3 Amendments of Lena EK related to 2008/0187(COD)
Amendment 46 #
Proposal for a regulation – amending act
Recital 37
Recital 37
(37) Moreover, the persistence of high wholesale charges for data roaming services is primarily attributable to high wholesale prices charged by operators of non-preferred networks. Such charges are caused by traffic steering limitations which leave operators with no incentive to reduce their standard wholesale prices unilaterally since the traffic will be received irrespective of the price charged. This results in an extreme variation in wholesale costs. In some cases the wholesale data roaming prices applicable to non-preferred networks are thirty times higher than those applied to the preferred network. These excessively high wholesale charges for data roaming services lead to appreciable distortions of competitive conditions between mobile operators within the Community which undermine the smooth functioning of the internal market. They also constrain the ability of home providers to predict their wholesale costs and therefore to provide their customers with transparent and competitive retail pricing packages. In view of the limitations on the ability of national regulatory authorities to tackle these problems effectively at national level, a wholesale price limit on data roaming services should apply. The wholesale price limit should be set at a safeguard level well above the lowest wholesale prices currently available in the market, to enhance competitive conditions and, enable a competitive trend to develop on the market, including facilitating the establishment of new operators, at the same time as permitting the better functioning of the internal market for the benefit of consumers.
Amendment 50 #
Proposal for a regulation – amending act
Recital 40
Recital 40
(40) This common approach should nevertheless be maintained for a limited time period but may, where necessary, in the light of a review to be carried out by the Commission, be further extended or amended. The Commission should review the effectiveness of Regulation (EC) No 717/2007 as amended by this Regulation andCommission review, be further extended or amended. The approach should be regarded, in this context, as a temporary intervention in what is, at present, a non-functioning market, and should consequently be abandoned if the market shows signs of change or, alternatively, should be replaced by a less interventionist approach if there appears to be a satisfactory alternative. The approach may not, under any circumstances, result in the 'cementing' of pricing, the operators or operators' behaviour on the market. The long-term aim must be to return to a functioning and competition- oriented, market-based pricing of mobile communications in the Community. The Commission should review the effectiveness of Regulation (EC) No 717/2007 as amended by this Regulation in the light of its objectives of eliminating unreasonable charges for roaming services within the Community, achieving a high level of consumer protection, promoting competition between mobile operators, including facilitating the establishment of new operators on the market, and creating incentives for innovation and consumer choice. The Commission should also take account of the contribution which it makes to the implementation of the regulatory framework and the smooth functioning of the internal market, while. The Commission should also keeping in mind its impact on the smaller mobile communications providers inthis Regulation's impact on the competitive position of mobile communications providers of various sizes, in particular small, independent and newly established operators, and of those from different parts of the Community and their position in the Community-wide roaming market.
Amendment 52 #
Proposal for a regulation – amending act
Recital 40 a (new)
Recital 40 a (new)
(40a) The Commission should investigate whether, with reference to the competitive structure of the mobile market, there is compliance with Community competition law, in particular Article 81 and Article 82 of the EC Treaty. The Commission should report its conclusions and proposals for measures to the European Parliament.