21 Amendments of Anna HEDH related to 2011/0187(COD)
Amendment 31 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) A Single Market for telecommunications cannot be said to exist while significant price differences exist between domestic and roaming prices; therefore the ultimate aim of this Regulation should be to eliminate roaming charges altogether, thus establishing a pan-EU mobile communications market.
Amendment 32 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) The objective of reducing the difference between national and roaming tariffs so as to approach zero by 2015 was proposed by the Commission in the Benchworking Framework 2011-2015 and subsequently endorsed by the Member States in November 20091. That objective is also included in the Commission Communication entitled "A Digital Agenda for Europe"2. __________________ 1 http://ec.europa.eu/information_society/ee urope/i2010/docs/benchmarking/benchma rking_digital_europe_2011-2015.pdf 2 COM (2010)0245.
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation introduces a common approach to ensuringbring about a truly single market in mobile communications. The first step is to put in place an transitional period to ensure 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, when making calls and receiving calls, when sending and receiving SMS messages and when using packet switched data communication services, thereby contrib. The second step is to put ing to the smooth functioning of the internal market while achieving a high level of consumer protection, fostering competition and transparency in the market and offering both incentives for innovation and consumer choice place the necessary technical and structural measures which would enable the abolition of the concept of roaming within the whole Union, ensuring identical prices throughout the Union.
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 a (new)
Article 1 – paragraph 1 – subparagraph 2 a (new)
The separate sale of roaming services and domestic mobile communications services is a temporary and intermediate step to increase competition in order to lower roaming prices for customers in order to achieve a common European mobile market with no differentiation between national and roaming tariffs.
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of Union-wide roaming services both within and outside the Union.
Amendment 141 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2014, the retail price caps as laid down in Article 7, Article 9 and Article 12 shall have effect.
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
In order to ensure the development of the singletemporary single roaming market, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union. and meet the following criteria: (a) any technical solution must be cost- effective; (b) it shall be designed in a customer- friendly way; (c) it shall allow for a maximum degree of interoperability; (d) it shall allow for a local break-out solution for data usage in a customer- friendly manner; (e) it shall ensure that the concept of net neutrality is respected for all data use, in particular access to VOIP and other similar services; (f) customers shall be able to easily and quickly switch to an alternative roaming provider or between alternative roaming providers while retaining their mobile number; (g) roaming by Union citizens in third countries or by third country citizens in the Union shall not be impeded.
Amendment 169 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,1104 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2815 and EUR 0,2410 on 1 July 2013 and on 1 Julanuary 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013. Without prejudice to Articles 13 and 19 tThese regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 190 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10. Without prejudice to Articles 13 and 19, t07. The price ceiling shall decrease to 0,06 on 1 July 2013 and to 0,05 on 1 January 2014. The regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 205 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,305, EUR 0,204 as of 1 July 2013 and EUR 0,103 as of 1 Julanuary 2014 per megabyte of data transmitted. Without prejudice to Article 13 tThe maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,103 per megabyte of data transmitted for the duration of this Regulationused until 1 July 2014 when price differentiation between domestic and roaming data shall be no longer possible.
Amendment 218 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,9015 per megabyte. The price ceiling for data used shall decrease to EUR 0,7012 and EUR 0,509, per megabyte used on 1 July 2013 and on 1 Julanuary 2014 respectively. Without prejudice to Articles 13 and 19, tThe regulated maximum retail charge shall remain at EUR 0,509, per megabyte used until 301 Junely 20164 when price differentiation between domestic and roaming data shall be no longer possible.
Amendment 236 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer is at least 18 years old and has notified his home 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 he enters a Member Statecountry other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member Statecountry.
Amendment 244 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member Statecountry.
Amendment 247 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4
Article 14 – paragraph 1 – subparagraph 4
On the occasion of each message, a customer who is at least 18 years old shall have the opportunity to give notice to home provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 255 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, both inside and outside the European Union, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers that use pre-paid services without automatic topping-up mechanism.
Amendment 267 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State concerned, except where the customer who is at least 18 years old has notified his home provider that he does not require this information.
Amendment 272 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member Statecountry other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member Statecountry. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 278 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer who is at least 18 years old is informed in advance of the corresponding volume amounts. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT).
Amendment 280 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
Alternatively, the home provider may establish limits expressed in volume, provided that the customer who is at least 18 years old is informed in advance of the corresponding financial amounts. One of these limits (the default volume limit) shall have a corresponding financial amount not exceeding EUR 50 of outstanding charges per monthly billing period (excluding VAT).
Amendment 283 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6
Article 15 – paragraph 3 – subparagraph 6
Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 80 % of the agreed financial or volume limit. Customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 294 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The Commission shall review the functioning of this RegIn order to bring about the necessary changes for a single market in mobile phone communications, as provided in Article 4a, the Commission, after consultation and, after a public consultationwith BEREC and other relevant stakeholders, shall preportsent a new legislative proposal to the European Parliament and the Council no later than 30 June 2015. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:by 1 January 2013, which should also include a proposal to update the wholesale caps for the period between 1 July 2016 and 30 June 2020 taking into account the developments in wholesale charges for the provision of voice, SMS and data communication services;