Roles and Functions of
John Doherty, ComReg
Co-operation among regulators
• IRG – established 1997
• ERG – established 2002
• Madeira declaration 2006
• IRG asbl incorporated 2008
• BEREC –established 28 January 2010
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
Cooperation and assistance to NRAs
Cross-border dispute resolution
Information gathering and reporting
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
Form of notification, contents and level of detail;
Relevant product and service markets;
Identification of transnational markets;
Opinions on draft decisions/recommendations on harmonisation
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
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
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
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
NRAs/ERG –working closely with Commission on transition and
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
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