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), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009 (Text with EEA relevance)

As part of the annual work programme referred to in Article 21, the Board of Regulators shall adopt BEREC’s strategy for relations with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations concerning matters for which BEREC is competent. The Commission, BEREC and the BEREC Office shall conclude an appropriate working arrangement for the purpose of ensuring that BEREC and the BEREC Office operate within their mandate and the existing institutional framework.

Regulation (EC) No 1049/2001 of the European Parliament and of the Council (20) shall apply to documents held by BEREC and the BEREC Office.

The Board of Regulators and the Management Board shall, by 21 June 2019, adopt detailed rules for applying Regulation (EC) No 1049/2001.

The processing of personal data by BEREC and the BEREC Office shall be subject to Regulation (EU) 2018/1725.

The Board of Regulators and the Management Board shall, by 21 June 2019, establish measures for the application of Regulation (EU) 2018/1725 by BEREC and the BEREC Office, including those concerning the appointment of a Data Protection Officer of the BEREC Office. Those measures shall be established after consulting the European Data Protection Supervisor.

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 appropriate, objective, reliable and easily accessible information, in particular in relation to their tasks and the results of their work.

BEREC, supported by the BEREC Office, may engage in communication activities on its own initiative within its field of competence in accordance with relevant communication and dissemination plans adopted by the Board of Regulators. The allocation of resources for such support for communication activities within the BEREC Office’s budget shall not be detrimental to the effective exercise of BEREC's tasks as referred to in Article 4 or the BEREC Office's tasks as referred to in Article 5.

Without prejudice to Article 36(1) and Article 40(2), BEREC and the BEREC Office shall not disclose to third parties information that they process or receive in relation to which a reasoned request for confidential treatment has been made in whole or in part.

Members and other participants at the meetings of the Board of Regulators, the Management Board and the working groups, the Director, seconded national experts and other staff not employed by the BEREC Office shall comply with the confidentiality requirements under Article 339 TFEU, even after their duties have ceased.

The Board of Regulators and the Management Board shall lay down the practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2.

Upon the reasoned request of BEREC or the BEREC Office, the Commission and the NRAs represented in the Board of Regulators and other competent authorities shall provide BEREC or the BEREC Office with all the necessary information, in a timely and accurate manner, to carry out their tasks, provided that they have legal access to the relevant information and that the request for information is necessary in relation to the nature of the task in question.

Upon the reasoned request of the Commission or an NRA, BEREC or the BEREC Office shall provide, in a timely and accurate manner, any information that is necessary to enable the Commission, the NRA or other competent authority, to carry out their tasks, pursuant to the principle of sincere cooperation. Where BEREC or the BEREC Office considers information to be confidential, the Commission, the NRA or the other competent authority shall ensure such confidentiality in accordance with Union and national law, including Regulation (EC) No 1049/2001. Business confidentiality shall not prevent the timely sharing of information.

Before requesting information in accordance with this Article and in order to avoid the duplication of reporting obligations, BEREC or the BEREC Office shall take account of any relevant existing information publicly available.

Where information is not made available by the NRAs in a timely manner, BEREC or the BEREC Office may address a reasoned request either to other NRAs and other competent authorities of the Member State concerned, or directly to the relevant undertakings providing electronic communications networks, services and associated facilities.

Member States shall ensure that NRAs and other competent authorities have the power to require other responsible national authorities or undertakings providing electronic communications networks and services, associated facilities, or associated services to submit all information necessary to carry out their tasks referred to in this Article.

The BEREC Office shall establish and manage an information and communication system with at least the following functions:

The Management Board shall adopt the technical and functional specifications for the purpose of establishing the information and communication system referred to in paragraph 1. That system shall be subject to intellectual property rights and the required confidentiality level.

The information and communication system shall be operational by 21 June 2020.

Members of the Board of Regulators and the Management Board, the Director, seconded national experts and other staff not employed by the BEREC Office shall each make a written declaration indicating their commitments and the absence or presence of any direct or indirect interests that might be considered to prejudice their independence.

Members of the Board of Regulators, the Management Board and the working groups, and other participants in their meetings, the Director, seconded national experts and other staff not employed by the BEREC Office shall each accurately and completely declare, at the latest at the start of each meeting, any interest which might be considered to be prejudicial to their independence in relation to the items on the agenda, and shall abstain from participating in the discussion and the voting on, such points.

The Board of Regulators and the Management Board shall lay down the rules for the prevention and management of conflicts of interests and, in particular, for the practical arrangements for the application of paragraphs 1 and 2.

In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (23), by 21 June 2019, the BEREC Office shall accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office (OLAF) (24) and adopt appropriate provisions applicable to all staff of the BEREC Office using the template set out in the Annex to that Agreement.

The Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot inspections, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the BEREC Office.

OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 and Council Regulation (Euratom, EC) No 2185/96 (25) with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract funded by the BEREC Office.

Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions shall contain provisions expressly empowering the Court of Auditors and OLAF to conduct such audits and investigations, in accordance with their respective competences.

The BEREC Office’s contractual liability shall be governed by the law applicable to the contract in question.

The Court of Justice of the European Union (Court of Justice) shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the BEREC Office.

In the case of non-contractual liability, the BEREC Office shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

The Court of Justice shall have jurisdiction in disputes over compensation for damages referred to in paragraph 3.

The personal liability of its staff towards the BEREC Office shall be governed by the provisions laid down in the Staff Regulations or the Conditions of Employment of Other Servants applicable to them.

Regulation No 1 (26) shall apply to the BEREC Office.

The translation services required for the functioning of the BEREC Office shall be provided by the Translation Centre of the Bodies of the European Union.

The arrangements concerning the accommodation to be provided for the BEREC Office in the host Member State and the facilities to be made available by that Member State as well as the specific rules applicable in the host Member State to the Director, members of the Management Board, the BEREC Office staff and members of their families shall be laid down in a Headquarters Agreement between the BEREC Office and the host Member State, concluded after obtaining the approval of the Management Board and no later than 21 December 2020.

The host Member State shall provide the necessary conditions to ensure the smooth and efficient functioning of the BEREC Office, including multilingual, European-oriented schooling and appropriate transport connections.

By 21 December 2023, and every five years thereafter, the Commission shall carry out an evaluation in compliance with the Commission guidelines to assess BEREC’s and the BEREC Office’s performance in relation to their objectives, mandate, tasks and location. The evaluation shall, in particular, address the possible need to modify the structure or mandate of BEREC and the BEREC Office, and the financial implications of any such modification.

Where the Commission considers that the continuation of BEREC or the BEREC Office is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended or repealed accordingly.

The Commission shall report to the European Parliament, the Council and the Management Board on the findings of its evaluation and shall make those findings public.

The BEREC Office shall succeed the Office that was established by Regulation (EC) No 1211/2009 as regards all ownership, agreements, legal obligations, employment contracts, financial commitments and liabilities.

With effect from 20 December 2018, the Administrative Manager appointed on the basis of Regulation (EC) No 1211/2009 shall act as Director with the functions provided for in this Regulation. The other conditions of the Administrative Manager’s contract shall remain unchanged.

The Management Board may decide to renew the term of office of the Director referred to in paragraph 2 of this Article for a further term. Article 32(5) and (6) shall apply mutatis mutandis. The cumulative term of office of the Director shall not exceed 10 years.

The Board of Regulators and the Management Board referred to in Articles 7 and 15 of this Regulation shall be composed of the members of the Board of Regulators and Management Committee referred to in Articles 4 and 7 of Regulation (EC) No 1211/2009, until new representatives are appointed.

The Chairs and the Vice-Chairs of the Board of Regulators and of the Management Committee who have been appointed on the basis of Regulation (EC) No 1211/2009, shall remain in office as Chair and Vice-Chairs of the Board of Regulators as referred to in Article 10 of this Regulation, and as Chairperson and Deputy Chairpersons of the Management Board as referred to in Article 17 of this Regulation for the remaining period of their one-year term. Appointments of the Chairs and Vice-Chairs of the Board of Regulators and of the Management Committee on the basis of Regulation (EC) No 1211/2009, which are made before 20 December 2018 but extend beyond that date, shall be respected.

The discharge procedure in respect of the budget approved on the basis of Article 11 of Regulation (EC) No 1211/2009 shall be carried out in accordance with the rules established by that Regulation.