The Body of European Regulators for Electronic Communications (BEREC)
This Regulation is part of the December 2009 “Telecom Package” which amends the directives on electronic communications. It creates the Body of European Regulators for Electronic Communications (BEREC) and its Office. The main objective of this body is to enhance cooperation among national regulatory authorities (NRAs) and to strengthen the internal market in electronic communications networks.
Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (Text with EEA relevance).
This Regulation defines the rules on the establishment and functioning of the Body of European Regulators (BEREC). The main task of BEREC is to advise and assist the European Commission in developing the internal market and to form a link between national regulatory authorities (NRAs) and the Commission. It 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 advise the European Parliament, the Council and the Commission, at their request or on its own initiative.
What is BEREC’s role?
BEREC will contribute to the functioning of the internal market for electronic communications networks and services.
Its objective is to:
- develop and disseminate among NRAs regulatory best practice, such as common approaches, methodologies or guidelines on the implementation of the EU regulatory framework;
- assist NRAs in the regulatory field;
- deliver opinions on draft decisions, recommendations and guidelines;
- issue reports and provide advice on the electronic communications sector;
- assist the European Parliament, the Council and the Commission as well as NRAs in the dissemination of best practices.
How is BEREC to be structured?
BEREC shall be composed of a Board of Regulators, whose members shall be heads or representatives of the NRAs established in each Member State with primary responsibility for overseeing the day-to-day operation of the markets for electronic communications networks and services. The main responsibility of the Board shall be to take all decisions relating to the performance of BEREC’s functions and to exercise BEREC’s tasks which include:
- publishing opinions on draft measures of NRAs concerning market definition, the designation of undertakings with significant market power and the imposition of remedies as well as cooperation and collaboration with NRAs in this context;
- consultation on draft recommendations on relevant product and service markets;
- publishing opinions on draft decisions on the identification of transnational markets and on the development of common rules and requirements for providers of cross-border business services;
- consultation on draft measures relating to effective access to the emergency call number 112, and the effective implementation of the 116 numbering range;
- monitoring and reporting on the electronic communications sector, and publishing an annual report on developments in that sector.
BEREC will be assisted by the Office which comprises a Management Committee and an Administrative Manager. The Office Management Committee shall be composed of members of the Board of Regulators and a member representing the Commission. Under the supervision of the Management Committee, the Administrative Manager shall be responsible for heading the Office.
The main tasks of the Office shall be to:
- provide professional and administrative support services to BEREC;
- collect information from NRAs;
- disseminate among NRAs regulatory best practice.
What financial provisions apply to BEREC?
BEREC’s resources will mainly consist of:
- a subsidy from the European Union;
- voluntary contributions from Member States or NRAs.
The budget shall be established by the Administrative Manager and drawn up by the Management Committee. It shall become final after the adoption of the general budget of the European Union.
BEREC may be subject to a financial audit as part of internal controls.
Decision 2002/627/EC established the European Regulators Group (ERG) for Electronic Communications Networks and Services. The role of the ERG should however be strengthened. For this reason BEREC has been created to replace the ERG and to act as an exclusive forum for cooperation among NRAs and the Commission.
|Act||Entry into force||Deadline for transposition||Official Journal|
Regulation (EC) n° 1211/2009
OJ L 337 of 18.12.2009