Regulation (EU) 2018/1971 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office)

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Series Details L 321
Publication Date 17/12/2018
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Summary:

On 14 September 2016 the European Commission presented a proposal on the Body of European Regulators of Electronic Communications (BEREC), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009.

The European Parliament officially adopted its negotiating position in October 2017, and the Council of the European Union approved its stance on 4 December. The two institutions reached an informal agreement on this draft law on 5 June 2018. The new Regulation was adopted on 11 December.

Further information:

This proposed Regulation aims to strengthen the institutional role of BEREC and enhance its governance structure by turning it into an agency in order to make it fit for the purpose of carrying out its future tasks.

It entrusts BEREC with new tasks, including some legally binding powers to make sure that regulatory framework is applied consistently. The proposal also amends the organisation's governance, in which the management board would consist of one representative from each Member State, and two from the EU Commission. Each management board member would have voting rights.

Background:

The Commission showed its intention to propose an overhaul of the regulatory framework for electronic communications in its May 2015 Communication on a Digital Single Market Strategy for Europe. The aim of the overhaul is, inter alia, to ensure a more effective regulatory institutional framework in order to make the telecoms rules fit for purpose as part of the creation of the right conditions for the digital single market.

These include the deployment of very high capacity connectivity networks, more coordinated management of radio spectrum for wireless networks and creating a level playing field for advanced digital networks and innovative services. The Communication pointed out that the changing market and technological environment make it necessary to strengthen the institutional framework by enhancing the role of the Body of European Regulators for Electronic Communications (BEREC).

The updated Regulation was put forward together with a set of other initiatives and legislative proposals on the DSM strategy. In particular, this proposal needs to be read in conjunction with the Proposal for a Directive establishing the European Electronic Communications Code, which entrusts BEREC with additional tasks that will help to ensure that the regulatory framework is implemented consistently.

Source Link Link to Main Source https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.321.01.0001.01.ENG
Related Links
Official
EUR-Lex: COM(2016)591: Proposal for a Regulation establishing the Body of European Regulators for Electronic Communications http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:591:FIN
EUR-Lex: SWD(2016)303: Impact assessment accompanying COM(2016)591 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:303:FIN
EUR-Lex: SWD(2016)304: Executive summary of the impact assessment accompanying COM(2016)591 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:304:FIN
European Parliament: Legislative Observatory: Procedure File: Body of European Regulators for Electronic Communications http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2016/0286(COD)
European Parliament: Legislative Train: Body of European Regulators of Electronic Communications (BEREC) http://www.europarl.europa.eu/legislative-train/theme-connected-digital-single-market/file-jd-berec
Council of the European Union: Press Release, 04/12/2017: Council agrees its position on BEREC http://www.consilium.europa.eu/en/press/press-releases/2017/12/04/body-of-european-regulators-for-electronic-communication-berec-council-agrees-its-position/

News
EurActiv, 04/11/2016: Telecoms regulators fight back against Commission plan for new EU agency http://www.euractiv.com/section/digital/news/telecoms-regulators-fight-back-against-commission-plan-for-new-eu-agency/
EUObserver, 27/04/2017: EU telecom watchdog plan dead on arrival https://euobserver.com/digital/137706

Commentary and Analysis
EPRS: Briefing, January 2017: The European Electronic Communications Code and the Body of European Regulators for Electronic Communication (BEREC) [Initial Appraisal of a European Commission Impact Assessment] http://www.europarl.europa.eu/RegData/etudes/BRIE/2017/593802/EPRS_BRI(2017)593802_EN.pdf
EPRS: Briefing, July 2018: Body of European Regulators for Electronic Communications (BEREC) http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2016)593560

ESO Records
Body of European Regulators for Electronic Communications (BEREC) http://www.europeansources.info/record/body-of-european-regulators-for-electronic-communications-berec/

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