19 Amendments of Róża THUN UND HOHENSTEIN related to 2021/0045(COD)
Amendment 42 #
Proposal for a regulation
Recital 15
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.
Amendment 62 #
Proposal for a regulation
Recital 28
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.
Amendment 67 #
Proposal for a regulation
Recital new(29
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.
Amendment 127 #
Proposal for a regulation
Article 5 – paragraph 2
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.
Amendment 131 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
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.
Amendment 142 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
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.
Amendment 143 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
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.
Amendment 148 #
Proposal for a regulation
Article 8 – paragraph 1
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).
Amendment 150 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
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;
Amendment 166 #
Proposal for a regulation
Article 12 – paragraph 1
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 .
Amendment 198 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Database for numbers of value added service and means of access to emergency services
Amendment 201 #
Proposal for a regulation
Article 17 – paragraph 1
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.
Amendment 206 #
Proposal for a regulation
Article 21 – paragraph new1 – introductory part
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 .
Amendment 221 #
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point i
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;
Amendment 223 #
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point i a (new)
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;
Amendment 225 #
Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point j
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;
Amendment 239 #
Proposal for a regulation
Article 22
Article 22
Amendment 242 #
Proposal for a regulation
Article 23
Article 23
Amendment 249 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
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.