In accordance with 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) – the ‘BEREC Regulation’ – the Management Board (MB) is composed of persons appointed as members of the Body of European Regulators for Electronic Communications (BEREC’s) Board of Regulators (BoR) and one high level representative of the European Commission (EC). Each member of the MB has the right to vote during the meetings of the MB. Moreover, each National Regulatory Authority (NRA) may also appoint any other person than the member of the BoR as their MB member. Participation in the meetings of the MB is also open to representatives of independent NRAs of third countries competent in the field of electronic communications and with whom working arrangements have been established. Such participants may not vote during meetings of the MB. Any other person whose opinion may be of interest to the MB in the light of their expertise may be invited to its meetings as an observer.
Usually, the Chairperson and Deputy Chairpersons of the MB are the appointed Chair and Vice Chairs of the BoR. However, with a majority of two-thirds of its members, the MB is able to elect any other person of the MB as its Chairperson and Deputy Chairpersons.
In any event, the members of the MB and their alternates may not seek or take instructions from any government, institution, person or body and their independence must be preserved.
The MB has the following administrative functions:
- provide general orientations for the activities of the BEREC Office and adopt, on an annual basis, the BEREC Office’s single programming document by a majority of two thirds of its members, taking into account the opinion of the EC;
- adopt, by a majority of two-thirds of its members, the annual budget of the BEREC Office and exercise other functions in respect of the BEREC Office’s budget;
- adopt, make public and proceed with an assessment of the consolidated annual activity report on the BEREC Office’s activities and submit both the report and its assessment, by 1 July each year to the European Parliament, the European Council, the EC and the Court of Auditors;
- adopt the financial rules applicable to the BEREC Office;
- adopt an anti-fraud strategy, proportionate to fraud risks, taking into account the costs and benefits of the measures to be implemented;
- ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-Fraud Office;
- adopt rules for the prevention and management of conflicts of interests;
- adopt and regularly update the communication and dissemination plans, based on an analysis of needs;
- adopt its rules of procedure;
- adopt implementing rules for giving effect to the Staff Regulations of Officials of the European Union (EU) and the Conditions of Employment of Other Servants of the EU;
- exercise, with respect to the staff of the BEREC Office, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment (the ‘appointing authority powers’);
- appoint the Director and, where relevant, extend their term of office or remove him/her from office;
- appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of Other Servants, who must be wholly independent in the performance of their duties;
- take all decisions on the establishment of the BEREC Office’s internal structures and, where necessary, their modification, taking into consideration the BEREC Office’s activity needs as well as having regard to sound budgetary management.
Usually, the MB holds its meetings together with the BoR during the ordinary plenary meetings. It comes together at least twice per year, while the Chairperson has the opportunity, after consulting the Director of the BEREC Office, to convene extraordinary meetings. Moreover, an extraordinary meeting may also be requested by the EC or by at least three of its members. During the MB meetings, the members discuss and present the documents submitted and, ultimately, vote on their adoption. The meeting quorum is achieved when at least two-thirds of all MB members eligible to vote are present.
Unless specified otherwise in the BEREC Regulation, the MB must vote by a simple majority. In specific cases, a two-thirds majority of the MB members is required. Those specific cases are the adoption of the BEREC Office Single Programming Document, the annual budget of the BEREC Office, the election of the Chairperson and Deputy Chairpersons and the decision on the appointment, extension of the term of office or removal from office of the Director of the BEREC Office. The voting itself must be either made by a show of hands or by a secret ballot where, in the case of the latter, a request must be made by at least two members present and supported by a majority of members.
If a meeting is not practical or a decision cannot wait until the next ordinary meeting takes place, the Chairperson may initiate an electronic voting procedure to seek a decision by the MB. For any electronic voting round to be valid, at least two-thirds of the members must cast their vote or formally abstain. If the procedure remains undecided, an extraordinary meeting may be convened by the Chairperson.
The documents approved by the MB for publication are made available under All Documents on the BEREC website.