78 Amendments of Jean-Luc SCHAFFHAUSER related to 2016/0286(COD)
Amendment 189 #
Proposal for a regulation
Recital 8
Recital 8
(8) The need for the regulatory framework for electronic communications to be consistently applied in all Member States is essential for the successful development of an internal market for electronic communications throughout the Union and the promotion of access to, and take-up of, very high capacity data connectivity, of competition in the provision of electronic communications networks, services and associated facilities and of the interests of the citizens of the Union. In view of market and technological developments, which often entails an increased cross-border dimension, and to the experience so far in ensuring a consistent implementation in the electronic communications field, it is necessary to build on the work of BEREC and the BEREC Office and further develop them into a fully-fledged agencyn agency that is independent of the Commission.
Amendment 193 #
Proposal for a regulation
Recital 9
Recital 9
(9) The agency should be governed and operated in line with the principles of the Joint Statement of the European Parliament, the Council and the European Commission of 19 July 2012 on decentralised agencies (‘Common Approach’)28fully independently of the European Commission. Due to the established image of BEREC and the costs that a modification of its name would entail, the new agency should retain the name of BEREC. _________________ 28Joint Statement of the Parliament, Council and the Commission on decentralised agencies of 19 July 2012.
Amendment 197 #
Proposal for a regulation
Recital 10
Recital 10
(10) BEREC, as a technical body with expertise on electronic communications and composed of representatives from NRAs and the Commission, is best placed to be entrusted with tasks such as deciding on certain issues with a cross-border dimension, contributing to efficient internal market procedures for draft national measures (both as regards market regulation and assignments of rights of use for radio spectrum), providing the necessary guidelines to NRAs in order to ensure common criteria and a consistent regulatory approach, and keeping certain registries at Union level. This is without prejudice to the tasks established for NRAs, which are closest to the electronic communications markets and their local conditions. In order to carry out its tasks, the agency would require adequate financial and human resources and would also continue the pooling of expertise from NRAs.
Amendment 204 #
Proposal for a regulation
Recital 12
Recital 12
(12) Compared to the situation in the past where both a Board of Regulators and a Management Committee were running in parallel, having a single board giving general orientations for the activities of BEREC, deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency, coherence and performance of the agency. To this end, the Management Board should carry the relevant functions and should consist, in addition of two representatives of the Commission, of the Head, or otherwise a member of the collegiate body, of each NRA, who are protected by dismissal requirements.
Amendment 206 #
Proposal for a regulation
Recital 13
Recital 13
(13) In the past the appointing authority powers were exercised by the Vice-Chair of the Management Committee of the BEREC Office. The Management Board of the new agency should delegate relevant appointing authority powers to the Executive DirectorSecretary-General, who would be authorised to sub-delegate those powers. This would contribute to an efficient management of the BEREC staff as well as to ensuring that the Management Committee, as well as the Chairperson and Deputy Chairperson, can concentrate on their functions.
Amendment 212 #
Proposal for a regulation
Recital 16
Recital 16
(16) The role of the Executive DirectorSecretary-General, who would be the legal representative of BEREC, 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 procedureuncil in order to guarantee a rigourous evaluation of the candidates and a high level of independenceconfer specific legitimacy on him/her resting on the Member States. It is necessary that the Executive DirectorSecretary-General has a sufficiently long mandate in order to ensure stability and delivery of a long-term strategy for the agency.
Amendment 224 #
Proposal for a regulation
Recital 18
Recital 18
(18) As BEREC is not 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 Council 33. _________________ 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).
Amendment 233 #
Proposal for a regulation
Recital 22
Recital 22
(22) As a Union decentralisedn independent agency, BEREC should operate within its mandate and the existing institutional framework. It should not be seen as representing a Union position to an outside audience or as committing the Union to legal obligations.
Amendment 253 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) assist, advise and cooperate with the Commission as well as NRAs, on request or on its own initiative, on any technical matter within its mandate, and assist and advise the Commission, the European Parliament and the Council on request;
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 263 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 271 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 276 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Without prejudice to compliance with relevant Union law, NRAs shall comply with any decision and take the utmosttake account of anythe opinions, guidelines, recommendations and best practices adopted by BEREC with the aim of ensuring athe correct implementation of the regulatory framework for electronic communications within the scope referred to in Article 1(2).
Amendment 299 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– an Executive DirectorA Secretary-General, which shall exercise the responsibilities set out in Article 9;
Amendment 302 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 4
Article 3 – paragraph 1 – indent 4
Amendment 305 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The Management Board shall be composed of one representative from each Member State and two representatives of the Commission, all with voting rights. Each NRA shall be responsible for nominating its respective representative amongst the Head or members of the collegiate body of the NRA.
Amendment 312 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) give the general orientations for BEREC’s activities and adopt each year BEREC’s single programming document by a majority of two-thirdsthrough the unanimous approval of members entitled to vote, taking into account the opinion of the Commission and in accordance with Article 15;
Amendment 313 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) adopt, by a majority of two-thirdsthrough the unanimous approval of members entitled to vote, the annual budget of BEREC and exercise other functions in respect of BEREC’s budget pursuant to Chapter III;
Amendment 316 #
Proposal for a regulation
Article 5 – paragraph 1 – point m
Article 5 – paragraph 1 – point m
(m) appoint the Executive DirectorSecretary-General and where relevant extend his/her term of office or remove him/her from office in accordance with Article 22;
Amendment 318 #
Proposal for a regulation
Article 5 – paragraph 1 – point o
Article 5 – paragraph 1 – point o
Amendment 325 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Executive DirectorSecretary-General of BEREC shall take part in the deliberations, without the right to vote.
Amendment 326 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Without prejudice to Articles 5(1) (a) and (b) and 22(8), the Management Board shall take decisions by a majority of two-thirds of members with voting rights.
Amendment 328 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Executive DirectorSecretary-General shall not take part in the voting.
Amendment 332 #
Proposal for a regulation
Chapter 2 – section 2 – title
Chapter 2 – section 2 – title
Amendment 334 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Responsibilities of the Executive DirectorSecretary-General
Amendment 338 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Executive Director shall manage BEREC. The Executive DirectorSecretary-General shall take care of the administrative management of BEREC. The Secretary-General shall be accountable to the Management Board.
Amendment 342 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to the powers of the Commission and the Management Board, the Executive DirectorSecretary- General shall be independent in the performance of his/her duties and shall neither seek nor take instructions from any government, institution, person or body.
Amendment 345 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Executive DirectorSecretary-General shall report to the European Parliament on the performance of his/her duties when invited to do so. The Council may invite the Executive DirectorSecretary-General to report on the performance of his/her duties.
Amendment 348 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Executive DirectorSecretary-General shall be the legal representative of BEREC.
Amendment 352 #
Proposal for a regulation
Article 9 – paragraph 5 – introductory part
Article 9 – paragraph 5 – introductory part
5. The Executive DirectorSecretary-General shall be responsible for the implementation of BEREC’s tasks. In particular, the Executive DirectorSecretary-General shall be responsible for:
Amendment 353 #
Proposal for a regulation
Article 9 – paragraph 5 – point c
Article 9 – paragraph 5 – point c
(c) preparing,, in coordination with the NRAs, the single programming document and submitting it to the Management Board;
Amendment 354 #
Proposal for a regulation
Article 9 – paragraph 5 – point f
Article 9 – paragraph 5 – point f
(f) preparing an action plan following- up conclusions of internal or external audit reports and evaluations, as well as investigations by the OLAF and reporting on progress twice a year to the Commission and regularly to the Management Board;
Amendment 356 #
Proposal for a regulation
Article 9 – paragraph 5 – point g
Article 9 – paragraph 5 – point g
(g) protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, by carrying out effective checks, and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative measures, including financial penalties;
Amendment 357 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 364 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Management Board shall appoint the members of the working groups, which may be participated in by experts from the NRAs, the Commission, BEREC staff and the NRAs of third countries participating in the work of BEREC.
Amendment 365 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
In the case of the working groups which are set up to carry out the tasks referred to in the third indent of Article 2(1)(d), their members shall be appointed from the lists of qualified experts provided by the NRAs, the Commission and the Executive Director.
Amendment 367 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
In the case of the working groups which are set up to carry out the tasks referred to in the second indent of Article 2(1)(d), their members shall be appointed exclusively from the lists of qualified experts provided by the NRAs and the Executive Director.
Amendment 369 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The working groups shall be coordinated and moderated by a member of the staff of BERECan NRA, who shall be designated according to the internal rules of procedure.
Amendment 371 #
Proposal for a regulation
Article 11
Article 11
Amendment 374 #
Proposal for a regulation
Article 12
Article 12
Amendment 375 #
Proposal for a regulation
Article 13
Article 13
Amendment 376 #
Proposal for a regulation
Article 14
Article 14
Amendment 378 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Each year, the Executive DirectorSecretary-General shall draw up a draft programming document containing annual and multiannual programming (‘single programming document’) in line with Article 32 of Commission Delegated Regulation (EU) No 1271/2013 and taking into account guidelines set by the Commission38. _________________ 38Commission Communication on the guidelines for programming document for decentralised agencies and the template for the Consolidated Annual Activity Report for decentralised agencies (C(2014) 9641).
Amendment 379 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 3
Article 15 – paragraph 1 – subparagraph 3
The Management Board shall subsequently adopt the single programming document taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission, as well as any later updated version of that document.
Amendment 383 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The draft estimate of BEREC’s revenue and expenditure shall be sent by the Executive Director to the CommissionSecretary-General to the Council and the Member States by 31 January each year. The information contained in the draft estimate of BEREC’s revenue and expenditure and in the draft single programming document referred to in Article 15(1) shall be coherent.
Amendment 384 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Commissionuncil shall send the draft estimate to the budgetary authority together with the draft general budget of the Union.
Amendment 385 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Executive DirectorSecretary-General shall implement BEREC’s budget.
Amendment 386 #
2. Each year the Executive DirectorSecretary-General shall send to the budgetary authority all information relevant to the findings of evaluation procedures.
Amendment 387 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. On receipt of the Court of Auditors’ observations on BEREC’s provisional accounts, BEREC’s accounting officer shall draw up BEREC’s final accounts under his/her own responsibility. The Executive DirectorSecretary-General shall submit the final accounts to the Management Board for an opinion.
Amendment 388 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Executive DirectorSecretary-General shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board’s opinion.
Amendment 389 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Executive DirectorSecretary-General shall send the Court of Auditors a reply to its observations by 30 September. The Executive DirectorSecretary-General shall also send this reply to the Management Board.
Amendment 390 #
Proposal for a regulation
Article 19 – paragraph 8
Article 19 – paragraph 8
8. The Executive DirectorSecretary-General shall submit to the European Parliament, at the latter’s request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 165(3) of Financial Regulation 39. _________________ 39 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012).
Amendment 391 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The financial rules applicable to BEREC shall be adopted by the Management Board after consulting the Commission. They shall not depart from Regulation (EU) No 1271/2013 unless such a departure is specifically required for BEREC’s operation and the Commission has given its prior consent.
Amendment 393 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Executive DirectorSecretary-General shall be engaged as a temporary agent of BEREC in accordance with Article 2(a) of the Conditions of Employment of Other servants.
Amendment 394 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
The Executive DirectorSecretary-General shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedureuncil, by unanimous decision.
Amendment 396 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 2
Article 22 – paragraph 2 – subparagraph 2
For the purpose of concluding the contract with the Executive DirectorSecretary-General, BEREC shall be represented by the Chairperson of the Management Board.
Amendment 398 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The term of office of the Executive DirectorSecretary- General shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director’s performance and BEREC’s future tasks and challengesManagement Board shall submit an evaluation of the Secretary- General’s performance. This evaluation shall be forwarded to the Council and the European Parliament.
Amendment 400 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Management Board, acting on a proposal from the Commission thatfollowing consultation of the European Parliament and the Council, and takesing into account the assessment referred to in paragraph 3, may extend the term of office of the Executive DirectorSecretary-General once, for no more than five years.
Amendment 402 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The Management Board shall inform the European Parliament if it intends to extend the Executive Director’s term of office. Within one month before any such extension, the Executive DirectorEuropean Parliament and the Council shall have two months from the date of receipt of the evaluation referred to in paragraph 3 in which to give their opinion. By default, it will be deemed positive. The Secretary-General may be invited to make a statement before the competent committee of the Parliament and to answer questions put by its members. within this period.
Amendment 403 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. An Executive DirectorSecretary-General whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.
Amendment 404 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The Executive DirectorSecretary-General may be removed from office only upon a decision of the Management Board acting on a proposal from the Commissionuncil or the European Parliament.
Amendment 406 #
Proposal for a regulation
Article 22 – paragraph 8
Article 22 – paragraph 8
8. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two- thirds majoritySecretary-General by the unanimous approval of its members with voting rights.
Amendment 411 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. BEREC shall be represented by the Executive DirectorSecretary-General.
Amendment 412 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
To this end, BEREC may, subject to prior approval by the Commission, establish working arrangements. These arrangements shall not create legal obligations incumbent on the Union and its Member States.
Amendment 416 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Members of the Management Board, the Executive Director, members of the Board of Appeal, seconded national expertsSecretary-General, other staff not employed by the BEREC Office and experts participating in working groups shall comply with the confidentiality requirements under Article 339 of the Treaty, even after their duties have ceased.
Amendment 417 #
Proposal for a regulation
Article 30 – paragraph 4 – subparagraph 1
Article 30 – paragraph 4 – subparagraph 1
Where information is not available or is not made available by the NRAs in a timely fashion or in circumstances where a direct request by BEREC would prove more efficient and less burdensome, BEREC may address a duly justified and reasoned request to other authorities or directly to the relevant undertakings providing electronic communications networks, services and associated facilities, with the prior agreement of the NRA of the country in question.
Amendment 418 #
Proposal for a regulation
Article 30 – paragraph 4 – subparagraph 2
Article 30 – paragraph 4 – subparagraph 2
Amendment 423 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Members of the Management Board, the Executive DirectorSecretary-General, seconded national experts and other staff not employed by BEREC shall each make a declaration indicating their commitment and the absence or presence of any direct or indirect interest which might be considered prejudicial to their independence.
Amendment 424 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
The declarations shall be accurate and complete, made in writing and updated whenever necessary. The declarations of interests made by the members of the Management Board and the Executive DirectorSecretary- General shall be made public.
Amendment 426 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Members of the Management Board, the Executive DirectorSecretary-General, seconded national experts, other staff not employed by BEREC and experts participating in working groups shall each accurately and completely declare, at the latest at the start of each meeting, any interest which might be considered prejudicial to their independence in relation to the items on the agenda, and shall abstain from participating in the discussion of and voting upon such points.
Amendment 427 #
Proposal for a regulation
Article 36
Article 36
Amendment 432 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The necessary arrangements concerning the accommodation to be provided for BEREC 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 Executive DirectorSecretary-General, members of the Management Board, BEREC staff and members of their families shall be laid down in a Headquarters Agreement between BEREC and the Member State where the seat is located, concluded after obtaining the approval of the Management Board and no later than two years after the entry into force of this regulation.
Amendment 435 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. No later than five years from the day of entry into force of this regulation, and every five years thereafter, the Commission shall perform an evaluation in compliance with the Commission guidelinesManagement Board shall forward an evaluation report to the Council and the European Parliament to assess BEREC’s performance in relation to its objectives, mandate, tasks and location(s). The evaluation shall, in particular, address the possible need to modify the mandate of BEREC, and the financial implications of any such modification.
Amendment 436 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Where the CommissionEuropean Parliament or the Council considers that the continuation of BEREC is no longer justified with regard to its assigned objectives, mandate and tasks, ithey may propose that this regulation be amended accordingly or repealed.
Amendment 437 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 439 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
With effect from [the date of entry into force of this regulation] and until the Executive DirectorSecretary-General takes up his/her duties following his/her appointment by the Management Board in accordance with Article 22, the Administrative Manager appointed on the basis of Regulation (EC) No 1211/2009 shall, for the remaining period of his/her term of office, act as interim Executive DirectorSecretary-General with the functions provided for in this regulation. The other conditions of the Administrative Manager’s contract shall remain unchanged.
Amendment 440 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
As interim Executive DirectorSecretary-General, he/she shall exercise the appointing authority powers. He/she may authorise all payments covered by appropriations entered in BEREC’s budget after approval by the Management Board and may conclude contracts, including staff contracts, following the adoption of BEREC’s establishment plan.
Amendment 441 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1
Article 39 – paragraph 3 – subparagraph 1
The contract of employment of the Administrative Manager appointed on the basis of Regulation (EC) No 1211/2009 shall be terminated at the the end of his/her term of office or the day when the Executive DirectorSecretary-General takes up his/her duties following his/her appointment by the Management Board in accordance with Article 22, whichever is the earlier.