[ParlTrack]

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
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.

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
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 years~~until 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.

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Recital 18

(18) Just as is the case for voice roaming calls, there is a significant risk that imposing wholesale pricing obligations alone would not result in lower rates for retail customers. On the other hand, action to reduce the level of retail prices without addressing the level of the wholesale costs associated with the provision of these services could prejudice the position of some operators, in particular smaller ones, by increasing the risk of price squeeze.deleted

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
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.

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Recital 25

(25) The most effective and proportionate approach to regulating the level of prices for Community-wide roaming SMS messages at the retail level is the introduction of a requirement for mobile operators to offer their roaming customers a Euro-SMS tariff which does not exceed a specified maximum price limit. The Euro-SMS tariff should be set at a level which guarantees a sufficient margin to operators while also more reasonably reflecting the underlying retail costs.deleted

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
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.

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Recital 28

(28) A Euro-SMS tariff should automatically apply to any roaming customer, new or existing, who has not deliberately chosen or does not deliberately choose a special SMS roaming tariff or a package for roaming services including regulated roaming SMS services.deleted

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Article 1 – point 3 – point g

Regulation (EC) No 717/2007
Article 2 – paragraph 2 – point h

(h) 'Euro-SMS tariff' means any tariff not exceeding the maximum charge, provided for in Article 4a, which a home provider may levy for the provision of regulated roaming SMS messages in compliance with that Article;deleted

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Article 1 – point 4 – point a

Regulation (EC) No 717/2007
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 respectively~~to 1.5 times the operator-specific termination charges on 1 July 2009.

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Article 1 – point 5 – point a

Regulation (EC) No 717/2007
Article 4 – paragraph 2

(a) Paragraph 2 is replaced by the following: ‘2. 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.40, EUR 0.37, and EUR 0.34 and for calls received to EUR 0.16, EUR 0.13 and EUR 0.10, on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectively. With effect from 1 July 2009 every home provider shall charge its roaming customers for the provision of any regulated roaming call to which a Eurotariff applies, whether made or received, on a per second basis. By way of derogation from the second subparagraph, the home provider may apply an initial minimum charging period not exceeding 30 seconds to calls made which are subject to a Eurotariff.’deleted

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Article 1 – point 6

Regulation (EC) No 717/2007
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.

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Article 1 – point 7

Regulation (EC) No 717/2007
Article 4 b

7. The following Article 4b is inserted: Retail charges for regulated roaming 1. Home providers shall make available to all their roaming customers, clearly and transparently, a Euro-SMS tariff as provided for in paragraph 2. The Euro- SMS tariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff, subject to the other provisions of this Article. 2. With effect from 1 July 2009, 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 0.11. 3. Home providers shall not levy any charge from their roaming customers for the receipt by them of a regulated roaming SMS message. 4. From 1 July 2009 home providers shall apply a Euro-SMS tariff to all existing roaming customers automatically, with the exception of such roaming customers who have already made a deliberate choice of a specific roaming tariff or package by virtue of which they benefit from a different tariff for regulated roaming SMS message than they would have been accorded in the absence of such a choice. 5. From 1 July 2009 home providers shall apply a Euro-SMS tariff to all new roaming customers who do not make a deliberate choice to select a different roaming SMS tariff or a tariff package for roaming services which includes a different tariff for regulated roaming SMS messages. 6. Any roaming customer may request to switch to or from a Euro-SMS tariff at any time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding three months. A Euro-SMS tariff may always be combined with a Eurotariff. 7. Not later than 1 June 2009, home providers shall inform all their roaming customers individually about the Euro- SMS tariff, about the fact that it will apply from 1 July 2009 at the latest to all roaming customers who have not made a deliberate choice of a special tariff or package applicable to regulated SMS messages, and about their right to switch to and from it in accordance with paragraph 6 above.’deleted ‘Article 4b SMS messages

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Article 1 – point 10

Regulation (EC) No 717/2007
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 out~~on 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.

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Article 1 – point 10

Regulation (EC) No 717/2007
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.

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Article 1 – point 11

Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 2

When th~~is Cut-Off Limit is reached, the home provider shall immediately~~e 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.

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN

Proposal for a regulation – amending act
Article 1 – point 11

Regulation (EC) No 717/2007
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.

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Article 1 – point 14

Regulation (EC) No 717/2007
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).

2009/02/02
Committee: ITRE

Alexander Nuno PICKART ALVARO, Jorgo CHATZIMARKAKIS, Werner LANGEN, Herbert REUL

Proposal for a regulation – amending act
Article 1 – point 16

Regulation (EC) No 717/2007
Article 13 - subparagraph 2

16. In the second paragraph of Article 13, ‘30 June 2010’ is replaced by ‘31 December 20131’.

2009/02/02
Committee: ITRE

18 Amendments of Alexander Nuno PICKART ALVARO related to 2008/0187(COD)

ParlTrack - 2011-2024