Board of Regulators
Composition
The Board of Regulators (BoR) is the main decision-making body of the Body of European Regulators for Electronic Communications (BEREC). The BoR is composed of the heads or nominated high-level representatives of the National Regulatory Authorities (NRAs) established in each European Union Member State with primary responsibility for overseeing the day-to-day operation of the markets for electronic communications networks and services. Each Member State is represented, with one member having the right to vote during meetings of the BoR. In addition to the NRAs of Member States, the BoR is also open to the participation of the NRAs of third countries with primary responsibility in the fields of electronic communications with which working arrangements have been established. Each NRA of a third country is represented with one participant without the right to vote during meetings of the BoR. Moreover, the European Commission (EC) is represented in the BoR and participates during all deliberations without the right to vote. Other persons may be invited to participate in meetings of the BoR as observers. They may be any person whose opinion may be of interest in light of their expertise.
The BoR is chaired by the elected BEREC Chair.
MEMBERS OF THE BOARD OF REGULATORS
In any event, the members of the BoR and their alternates may neither seek nor take instructions from any government, institution, person or body, and their independence must be preserved.
Functions
The BoR has the following functions:
- fulfil the regulatory tasks of BEREC set out in Article 4, namely to adopt the opinions, guidelines, reports, recommendations and common positions, and disseminate the best practices referred to in that article, relying, in doing so, on the preparatory work carried out by the working groups;
- take administrative decisions relating to the organisation of BEREC’s work;
- adopt BEREC’s annual work programme as referred to in Article 21;
- adopt BEREC’s annual report on its activities as referred to in Article 22;
- adopt rules for the prevention and management of conflicts of interests as referred to in Article 42, as well as in respect of members of the working groups;
- adopt detailed rules on the right of access to documents held by BEREC in accordance with Article 36;
- adopt and regularly update the communication and dissemination plans as referred to in Article 37(2), based on an analysis of needs;
- adopt, acting by a two-thirds majority of its members, and make public, its rules of procedure;
- authorise, together with the Director, the conclusions of working arrangements with competent Union bodies, offices, agencies and advisory groups and with competent authorities of third countries as well as international organisations in accordance with Article 35;
- appoint the BEREC Chair and the Vice-Chairs in accordance with Article 10;
- set up working groups and appoint their Chairs;
- provide the Director of the BEREC Office with guidance with regard to the carrying out of the tasks of the BEREC Office.
Meetings
The BoR meets at least twice per year to hold its ordinary plenary meetings. The exact number of meetings per year is defined in BEREC’s Work Programme. In addition to the ordinary plenary meetings, extraordinary meetings may be convened upon the initiative of the BEREC Chair, at the request of at least three members or at the request of the EC. During its ordinary plenary meetings, the BoR members discuss and present the submitted documents and, ultimately, vote on their adoption. Overall, the meeting quorum is achieved when at least two-thirds of the members of the BoR are present during the voting.
Voting procedure
Unless specified otherwise in Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office) – the BEREC Regulation – the BoR votes by a simple majority. However, for the election of Chairs and Vice Chairs, adoption of Rules of Procedure and the adoption of the opinion referred to in point (c) (v) of Article 4(1) and the guidelines referred to in Article 4(1)(d) (i) to (iv), (vi), (vii) and (x) of the BEREC Regulation, a two-thirds majority is needed. The voting itself is carried out by a show of hands or by a secret ballot where, in the case of the latter, a request must be made by at least two members present and supported by a majority of members.
Electronic voting
Furthermore, and if a meeting is not practical or a decision need not wait until the next ordinary plenary meeting, the BEREC Chair may initiate an electronic voting procedure to seek a decision by the BoR. For any electronic voting round to be valid, at least two-thirds of the members must cast their vote or formally abstain. If the procedure remains undecided, an extraordinary meeting may be convened by the BEREC Chair.
The documents approved by the BoR for publication are subsequently made available on the BEREC website section All Documents in the aftermath.