Decision No MB/2023/07 of the Management Board of the Agency for Support for BEREC (BEREC Office) to establish Working Arrangements between the NRAs of Albania, Bosnia & Herzegovina, Kosovo*, Montenegro, North Macedonia, Serbia and the Body of European Regulators for Electronic Communications (BEREC)

Document number: MB/2023/07

Document date: 09-06-2023

Date of registration: 13-06-2023

Author: BEREC Office MB

In March 2019, the Commission adopted six decisions concerning the participation of the NRAs of those countries in BEREC. In particular, it allowed the NRAs of Western Balkans (including Kosovo*) to participate in the Board of Regulators and working groups of BEREC and in the management board of the BEREC Office.

In June 2019, Spain brought an action for annulment of that decision before the General Court of the European Union. That action was dismissed by judgment of 23 September 2020, Spain vs Commission (T-370/19). Spain lodged an appeal against that judgment in November 2020.

As a result the Court of Justice annulled the Commission’s decision, since the Commission did not have the power to adopt it (See Provisional text of the Judgement of the Court in Case C-632/20 P). In particular, according to the Court of Justice the power to draw up working arrangements applying to the participation of NRAs of third countries lies with BEREC and the BEREC Office.

However, in order not to jeopardise the participation of the NRA of Kosovo* in BEREC, the Court of Justice rules that the effects of the Commission’s decision are to be maintained until the entry into force of any new working arrangements concluded between BEREC, the BEREC Office and the NRA of Kosovo*. The effects of that decision may not, however, be maintained beyond a reasonable period of six months from the day of the decision.

This Judgement refers only to a specific Commission decision, however, it has implications for all the other Commissions’ decisions concerning participation of NRAs in the work of BEREC and BEREC Office. As a result the new set of Working Arrangements was agreed with NRAs participating in the work of BEREC and BEREC Office which were adopted at the 55th Plenary meetings held in Budva, Montenegro on 8-9 June 2023.