BETA

23 Amendments of Evžen TOŠENOVSKÝ related to 2016/0286(COD)

Evžen TOŠENOVSKÝ

Proposal for a regulation
Recital 4 a (new)

(4a) By Decision 2010/349/EU1, the Representatives of the Governments of the Member States decided that the BEREC Office would have its headquarters in Riga. The Seat Agreement between the Government of the Republic of Latvia and the BEREC Office was signed on 24 February 2011 and entered into force on 5 August 2011. For the purpose of carrying out the BEREC Office's tasks in an efficient and cost-effective manner, it could be necessary to locate a staff member(s) in another Member State. Experience has shown that in this regard in particular there is a need for one or more liaison officers located in Brussels. _________________ (1) Decision taken by common accord between the Representatives of the Governments of the Member States of 31 May 2010 on the location of the seat of the Office of the Body of European Regulators for Electronic Communications (BEREC) (2010/349/EU) (OJ L 156, 23.6.2010, p.12).

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

(16) The role of the ~~Executive~~ Director, who would be the legal representative of the BEREC Office, is crucial for the adequate functioning of the ~~new~~ agency and the implementation of the tasks assigned to it. The Management Board should appoint him/her ~~on the basis of a list drawn up by the Commission~~ following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence. Moreover, in the past the term of office of the Administrative Manager of the BEREC Office was three years. It is necessary that the ~~Executive~~ Director has a sufficiently long mandate in order to ensure stability and delivery of a long-term strategy for the ~~agency~~BEREC Office.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Recital 17

(17) Experience has shown that most of BEREC’'s tasks are better carried out through wExpert Working gGroups, therefore the ~~Management Board~~Board of Regulators should be in charge of setting up wWorking gGroups and appointing their ~~members. In order to ensure a balanced approach, the working groups should be coordinated and moderated by members of the BEREC staff~~Co-Chairs. Lists of qualified experts should be prepared in advance to ensure a quick set-up of certain wWorking gGroups, in particular those related to ~~internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum, due to the time limits of those procedures~~procedures with time limits. Any conflict of interests of the members of Working Groups or observers should be avoided.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Recital 18

(18) As BEREC is competent for taking decisions with a binding effect, it is necessary to ensure that any natural or legal person subject to, or concerned by, a decision of BEREC has the right of appeal to a Board of Appeal, which is part of the agency but independent from its administrative and regulatory structure. As the decisions issued by the Board of Appeal are intended to produce legal effects towards third parties, an action for review of their legality may be brought to the General Court. In order to ensure uniform conditions as regards the rules of procedure of the Board of Appeal, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council33 . _________________ 33 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Recital 23

(23) In order to further extend the consistent implementation of the provisions of the regulatory framework for electronic communications ~~within the scope of BEREC, the new agency~~, BEREC and the BEREC Office should be open to the participation of ~~regulatory authoritie~~NRAs of third countries competent in the field of electronic communications, in particular those that have entered into agreements with the Union to that effect~~, in particular those of~~ as EEA EFTA States and candidate countries.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Recital 24

(24) BEREC, supported by the BEREC Office, should be allowed to engage in communication activities within its field of competence, which should not be detrimental to BEREC’'s core tasks ~~and~~. The BEREC Office's communication activities should be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board. The content and implementation of BEREC’ Office's communication strategy should be coherent, relevant and coordinated with the strategies and activities of the Commission and the other institutions in order to take into consideration the broader image of the Union.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)

(aa) advise the European Parliament, the Council and the Commission, on request or on its own initiative, on relevant regulatory impact of any issue concerning the overall digital markets' dynamics;

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)

(ab) assist the Commission, as a consultative body in relation to the preparation and adoption of legal acts in the field of electronic communications;

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 2 – paragraph 3

3. Without prejudice to compliance with relevant Union law, NRAs ~~shall comply with any decision and~~and the Commission shall take the utmost account of any opinion, guideline, recommendation and best practice adopted by BEREC with the aim of ensuring a consistent implementation of the regulatory framework for electronic communications within the scope referred to in Article 1(2).

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 2 a (new)

Article 2 a Organisation of BEREC BEREC shall consist of: (a) Board of Regulators; (b) Contact Network; (c) Expert Working Groups ('Working Groups').

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 2 b (new)

Article 2 b Composition of the Board of Regulators 1. The Board of Regulators shall be composed of one member for each Member State. That person shall be the head or other high-level representative of the NRA established in the Member State with primary responsibility for overseeing the day-to-day operation of the markets for electronic communications networks and services. In Member States with more than one NRA in accordance with Directive [...] ('Electronic Communications Code'), those NRAs shall agree on a common representative and the necessary coordination between the NRAs shall be ensured. 2. When carrying out the tasks conferred upon it by this Regulation, the Board of Regulators shall act independently. The members of the Board of Regulators shall neither seek nor accept any instruction from any government, from the Commission, or from any other public or private entity. 3. The NRAs shall nominate one high- level alternates as member for each Member State. 4. The Commission shall attend the meetings of the Board of Regulators as an observer and shall be represented at an appropriately high level. 5. The Board of Regulators may invite any person whose opinion may be of interest to attend its meetings on a case- by-case basis as an observer.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 2 c (new)

Article 2 c Meetings and Voting rules of the Board of Regulators 1. Meetings of the Board of Regulators shall be convened by its Chair and shall occur at least four times a year in ordinary session. Extraordinary meetings shall also be convened at the initiative of the Chair, at the request of the Commission or at the request of at least one third of the Board's members. The agenda of the meeting shall be set by the Chair and shall be made public. 2. Where appropriate to safeguard the independence of BEREC or to avoid any conflict of interests, the Chair may decide that certain items are to be discussed in the absence of the observers. 3. The Board of Regulators shall adopt decisions by a two-thirds majority of its members unless otherwise provided for in this Regulation or in another Union legal act. Each member or alternate shall have one vote. The decisions of the Board of Regulators shall be made public, and shall indicate the reservations of an NRA at its request. 4. The Board of Regulators shall adopt and make publicly available its rules of procedure. The rules of procedure shall set out in detail the arrangements governing voting, including the conditions under which one member may act on behalf of another member, the rules governing quorums, and the notification deadlines for meetings. Furthermore, the rules of procedure shall ensure that the members of the Board of Regulators are provided with full agendas and draft proposals in advance of each meeting so that they have the opportunity to propose amendments prior to the vote. The rules of procedure may, inter alia, set out a procedure for urgent votes and other practical arrangements for the operation of the Board of Regulators.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 2 d (new)

Article 2 d Tasks of the Board of Regulators 1. The Board of Regulators shall fulfil the tasks of BEREC set out in Article 2 and shall take all decisions relating to the organisation of the work of BEREC. 2. The Board of Regulators may adopt decisions unanimously on behalf of BEREC whether to take on other specific tasks referred to in Article 2(2a). 3. The Board of Regulators shall adopt, on behalf of BEREC, the special provisions on the right of access to documents held by BEREC, in accordance with Article 27. 4. The Board of Regulators shall give guidance to the BEREC Office regarding its professional and administrative support to BEREC. 5. The Board of Regulators shall, after consulting interested parties in accordance with Article 2(4a), adopt BEREC's annual work programme before the end of the year preceding that to which the work programme relates. The Board of Regulators shall transmit the annual work programme to the European Parliament, the Council and to the Commission as soon as it is adopted. 6. The Board of Regulators shall adopt BEREC's annual activity report and shall submit it to the European Parliament, the Council, the Commission, the European Economic and Social Committee by 15 June each year. 7. The European Parliament may invite, while fully respecting his independence, the Chair or a Vice-Chair of the Board of Regulators to make a statement before its competent committee on relevant issues relating to BEREC's activities and answer questions put by the members of the European Parliament.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 2 e (new)

Article 2 e Contact Network 1. The Contact Network shall be composed of NRA representatives from Member States and the representatives of the Commission, the BEREC Office and third-country regulatory authorities. 2. The Contact Network shall assist the Board of Regulators in the fulfilment of its tasks, particularly by making the necessary preparations for the meetings of the Board of Regulators, such as processing of the documents developed by the Working Groups. 3. The Board of Regulators shall adopt rules of procedure laying down the practical arrangements for the operation of the Contact Network.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 2 f (new)

Article 2 f Functioning of the Working Groups 1. Where justified and in particular to implement BEREC's annual work programme, the Board of Regulators may set up the necessary Working Groups. 2. The members of the Working Groups shall be designated by the NRAs. The representatives of the Commission, the BEREC Office and third-country regulatory authorities shall also participate on the work of the Working Groups. The Board of Regulators may invite individual experts recognised as competent in the relevant field to participate in the Working Groups if necessary on a case-by-case basis. 3. Where appropriate to safeguard the independence of BEREC or to avoid the conflict of interest, the Co-Chairs may decide that certain items are to be discussed in the absence of the experts of the Commission, third-country regulatory authorities and other invited bodies. 4. The Board of Regulators shall appoint two Co-Chairs from different NRAs to each Working Group unless exceptional and temporary circumstances warrant otherwise. 5. The Board of Regulators shall adopt rules of procedure laying down the practical arrangements for the operation of the Working Groups.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 2 g (new)

Article 2 g Tasks of the BEREC Office The BEREC Office shall, in particular, have the following tasks: (a) to provide professional and administrative support services to BEREC; (b) to collect information from NRAs and exchange and transmit information in relation to the tasks of BEREC set out in Article 2; (c) based on this data, to produce regular draft reports on specific aspects of developments of the European telecommunications market such as roaming and benchmarking reports, to be submitted to BEREC; (d) to disseminate regulatory best practices among NRAs, in accordance with point ad of Article 2(1); (e) to assist in the preparation of the work and provide other support to ensure the smooth functioning of the of the Board of Regulators, the Contact Network and the Working Groups. (f) to participate in the technical activities of the Working Groups upon decision by their Co-Chairs; (g) to assist in the preparation and provide other support to ensure the smooth functioning of the Management Board; (h) to assist BEREC in public consultations.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

3. The term of office of the Chairperson and the Deputy Chairperson shall be four years, with the exception of the first term of office of the Deputy Chairperson elected after the entry into force of this regulation which shall be two years. Their term of office may be renewed onceone year.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 9 – paragraph 4

4. The ~~Executive~~ Director shall be the legal representative of BEREC Office.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 9 – paragraph 6

6. The ~~Executive~~ Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the BEREC Office’s tasks in an efficient and effective manner to locate one or more staff in one or more Member States. The decision to establish a local office requires the prior consent of ~~the Commission,~~ the Management Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and duplication of administrative functions of BEREC. Any such decision shall require prior inclusion of the impact of such a decision in terms of staff allocation and budget in a multi-annual plan.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1

BEREC and the BEREC Office shall be open to the participation of regulatory authorities of third countries competent in the field of electronic communications that have entered into agreements with the Union to that effect.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 2

Under the relevant provisions of these agreements, arrangements shall be developed specifying, in particular, the nature, extent and manner in which those regulatory authorities of the third countries concerned will participate in the work of BEREC~~, including~~ and the BEREC Office, including representation of the third countries in the Board of Regulators, Management Board and other organisational bodies of both BEREC and BEREC Office, as well as provisions relating to participation in the initiatives undertaken by the BEREC Office, financial contributions and staff. As regards staff matters, those arrangements shall, in any event, comply with the Staff Regulations.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 27 a (new)

Article 27 a Transparency and communication 1. BEREC and the BEREC Office shall carry out their activities with a high level of transparency. BEREC and the BEREC Office shall ensure that the public and any interested parties are given objective, reliable and easily accessible information, in particular in relation to their tasks and the results of their work. 2. BEREC, supported by the BEREC Office, may engage in communication activities on their own initiative within their field of competence. The allocation of resources within the BEREC Office's budget to communication activities shall not be detrimental to the effective exercise of the BEREC´s tasks referred to in Article 2. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.

2017/04/04
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1

Members, their alternates, and observers of the Management Board, the ~~Executiv~~Board of Regulators, the Director, seconded national experts and other staff not employed by the BEREC Office shall each make an annual declaration indicating their commitment and the absence or presence of any direct or indirect interest which might be considered prejudicial to their independence.

2017/04/04
Committee: ITRE