49 Amendments of Sylvana RAPTI related to 2011/0187(COD)
Amendment 30 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) A Single Market for telecommunications cannot be said to exist while significant price differences exist between domestic and roaming prices; therefore the ultimate aim of this Regulation should be to eliminate roaming charges altogether, thus establishing a pan-EU mobile communications market.
Amendment 33 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Higher domestic tariffs on calls, SMS and data's (including those bound for other countries than the domestic country) comparing to roaming tariffs are not beneficial to the consumer and create a market distortion; from 2012, domestic tariffs should hence not exceed the retail price caps defined for the roaming tariffs.
Amendment 41 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Protecting the principles of the neutrality and openness of the Internet and the end users’ ability to access and distribute information and run applications and services of their choice should become even more important as the Digital Single Market is created in particular through roaming.
Amendment 42 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to allow for the development of a more efficient and competitive market for roaming services, there should be no restrictions that prevent undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. However, at present there are obstacles to the access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings. The removal of these obstacles would facilitate the development of alternative and innovative roaming services and offers for customers, in particular from virtual network operators. It would also facilitate the development of pan-European services.
Amendment 61 #
Proposal for a regulation
Recital 41
Recital 41
(41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff, subject only to the possibility to apply a minimum initial charging period of no more than 30 seconds for calls made. This will enable operators to cover any reasonable set-up costs and to provide flexibility to compete by offering shorter minimum charging periods. However, n. No minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set- up costs are already covered by mobile termination rates.
Amendment 65 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) Operators should take the appropriate measures to ensure that cross-border consumers do not face problems due to their cross-border location, such as roaming charges while they are still in their home country.
Amendment 73 #
Proposal for a regulation
Recital 64
Recital 64
(64) To ensure that all users of mobile voice telephony may benefit from the provisions of this Regulation, the transitory retail pricing requirements should apply regardless of whether roaming customers have a pre-paid or a post-paid contract with their home provider, and regardless of whether the home provider has its own network, is a mobile virtual network operator or is a reseller of mobile voice telephony services.
Amendment 78 #
Proposal for a regulation
Recital 68
Recital 68
(68) Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. Home providers should provide information on roaming charges by appropriate means such as invoices, the internet, TV advertisements or direct mail. All information and offers should be clear, understandable, comparable and transparent with regard to prices and service characteristics. Advertising of roaming offers and marketing to consumers should fully comply with consumer protection legislation, in particular with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’)1. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the Eurotariff and the right to switch to and from it. _____________ 1 OJ L 149, 11.6.2005, p. 22
Amendment 80 #
Proposal for a regulation
Recital 69
Recital 69
(69) Moreover, measures should be introduced to improve the transparency of retail prices for dataall roaming services, in particular to eliminate the problem of ‘bill shock’ which constitutes a barrier to the smooth functioning of the internal market, and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services. Equally, there should be no obstacles to the emergence of applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi. Consumers should be provided with this information, thereby allowing them to make an informed choice.
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation introduces a common approach to ensuringbring about a truly single market in mobile communications. The first step is to put in place an transitional period to ensure that users of public mobile communications networks when travelling within the Union do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, when making calls and receiving calls, when sending and receiving SMS messages and when using packet switched data communication services, thereby contributing to the smooth functioning of the internal market while achieving a high level of consumer protection, fostering competition and transparency in the market and offering both incentives for innovation and consumer choice. The second step is to put in place the necessary measures which would enable the abolition of the concept of roaming within the whole Union, ensuring identical prices throughout the Union.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
It lays down rules to guarantee the separate sale of roaming services from domestic mobile communications services and the conditions for wholesale access to public mobile telephone networks for the purpose of provision of roaming services. It also lays down transitory rules on the charges that may be levied by mobile operators for the provision of Union-wide roaming services for voice calls and SMS messages originating and terminating within the Union and for packet switched data communication services used by roaming customers while roaming on a mobile communications network in another Member State. It applies both to charges levied between network operators at wholesale level and to charges levied by home providers at retail level.
Amendment 104 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ‘home provider’ means an undertaking that provides a customer with Union-wide roaming services either via its own network or as a mobile virtual network operator or reseller;
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 2 – point n
Article 2 – paragraph 2 – point n
(n) ‘wholesale roaming access’ means the making available of facilities and/or services to another undertaking, on a non- discriminatory basis, under defined conditions, for the purpose of providing roaming services to retail customers;
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 116 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.
Amendment 120 #
Proposal for a regulation
Article 4
Article 4
Amendment 140 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2016, the retail price caps as laid down in Article 7, Article 9 and Article 12 shall have effect.
Amendment 146 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
In order to ensure the development of the singletemporary 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 customer- friendly way; (c) it shall allow for a maximum degree of interoperability; (d) it shall ensure that the concept of net neutrality is respected for all data use, in particular access to VOIP and other similar services; (e) customers shall be able to easily and quickly switch to an alternative roaming provider or between alternative roaming providers while retaining their mobile number; (f) roaming by Union citizens in third countries shall not be impeded.
Amendment 152 #
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 0,140 per minute as of 1 July 2012.
Amendment 161 #
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 0,107 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.
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
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.
Amendment 169 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
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 Julanuary 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013. Without prejudice to Articles 13 and 19 tThese regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 183 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Any roaming customer may request to switch to or from a Eurotariff. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription, save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service (namely, voice, SMS and/or data) wishes to switch to a Eurotariff, the home provider may require the switching customer to forego the benefits of the other elements of that package. A home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period.
Amendment 190 #
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. Without prejudice to Articles 13 and 19, t07. The price ceiling shall decrease to 0,06 on 1 July 2013 and to 0,05 on 1 January 2014. The regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 200 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Any roaming customer may request to switch to or from a Euro-SMS tariff at any time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period. A Euro-SMS tariff may always be combined with a Eurotariff.
Amendment 214 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
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 Julanuary 2014 respectively. Without prejudice to Articles 13 and 19, tThe regulated maximum retail charge shall remain at EUR 0,520, per megabyte used until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 226 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Any roaming customer may request to switch to or from a Euro-data tariff respecting their contractual conditions at any point in time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period. A Euro-data tariff may always be combined with a Euro-SMS tariff and a Eurotariff.
Amendment 229 #
Proposal for a regulation
Article 13
Article 13
Amendment 235 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 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 Statecountry other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT and in the currency of his home bill) 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 239 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Article 14 – paragraph 1 – subparagraph 2 – introductory part
This basic personalised pricing information shall include the maximumactual charges (including VAT and in the currency of his home bill) the customer may be subject to under his tariff scheme for:
Amendment 243 #
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 248 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4
Article 14 – paragraph 1 – subparagraph 4
On the occasion of each message, a customer who is at least 18 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.
Amendment 252 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
Amendment 257 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 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.
Amendment 261 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 266 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the chargesactual charges (including VAT and in the currency of his home bill) applicable to the provision of regulated data roaming services to that roaming customer in the Member Statecountry concerned, except where the customer who is at least 18 years old has notified his home provider that he does not require this information. Since the bill is charged per Megabyte, the automatic message shall also give a clear example of what a Megabyte of data accounts for.
Amendment 274 #
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 279 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
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).
Amendment 281 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3
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 old the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT).
Amendment 284 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6
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.
Amendment 290 #
Proposal for a regulation
Article 15 a (new)
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 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.
Amendment 291 #
Proposal for a regulation
Article 18 – paragraph 1
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. Those penalties shall include an obligation of providers to provide a compensation to subscribers when they 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.
Amendment 296 #
Proposal for a regulation
Article 19 – paragraph 1 – indent 1
Article 19 – paragraph 1 – indent 1
Amendment 297 #
Proposal for a regulation
Article 19 – paragraph 1 – indent 2
Article 19 – paragraph 1 – indent 2
Amendment 298 #
Proposal for a regulation
Article 19 – paragraph 1 – indent 3
Article 19 – paragraph 1 – indent 3
Amendment 299 #
Proposal for a regulation
Article 19 – paragraph 1 – indent 4
Article 19 – paragraph 1 – indent 4
Amendment 300 #
Proposal for a regulation
Article 19 – paragraph 1 – indent 5
Article 19 – paragraph 1 – indent 5
Amendment 301 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2