33 Amendments of Pilar DEL CASTILLO VERA related to 2016/0286(COD)
Amendment 171 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Body of European Regulators for Electronic Communications (BEREC) and the BEREC Office (Text with EEA relevance)
Amendment 190 #
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 agency.
Amendment 196 #
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 wouldBEREC Office requires adequate financial and human resources and would also continue the pooling of expertise from NRAs.
Amendment 199 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) BEREC should also serve as a body for reflection, debate and advice for the European Parliament, the Council and the Commission in the electronic communications field. BEREC should, accordingly, provide advice to the European Parliament, the Council and the Commission, upon their request or on its own initiative.
Amendment 202 #
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,The Management Board should be responsible for the relevant administrative and budgetary management matters and should consist, in addition of the Head, or otherwise a member of the collegiate body, of each NRA, who a and of one re protected by dismissal requirementsesentative of the Commission.
Amendment 222 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 227 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The BEREC Office should have sufficient financial and human resources to carry out its tasks. The increased number of tasks assigned to BEREC and complexity of the tasks requested from the BEREC Office should be duly reflected in resource programming of the BEREC Office. Furthermore, the BEREC Office's composition of human resources should reflect the need for adequate balance between the temporary agents and external personnel.
Amendment 228 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) On 24th February 2011, a Headquarters Agreement ('Seat Agreement') was concluded between the Office of the Body of European Regulators for Electronic Communications (The BEREC Office) and the Government of the Republic of Latvia.
Amendment 229 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to guarantee the BEREC Office’s autonomy and independence, it should have its own budget, most of which comes essentially from a contribution from the Union. The Budget should reflect additional tasks assigned and enhanced role of the BEREC Office and BEREC. The financing of BEREC should be subject to an agreement by the budgetary authority as set out in point 31 of the Inter- institutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management35 . _________________ 35 Inter-institutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (OJ C 373, 20.12.2013, p. 1).
Amendment 236 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to further extend the consistent implementation of the provisions of the regulatory framework for electronic communications within the scope of BEREC, ithe new agency should be open to the participation of regulatory authorities of third countries competent in the field of electronic communications that have entered into agreements with the Union to that effect, in particular those of EEA EFTA States and candidate countries.
Amendment 240 #
Proposal for a regulation
Recital 28
Recital 28
(28) The BEREC Office, which was established as a Community body with legal personality by Regulation (EC) No 1211/2009, is succeeded by the BEREC Office as regards all ownership, agreements, legal obligations, employment contracts, financial commitments and liabilities. BEREC should take over the staff of the BEREC Office whose rights and obligations should not be affected,
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The Body of European Regulators for Electronic Communications (‘BEREC’) isand the BEREC Office are hereby established.
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. BEREC shall carry out its tasks independently, impartially and transparently.
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) issue recommendations and best practices, addressed to the NRAs in order to encourage better and consistent implementation on any technical matter within its mandate;
Amendment 257 #
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) assist, advise, including by means of reports, the European Parliament and the Council, following a reasoned request or on its own initiative on any matter regarding electronic communications within its competence;
Amendment 274 #
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) evaluate the implementation and evolution of the abolishment of roaming charges in the Union, in particular by observing tariff fluctuations in domestic markets after 15 June 2017, in accordance with Regulation (EU) 2017/... [amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets] and Regulation (EU) No 2015/2120;
Amendment 275 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. BEREC´s tasks shall be published on the website and updated accordingly to new assignments.
Amendment 277 #
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 into account of any opinion, guideline, recommendation and best practice adopted by BEREC with the aim of ensuring a consistent implementation of the regulatory framework for electronic communications within the scope referred to in Article 1(2).
Amendment 290 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 292 #
Proposal for a regulation
Article 2 b (new)
Article 2 b (new)
Article 2 b Tasks of BEREC Office The BEREC Office shall, in particular, have the following tasks: (a) to provide professional and administrative support services to BEREC; (b) to collect information from NRAs and exchange and transmit information in relation to the tasks of BEREC set out in Article 2; (c) to disseminate regulatory best practices among NRAs, in accordance with point ad of Article 2(1); (d) to assist in the preparation of the work and provide other support to ensure the smooth functioning of the Board of Regulators, the Contact Network and the Working Groups; (e) to participate in the activities of the Working Groups upon decision by their Co-Chairs; (f) to assist in the preparation and provide other support to ensure the smooth functioning of the Management Board; (g) to assist BEREC in public consultations.
Amendment 307 #
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 twoone 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 317 #
Proposal for a regulation
Article 5 – paragraph 1 – point n
Article 5 – paragraph 1 – point n
(n) appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of other servants, who shall be totally independent in the performance of his/her duties. The BEREC Office may appoint the Commission’s Asame accounting officer as another Union body. The BEREC Office may also agree with the Commission that the accounting Oofficer asof the Commission shall also act as Accounting Officer of the BEREC; Office;
Amendment 355 #
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 twionce a year to the Commission and regularly to the Management Board;
Amendment 377 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
ESTABLISHMENT AND STRUCTURE OF THE BUDGET OF THE BEREC OFFICE
Amendment 380 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the BEREC's annual work programme as referred to in Article 2e(5) and with the multi-annual work programme referred to in paragraph 4. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year. Any additional tasks shall be assessed in light of the available resources.
Amendment 381 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each year, the Executive Director shall draw up a provisional draft estimate of the BEREC Office’s revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board.
Amendment 382 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 408 #
1. The BEREC Office shall be an official body of the Union. It shall have legal personality.
Amendment 422 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Members and their alternates of the Management Board, and the ExecutivBoard of Regulators, the Director, seconded national experts and other staff not employed by the BEREC Office 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 425 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Members and their alternates of the Management Board, the Executiv and of the Board of Regulators, the Director, seconded national experts, other staff not employed by the BEREC Office 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 431 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The necessary 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 Executive 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 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.Office and the host Member State;
Amendment 434 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The BEREC Office’s host Member State, Latvia, 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.
Amendment 438 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1