Organisational structure of the BEREC Office
Article 14
The BEREC Office shall comprise: (a) a Management Board; (b) a Director.
Regulation (EU) 2018/1971 CHAPTER V — ORGANISATION OF THE BEREC OFFICE
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Composition of the Management Board
Article 15
1. The Management Board shall be composed of the persons appointed as members of the Board of Regulators and of one high level representative of the Commission. Each member of the Management Board shall have the right to vote. Each appointing NRA, as referred to in the second subparagraph of Article 7(1), may appoint a person other than the member of the Board of Regulators as member of the Management Board. That person shall be the head of the NRA, a member of its collegiate body, or the replacement of either of them. 2. Each member of the Management Board shall have an alternate who represents the member in his or her absence. The alternates of each member shall be the persons appointed as alternates of the members of the Board of Regulators. The representative of the Commission shall also have an alternate. Each appointing NRA, as referred to in the second subparagraph of Article 7(1), may appoint a person other than the alternate of the member of the Board of Regulators as the alternate of the member of the Management Board. That person shall be the head of the NRA, a member of its collegiate body, the replacement of either of them, or the staff of the NRA. 3. The members of the Management Board and their alternates shall neither seek nor take instructions from any government, institution, person or body. 4. An up-to-date list of members of the Management Board and their alternates, together with their declarations of interests, shall be made public.
Administrative Functions of the Management Board
Article 16
1. The Management Board shall have the following administrative functions: (a) to provide general orientations for the BEREC Office’s activities 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 Commission and in accordance with Article 23; (b) to 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 pursuant to Chapter VII; (c) to adopt, make public and proceed with an assessment of the consolidated annual activity report on the BEREC Office’s activities referred to in Article 27 and submit both the report and its assessment, by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors; (d) to adopt the financial rules applicable to the BEREC Office in accordance with Article 29; (e) to adopt an anti-fraud strategy proportionate to fraud risks, taking into account the costs and benefits of the measures to be implemented; (f) to 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 (OLAF); (g) to adopt rules for the prevention and management of conflicts of interests as referred to in Article 42(3); (h) to adopt and regularly update the communication and dissemination plans referred to in Article 37(2), based on an analysis of needs; (i) to adopt its rules of procedure; (j) to adopt implementing rules for giving effect to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union ( 18 ) , in accordance with Article 110 of the Staff Regulations; (k) without prejudice to the decision referred to in the first subparagraph of paragraph 2, to 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’); (l) to appoint the Director and, where relevant, extend his or her term of office or remove him or her from office in accordance with Article 32; (m) to appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of Other Servants, who shall be wholly independent in the performance of his or her duties; (n) to 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. With regard to point (m) of the first subparagraph, the BEREC Office may appoint the same Accounting Officer as another Union body or institution. In particular, the BEREC Office and the Commission may agree that the Commission’s accounting officer shall also act as Accounting Officer of the BEREC Office. 2. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Director and specifying the conditions under which this delegation of powers can be suspended. The Director shall be authorised to sub-delegate those powers. Where exceptional circumstances so require, the Management Board may, by way of a decision, temporarily suspend the delegation of the appointing authority powers to the Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a member of staff other than the Director.
Chairperson and Deputy Chairpersons of the Management Board
Article 17
1. The Chairperson and the Deputy Chairpersons of the Management Board shall be the persons appointed as the Chair and Vice-Chairs of the Board of Regulators. The same term of office shall apply. By derogation from the first subparagraph, the Management Board may, by a majority of two thirds of its members, elect other members of the Management Board as Chairperson or Deputy Chairperson(s) from among its members, representing Member States. Their term of office shall be the same as that of the Chair and Vice-Chairs of the Board of Regulators. 2. One of the Deputy Chairpersons shall automatically assume the duties of the Chairperson if the latter is not in a position to perform those duties. 3. The Chairperson of the Management Board shall report to the European Parliament and to the Council on the carrying out of the tasks of the BEREC Office when invited to do so.
Meetings of the Management Board
Article 18
1. The Chairperson shall convene the meetings of the Management Board. 2. The Director of the BEREC Office shall take part in the deliberations, except those related to Article 32, without the right to vote. 3. The Management Board shall hold at least two ordinary meetings a year. In addition, the Chairperson shall convene extraordinary meetings on his or her own initiative, upon the request of the Commission, or of at least three of its members. 4. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer. 5. The members of the Management Board and their alternates may, subject to its rules of procedure, be assisted at the meetings by advisers or experts. 6. The BEREC Office shall provide the secretariat for the Management Board.
Voting rules of the Management Board
Article 19
1. The Management Board shall take decisions by a simple majority of its members, unless otherwise provided for in this Regulation. 2. Each member shall have one vote. In the absence of a member, the alternate shall be entitled to exercise the right to vote. In the absence of a member and the alternate, the right to vote may be delegated to another member. 3. The Chairperson may delegate the right to vote in any event. He or she shall take part in the voting unless he or she has delegated the right to vote. 4. The Management Board’s rules of procedure shall establish more detailed voting arrangements, in particular the procedure for voting on urgent matters and the circumstances in which a member may act on behalf of another member.
Responsibilities of the Director
Article 20
1. The Director shall be in charge of the administrative management of the BEREC Office. The Director shall be accountable to the Management Board. 2. The Director shall assist the Chair of the Board of Regulators and the Chairperson of the Management Board in preparing the meetings of their respective bodies. 3. Without prejudice to the powers of the Board of Regulators, the Management Board and the Commission, the Director shall be independent in the performance of his or her duties and shall neither seek nor take instructions from any government, institution, person or body. 4. The Director shall report to the European Parliament and to the Council on the performance of his or her duties when invited to do so. 5. The Director shall be the legal representative of the BEREC Office. 6. The Director shall be responsible for the implementation of the BEREC Office’s tasks and following the guidance provided by the Board of Regulators and the Management Board. In particular, the Director shall be responsible for: (a) the day-to-day administration of the BEREC Office; (b) implementing administrative decisions adopted by the Board of Regulators and the Management Board; (c) preparing, and submitting to the Management Board, the single programming document referred to in Article 23; (d) assisting the Board of Regulators in the preparation of BEREC’s annual activity report as referred to in Article 22; (e) assisting the Board of Regulators in the preparation of BEREC’s annual work programme as referred to in Article 21; (f) implementing the single programming document, and reporting to the Management Board on its implementation; (g) preparing the draft consolidated annual report on the BEREC Office’s activities as referred to in Article 27 and presenting it to the Management Board for assessment and adoption; (h) 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 at least once a year to the Management Board; (i) 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; (j) preparing an anti-fraud strategy for the BEREC Office and presenting it to the Management Board for approval; (k) preparing draft financial rules applicable to the BEREC Office; (l) preparing the BEREC Office’s draft statement of estimates of revenue and expenditure and implementing its budget; (m) authorising, together with the Board of Regulators, the conclusion of working arrangements with competent Union bodies, offices, agencies and advisory groups and with competent authorities of third countries and with international organisations in accordance with Article 35. 7. The Director shall, under the supervision of the Management Board, take the necessary measures, in particular with regard to adopting internal administrative instructions and publishing notices, in order to ensure the functioning of the BEREC Office in accordance with this Regulation. 8. The Director shall, subject to the prior consent of the Commission, the Management Board and the Member States concerned, decide whether it is necessary for the purpose of carrying out the BEREC Office’s tasks in an efficient and effective manner to locate one or more members of staff in one or more Member States. The decision shall specify the scope of the activities to be carried out in a manner that avoids unnecessary costs and duplication of administrative functions of the BEREC Office. Before such a decision is taken, its impact in terms of staff allocation and budget shall be set out in the multi-annual programming document referred to in Article 23(4).
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