Commission, BEREC staff and the NRAs of third countries participating in the work of BEREC. The composition of the working groups should properly reflect the different policy interests at stake and have due regard for the general objectives of promoting cultural and linguistic diversity and media pluralism set out in Article 3(1) of the Directive.

Text proposed by the Commission

Amendment

5a.  BEREC shall, where necessary and including in the work of its working groups, seek the views of, and involve, relevant stakeholders in its work, for example via consultations or stakeholder forums. In so doing, it shall ensure that stakeholders represent fully the different policy interests at stake. BEREC shall, without prejudice to Article 28, make the results of such consultations publicly available.

Text proposed by the Commission

Amendment

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 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.

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 objection shall not be admissible if, while being aware of a reason for objecting, the party to the appeal proceedings has nonetheless taken a procedural step, such as filing an application or submitting observations, and thus already tacitly assented to the composition of the Board. Any objection based on the nationality of members shall be deemed inadmissible.

Text proposed by the Commission

Amendment

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.

Before appointment, the candidate selected by the Management Board shall be invited to appear before the competent Committees of the European Parliament, so that they may give their consent.

Text proposed by the Commission

Amendment

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.

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 shall be invited to make a statement before the competent committees of the Parliament and to answer questions put by their members.

Text proposed by the Commission

Amendment

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

7.  The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission and after hearing the opinion of the European Parliament

Text proposed by the Commission

Amendment

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.

In so far as is necessary in order to achieve the objectives set out in this regulation, perform its tasks and contribute to broader Union policy objectives, 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.