Activities of Robert GOEBBELS related to 2011/0187(COD)

Robert GOEBBELS, Marita ULVSKOG, Francesco DE ANGELIS

Proposal for a regulation
Recital 28

(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should be set at levels which do not distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to ~~value added services.~~ the part of the tariff that is charged for value added services but only to the tariffs for the connection to such services.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 a (new)

The separate sale of roaming services from domestic mobile communications services is a temporary and intermediate step to increase competition so as to lower roaming prices for customers in order to achieve a common European mobile market with no differentiation between national and roaming tariffs.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
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.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 2 – point o

(o) ‘European Union (EU) roaming profile’ means a preconfigured profile for the provision of separate roaming services, which is provided in addition to a profile for the provision of domestic mobile services on the same SIM card.deleted

2011/12/21
Committee: ITRE

Robert GOEBBELS, Marita ULVSKOG, Francesco DE ANGELIS

Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)

(oa) 'Single tariff' means a tariff which all operators are obliged to offer, which offers identical prices for call, SMS and data use within the Union, irrespective of whether the customer is roaming or not;

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 1

In order to ensure the development of the ~~single~~temporarily 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 consumer- 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 consumer- 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) end-users 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 EU citizens in third countries or by third country citizens in the EU shall not be impeded.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 2

For the purpose of separate sale of roaming services, operators shall make sure that facilities meeting the requirements set out in paragraph 1 are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facilityPricing for interconnections shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 3

BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services. The harmonised technical solutions shall meet the requirements set out in paragraph 1. Upon a reasoned request from the BEREC, the Commission may extend that period.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 1

1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,140 per minute as of 1 July 2012.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 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 0,107 and EUR 0,064 , on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,064 for the duration of this Regulation.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2

The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the Union by the relevant operator over the relevant period, aggregated on a per second basis ~~adjusted to take account of the possibility for the operator of the visited network to apply an initial minimum charging period not exceeding 30 seconds~~.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

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 0,320 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 July 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013 . Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4

~~By way of derogation from the third 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

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 8 – paragraph 1

1. With effect from 1 July 2012 , the average wholesale charge that the operator of a visited network may levy from the customer's home provider , for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message. The maximum average wholesale charge for the provision of a regulated roaming SMS message shall decrease to EUR 0,02 on 1 July 20143 and EUR 0,01 on 1 July 2014 respectively. Without prejudice to Article 13 the regulated wholesale charge for the provision of regulated roaming SMS messages shall remain at EUR 0,021 for the duration of this Regulation.

2011/12/21
Committee: ITRE

Proposal for a regulation
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 .~~ 07. The price ceiling shall decrease to EUR 0,06 on 1 July 2013 and to EUR 0,05 on 1 July 2014.Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Francesco DE ANGELIS, Kathleen VAN BREMPT

Proposal for a regulation
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,~~30,~~25 EUR 0,2015 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1

1. Roaming providers shall make available to all their roaming customers, clearly and transparently, a Euro-data tariff as provided for in paragraph 2. This Euro-data tariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff. The Euro-data tariff shall encompass the concept of net neutrality in respect for all data use, in particular access to VOIP and other similar services.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Kathleen VAN BREMPT

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. 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 0,950 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,520, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,520, per megabyte used until 30 June 2016. Home providers shall not be allowed to charge roaming customers extra for their use of applications or services such as VOIP.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 12 a (new)

Article 12 a Single Tariff With effect from 1 July 2015, in addition to their existing tariffs, providers who offer both national and roaming communications shall make available and publicise to all their customers a single tariff for calls, SMS and data use, which shall offer identical prices, irrespective of whether the consumer is roaming or not. The single tariff shall not exceed the price limits set out in Articles 7(2), 9(2) and 12(2).

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 13 – paragraph 2

2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to 75% or less of the maximum wholesale charges provided for in Articles 6(2), 8(1) and 11(1) in at least 75% of the Member States, the maximum wholesale charges for the roaming service concerned shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum wholesale charges no longer apply for the service concerned.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
Article 13 – paragraph 3

3. If, following the implementation of the separate sale of roaming services referred to in Article 5 and before 1 July 2016, the average retail charge at the Union level falls to 75% or less of the maximum retail charges provided for in Articles 7(2), 9(2) and 12(2), the maximum retail charges for that roaming services shall no longer apply. ThThe maximum retail charges provided for in Articles 7(2), 9(2) and 12(2) shall no longer apply once a true single market in mobile Ccomm~~ission shall regularly ve~~unications with one single tarifyf, ~~on the basis of the market data collected by BEREC, whether~~prohibiting discriminatory pricing between domestic and EU communications is in place. Once this condition is met ~~and, if so, it~~the Commission shall publish without delay in the C series of the Official Journal of the European Union ~~the data proving~~ that the maximum retail charges no longer apply for the service concerned.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 14 – title

Transparency of retail charges for ~~regulated~~ roaming calls and SMS messages

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

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 State~~country 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 State~~country.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b

(b) sending ~~regulated~~ roaming SMS messages while in the visited ~~Member State~~country.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
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.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Francesco DE ANGELIS, Kathleen VAN BREMPT

Proposal for a regulation
Article 14 – paragraph 3 a (new)

3 a. Each home provider shall grant to all its customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption in the currency in which the customer is billed for regulated voice and SMS roaming services in non-EU countries and which guarantees that, without the customer’s explicit consent, the accumulated expenditure for roaming services over a specified period of use does not exceed a specified financial limit. To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer is informed in advance of the corresponding limits. 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). In addition, the home provider may offer to its customers other limits with different, that is, higher or lower, maximum monthly financial limits. The default limit in the second and third subparagraphs shall be applicable to all customers who have not opted for another limit. For customers younger than 18 years the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT). 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, when the combined SMS and voice roaming services have reached 50% and 80% of the agreed financial 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. When this financial limit would otherwise be exceeded, a notification shall be sent to the roaming customer’s mobile telephone or other device. This notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed. If the customer does not respond as prompted in the notification received, the home provider shall immediately cease to provide and to charge the roaming customer for SMS and voice roaming services, unless and until the roaming customer requests the continued or renewed provision of those services. Whenever a customer requests to opt for or to remove a ‘financial 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.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

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 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 top-ups.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

~~Where appropriate, h~~Home providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, home providers shall explain to their customers, in a clear and easily understandable manner, how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

2. 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.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
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 State~~country other than that of his home network and initiates for the first time a ~~regulated~~ data roaming service in that particular ~~Member State~~country. 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.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1

3. Each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for ~~regulated~~ data roaming services provided both inside and outside the Union and which guarantees that, without the customer's explicit consent, the accumulated expenditure for ~~regulated~~ data roaming services over a specified period of use does not exceed a specified financial limit.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
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). For customers younger than 18 years the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT).

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
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). For customers younger than 18 years the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT).

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
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 50% and 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.

2011/12/21
Committee: ITRE

Robert GOEBBELS, Judith A. MERKIES, Francesco DE ANGELIS, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 a (new)

Article 15 a Price comparison Any price information about retail voice, SMS and data roaming services to customers shall include VAT. The Commission shall also investigate transparency and comparability of different tariffs proposed by operators to their customers, and report back to the European Parliament and the Council on further measures necessary to ensure that consumers can easily compare these tariffs, and thus make it easier to take a decision to switch from one operator to another.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. They shall include an obligation to compensate subscribers when providers delay or hinder a subscriber's switch to an alternative roaming provider. Member States shall notify those provisions to the Commission no later than 30 March 2012 and shall notify it without delay of any subsequent amendment affecting them.

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 1 – indent 1

– the developments in wholesale and retail charges for the provision to roaming customers of voice, SMS and data communication services, ~~and the corresponding development in~~in comparison to the charges for mobile communications services at domestic level in the Member States, both for pre-paid and post-paid customers separately, and in the quality and speed of these services;

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 1 – indent 3

– the extent to which consumers have benefited ~~through real~~from reductions in the ~~price of roaming services or in other ways from reductions in the costs of the provision of roaming~~costs of the mobile communication services and the variety of tariffs and products which are available to consumers with different calling patterns;

2011/12/21
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 1 – indent 5

– the extent to which the structural solutions foreseen in Articles 3 and 4 have produced results in developing competition in the roaming market so as to entail one single tariff.

2011/12/21
Committee: ITRE