18 Amendments of Jorgo CHATZIMARKAKIS related to 2008/0187(COD)
Amendment 19 #
Proposal for a regulation – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) Regulatory setting of retail price limits has not led to significant price competition in the past. In view of experience and of the retail prices, which have levelled off at just below the retail price limits, retail price regulation should be suspended until 30 June 2009 and the focus should be on effective wholesale regulation.
Amendment 20 #
Proposal for a regulation – amending act
Recital 6
Recital 6
(6) The expiry in June 2010 of the regulatory safeguards which apply to intra-Community voice roaming services at wholesale and retail levels by virtue of Regulation (EC) No 717/2007 would therefore give rise to a significant risk that the underlying lack of competitive pressures in the voice roaming market and the incentive for mobile operators to maximise their roaming revenues would result in a return to retail and wholesale prices for intra-Community roaming that do not constitute a reasonable reflection of the underlying costs involved in the provision of the service, thereby jeopardising the objectives of Regulation (EC) No 717/2007. Regulation (EC) No 717/2007 should therefore be extended beyond 30 June 2010 for a further period of three yearsuntil 31 December 2011 in order to ensure the smooth functioning of the internal market by guaranteeing that consumers continue to benefit from the assurance that they will not be charged an excessive price when making or receiving a regulated roaming call while at the same time providing sufficient time for competition to develop.
Amendment 30 #
Proposal for a regulation – amending act
Recital 18
Recital 18
Amendment 32 #
Proposal for a regulation – amending act
Recital 21
Recital 21
(21) Regulatory obligations should therefore be imposed with regard to regulated roaming SMS services at wholesale level, in order to establish a more reasonable relationship between wholesale charges and the underlying costs of provision, and at retail level to protect the interests of roaming customers.
Amendment 33 #
Proposal for a regulation – amending act
Recital 25
Recital 25
Amendment 36 #
Proposal for a regulation – amending act
Recital 26
Recital 26
(26) This regulatory approach should ensure that retail charges for regulated roaming SMS messages provide a more reasonable reflection of the underlying costs involved in the provision of the service than has been the case. The maximum Euro-roaming SMS tariff that may be offered to roaming customers should therefore reflect a reasonable margin over the costs of providing a regulated roaming SMS service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. This regulatory approach should not apply to value-added SMS services.
Amendment 38 #
Proposal for a regulation – amending act
Recital 28
Recital 28
Amendment 58 #
Proposal for a regulation – amending act
Article 1 – point 3 – point g
Article 1 – point 3 – point g
Regulation (EC) No 717/2007
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
Amendment 66 #
Proposal for a regulation – amending act
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 717/2007
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This average wholesale charge shall apply between any pair of operators and shall be calculated over a twelve month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0.28 and EUR 0.26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.23, EUR 0.20 and EUR 0.17 on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectivelyto 1.5 times the operator-specific termination charges on 1 July 2009.
Amendment 76 #
Proposal for a regulation – amending act
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Regulation (EC) No 717/2007
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 88 #
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 717/2007
Article 4 a – paragraph 1
Article 4 a – paragraph 1
1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.048 per SMS message.
Amendment 92 #
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 717/2007
Article 4 b
Article 4 b
Amendment 103 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 717/2007
Article 6 – paragraph 3 –subparagraph 1
Article 6 – paragraph 3 –subparagraph 1
3. Home providers shall provide all users with full information on applicable roaming charges, in particular on the Eurotariff and the Euro-SMS tariff, when subscriptions are taken outon SMS and data roaming tariffs. They shall also provide their roaming customers with updates on applicable roaming charges without undue delay each time there is a change in these charges.
Amendment 104 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 717/2007
Article 6 – paragraph 3 –subparagraph 2
Article 6 – paragraph 3 –subparagraph 2
Home providers shall take the necessary steps to secure awareness by all their roaming customers of the availability of the Eurotariff and the Euro-SMS tariff. They shall in particular communicate to all roaming customers by 30 July 2007 the conditions relating to the Eurotariff and by 1 June 2009 the conditions relating to the Euro-SMS tariff, in each case in a clear and unbiased manner. They shall send a reminder at reasonable intervals thereafter to all customers who have opted for another tariff.
Amendment 137 #
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 2
Article 6a – paragraph 3 – subparagraph 2
When this Cut-Off Limit is reached, the home provider shall immediatelye home provider receives notification that this Cut-Off Limit has been reached and the customer is informed of the fact, the home provider shall, following a declaration of consent by the customer, cease to provide the roaming customer with regulated data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services. This declaration of consent shall be free of charge for the customer.
Amendment 161 #
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 – point a
Article 6a – paragraph 4 – point a
a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 10.00025 per kilobyte (= EUR 0.25 per megabyte) of data transmitted.
Amendment 182 #
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 717/2007
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall, after a full public consultation, review the functioning of this Regulation and report to the European Parliament and the Council no later than 31 December 20110. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In its report the Commission shall review developments in wholesale and retail charges for the provision to roaming customers of voice and data communication services, including SMS and MMS, and shall, if appropriate, include recommendations regarding the need further to regulate these services. For this purpose the Commission may use the information supplied pursuant to Article 7(3).
Amendment 190 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 717/2007
Article 13 - subparagraph 2
Article 13 - subparagraph 2
16. In the second paragraph of Article 13, ‘30 June 2010’ is replaced by ‘31 December 20131’.