Roles and Functions 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