Conflict of Interest
Definition of a Conflict of Interest
A conflict of interest exists when a person appointed to a function has a personal or vested interest in the outcome of decisions resulting from that function. Consequently, a person must not be involved in any decision during the course of his/her duties which might give rise to an opportunity to further his/her personal interests.
The policy in place states that:
- any person facing a conflict of interest situation is under a duty to communicate it and, as appropriate, find the best way to avoid an adverse impact on the validity of the decisions of BEREC and the BEREC Office;
- at each meeting, the Members of the Board of Regulators and the BEREC Office Management Board have to declare any interest which could be considered to be prejudicial to their independence with respect to any point on the agenda;
- anyone declaring such interests shall not participate in any vote on the relevant point.
Content of the Annual Declaration of Interest
The persons concerned must present in their declarations of interest a statement covering either current and past interests or their absence. The reference period for past interests is 3 years.
The declarations of interest should at least include the following information on all interests that are (or could be perceived as) related to the domain of activity of BEREC and the BEREC Office:
- past activities: work and activities in organisations relevant to the operating area of BEREC;
- direct financial interests;
- other links with the field of activity of BEREC;
- current activities: posts held in foundations or similar bodies, educational institutions, companiesor otherorganisations.
- any other relevant interests.
Article 42 of Regulation (EU) 2018/1971 establishing the Body of European regulators for Electronic Communications (BEREC) and the Office provides for the obligation for the Members of the Board of Regulators and of the Management Board, the Director and the staff of the Office to make a declaration of commitments and a declaration of interests indicating the absence of any direct or indirect interests, which might be considered prejudicial to their independence. Such declarations shall be made in writing.
Declarations of interest of the Members of the Boards
The declarations of interests to be submitted by the Members of the BEREC Board of Regulators and the BEREC Office Management Board shall be made in accordance with the model declarations that can be downloaded at the links provided below:
- Model Annual Declaration of Interests of the Members of the BEREC Board of Regulators (Annex II of Board of Regulators Procedure);
- Model Annual Declaration of Interests of the Members of the BEREC Office Management Board (Annex II of BEREC Office Management Board rules of procedures).
Assessment of Conflict of Interest
- For the Members of the Board of Regulators and/or of the BEREC Office Management Board, and the BEREC Office Director
Based on the information provided by the Member of the Board of Regulators and/or of the Management Board, the Director, the Management Board or the Board of Regulators will jointly evaluate whether a declared interest constitutes a conflict.
As a result of such assessment, the matter will be brought to the attention of the Board of Regulators/Management Board.
- For the BEREC Office staff
The Director and the Vice-chair of the Management Board, exercising the powers conferred on the appointing authority by the Staff Regulations of Officials of the European Communities and the powers conferred on the authority entitled to conclude contracts by the Conditions of employment of other servants of the European Communities, will jointly evaluate whether an interest declared by a staff member constitutes a conflict or not. As a result of such assessment, the matter will be brought to the attention of the Management Committee.
Last up-date: 5 August 2019