17 Amendments of Bogdan Kazimierz MARCINKIEWICZ related to 2011/0187(COD)
Amendment 182 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
In order to ensure the development of the single market for telecommunications, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union.
Amendment 186 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities meeting the requirements of paragraph 1 are in place by 1 JulyMarch 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 facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 208 #
Proposal for a regulation
Article 6 – paragraph 1
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 0,141 per minute as of 1 July 2012 .
Amendment 215 #
Proposal for a regulation
Article 6 – paragraph 2
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 0,108 and EUR 0,06 5, 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.
Amendment 228 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
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 0,321 per minute for any call made or EUR 0,1109 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,2816 and EUR 0,2411 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,107 on 1 July 2013 , and 0,05 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016at EUR 0,05 for the duration of this Regulation.
Amendment 250 #
Proposal for a regulation
Article 8 – paragraph 1
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, and shall decrease to EUR 0,02 on 1 July 2013 and to EUR 0,021 on 1 July 2014. 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.
Amendment 253 #
Proposal for a regulation
Article 9 – paragraph 2
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 shall reduce to EUR 0,09 on 1 July 2012, to EUR 0,07 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 0,10 until 30 June 201605 for the duration of this Regulation.
Amendment 278 #
Proposal for a regulation
Article 11 – paragraph 1
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, EUR 0,20200 EUR, 150 EUR as of 1 July 2013 and EUR 0,10100 EUR as of 1 July 2014 per megigabyte 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 0,10100 EUR per megigabyte of data transmitted for the duration of this Regulation.
Amendment 280 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each provider of roaming services for the provision of regulated data roaming services in the relevant period by the total number of megigabytes of data actually consumed by the provision of those services within that period, aggregated on a per kilobyte basis.
Amendment 286 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
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 0,90500 EUR per megigabyte. The price ceiling for data used shall decrease to EUR 0,70 and EUR 0,50300 EUR and 200 EUR, per megigabyte 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 0,50200 EUR, per megigabyte used until 30 June 2016for the duration of this Regulation.
Amendment 306 #
Proposal for a regulation
Article 13 – paragraph 2
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 750% or less of the maximum wholesale charges provided for in Articles 6(2), 8(1) and 11(1), 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.
Amendment 309 #
Proposal for a regulation
Article 13 – paragraph 3
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 750% 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. 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 retail charges no longer apply for the service concerned.
Amendment 314 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
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 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 Statecountry 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 Statecountry.
Amendment 317 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member Statecountry.
Amendment 333 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
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 Statecountry concerned, except where the customer has notified his home provider that he does not require this information.
Amendment 335 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
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 Statecountry other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member Statecountry. 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.
Amendment 345 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 20156. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia: