Misplaced Pages

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70-402: The update to the telecoms regulations was needed to address the growth of broadband Internet. It was intended merely to address structural regulation and competitive issues concerning the broadband providers and the provision of spectrum. The Telecoms Package created a new pan-European agency called Body of European Regulators of Electronic Communications (BEREC) overseeing telecoms regulation in

140-596: A 'three strikes' or graduated response regime. These two amendments were Annex 1, point 19 of the Authorisation directive and Amendment 20.6 of the Universal Services directive. They sparked a major political controversy over the enforcement of copyright on the Internet. The copyright controversy became public during the first reading of European Parliament. It came to dominate the political debate and

210-550: A democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process. Accordingly, these measures may only be taken with due respect for the principle of the presumption of innocence and

280-619: A member must serve as Vice-Chair for one year. To ensure continuity in BEREC's work, the Chair has to serve one additional year as Vice-Chair during the year following their chairmanship. In accordance with the RoP, a candidate must obtain two-thirds of the votes of the BoR to be elected. Moreover, the BoR is open to the participation of regulatory authorities of third countries with primary responsibility in

350-447: A problem that could take ages for people to realize is impossible to solve, as initially intended. The group was founded in 2008 by free software promoters and activists. In 2013, the collective re-organized from a de facto association to a formal (French law) association. This association was founded by 9 long-time participants or helpers of the initial collective. Philippe Aigrain , author of two books on information commons ,

420-690: A regulation of the European Parliament and of the Council establishing the European Electronic Communications Market Authority The Telecoms Package went through three readings in the European Parliament. The First Reading concluded on 24 September 2008. The second reading concluded on 5 May 2009. The third reading, also known as the conciliation process, concluded at midnight on 5 November 2009. The entire package

490-522: A supranational Office with expert staff was set up to provide BEREC with professional and administrative support. This Office was established as a body of the Union and had its own legal personality and legal, administrative and financial autonomy. Following the EECC   and the new Regulation (EU) 2018/1971   coming into force in 2018, several changes occurred. First and foremost, the name changed from

560-550: Is established as a body of the Union. BEREC consists of national regulators with and without voting rights and the representative of the European Commission. Only regulators from EU member states have voting rights – BEREC Members. Those are currently: BEREC is also open to the participation of regulatory authorities of third countries with primary responsibility in the field of electronic communications, where those third countries have entered into agreements with

630-495: Is one of the co-founders of the collective and the association. Jérémie Zimmermann , also co-founder of both collective and association, is frequently invited to television programs and interviews, defending and raising awareness about the association's positions and opposition to the many projects they consider threaten fundamental liberties and the Internet (French HADOPI law, European Telecoms Package, ACTA , Net Neutrality , etc. La Quadarature du Net gained notoriety by fighting

700-422: Is responsible for establishing and maintaining a database of the notifications transmitted to the relevant authorities. Subject to general authorisation, this involves monitoring the numbering resources with a right of extraterritorial use within the Union and, where relevant, E.164 numbers of member state emergency services. BEREC evaluates the needs for regulatory innovation and coordinates actions between NRAs in

770-601: Is sent for further consultation to the EP, the Council and the EC, and it is open for public consultation by interested stakeholders and the public. The Board of Regulators adopts the final Work Programme by 31 December of the preceding year and transmits it to the aforementioned EU institutions in accordance with the regulatory procedure. The institutional organisation of BEREC is composed of several layers, each with specific tasks and duties of its own. The highest level of governance of BEREC

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840-640: Is the Board of Regulators (BoR) in which the national telecommunication regulators participate. BEREC comprises a Contact Network (CN) and Working Groups (WGs) , and is supported by the BEREC Office based in Riga , Latvia . Being the highest level of governance, the BoR is the decision-maker in BEREC. It consists of the heads or nominated representatives of the NRAs with the primary responsibility for overseeing

910-688: The HADOPI law , a controversial project to establish a graduated response in France. Its action against Internet censorship and supporting Net neutrality led the Quadrature to work on subjects such as the LOPPSI law , the Telecoms Package or ACTA . In 2012 Quadrature spokesman and co-founder Jérémie Zimmermann received a Pioneer award for his action against ACTA . The Quadrature

980-592: The "Telecoms Working Group" of the Council of the European Union , which was responsible for drafting the council's changes to the Telecoms Package on the second reading, left Brussels for a new job with AT&T (External Affairs Director). Body of European Regulators of Electronic Communications The Body of European Regulators for Electronic Communications ( BEREC ) is the body in which

1050-515: The Agency also makes use of Seconded National Experts (SNEs), Interim workers, and also has a Traineeship Programme. Procurement in the context of the activity of the BEREC Office means the acquisition by means of a contract of works, supplies or services and the acquisition or rental of land, buildings or other immovable property on its own account. The rules applicable to public procurement at

1120-523: The BEREC Chair is Tonko Obuljen, President of the Council of Croatian Regulatory Authority for Network Industries ( HAKOM ). The Vice-Chairs are: The BEREC Chair and Vice-Chairs, together with the representative of participants without voting rights - Mr Hrafnkell V. Gíslason ( ECOI , Iceland), compose the Mini Board. The primary duty of the Mini Board is to assist the Chair in the performance of

1190-416: The BEREC Chair may set up ad hoc groups to deal with time-specific tasks not foreseen in the annual Work Programme and which do not fall under the remit of any existing WG.   Each WG is led by two Co-Chairs from different NRAs and their respective experts   who are elected for a two-year term. The term of ad-hoc Co-Chairs ends when their task is completed. The WGs work on specific topics included in

1260-766: The BEREC Office are defined in the General Financial Regulation. La Quadrature du Net La Quadrature du Net ( Squaring the Net in French) is a French advocacy group that promotes digital rights and freedoms for its citizens. It advocates for French and European legislation to respect the founding principles of the Internet, most notably the free circulation of knowledge. La Quadrature du Net engages in public-policy debates concerning, for instance, freedom of speech , copyright , regulation of telecommunications and online privacy . The name of

1330-626: The BEREC Work Programme or arise, as mentioned above, on an ad hoc basis following requests for advice or opinions from the EU institutions.   According to the WG-RoP, WGs can work in different formats and may include drafters, sub-groups of experts working on specific projects, or a full WG to work on draft documents. Once a document is drafted, the draft proposal is circulated within the group for comments. After all comments are considered,

1400-414: The BEREC founding regulation was replaced by Regulation (EU) 2018/1971 of the EP and of the Council of 11 December 2018. Both changes resulted in a significant number of new tasks for BEREC. Furthermore, Regulation (EU) 2018/1971  led to the creation of the Agency for Support for BEREC (BEREC Office) to support BEREC in its new tasks, replacing the previous Regulation (EC) No 1211/2009. The BEREC Office

1470-703: The BEREC is guided mainly by two documents – the BEREC Strategy and the BEREC Work Programme . The BEREC Work Programme is an annual document that is developed by the Chair of BEREC, who may be assisted by the BEREC Office and the Working Groups. It takes into account the mandatory tasks under the EECC, but it is mainly based on the BEREC Strategy 2021-2025 and the strategic priorities set out in that Strategy. The Work Programme

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1540-705: The Body of European Regulators for Electronic Communications (BEREC). In this way, the ERG was replaced by a new regulatory body (BEREC) that would prioritise efficiency and transparency and ensure fair competition and greater consistency in regulating the telecom markets. BEREC commenced its activities in January 2010. Its mission is to contribute to the development of the European internal market for electronic communications networks and services to ensure that it functions well for

1610-559: The Chair’s duties. According to the RoP, the BoR is assisted by the CN, composed of senior representatives of the BEREC NRAs. It is also open to the participation of regulatory authorities of third countries with primary responsibility in the field of electronic communications, for those who have entered into agreements with the Union to that effect. Primarily, the CN ensures the coordination of

1680-536: The Co-Chairs submit the draft proposal to CN/Plenary meetings, where it is further discussed and voted on. The mission of the BEREC Office is to ensure the consistent implementation of the European regulatory framework for electronic communications. To achieve this, the BEREC Office provides all the necessary professional and administrative support for the work of BEREC, including financial, organisational and ICT services. It contributes to BEREC's regulatory work for

1750-662: The Court of Auditors. Furthermore, the MB adopts the BEREC Office's annual budget and financial rules applicable to it. Essential tasks of the MB also include the appointment of the BEREC Office Director and the Accounting Officer. The Director of the BEREC Office is the head of the Agency and is in charge of its administrative management. The Director is appointed by the MB and serves a term of five years, with

1820-666: The Director, members of the Management Board, the BEREC Office staff and members of their families. Based on the provision of the Headquarters Agreement, the Liaison Office was established to ensure the smooth and efficient functioning of the BEREC Office. Additionally, multiple activities and events are held regularly and on an annual basis to inform citizens on the presence of the BEREC Office in

1890-670: The Director. The MB performs several tasks listed in Article 16 of the BEREC Regulation. It provides general guidance on activities, taking into account the opinion of the EC, and it must ensure the adoption of the SPD. It publishes the Consolidated Annual Activity Report on the BEREC Office activities and performs an assessment of it. Both documents are forwarded to the EP, the Council, the EC and

1960-434: The EC on request, when legislative proposals are being prepared in the electronic communications field, or when proposing to amend the BEREC Regulation or the EECC. BEREC issues opinions on various topics and guidelines on implementing the EU regulatory framework for electronic communications, to ensure consistency in overall implementation and in decisions of the NRAs. Issuing guidelines may be initiated by BEREC itself or on

2030-657: The EECC ), and it monitors, collects, and makes publicly available information on the Roaming Regulation, and reports on technical matters within its competence. In all its tasks, BEREC's work is guided by independence, impartiality and transparency and compliance with its founding regulation, the EECC (Directive (EU) 2018/1972), the Roaming Regulation (Regulation (EU) 2022/612 ) and the Telecoms Single Market Regulation (Regulation (EU) 2015/2120 ). Other important documents that form

2100-470: The EECC, BEREC participates in the Peer Review Forum for draft measures on selection procedures and, in accordance with Article 4 of the EECC, participates on issues concerning its competence relating to market regulation and competition related to radio spectrum. BEREC conducts analyses of potential transnational markets (Article 65 of the EECC ) and transnational end-user demand (Article 66 of

2170-577: The EP and the Council on the performance of tasks when invited to do so. The current Director of the BEREC Office is Dr Verena Weber. The working and contractual conditions] of BEREC Office staff are based on the Staff Regulations (SR) and the Conditions of Employment of Other Servants of the European Union (CEOS). The Agency is staffed mainly by Temporary Agents and Contract Agents, recruited through open selection procedures. In addition,

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2240-410: The ERG for Electronic Communications Networks and Services to ensure the consistent development and application of the EU regulatory framework. The ERG was to advise and assist the EC in developing the internal market and, more generally, to provide an interface between NRAs and the EC. After making positive contributions to consistent regulatory practices by fostering cooperation among NRAs, and between

2310-625: The EU regulatory framework and it provides advice to the European (legislative) institutions as well as support, at European level, for regulatory tasks performed by the NRAs at national level. In 2018, the Telecoms Reform package was replaced by Directive (EU) 2018/1972 of the EP and of the Council of 11 December 2018, establishing the European Electronic Communications Code (‘the EECC’).  Similarly,

2380-596: The European Parliament in the first reading plenary vote on 24 September 2008. This created an inter-institutional stand-off between the Parliament on the one hand, and the Commission and the Council of Ministers, on the other. In the second reading, on 5 May 2009, the European Parliament again voted for Amendment 138. In the Third Reading, the only issue under discussion was Amendment 138 and how to handle

2450-631: The European Union to that effect – Participants. Currently, those countries are: *This designation is without prejudice to positions on status, and is in line with the UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence As an expert body, BEREC's overall tasks are to assist and advise the EU institutions and NRAs, on request or on its own initiative, in the electronic communications sector. Furthermore, BEREC must assist and advise

2520-691: The Governments of the Member States agreed on the decision that the BEREC Office shall have its seat in Riga, Latvia .   In October the following year, BEREC Office has been inaugurated in full operational capacity in its permanent location in Riga. On 21 December 2020, in accordance with the provisions of Article 47 of the Regulation (EU) 2018/1971, the BEREC Office and the Government of

2590-515: The NRAs and the EC, additional coordination was necessary to develop the internal market for electronic communication networks and services. Following from this, and steered by Viviane Reding (former EU Commissioner for Telecommunications), the EU Telecoms Reform package was adopted and enforced. Along with several directives, the reform package also included the BEREC founding regulation, Regulation (EC) No 1211/2009  establishing

2660-676: The Office to the Agency for the Support for BEREC (BEREC Office). The BEREC Office, as a decentralised EU agency, maintained its legal, administrative and financial autonomy and the legal personality to exercise the powers conferred on it. Furthermore, the Administrative Manager was replaced by a Director and the Management Committee changed its name to the Management Board (MB). On 31 May 2010, Representatives of

2730-609: The Republic of Latvia signed a new Headquarters Agreement . With the entry into force, the Seat Agreement , signed on 24 February 2011, and the Memorandum of Understanding , signed on 30 September 2011, are terminated. The Headquarters Agreement governs all arrangements concerning the accommodation to be provided for the BEREC Office in the Republic of Latvia and the facilities to be made available by that Member State to

2800-433: The Universal Services directive. These two articles were subject to considerable lobbying by the telecoms network operators, who wanted to retain the flexibility to run the networks to suit their business requirements. Some of their demands were criticised by citizens advocacy groups, who argued that certain proposed amendments would allow the broadband operators to use discriminatory forms of traffic management. The outcome

2870-459: The aim of stopping a three strikes regime being legitimated in European Union legislation. Amendment 138 was an amendment tabled to the Framework directive, that sought to mandate a judicial ruling in cases where Internet access would be cut off. It was deliberately framed to target other proposals for copyright measures – the so-called 'three-strikes'. The text of amendment 138 was: “ applying

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2940-478: The authorisation of electronic communications networks and services Proposal for a directive of the European Parliament and of the Council amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on consumer protection cooperation Proposal for

3010-598: The benefit of European citizens. The BEREC Office as an Agency of the EU is part of the EU Agencies Network – created by the Heads of Agencies to provide a forum for coordination, information exchange and agreement of common positions on issues of common interest – and its partner Directorate General (DG) at the European Commission is DG CNECT . Under the Telecoms Reform Package in 2009,

3080-431: The benefit of consumers and businesses alike. To achieve this, BEREC has two principal roles, the first is to ensure that the European Union (EU) regulatory framework is applied consistently across the Union and the second is to promote an effective internal market for the telecom sector. Additionally, as an expert body, BEREC assists the European Commission (EC) and the national regulatory authorities (NRAs) in implementing

3150-464: The copyright issue. A compromise provision was finally agreed by all three EU institutions at midnight on 4 November 2009. This provision is Article 1.3a of the Framework directive. It is sometimes known as the 'Freedom Provision'. The text of Article 1.3a (the so-called "Freedom Provision") is: "3a. Measures taken by Member States regarding end-users access' to, or use of, services and applications through electronic communications networks shall respect

3220-511: The day-to-day operation of the markets for electronic communications networks and services, and a high-representative of the EC. The NRAs of the EU Member States are eligible to vote, whereas the EC representative only has observer status. Usually, the BoR adopts documents such as reports, opinions or recommendations during one of the four ordinary plenary meetings held each year. However, in urgent matters, documents may be adopted via

3290-437: The development of new innovative electronic communications. It also promotes the modernisation, coordination and standardisation of data collection by NRAs. The aim of this is to provide the data to the public in an open, reusable and machine-readable format without prejudice to intellectual property rights, rules on the protection of personal data and required levels of confidentiality. Where relevant, and following Article 35 of

3360-480: The electronic voting procedure. According to the Rules of Procedure (RoP), the BoR shall act on a simple majority of all its members unless otherwise provided for in the BEREC Regulation, or another legal act of the Union. A majority of two-thirds is required, under specific circumstances mentioned in the BEREC Regulation, when voting on the RoP or opinions and guidelines. Each member, eligible to vote, has one vote. When

3430-427: The field of electronic communications, where those third countries have entered into agreements with the Union to that effect (See: Member countries). The BEREC Chair is responsible for external relations on behalf of the body, and provides information on the Chair’s external activities to the members of the BoR, and reports to the EP and the Council on the performance of BEREC's tasks when invited to do so. In 2024,

3500-467: The fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law. Any of these measures regarding end-users' access to, or use of, services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within

3570-401: The group is based on squaring the circle ( French : quadrature du cercle ), an unsolvable mathematical problem. According to the collective, it is "impossible to effectively control the flow of information in the digital age by law and technology without harming public freedoms and damaging economic and social development". The collective makes an analogy with the squaring of the circle as

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3640-575: The high representative of the EC have the right to cast a vote. Typically, the MB acts by a simple majority of its members, unless otherwise provided for in the BEREC Regulation. A two-thirds majority may be necessary for adopting the Single Programming Document (SPD) , the annual budget, electing a deputy or chair of the MB different to the BoR Chair and Vice-Chairs, and decisions regarding the appointment, extension or removal of

3710-418: The host country, its work, career opportunities and to share and promote the values of the European Union. According to the BEREC Regulation, the BEREC Office shall consist of a MB and a Director. The Management Board (MB) The MB consists of persons appointed as members of the BoR and one high representative of the EC. Usually, the MB is chaired by the same chairing team as the BoR. Each MB member and

3780-701: The legal framework for the work of BEREC include the Recommendation on Relevant Markets (Recommendation (EU) 2020/2245), the Delegated Regulation (EU) 2021/654 on setting a single maximum Union-wide mobile voice termination rate and a single maximum Union-wide fixed voice termination rate, the NGA Recommendation (Recommendation 2010/572/EU), the Recommendation on consistent non-discrimination obligations and costing methodologies (Recommendation 2013/466/EU), among others. The work of

3850-577: The member states. It provided for member states to set minimum quality of service levels for broadband network transmission. It harmonised European contractual rights for telephone and Internet subscribers. These rights included the ability to switch telephone operators within 24 hours of giving notice, and retaining the phone number. Broadband and phone providers are obligated to limit the contract term to 12 months. Subscribers are to be notified of data privacy breaches. The Telecoms Package became subject to several political controversies, including disputes over

3920-418: The possibility of extending it once for another five years. In addition to responsibility for the administrative management, the Director is in charge of the implementation of the BEREC Office tasks and ensures that it is functioning in accordance with the establishing regulation. The Director assists the Chair of the BoR and the Chair of the MB in preparing the meetings of their respective bodies and reports to

3990-409: The principle that no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened in which case the ruling may be subsequent". Amendment 138 was adopted by

4060-491: The proposals to be considered by the BoR and the BEREC Office Management Board. It may also be delegated some of the duties of the BoR. Furthermore, the CN acts as an informal network where members can exchange information on regulatory issues and resolve outstanding differences of opinion between the members. In 2024, the CN Chair is Mr Domagoj Maričić ( HAKOM , Croatia). Article 6(b) of the BEREC Regulation   allows BEREC to organise its work into WGs .   In addition,

4130-536: The provision of access to infrastructure by dominant broadband providers. However, the most significant controversies concerned copyright and net neutrality. The controversy over copyright arose because of an attempt to put in amendments mandating Internet service providers to enforce copyright. It was argued that these amendments sought to implement a three-strikes regime. There was a public political argument over this matter. The debate eventually centred on one single counter-amendment, known as Amendment 138. The outcome

4200-433: The regulators of the telecommunications markets in the European Union work together. Other participants include representatives of the European Commission , as well as telecommunication regulators from the member states of the EEA and of states that are in the process of joining the EU. In 2002, the EC set up the European Regulators Group (ERG) pursuant to Commission Decision 2002/627/EC  of 29 July 2002 establishing

4270-414: The request of the NRAs, the EP, the Council or the EC. This happens mainly in the case of regulatory issues affecting several Member States or issues with a cross-border element. In addition, BEREC delivers recommendations, common position papers and disseminates regulatory best practices to NRAs to foster consistency and optimal implementation of the regulatory framework. In accordance with the EECC, BEREC

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4340-700: The right to privacy. A prior, fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms. The right to effective and timely judicial review shall be guaranteed." The Telecoms Package contained provisions that concerned net neutrality. These provisions related to transparency of information supplied by network operators and Internet Service Providers (ISPs) to their subscribers. They can be found in Article 20 and 21 of

4410-423: The voting procedure is finished and a document has received a majority of votes in favour, the document is considered to be officially adopted by BEREC. Furthermore, the BoR appoints its Chair from among its members for the year subsequent to the following year and Vice-Chairs for the following year. The term of the chairmanship is one year, with only one possibility for renewal. Before being elected as BEREC Chair,

4480-622: Was a complex piece of legislation. It was intended to update many aspects of telecoms regulation. It combined earlier directives from 2002 into two new bundles. The Framework, Access and Authorisation directives from 2002, were put into one new directive. The Universal Services and e-Privacy directives, also from 2002, were bundled together into another new directive. In the European Commission's draft of 13 November 2007, there were two amendments that attempted to insert support for copyright, notably that EU member states should mandate their broadband providers to co-operate with rights-holders and favouring

4550-496: Was a strange wording in the text: "inform subscribers of any change to conditions limiting access to and/or use of services and applications, where such conditions are permitted under national law in accordance with Community law"; The Telecoms Package was a target for lobbying by American telecoms companies, notably AT&T and Verizon, seeking to get the ability to use sophisticated traffic management techniques on broadband networks embedded into European law. Filip Svab, chairman of

4620-436: Was argued, those changes could permit the providers to alter quality-of-service or favour or discriminate against other players. The Telecoms Package is known in German as Telekom-Paket , in French as Paquet Telecom , in Spanish as Paquete Telecom , and in Swedish as Telekompaketet . The legislation that comprises the Telecoms Package, as published in the Official Journal of the European Union is: The Telecoms Package

4690-445: Was finally adopted by a majority vote in the European Parliament on 24 November 2009. This was, however, a legal technicality. The critical policy issues had already been decided during the three readings. The Telecoms Package entered into European law on 18 December 2009 (the date on which it was published in the Official Journal), after which member states had 18 months to implement its provisions in national law. The Telecoms Package

4760-529: Was presented by Viviane Reding , the European Commissioner for Information Society, to the European Parliament in Strasbourg 13 November 2007. The draft legislation that was presented to the European Parliament was: Proposal for a directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and services, and 2002/20/EC on

4830-417: Was that the package was forced to go to three readings in the European Parliament, and a compromise amendment was drafted, with the agreement of the three European institutions – Parliament, Commission and Council. This compromise amendment is sometimes now known as the 'freedom provision'. The net neutrality controversy arose out of changes made to transparency requirements for broadband providers, where, it

4900-415: Was the subject of a vocal activist campaign led by La Quadrature du Net . It was only resolved during the third reading, when the European Parliament drafted a new provision that reminded member state governments of their obligations under the European Convention of Human Rights, notably the right to due process. The famous (or infamous) Amendment 138 was tabled to highlight the problem of copyright and with

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