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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)

article  4

CELEX:  32018R1971

1. BEREC shall have the following regulatory tasks:
(a) to assist and advise the NRAs, the European Parliament, the Council and the Commission, and cooperate with the NRAs and the Commission, upon request or on its own initiative, on any technical matter regarding electronic communications within its competence;
(b) to assist and advise the Commission, upon request, in relation to the preparation of legislative proposals in the field of electronic communications, including on any proposed amendment of this Regulation or of Directive (EU) 2018/1972;
(c) to issue opinions as referred to in Regulation (EU) No 531/2012 and Directive (EU) 2018/1972, in particular on:
(i) the resolution of cross-border disputes, in accordance with Article 27 of Directive (EU) 2018/1972;
(ii) draft national measures related to the internal market procedures for market regulation, in accordance with Articles 32, 33 and 68 of Directive (EU) 2018/1972;
(iii) draft decisions and recommendations on harmonisation, in accordance with Articles 38 and 93 of Directive (EU) 2018/1972;
(iv) end-to-end connectivity between end-users, in accordance with Article 61(2) of Directive (EU) 2018/1972;
(v) the determination of a single maximum Union-wide mobile voice termination rate and a single maximum Union-wide fixed voice termination rate, in accordance with Article 75 of Directive (EU) 2018/1972;
(vi) the contract summary template, in accordance with Article 102 of Directive (EU) 2018/1972;
(vii) the national implementation and functioning of the general authorisation, and their impact on the functioning of the internal market, in accordance with Article 122(3) of Directive (EU) 2018/1972; (viii) where relevant, the market and technological developments regarding the different types of electronic communications services and their impact on the application of Title III of Part III of Directive (EU) 2018/1972, in accordance with Article 123(1) of that Directive;
(d) to issue guidelines on the implementation of the Union regulatory framework for electronic communications, in particular, as referred to in Regulations (EU) No 531/2012 and (EU) 2015/2120 and Directive (EU) 2018/1972, on:
(i) the notification template, in accordance with Article 12 of Directive (EU) 2018/1972;
(ii) the consistent implementation of obligations as regards geographical surveys and forecasts, in accordance with Article 22 of Directive (EU) 2018/1972;
(iii) relevant criteria to foster the consistent application of Article 61(3) of Directive (EU) 2018/1972;
(iv) common approaches to the identification of the network termination point in different network topologies, in accordance with Article 61(7) of Directive (EU) 2018/1972;
(v) common approaches to meet transnational end-user demand, in accordance with Article 66 of Directive (EU) 2018/1972;
(vi) minimum criteria for a reference offer, in accordance with Article 69 of Directive (EU) 2018/1972;
(vii) the fostering of the consistent application by NRAs of the conditions set out in Article 76(1) of, and the criteria set out in Annex IV to, Directive (EU) 2018/1972; (viii) criteria for a network to be considered a very high capacity network, in accordance with Article 82 of Directive (EU) 2018/1972;
(ix) common criteria for the assessment of the ability to manage numbering resources and of the risk of exhaustion of numbering resources, in accordance with Article 93 of Directive (EU) 2018/1972;
(x) relevant quality of service parameters, the applicable measurement methods, the content and format of publication of the information, and quality certification mechanisms, in accordance with Article 104 of Directive (EU) 2018/1972;
(xi) how to assess whether the effectiveness of public warning systems under Article 110(2) of Directive (EU) 2018/1972 is equivalent to the effectiveness of those under paragraph 1 of that Article;
(xii) wholesale roaming access, in accordance with Article 3(8) of Regulation (EU) No 531/2012; (xiii) the implementation of NRAs’ obligations as regards open internet access, in accordance with Article 5(3) of Regulation (EU) 2015/2120;
(xiv) the parameters to be taken into account by NRAs in their assessment of the sustainability of the domestic charging model, in accordance with Article 5a(6) of Regulation (EU) 2015/2120;
(e) to issue other guidelines ensuring the consistent implementation of the regulatory framework for electronic communications and consistent regulatory decisions by the NRAs, on its own initiative or upon the request of an NRA, the European Parliament, the Council or the Commission, in particular for regulatory issues affecting a significant number of Member States or with a cross-border element;
(f) where relevant, to participate in the Peer Review Forum on draft measures on selection procedures, in accordance with Article 35 of Directive (EU) 2018/1972;
(g) to participate on issues concerning its competence relating to market regulation and competition related to radio spectrum, in accordance with Article 4 of Directive (EU) 2018/1972;
(h) to conduct analyses of potential transnational markets in accordance with Article 65 of Directive (EU) 2018/1972 and of transnational end-user demand, in accordance with Article 66 of that Directive;
(i) to monitor and collect information and, where relevant, make up-to-date information publicly available on the application of Regulation (EU) No 531/2012, in accordance with Articles 16 and 19 thereof;
(j) to report on technical matters within its competence, in particular on:
(i) the practical application of the opinions and guidelines referred to in points (c), (d) and (e);
(ii) Member States’ best practices to support the defining of adequate broadband internet access service, in accordance with Article 84 of Directive (EU) 2018/1972;
(iii) the evolution of pricing and consumption patterns both for domestic and roaming services, the evolution of actual wholesale roaming rates for unbalanced traffic, the relationship between retail prices, wholesale charges and wholesale costs for roaming services as well as on transparency and comparability of tariffs, in accordance with Article 19 of Regulation (EU) No 531/2012;
(iv) the outcomes of the annual reports that NRAs shall provide in accordance with Article 5 of Regulation (EU) 2015/2120, through the publication of an annual synthesis report;
(v) the market developments in the electronic communications sector, on an annual basis;
(k) to issue recommendations and common positions, and disseminate regulatory best practices addressed to the NRAs in order to encourage the consistent and better implementation of the regulatory framework for electronic communications;
(l) to establish and maintain a database of:
(i) the notifications transmitted to the competent authorities by undertakings subject to general authorisation, in accordance with Article 12 of Directive (EU) 2018/1972;
(ii) the numbering resources with a right of extraterritorial use within the Union, in accordance with the fourth subparagraph of Article 93(4) of Directive (EU) 2018/1972;
(iii) where relevant, E.164 numbers of Member State emergency services, in accordance with the third subparagraph of Article 109(8) of Directive (EU) 2018/1972;
(m) to evaluate the needs for regulatory innovation and coordinate actions between NRAs to enable the development of new innovative electronic communications;
(n) to promote the modernisation, coordination and standardisation of the collection of data by NRAs, such data being made available to the public in an open, reusable and machine-readable format on the BEREC website and the European data portal, without prejudice to intellectual property rights, personal data protection rules and the required level of confidentiality;
(o) to carry out other tasks assigned to it by legal acts of the Union, in particular by Regulations (EU) No 531/2012 and (EU) 2015/2120 and Directive (EU) 2018/1972.
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)

article  4

CELEX:  32018R1971

5. BEREC shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period having regard to the complexity of the matter. Save in exceptional circumstances, that period shall not be shorter than 30 days. BEREC shall, without prejudice to Article 38, make the results of such public consultations publicly available. Such consultations shall take place as early as possible in the decision-making process.
6. BEREC may, where appropriate, consult and cooperate with relevant national authorities, such as those competent in the fields of competition, consumer protection and data protection.
7. BEREC may, where appropriate, cooperate with competent Union bodies, offices, agencies and advisory groups, as well as with the competent authorities of third countries and with international organisations, in accordance with Article 35(1).
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)

article  4

CELEX:  32018R1971

2. BEREC shall make public its regulatory tasks and shall update that information when new tasks are assigned to it.
3. BEREC shall make public all of its final opinions, guidelines, reports, recommendations, common positions and best practices, and any commissioned studies, as well as the relevant draft documents for the purpose of the public consultations referred to in paragraph 5.
4. Without prejudice to compliance with relevant Union law, NRAs and the Commission shall take the utmost account of any guideline, opinion, recommendation, common position and best practices adopted by BEREC with the aim of ensuring the consistent implementation of the regulatory framework for electronic communications within the scope referred to in Article 3(1). Where an NRA deviates from the guidelines referred to in point (e) of paragraph 1, it shall provide the reasons therefor.