The Creation and Purpose of BEREC John Doherty, ComReg Chair BEREC
Co-operation among regulators Milestones IRG established 1997 ERG established 2002 Madeira declaration 2006 IRG asbl incorporated 2008 BEREC established 28 January 2010-1-
Creation of BEREC Commission proposals Nov 2007 - Market Authority incorporating activities of ENISA Various models during legislative process BERT GERT BEREC Agreement on final elements of package reached 24 November. Publication Official Journal 18 December Inaugural meeting to establish BEREC held on- 28 Jan Transposition of package due 26 May 2011
Role and tasks of BEREC Set out in Art 2 and 3 and in the Directives Nature of tasks Advisory vis-à-vis the Commission Article 7/7a Harmonisation Cooperation and assistance to NRAs Cross-border dispute resolution Information gathering and reporting Numbering Some have immediate impact but significant new tasks depend on national transposition
Advisory tasks vis-à-vis the Commission Art 3- BEREC shall deliver opinions on documents, including draft Commission Recommendations/Guidelines on; Form of notification, contents and level of detail; Relevant product and service markets; Identification of transnational markets; Opinions on draft decisions/recommendations on harmonisation Exceptional measures Access to 112 Implementation of 116 Annex 11 of the Access Directive -LLU
Advisory tasks vis-à-vis the Commission-2 Previous tasks have Immediate effect Not dependant on or limited by national transposition BEREC actions under any of these headings require the Commission to initiate the process. Some of these tasks are not new they are areas which ERG would have had an opinion in any event. However opinions will now have a greater impact the Commission and NRAs are is required to take the utmost account of BEREC opinions (and also recommendations, guidelines, advice or regulatory best practice)
Article 7/7a Art 3.1.a Opinions on draft measures of NRAs concerning market definition, designation of undertakings with significant market power and imposition of remedies, and to cooperate and work together with the NRAs This task does not become operative until the date for transposition of the Directives May 2011 The modified Article 7 and the new Article 7a impose new obligations on the NRAs and will therefore require transposition into national law. During the 18 month transposition period, the existing practice of IRG expert teams considering the Commission s serious doubts letter will continue.
Harmonisation Art 3.1.m Opinions aiming to ensure the development of common rules and requirements for providers of cross-border business services;. Art 2.a Development and dissemination among NRAs of regulatory best practice such as common approaches, methodologies or guidelines on the implementation of the EU regulatory framework. Both tasks are now operative
Interacting with Institutions ERG s role was strictly as advisory to the Commission. ERG s views were sought on occasion by the Parliament and the Council. The BEREC Regulation explicitly provides for BEREC to provide advice to the Parliament and Council Either as a result of a reasoned request or on BEREC s own initiative
Transition NRAs/ERG working closely with Commission on transition and milestones Range of institutional issues considered and agreed rules of procedure, staffing requirement of Office, etc. Commission will decide on timing of formal disbandment of ERG BEREC Work Programme for 2010 has just completed consultation- Adoption planned for May.
Time table for next steps Jan 28-Inaugral meeting, RoP adopted, Chair and Vice Chairs elected Feb10- Consultation on WP launched- Adopted [5/10] Mar 10- Vacancy for Office Administrative Manager and Finance Manager advertised; expected to be in place by Q4 2010- further 2/3 positions likely to be in place by y/e March-Preliminary budget adopted May-Location of Office to be decided by Council? May/June-First BEREC opinion? May 2011- Transposition
Conclusions Welcome adoption of package Support the two tiered approach to BEREC Welcome measures aimed at greater harmonisation Staffing Office and decision on location needed Timely national transposition is key to ensuring that full elements of package can operate from May 2011 From ERG to BEREC- Not only organisational issues-busy work programme