RD325 - ETNO Response to BEREC consultation on procedures for public consultations held by BEREC

The January 2010 Rules of Procedure (RoPs) of the Board of Regulators (BoR) should be considered provisional until the completion of this consultation.  If the RoPs are considered final, as implied in the consultation document, this consultation is rendered meaningless.

ETNO has serious concerns about how the BEREC is interpreting and implementing its obligation to consult interested parties as per Article 17 of the “BEREC Regulation”.  In particular,
• we find the discretion that the BoR has granted itself in assessing “cases where the input and comments of stakeholders is required” is exceptionally broad and could allow for public consultation to be avoided;
• we find that the proposed 15-20 working days do not constitute a “reasonable period” for public consultation, deviating from the practice of the European Regulators Group, from that of BEREC member national regulators and from that of the European Commission.

ETNO thus calls for the RoPs and the draft “Procedures for Public Consultations held by the BEREC” to be amended to address these concerns.

ETNO welcomes this opportunity to comment on the draft procedures for public consultations for the Body of European Regulators for Electronic Communications (BEREC).  We appreciate the BEREC’s positive response to the request of ETNO and other stakeholders to be consulted on these procedural rules, made in the context of the BEREC 2010 Work Programme consultation.

The Rules of Procedure (RoPs)  of the Board of Regulators (BoR), adopted at the inauguration of the BEREC in January 2010, understandably included consultation modalities.  The RoPs should, however, be considered provisional until the completion of this consultation.  If the RoPs are considered final, as implied in the consultation document, this consultation is rendered meaningless.

ETNO has serious concerns about how the BEREC is interpreting and implementing its obligation to consult interested parties as per Article 17 of the Regulation establishing the BEREC and the Office  (the “BEREC Regulation”).  In particular,

• we find the discretion that the BoR has granted itself in assessing “cases where the input and comments of stakeholders is required” is exceptionally broad and could allow for public consultation to be avoided;
• we find that the proposed 15-20 working days do not constitute a “reasonable period” for public consultation, deviating from the practice of the European Regulators Group, from that of BEREC member national regulators and from that of the European Commission.

ETNO thus calls for the RoPs and the draft “Procedures for Public Consultations held by the BEREC” to be amended to address these concerns.