BETA

8 Amendments of Patrizia TOIA related to 2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 7 a (new)

Regulation (EC) No 717/2007
Article 4 b a (new)

(7a) The following Article 4ba shall be inserted : "Article 4 ba Review of the application of retail and wholesale charges for regulated roaming calls 1. Subject to the process and conditions set out in this Article, and upon decision by the Commission, the decreases in the maximum retail and wholesale charges from 1 July 2010 set out in Article 4(2) shall not enter into force in the event that the share of the Community-wide voice roaming minutes (as blended for calls made and calls received) at competitive tariffs exceeds 50% of all Community- wide used voice roaming minutes for calls made and calls received during a reference period of six months monitored by the national regulatory authorities pursuant to Article 7(3). The first reference period shall cover the period from 1 April 2009 to 1 October 2009. All roaming tariffs other than the Eurotariff and Eurotariffs (as blended for calls made and calls received) which are more than 10% below the maximum applicable retail charges set out in Article 4(2) (as blended for calls made and calls received on the basis of actual traffic data) during the entire reference period shall be deemed competitive for the purpose of the application of this Article. 2. National regulatory authorities shall provide the Commission with the necessary data to monitor the application of paragraph 1 of this Article in accordance with Article 7 (2). On the basis of information collected and provided to it by the national regulatory authorities pursuant to Article 7, the Commission shall decide not to apply the maximum retail and wholesale charges decrease if the conditions set out in paragraph 1 are met. The decision shall enter into force on 1 July of the year concerned. 3. The Commission’s decision not to apply the maximum retail and wholesale charge in accordance with paragraph 1 shall remain in force until and without prejudice to further review of the Regulation in accordance with Article 11."

2009/02/02
Committee: ITRE

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

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

2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, wherever they are, more detailed personalised pricing information on the roaming charges that apply to voice calls, SMS, MMS and other data communication services, as well as information on the transparency measures applicable by virtue of this Regulation, by means of a mobile voice call or by SMS. Such a request shall be to a free-of-charge number designated for this purpose by the home provider.

2009/02/02
Committee: ITRE

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

Regulation (EC) No 717/2007
Article 6 a– paragraph 1

1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ~~ways~~a clear and intelligible manner which facilitates the 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.

2009/02/02
Committee: ITRE

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

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

Such personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer initiates a regulated data roaming service in a particular Member State other than that of his home network ~~for the first time after having~~every time that customer entereds that Member State. It shall be provided without undue delay and free of charge, by an appropriate means adapted to facilitate its receipt and easy comprehension.

2009/02/02
Committee: ITRE

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

Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 1

3. By 1 Julanuary 2010 ~~at the latest~~, the home providers shall ~~provide a 'Cut-Off Limit' facility whereby they offer and keep available to all their roaming customers, free of charge, the possibility to specify in advance a maximum financial limit,~~offer to all their roaming customers the opportunity to opt deliberately and free of charge for a ‘cut off limit’ facility. Each home provider shall define this ‘cut off limit’ facility by a maximum monthly financial limit. This maximum monthly financial limit shall not exceed 50 EUR (excluding VAT) and shall be expressed in the currency in which the roaming customer is billed~~, for their outstanding charges~~ for regulated data roaming services.

2009/02/02
Committee: ITRE

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

Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 1 a (new)

In addition, the home provider may offer to its roaming customers other ‘cut-off limits’ with different, namely, higher, lower or maximum monthly financial limits like flat rates.

2009/02/02
Committee: ITRE

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

Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 1 b (new)

By 1 March 2010, all roaming customers who did not express their choice shall be automatically placed on a ‘cut-off limit’ of 50 EUR (excluding VAT).

2009/02/02
Committee: ITRE

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

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

Whenever a roaming customer requests to opt for or to remove a ‘cut off limit’ facility, the change must be made within one working day of receipt of the request, free of charge, and shall not entail conditions or restrictions pertaining to other elements of the subscription.

2009/02/02
Committee: ITRE