22 Amendments of Robert ROCHEFORT related to 2011/0187(COD)
Amendment 35 #
Proposal for a regulation
Recital 2
Recital 2
Does not concern English version.
Amendment 48 #
Proposal for a regulation
Recital 22
Recital 22
(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down with regard to the separate provision of a separate sale offree roaming services which should be introduced in a coordinated manner across the Union. Consumers should be able to choose a different provider for roaming services without changing their number, and in a manner which ensures interoperability of services, with roaming services being provided anywhere in the Union and with the same level of quality. Consumers opting to keep the same operator for roaming services should be able to choose to have their roaming services directly deducted from their credit for national communications, so that they are only charged over and above their normal package tariff once their national credit has been used up.
Amendment 58 #
Proposal for a regulation
Recital 33
Recital 33
(33) During the transitional period of safeguard caps, new roaming customers should be fully informed of the range of tariffs that exist for roaming within the Union, including the tariffs which are compliant with the transitory Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if, after having been reminded of their current tariff conditions, they fail to express a choice within the relevant time period and of the applicable Eurotariffs, they express a choice to their operator. Such specific roaming tariffs or packages could include, for example, roaming flat-rates, non-public tariffs, tariffs with additional fixed roaming charges, tariffs with per-minute charges lower than the maximum Eurotariff or tariffs with set-up charges.
Amendment 60 #
Proposal for a regulation
Recital 40
Recital 40
(40) A common set of rules regarding unitisation of Eurotariff bills at retail level should therefore be introduced in order to further strengthen the single market and provide throughout the Union a commonthe same high level of protection to consumers of Union- wide roaming services.
Amendment 64 #
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 30rom the first 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, 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 calls made or received subject to a Eurotariff.
Amendment 70 #
Proposal for a regulation
Recital 57
Recital 57
(57) Providers of roaming services should not charge the roaming customer for any regulated data roaming service, unless and until the roaming customer accepts the provision of the service. Moreover, customers agreeing to the provision of such services should be made aware that smartphones may carry out roaming data transfers without their knowledge. They should be provided, free of charge, with details of how to prevent such transfers.
Amendment 77 #
Proposal for a regulation
Recital 67
Recital 67
(67) In order to improve the transparency of retail prices for making and receiving regulated roaming calls within the Union and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited Member State. Moreover, providers should give their customers, on request and free of charge, additional information on the per- minute or per-unit data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State. Since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt-out from this automatic message service. However, this opt-out request should only concern the Member State visited, and should not automatically apply throughout the European Union unless the consumer has explicitly requested it.
Amendment 79 #
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. 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 in writing describing the conditions of the Eurotariff and the right to switch to and from it.
Amendment 83 #
Proposal for a regulation
Recital 70
Recital 70
(70) In particular, mobile operators should provide their roaming customers, free of charge, with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another Member State. This information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension, and in such a manner as to enable easy access to it at a later date.
Amendment 85 #
Proposal for a regulation
Recital 71
Recital 71
(71) In order to facilitate customers’' understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure, when the contract is signed and at any time thereafter upon the customer’s request, the home provider should give free examples for data roaming applications, such as e-mail, picture and web-browsing, by indicating their approximate size in terms of data usage.
Amendment 87 #
Proposal for a regulation
Recital 72
Recital 72
(72) In addition, in order to avoid bill shocks, mobile operators should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services, expressed in the currency in which the roaming customer is billed, and which they should offer to all their roaming customers, free of charge, with an appropriate notification, in a media format that can be consulted again subsequently, when this limit is being approached. Upon reaching this maximum limit, customers should no longer receive and be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. In this case, they should receive free confirmation, in a media format that can be consulted again subsequently. Roaming customers should be given the opportunity to opt for any of these maximum financial or volume limits within a reasonable period or to choose not to have such a limit. Unless customers state otherwise, they should be put on a default limit system.
Amendment 91 #
Proposal for a regulation
Recital 74
Recital 74
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within five working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three monthsone month as from the day on which the request to do so is made.
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually and in a durable media format with full information on the possibility to choose an alternative roaming provider and facilitatenot hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not restrict or prevent retailers serving as their points of sale tofrom offering contracts for separate roaming services with alternative roaming providers.
Amendment 179 #
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 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,2418 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 and EUR 0,08 on 1 July 2013 and 1 July 2014 respectively. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 182 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4
Article 7 – paragraph 2 – subparagraph 4
Amendment 199 #
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. With effect from 1 July 2014, that charge may not exceed EUR 0,06. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
Amendment 227 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. No later than 30 June 2012, home providers shall inform all their roaming customers individually, and in a durable media format, about the Euro-data tariff, that it will apply from 1 July 2012 at the latest to all roaming customers who have not made a deliberate choice of a special tariff or package applicable to regulated data services, and about their right to switch to and from it in accordance with paragraph 5.
Amendment 260 #
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, 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 262 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Where appropriate, 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 tonotify their customers, free of charge and in a clear and easily understandable manner, howof what they have to do to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services.
Amendment 275 #
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, or an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member State. 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 286 #
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, or an e-mail or a pop-up window on the computer, when the data roaming services have reached 80 % of the agreed financial or volume limit. Customers 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.