BETA

19 Amendments of Róża THUN UND HOHENSTEIN related to 2021/0045(COD)

Amendment 42 #
Proposal for a regulation
Recital 15
(15) Therefore an obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services should be laid down . Such access should be in line with the needs of those seeking access. End-users of services requiring modern technologies and retail roaming services should be able to enjoy the same quality of service, including with regard to an instant and seamless handover between mobile communications networks at internal EU borders, as compared to when roaming as domestically. A wholesale roaming access obligation should therefore ensure that access seekers can replicate the retail services offered domestically, unless mobile network operators requested to provide access can prove that it is technically unfeasible to do so. Access should be refused only on the basis of objective criteria, such as technical feasibility and the need to maintain network integrity. Where access is refused, the aggrieved party should be able to submit the case for dispute resolution in accordance with the procedure set out in this Regulation. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services should contribute to avoiding distortions between Member States. BEREC should, in coordination with the Commission and in collaboration with the relevant stakeholders, issue guidelines for wholesale access for the purpose of providing roaming services.
2021/06/23
Committee: ITRE
Amendment 62 #
Proposal for a regulation
Recital 28
(28) Roaming customers should, to the greatest extent possible, be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home, when roaming in the Union. To that end, roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. In particular, the same quality of service should be offered to customers when roaming, if technically feasible.
2021/06/23
Committee: ITRE
Amendment 67 #
Proposal for a regulation
Recital new(29
new(29) Roaming providers should be able to apply a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price. The ‘fair use policy’ is intended to prevent abusive or anomalous usage of regulated retail roaming services by roaming customers, such as the use of such services by roaming customers only in a Member State other than that of their domestic provider for purposes other than periodic travel. Nevertheless, it should allow customers to fully replicate their domestic usage pattern. Roaming providers should, in cases of force majeure caused by circumstances such as pandemics or natural catastrophes which involuntarily extend the period of temporary stay of the roaming customer in another Member State, consider extending the applicable fair use allowance for an appropriate period, upon a justified request by the roaming customer . Any fair use policy should enable the roaming provider’s customers to consume volumes of regulated retail roaming services at the applicable domestic retail price that are consistent withplicate their respective tariff plans.
2021/06/23
Committee: ITRE
Amendment 127 #
Proposal for a regulation
Article 5 – paragraph 2
2. Roaming providers shall ensure, when technically feasible, that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically, in particular in terms of quality of service, including with regard to an instant and seamless handover between mobile communications networks at internal EU borders, as compared to when roaming domestically.
2021/06/23
Committee: ITRE
Amendment 131 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
This Regulation shall apply from the date of its entry into force. However, Articles 14 and 16 shall apply from 1 April 2023.
2021/06/07
Committee: IMCO
Amendment 142 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. Roaming providers may apply in accordance with this Article and the implementing acts referred to in Article 8 a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price level, in order to prevent abusive or anomalous usage of regulated retail roaming services by roaming customers, such as the use of such services by roaming customers only in a Member State other than that of their domestic provider for purposes other than periodic travel.
2021/06/23
Committee: ITRE
Amendment 143 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Any fair use policy shall enable the roaming provider’s customers to consume volumes of regulated retail roaming services at the applicable domestic retail price that are consistent withplicate their respective tariff plans.
2021/06/23
Committee: ITRE
Amendment 148 #
Proposal for a regulation
Article 8 – paragraph 1
1. IBy 31 December 2022, in order to ensure consistent application of Articles 6 and 7, the Commission shall, after having consulted BEREC, adopt and periodically review in the light of market developments implementing acts laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the provision of retail roaming services at domestic prices and on the application to be submitted by a roaming provider for the purposes of that assessment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 4(2).
2021/06/23
Committee: ITRE
Amendment 150 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) the travelling patterns in the Union and potential impact on them of extraordinary circumstances, such as situations of force majeure;
2021/06/23
Committee: ITRE
Amendment 166 #
Proposal for a regulation
Article 12 – paragraph 1
1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 21,00 per gigabyte of data transmitted. That maximum wholesale charge shall decrease to EUR 1,500,75 per gigabyte of data transmitted on 1 January 20254. On 1 January 2025 the maximum average wholesale charge shall decrease to EUR 0,50 per gigabyte and shall, without prejudice to Articles 21, 22 and 23 remain at EUR 10,50 per gigabyte of data transmitted until 30 June 2032 .
2021/06/23
Committee: ITRE
Amendment 198 #
Proposal for a regulation
Article 17 – title
Database for numbers of value added service and means of access to emergency services
2021/06/23
Committee: ITRE
Amendment 201 #
Proposal for a regulation
Article 17 – paragraph 1
BEREC shall establish and maintain a single Union-wide database of value added services numbering ranges in each Member State toand means of access to emergency services through emergency communications mandated in each Member State. The database shall be made accessible for national regulatory authorities and operators. The database shall be established by 31 Decem at latest from 31 October 20232. To that end, the NRA or other competent authorities shall, by electronic means, provide the necessary information and the relevant updates to BEREC without undue delay.
2021/06/23
Committee: ITRE
Amendment 206 #
Proposal for a regulation
Article 21 – paragraph new1 – introductory part
new1. The Commission shall , after consulting BEREC, submit twobiennial reports to the European Parliament and to the Council. Where necessary, after submitting each report, the Commission shall adopt a delegated act pursuant to Article 22 amending the maximum wholesale charges for regulated roaming services laid down in accompanied, if appropriate, by a legislative proposal to amend this Regulation. The first such report shall be submitted by 30 June 2025 and the second by 30 June 2029 .
2021/06/23
Committee: ITRE
Amendment 221 #
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point i
(i) the impact of the application of fair use policies by operators in accordance with Article 8, including the identification of any inconsistencies in the application and implementation of such fair use policies and the extent to which those policies are needed in the future;
2021/06/23
Committee: ITRE
Amendment 223 #
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point i a (new)
(i a) the effectiveness of the quality of service obligations introduced in this Regulation and to which extent customers are properly informed and can benefit from a genuine RLAH experience;
2021/06/23
Committee: ITRE
Amendment 225 #
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point j
(j) the extent to which roaming customers and operators face problems in relation to value added services and how those problems can be resolved to protect customers and strengthen the internal market;
2021/06/23
Committee: ITRE
Amendment 239 #
Proposal for a regulation
Article 22
Revision of the maximum wholesale The Commission shall, taking utmost account of the opinion of BEREC, adopt a delegated act in accordance with Article 23 to amend the maximum wholesale charges that a visited network operator can levy on the roaming provider for the provision of regulated voice, SMS or data roaming services by means of that visited network under Articles 10, 11 and 12. To that end, the Commission shall: (a) comply with the principles, criteria and parameters set out in Annex I; (b) take into account the current average wholesale rates charged across the Union and the need to leave appropriate economic space for the commercial market to evolve; (c) take into account market information provided by BEREC, national regulatory authorities or, directly, by undertakings providing electronic communications networks and services.Article 22 deleted charges
2021/06/23
Committee: ITRE
Amendment 242 #
Proposal for a regulation
Article 23
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 21 and 22 shall be conferred on the Commission for an indeterminate period of time from 1 January 2025. 3. The delegation of power referred to in Articles 21 and 22 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 21 and 22 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.3 deleted Exercise of the delegation
2021/06/23
Committee: ITRE
Amendment 249 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
This Regulation shall apply from the date of its entry into force. However, the second subparagraph of Article 14(1) and the second paragraph of Article 16 shall apply from 1 January 2023 insofar as those provisions are related to the establishment of the database referred to in Article 17.
2021/06/23
Committee: ITRE