BEREC was established in January 2010 to replace the ERG and facilitate greater cooperation among EU telecom regulators, with key roles including providing opinions to the European Commission, promoting regulatory harmonization, and assisting national regulators in areas such as cross-border disputes. BEREC will work to establish its office and see full implementation of its advisory and coordination functions upon completion of member state transposition of new EU telecom rules by May 2011.

1. Roles and Functions of
BEREC
John Doherty, ComReg
Chair BEREC

2. Co-operation among regulators
• Milestones
• IRG – established 1997
• ERG – established 2002
• Madeira declaration 2006
• IRG asbl incorporated 2008
• BEREC –established 28 January 2010
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3. 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

4. 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

5. 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

6. 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)

7. 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.

8. 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

9. 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

10. 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.

11. 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

12. 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