Activities of Jordi SOLÉ related to 2021/0045(COD)
Plenary speeches (1)
Roaming Regulation (recast) (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on Roaming on public mobile communications networks within the Union (recast)
Amendments (35)
Amendment 34 #
Proposal for a regulation
Recital 9
Recital 9
(9) The widespread use of internet- enabled mobile devices means that data roaming is of great economic significance. This is relevant for both users and providers of applications and content. In order to stimulate the development of this market, charges for data transport should not impede growth , in particular considering that the deployment of 5Gnext generation, high speed networks and services is expected to grow steadily .
Amendment 38 #
Proposal for a regulation
Recital new(14
Recital new(14
new(14) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. Ofulfilling their consumer- contracts while providing roaming services. Lowering the quality of service due to commercial barriers is unacceptable, and obstacles to access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings, should be removed. To that end, wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically. Mobile virtual network operators (MVNOs) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same Member State. Commercial negotiations, however, may not leave enough margin to MVNOs and resellers for stimulating competition through lower prices. The removal of those obstacles and balancing the negotiation power between MVNOs/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative, innovative and Union-wide roaming services and offers for customers. Directive (EU) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers.
Amendment 48 #
Proposal for a regulation
Recital 20
Recital 20
(20) Certain conditions may be included in the reference offers in order to allow mobile network operators to preventaddress permanent roaming or anomalous or abusive use of wholesale roaming access . In particular, where the visited network operator has reasonable grounds for considering that permanent roaming by a significant share of the roaming provider’s customers or anomalous or abusive use of wholesale roaming access is taking place, it should be able to require the roaming provider to provide, in an aggregated manner and in full compliance with Union and national data protection requirements, information allowing the determination of whether a significant share of the roaming provider’s customers is in a situation of permanent roaming or whether there is anomalous or abusive use of wholesale roaming access, such as information on the share of customers with insignificant domestic consumption compared to the roaming consumption. Moreover, termination of wholesale roaming agreements with a view to preventing permanent roaming or anomalous or abusivefraudulent use of wholesale roaming access should be effected only where less stringent measures have failed to address the situation. Such termination should be subject to prior authorisation by the national regulatory authority of the visited network operator, taking the utmost account of the opinion of BEREC where it has been consulted. Less stringent measures could consist of setting higher wholesale charges not exceeding the maximum wholesale charges provided for in this Regulation for volumes exceeding an aggregated volume specified in the agreement. Such higher wholesale charges should be set in advance, or from the moment when the visited network operator has established and informed the home network operator that, based on objective criteria, permanent roaming by a significant share of the roaming provider’s customers or anomalous or abusive use of wholesale roaming access is taking place. Less stringent measures could also consist of a commitment by the home network operator to adopt or revise the fair use policies applicable to its customers in accordance with the detailed rules adopted pursuant to Article 8 of this Regulation , or the possibility for the visited network operator to request that the wholesale roaming agreement be revised. In the interests of transparency, the national regulatory authority should make information concerning requests for authorisation to terminate wholesale roaming agreements available to the public, subject to business confidentiality.
Amendment 59 #
Proposal for a regulation
Recital 28
Recital 28
(28) Roaming customers should, to the greatest extent possible, be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home, when roaming in the Union. To that end, roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. In particular, the same quality of service should be offered to customers when roaming, if technically feasible. Throttling consumer experience has been in the past employed in order to nudge consumers into higher tiers of services, therefore reduction in quality of service for commercial reasons is not acceptable.
Amendment 65 #
Proposal for a regulation
Recital new(29
Recital new(29
new(29) RIn exceptional cases roaming providers should be able to apply a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price. The ‘fair use policy’ is intended to prevent abusive or anomalous usage of regulated retail roaming services by permanently roaming customers, such as the use of such services by roaming customers in a Member State other than that of their domestic provider for purposes other than periodic travel. Roaming providers should, in cases of force majeure caused by circumstances such as pandemics or natural catastrophes which involuntarily extend the period of temporary stay of the roaming customer in another Member State, consider extending the applicable fair use allowance for an appropriate period, upon a justified request by the roaming customer . Any fair use policy should enable the roaming provider’s customers to consume volumes of regulated retail roaming services at the applicable domestic retail price that are consistent with their respective tariff plans and shall not be used to artificially limit the freedoms that citizens and business are entitled in the European Union.
Amendment 71 #
Proposal for a regulation
Recital 36
Recital 36
(36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to particular pricing conditions at the national level. This Regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. Neverthelss, the RLAH principle might create an expectation for end-users that cCommunications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. However, this is not always the case when roaming. End-users are confronted with increased costs, even when they call numbers that are free when called domestically. This could erode customers’ confidence in using their phones when roaming and could result in bill shocks, thus having a negative impact on a genuine RLAH experience. This is mainly caused, at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. Therefore measures should be introduced to increase the transparency on the conditions for communications to value added services numbers and ensure similar experience like at home. To that end, roaming customers should be informed in their contract and notified and warned, in a timely manner and free of charge, that some communications to value added services numbers in roaming can entail additional charges, while for specific numbers, like helplines, this charges should not exist.
Amendment 77 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State. For the purpose of this regulation the use of non- terrestrial networks onboard aircrafts or marine vessels should be assimilated to roaming in terrestrial networks and the information requirements as well as tariff regulations and quality of service should be equally applicable. Since certain customer groups might be well informed about roaming charges, roaming providers should provide a possibility to easily opt- out from this automatic message service. In addition, roaming customers should be provided with a text message including a link to a web page giving detailed information about the types of services (calls and SMS) that may be subject to increased costs. Moreover, providers should actively give their customers, provided that the latter are located in the Union, on request and free of charge, additional information on the per- minute, per-SMS or per-megabyte data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State.
Amendment 87 #
Proposal for a regulation
Recital 56
Recital 56
(56) While ensuring business confidentiality and in order to monitor and supervise the application of this Regulation and developments in wholesale roaming markets, national regulatory authorities should be entitled to require information on wholesale roaming agreements that do not provide for the application of the maximum wholesale roaming charges. Those authorities should also be allowed to require information on the adoption and application of conditions in wholesale roaming agreements aiming to preventaddress permanent roaming and any anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated roaming services to roaming providers’ customers travelling within the Union.
Amendment 95 #
Proposal for a regulation
Recital 60
Recital 60
(60) In order to assess competitive developments in Union-wide roaming markets and to report regularly on changes in actual wholesale roaming charges for unbalanced traffic between providers of roaming services, BEREC should collect data from national regulatory authorities on the actual charges applied for balanced and unbalanced traffic respectively. BEREC should also collect data on cases where parties to a wholesale roaming agreement have opted out from the application of maximum wholesale roaming charges or have implemented measures at wholesale level that aim to preventaddress permanent roaming or anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated roaming services to roaming providers’ customers while the latter are periodically travelling within the Union. On the basis of the data collected with sufficient level of granularity , BEREC should report regularly on the relationship between retail prices, wholesale charges and wholesale costs for roaming services. BEREC should also collect the necessary data to allow the monitoring of the elements to be assessed under Article 21(1) of this Regulation.
Amendment 100 #
Proposal for a regulation
Recital 63
Recital 63
(63) Since the objectives of this Regulation, namely to provide for a common approach for ensuring that users of public mobile communications networks, when travelling within the Union, do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, while increasing transparency and ensuring sustainability of the provision of retail roaming services at domestic prices as well as a genuine RLAH experience in terms of quality of service and access to emergency services while roaming, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) ‘visited network’ means a terrestrial public mobile communications network situated in a Member State other than that of the roaming customer’s domestic provider that permits a roaming customer to make or receive calls, to send or receive SMS messages or to use packet switched data communications, by means of arrangements with the home network operator;
Amendment 119 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1
Article 3 – paragraph 6 – subparagraph 1
That reference offer may include conditions to prevent permanent roaming or anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated roaming services to roaming providers’ customers while the latter are periodically travelling within the Union. Where specified in a reference offer, such conditions shall include the specific measures that the visited network operator may take to preventaddress permanent roaming or anomalous or abusive use of wholesale roaming access as well as the objective criteria on the basis of which such measures may be taken. Such criteria may refer to aggregate roaming traffic information. They shall not refer to specific information relating to individual traffic of the roaming provider’s customers.
Amendment 128 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Roaming providers shall ensure, when technically feasible, that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically, in particular in terms of quality of service. Commercial practices that result in lowering the quality of service for consumers are forbidden.
Amendment 137 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 140 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. RIn exceptional cases, roaming providers may apply in accordance with this Article and the implementing acts referred to in Article 8 a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price level, in order to preventaddress abusive or anomalous usage of regulated retail roaming services by permanent roaming customers, such as the use of such services by roaming customers in a Member State other than that of their domestic provider for purposes other than periodic travel.
Amendment 146 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In order to ensure consistent application of Articles 6 and 7, the Commission shall, after having consulted BEREC, adopt and periodically review in the light of market developments implementing acts laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the provision of retail roaming services at domestic prices and on the application to be submitted by a roaming provider for the purposes of that assessment. Those implementing acts shall be adopted with the objective to limit the application of fair use policies in the Union leading to a progressive phase-out of their application. These implementing acts shall be in accordance with the examination procedure referred to in Article 4(2).
Amendment 149 #
Proposal for a regulation
Article 8 – paragraph 2 – point -a (new)
Article 8 – paragraph 2 – point -a (new)
(-a) the exceptional character of fair use provisions with a view of eliminating costs that do not stem from competitive behaviour;
Amendment 151 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the professional and leisure travelling patterns in the Union;
Amendment 152 #
Proposal for a regulation
Article 8 – paragraph 2 – point d a (new)
Article 8 – paragraph 2 – point d a (new)
(d a) a path towards phasing out fair use mechanisms.
Amendment 160 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of EUR 0,02072 per minute. That maximum wholesale charge shall decrease to EUR 0,019053 per minute oin 1 January2023 and to EUR 0,0026 per minute in 20254, and shall, without prejudice to Articles 21, 22 and 23, remain at EUR 0,019026 per minute until 30 June 2032 .
Amendment 161 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. The wholesale caps for voice should follow the same gliding path provided for in the single Union-wide mobile voice termination rates set for the years 2022, 2023 and 2024 in accordance with Article 75 (1) of Directive (EU) 2018/1972.
Amendment 162 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming SMS message originating on that visited network shall not exceed a safeguard limit of EUR 0,0043 per SMS message . That maximum wholesale charge shall decrease to EUR 0,003 per SMS message on 1 January 2025, and shall, without prejudice to Articles 21, 22 and 23 , remain at EUR 0,003 until 30 June 2032 .
Amendment 168 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 2,00 per gigabyte of data transmitted of EUR 0,75/GB until 31st December 2022. That maximum wholesale charge shall decrease to EUR 10,50 per gigabyte of data transmitted on 1 January/GB until 31st December 2023, EUR 0,25/GB until 31st December 20254 and shall, without prejudice to Articles 21, 22 and 23 remain at EUR 1,500,25 per gigabyte of data transmitted until 30 June1st December 20326 .
Amendment 172 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Without prejudice to Articles 10, 11 and 12, the visited network operator shall not levy on the roaming provider any charge related to the emergency communications initiated by the roaming customer and the transmission of caller location information. By extension visited network operator shall also not levy on the roaming provider any charge related other non- emergency crucial communications initiated by the roaming customer such as free of charge local helplines and accessibility relay services for persons with disabilities.
Amendment 176 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Roaming providers shall, except when the roaming customer has notified the roaming provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when the roaming customer enters a Member State other than that of his domestic provider, with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage providing information about the types of services that may be subject to increased costs and, if available, information on value added services number ranges. Roaming providers shall also ensure that the use of value added service is provided under the same conditions as if such services were consumed domestically.
Amendment 192 #
Proposal for a regulation
Article 15 – paragraph 7 – introductory part
Article 15 – paragraph 7 – introductory part
7. This Article, with the exception of paragraph 6, the second subparagraph of paragraph 2 and paragraph 3, and subject to the second and third subparagraphs of this paragraph, shall also apply to data roaming services used by roaming customers travelling outside the Union and provided by a roaming provider and to using non-terrestrial networks.
Amendment 195 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
An automatic message from the roaming provider shall inform the roaming customer that the latter may access emergency services free of charge by calling the single European emergency number ‘112’ and by alternative means of access to emergency services through emergency communications mandated in the visited Member State. The information shall be delivered to the roaming customer’s mobile device by an SMS message, and via all the appropriate means established in the Directive 2018/1972, in order to ensure that end-users with disabilities can access emergency services on an equivalent basis with others, every time the roaming customer enters a Member State other than that of his domestic provider. It shall be provided free of charge at the moment the roaming customer initiates a roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 200 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
BEREC shall establish and maintain a single Union-wide database of value added services numbering ranges in each Member State to be made accessible for national regulatory authorities and operators and shall create the necessary conditions for roaming providers to ensure that the use of value added service is provided under the same prices as if such services were consumed domestically. BEREC shall ensure adequate means of access to emergency services to customers, in particular to people with disabilities in the modalities set in Directive 2018/1972. The database shall be established by 31 December 2023. To that end, the NRA or other competent authorities shall, by electronic means, provide the necessary information and the relevant updates to BEREC without undue delay.
Amendment 212 #
Proposal for a regulation
Article 21 – paragraph new1 – introductory part
Article 21 – paragraph new1 – introductory part
new1. The Commission shall , after consulting BEREC, submit twobiennial reports to the European Parliament and to the Council. Where necessary, after submitting each report, the Commission shall adopt a delegated act pursuant to Article 22 amending the maximum wholesale chargesthe Commission shall propose a new legislative proposal for regulated roaming services as laid down in this Regulation. The first such report shall be submitted by 30 June 2025 and the second by 30 June15 December 2023, with a view of updating the legislative framework by 31st December 2029 5.
Amendment 222 #
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point i
Article 21 – paragraph new1 – subparagraph 1 – point i
(i) the impact of the applicdeadline for elimination of fair use policies by operators in accordance with Article 8, including the identification of any inconsistencies in the application and implementation of such fair use policies;
Amendment 224 #
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point i a (new)
Article 21 – paragraph new1 – subparagraph 1 – point i a (new)
(i a) the impact of the obligation to ensure the highest quality of service available when travelling;
Amendment 226 #
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point j
Article 21 – paragraph new1 – subparagraph 1 – point j
(j) the extent to which roaming customers and operators face problems in relation to value added services and inadvertent roaming;
Amendment 227 #
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point j a (new)
Article 21 – paragraph new1 – subparagraph 1 – point j a (new)
(j a) the impact on equal access to electronic communications by persons with disabilities when travelling within EU/EEA.
Amendment 240 #
Proposal for a regulation
Article 22
Article 22
Amendment 245 #
Proposal for a regulation
Article 23
Article 23