Procedure completed
2008/0187(COD) Electronic communications: roaming on public mobile telephone networks within the Community; regulatory framework for networks and services
Lead committee dossier: ITRE/6/67815
Legal Basis EC Treaty (after Amsterdam) EC 095
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | CULT | MAVROMMATIS Manolis (PPE-DE) | |
| Opinion | ECON | ||
| Opinion | IMCO | KAMALL Syed (PPE-DE) | |
| Lead | ITRE | VĂLEAN Adina-Ioana (ALDE) |
Legal Basis EC Treaty (after Amsterdam) EC 095
Subjects
Activites
- 2009/06/29 Final act published in Official Journal
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2009/06/18
Final act signed
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2009/06/18
End of procedure in Parliament
- #2947
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2009/06/08
Council Meeting
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2009/06/08
Act adopted by Council after Parliament's 1st reading
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2009/04/22
Results of vote in Parliament
- Results of vote in Parliament
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T6-0249/2009
summary
The European Parliament adopted by 646 votes to 22, with 9 abstentions, a legislative resolution amending, under the first reading of the codecision procedure, the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 717/2007 on roaming on public mobile telephone networks within the Community and Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services.The amendments were the result of a compromise negotiated by the members of the parliamentary committee responsible with the Council Presidency.The compromise does not fix roaming prices at rates set by the EU, but sets ceilings beneath which mobile operators can compete by offering lower prices.The main amendments were as follows:Wholesale charge: under the compromise, the average wholesale charge applied between any pair of operators, decreased to €0.28 and €0.26 on 30 August 2008 and on 1 July 2009 respectively, shall further decrease to:€0.22 on 1 July 2010;€0.18 on 1 July 2011.Cutting the charges for roaming phone calls (retail charges): the 2007 roaming regulation lays down that from 1 July 2009 consumers will have to pay a maximum of €0.43 per minute (excluding VAT) for outgoing and a maximum of €0.19 per minute (excluding VAT) for incoming roaming calls.The new legislative text sets roaming phone call caps for 2010 and 2011 and stipulates that home operators may charge their customers for a roaming phone call:from 1 July 2010: a maximum of €0.39 per minute (excluding VAT) for outgoing and a maximum of €0.15 per minute (excluding VAT) for incoming roaming calls;from 1 July 2011: a maximum of €0.35 per minute (excluding VAT) for outgoing and a maximum of €0.11 per minute (excluding VAT) for incoming roaming calls.From 1 July 2009, operators would have to charge their customers by the second but can apply an initial minimum charging period of 30 seconds.By 1 July 2010, home providers shall not levy any charge on their roaming customers for the receipt by them of a roaming voice mail message. This shall be without prejudice to other applicable charges such as those for listening to such messages.MEPs and the Council Presidency also agreed with the Commission that a roamed text message (SMS) should cost a maximum of €0.11 (excluding VAT) from 1 July 2009.Transparency of retail charges for regulated roaming calls and SMS messages: the basic personalised pricing information shall include information on the possibility of accessing emergency services by dialling the European emergency number 112 free-of-charge.Transparency and safeguard mechanisms for regulated data roaming services: 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. 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, they shall explain to their customers, in a clear and easily understandable manner, how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services.Monthly limits: to prevent “bill shocks”, mobile operators should define one or more maximum monthly 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 warning message when this limit is being approached. One of these limits (the default financial limit) shall be close to, but not exceeding €50 of outstanding charges per monthly billing period (excluding VAT).Upon this maximum limit being reached, the customer should no longer receive and be charged for those services unless he or she specifically requests continued provision of those services. Roaming customers should be given the opportunity to opt for any of these maximum monthly financial or volume limits within a reasonable period or to choose not to have such a limit.Unless the customers state otherwise, they should be put on a default limit system. By 1 July 2010, the default limit shall be applicable to all customers who have not opted for another limit.Warning customers: each home provider shall ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an email or a pop-up window on the computer, when the data roaming services have reached 80% of the agreed financial or volume limit.When this financial or volume limit would otherwise be exceeded, a notification shall be sent to the roaming customer's mobile telephone or other device. This notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed. If the roaming customer does not respond as prompted in the notification received, the home provider shall immediately cease to provide and to charge the roaming customer for regulated data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services.As of 1 November 2010, whenever a roaming customer requests to opt for or to remove a “financial or volume limit” facility, the change must be made within one working day of receipt of the request, free of charge, and shall not entail conditions or restrictions pertaining to other elements of the subscription.Wholesale charges for roaming data services: with effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of:from 1 July 2009: a maximum of €1.00 per megabyte;from 1 July 2010: a maximum of €0.80 per megabyte;from 1 July 2011: a maximum of €0.50 per megabyte.Review: 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 2011. In so doing, the Commission shall review, inter alia:the availability and quality of services including those which are an alternative to roaming (voice, SMS and data), in particular in the light of technological developments;the extent to which consumers have benefited through real reductions in the price of roaming services or in other ways from reductions in the costs of the provision of roaming services and the variety of tariffs and products which are available to consumers with different calling patterns;the degree of competition in both the retail and wholesale markets, in particular the competitive situation of smaller, independent or newly started operators, including the competition effects of commercial agreements and the degree of interconnection between operators.The Commission shall also assess methods other than price regulation which could be used to create a competitive internal market for roaming and in so doing shall have regard to an analysis carried out independently by BEREC. On the basis of this assessment the Commission shall make appropriate recommendations.Moreover, the Commission shall, no later than 30 June 2010, prepare an interim report to the European Parliament and the Council, which shall include a summary of the monitoring of the provision of roaming services in the Community and an assessment of the progress towards achieving the objectives of this Regulation.Entry into force: under the compromise, the regulation will expire by 30 June 2012. The existing regulation for roaming phone calls would otherwise expire by the end of June 2010.
- 2009/04/21 Debate in Parliament
- 2009/04/03 Committee report tabled for plenary, 1st reading/single reading
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2009/03/31
Vote in committee, 1st reading/single reading
- #2907
- 2008/11/27 Council Meeting
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2008/11/20
Referral to associated committees announced in Parliament
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2008/10/09
Committee referral announced in Parliament, 1st reading/single reading
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2008/09/23
Legislative proposal published
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COM(2008)0580
summary
PURPOSE: to extend, in time and in scope, Regulation (EC) No 717/2007 on roaming on public mobile telephone networks within the Community so as to ensure that users of public mobile telephone networks do not pay excessive prices for Community-wide roaming services.PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: in response to persistent concerns over the lack of competitive pressures in the market for international roaming services, Regulation (EC) No 717/2007 (amending Directive 2002/21/EC) introduced a common approach to ensure that users of public mobile telephone networks did not pay excessive prices for Community-wide roaming services, by imposing limits on the charges that may be levied by mobile operators, at wholesale and retail levels, for the provision of voice roaming calls originating and terminating within the Community. The Regulation also laid down rules aimed at increasing price transparency and improving the provision of customer information to users of Community-wide roaming services.The Regulation entered into force in June 2007 and shall expire on 30 June 2010.The Commission's Communication on its review of the functioning of Regulation (EC) No 717/2007 concluded that, while implementation of the Regulation has in general been smooth, the structural problems that constrain competitive forces in the roaming market have remained:data collected by the European Regulators Group (ERG), which includes all 27 EU national regulators (NRAs), show that prices for voice roaming calls at wholesale and retail level do not vary sufficiently below the maximum levels set by the Regulation to provide evidence of healthy competition;billing practices applied by mobile operators to voice roaming calls, whereby calls are often charged on the basis of units of up to 60 seconds, represent a hidden charge to the consumer which the ERG has estimated adds around 24% to a typical Eurotariff roaming bill for calls made and 19% for calls received;the analysis of the SMS segment of the intra-Community roaming market also shows that prices at both wholesale and retail levels are not justified by underlying costs and that, for the same reasons as apply to voice roaming, there is insufficient competitive pressure on operators to bring these prices down; the review of the data roaming segment of the market concluded that prices for this service were high when compared to the charges for equivalent domestic services or to underlying costs of provision and that this problem was compounded by lack of transparency.The Commission deems it necessary to take measures to enable roaming customers to understand and control their expenditure on data roaming services more effectively and to prevent bill shocks, as well as to eliminate barriers to the utilisation of mobile data roaming services throughout the internal market and remove appreciable distortions of competition.CONTENT: this proposal aims to amend Regulation (EC) No 717/2007, in order to further strengthen the single market for electronic communications by ensuring that prices paid by users of public mobile networks for Community-wide roaming services when travelling within the Community are not unjustifiably higher than the charges payable when calling, sending SMS messages or transferring data within their home country and that users have the information they need to understand and control their expenditure on roaming services.In particular, the proposal:- provides for the extension in time and scope of Regulation (EC) No 717/2007. As regards voice roaming, the proposal extends the existing Regulation for three more years (until 2013) and sets new maximum limits during the extended period for the charges that mobile network operators may levy for the wholesale provision of regulated roaming calls;- establishes new maximum limits during the extended period for charges subject to a Eurotariff;- stipulates that per second billing requirements should apply at wholesale as well as retail level subject to a minimum charging period at retail level of up to 30 seconds for roaming calls made;- extends Regulation (EC) No 717/2007 to cover intra-Community roaming SMS services, by establishing a maximum limit for the charges that mobile network operators may levy for the wholesale provision of roaming SMS messages sent within the Community and by requiring mobile operators to offer their roaming customers a "Euro-SMS tariff" which must not exceed a maximum price limit per SMS;- promotes price transparency by extending the obligation on mobile providers to give their roaming customers personalised price information when entering another Member State, to include information on the cost of sending a regulated roaming SMS message; - bring forward the date provided for the decrease in the price limits for regulated roaming calls at wholesale and retail levels in 2009 from 30 August to 1 July, in order to ensure consistency with the obligations regarding the pricing of regulated SMS messages. In this way, users of both voice and SMS roaming services will be able to benefit from the new tariffs during the period when there is the greatest demand for those services; - introduces price transparency and safeguard mechanisms for data roaming services, to enable customers better to understand and control their expenditure on these services and avoid bill shocks. In particular:· when roaming customers first initiate a data roaming session on entering another Member State, their operator will have to inform them that they are roaming and provide personalised information on the applicable tariffs for that service;· operators will also be required, within approximately one year of entry into force of the amendments contained in the proposal, to offer all roaming customers free of charge an opportunity to specify in advance a maximum financial limit for data roaming;· as a safeguard mechanism to give roaming providers a level of assurance as to the wholesale costs to be incurred and to avoid appreciable distortion of competition, given the persistence of high wholesale charges (in particular on non-preferred networks) and traffic steering limitations, the proposal sets a limit on the average wholesale charge which the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services.
- DG {'url': 'http://ec.europa.eu/dgs/connect/index_en.htm', 'title': 'Communications Networks, Content and Technology'}, REDING Viviane
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COM(2008)0580
summary
Documents
- Legislative proposal published: COM(2008)0580
- Debate in Council: 2907
- Committee report tabled for plenary, 1st reading/single reading: A6-0138/2009
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T6-0249/2009
- : Regulation 2009/544
- : OJ L 167 29.06.2009, p. 0012
| Amendments | Dossier |
| 291 |
2008/0187(COD)
2009/01/26
CULT
4 amendments...
Amendment 5 #
Proposal for a regulation - amending act Recital 12 a (new) (12a) Some operators face higher costs than others due to geographical or others due to geographical or other circumstances, such as difficult topography, regions with low population density, large influxes of tourists within short time periods.
Amendment 6 #
Proposal for a regulation - amending act Recital 40 (40) This common approach should nevertheless be maintained for a limited time period but may, in the light of a review to be carried out by the Commission, be further extended or amended. The Commission should review the effectiveness of Regulation (EC) No 717/2007 as amended by this Regulation and the contribution which it makes to the implementation of the regulatory framework and the smooth functioning of the internal market, while keeping in mind its impact on the smaller mobile communications providers in the Community and their position in the Communitywide roaming market.
Amendment 7 #
Proposal for a regulation - amending act Article 1 - point 6 Regulation 717/2007/EC Article 4a - paragraph 4a (new) 4a. Some operators face higher costs than others due to geographical or others due to geographical or other circumstances, such as difficult topography, regions with low population density, large influxes of tourists within short time periods.
Amendment 8 #
Proposal for a regulation - amending act Article 1 - point 11 Regulation 717/2007/EC Article 6a - paragraph 2 - subparagraph 1 and 2 2. From 1 July 2009 at the latest, 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 State concerned, except when the customer has notified his home provider that he does not require this information.
source: PE-418.329
2009/02/02
ITRE
176 amendments...
Amendment 100 #
Proposal for a regulation – amending act Article 1 – point 10 Regulation (EC) No 717/2007 Article 6 – paragraph 1 – subparagraph 3 It shall also include the free-of-charge
Amendment 101 #
Proposal for a regulation – amending act Article 1 – point 10 Regulation (EC) No 717/2007 Article 6 – paragraph 2 2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, wherever they are, more detailed personalised pricing information on the roaming charges that apply to voice calls, SMS, MMS and other data communication services, as well as information on the transparency measures applicable by virtue of this Regulation, by means of a mobile voice call or by SMS. Such a request shall be to a free-of-charge number designated for this purpose by the home provider.
Amendment 102 #
Proposal for a regulation – amending act Article 1 – point 10 Regulation (EC) No 717/2007 Article 6 – paragraph 3 –subparagraph 1 3. Home providers shall provide all users with full information on applicable roaming charges, in particular on the Eurotariff, the Euro-SMS tariff and the Euro-
Amendment 103 #
Proposal for a regulation – amending act Article 1 – point 10 Regulation (EC) No 717/2007 Article 6 – paragraph 3 –subparagraph 1 3. Home providers shall provide all users
Amendment 104 #
Proposal for a regulation – amending act Article 1 – point 10 Regulation (EC) No 717/2007 Article 6 – paragraph 3 –subparagraph 2 Home providers shall take the necessary steps to secure awareness by all their roaming customers of the availability of the Eurotariff
Amendment 105 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 1 1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in
Amendment 106 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a– paragraph 1 1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in
Amendment 107 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 1 1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in
Amendment 108 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 1 1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in
Amendment 109 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 1 1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in
Amendment 110 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 2 – subparagraph 1 2. From 1 July 2009 at the latest, 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 State concerned, except when the customer has notified his home provider that he does not require this information.
Amendment 111 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 2 – subparagraph 1 2. From 1 July 2009 at the latest, 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
Amendment 112 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer enters a Member State or initiates a regulated data roaming service in a particular Member State other than that of his home network for the first time after having entered that Member State. It shall be provided without undue delay and free of charge, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 113 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 2 – subparagraph 2 2. Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer enters a Member State or initiates a regulated data roaming service in a particular Member State other than that of his home network for the first time after having entered that Member State. It shall be provided without undue delay and free of charge, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 114 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 2 – subparagraph 2 Such personalised tariff information shall be delivered to the roaming customer's
Amendment 115 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 2 – subparagraph 2 Such personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer initiates a regulated data roaming service in a particular Member State other than that of his home network
Amendment 116 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 2 – subparagraph 2 Such personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer initiates a regulated data roaming service in a particular Member State other than that of his home network
Amendment 117 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 2 – subparagraph 2 Such personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer initiates a regulated data roaming service in a particular Member State other than that of his home network
Amendment 118 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6 a – paragraph 2 – subparagraph 2 Such personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, whenever the roaming customer enters a Member State or initiates a regulated data roaming service in a particular Member State other than that of his home network
Amendment 119 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 3. By 31
Amendment 120 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 3. By
Amendment 121 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 3. By 1 J
Amendment 122 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 3. By 1 J
Amendment 123 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 3. By 1 J
Amendment 124 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 3. By 1 J
Amendment 125 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 3. By 31
Amendment 126 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 3. By 1
Amendment 127 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 a (new) Such a cut-off limit shall respect Community data protection laws and be technologically neutral. In addition, the home provider may offer to its roaming customers other ‘cut- off limits’ with different, namely, higher, lower or maximum monthly financial limits such as flat rates.
Amendment 128 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 a (new) Such a cut-off limit shall respect Community data protection laws and be technologically neutral. In addition, the home provider may offer to its roaming customers other ‘cut- off limits’ with different, namely, higher, lower or maximum monthly financial limits such as flat rates.
Amendment 129 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 a (new) In addition, the home provider may offer to its roaming customers other ‘cut-off limits’ with different, namely, higher, lower or maximum monthly financial limits like flat rates.
Amendment 130 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 a (new) Such a cut-off limit shall respect Community data protection laws and be technologically neutral. In addition, the home provider may offer to its roaming customers other ‘cut-off limits’ with different, namely, higher, lower or maximum monthly financial limits like flat rates.
Amendment 131 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 a (new) In addition, the home provider may offer to its roaming customers other ‘cut-off limits’ with different, namely, higher , lower or maximum monthly financial limits such as flat rates.
Amendment 132 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 b (new) By 1 March 2010, all roaming customers who did not express their choice shall be automatically placed on a ‘cut- off limit’ of 50 EUR (excluding VAT).
Amendment 133 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 b (new) By 1 March 2010, all roaming customers who did not express their choice shall be automatically placed on a ‘cut-off limit’ of 50 EUR (excluding VAT).
Amendment 134 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 b (new) By 1 March 2010, all roaming customers who did not express their choice shall be automatically placed on a ‘cut-off limit’ of 50 EUR (excluding VAT).
Amendment 135 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 b (new) By 1 March 2010, all roaming customers who did not express their choice shall be automatically placed on a ‘cut-off limit’ of 50 EUR (excluding VAT).
Amendment 136 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 1 b (new) By 1 March 2010, all roaming customers who did not express their choice shall be automatically placed on a ‘cut-off limit’ of 50 EUR (excluding VAT).
Amendment 137 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 2 When th
Amendment 138 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 2 When this Cut-Off Limit is reached, the home provider shall, either automatically or on the request of a customer, immediately cease to provide the roaming customer with regulated data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services.
Amendment 139 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 2 Amendment 140 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 2 Amendment 141 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 2 Amendment 142 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 2 Amendment 143 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 2 When this
Amendment 144 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 2 a (new) In addition, the home provider shall notify the roaming customer of the date on which the monthly outstanding charges for regulated data roaming services have reached an amount yet to be defined until December 2009 and shall allow the customer to request the immediate termination of those services.
Amendment 145 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 The home provider
Amendment 146 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 Amendment 147 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 Amendment 148 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 Amendment 149 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 Amendment 150 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 Amendment 151 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 The home provider shall also ensure that an appropriate warning message is sent to the roaming customer's mobile telephone or other device
Amendment 152 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 a (new) From 1 March 2010, whenever a roaming customer requests to opt for or to remove a ‘cut off limit’ facility, the change must be made free of charge within one working day of receipt of the request, and shall not result in the imposition of conditions or restrictions on other elements of the subscription.
Amendment 153 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 a (new) From 1 March 2010, whenever a roaming customer requests to opt for or to remove a ‘cut off limit’ facility, the change must be made free of charge within one working day of receipt of the request, and shall not result in the imposition of conditions or restrictions on other elements of the subscription.
Amendment 154 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 a (new) From 1 March 2010, whenever a roaming customer requests to opt for or to remove a ‘cut off limit’ facility, the change must be made free of charge within one working day of receipt of the request, and shall not result in the imposition of conditions or restrictions on other elements of the subscription.
Amendment 155 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 a (new) From 1 March 2010, whenever a roaming customer requests to opt for or to remove a ‘cut off limit’ facility, the change must be made free of charge within one working day of receipt of the request, and shall not result in the imposition of conditions or restrictions on other elements of the subscription.
Amendment 156 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 a (new) Any roaming customer may request at any time the removal or reintroduction of an expenditure limit on an unlimited data roaming tariff. The change must be made free of charge within one working day of receipt of the request and shall not result in the imposition of conditions or restrictions pertaining to other elements of the subscription.
Amendment 157 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 3 – subparagraph 3 a (new) Whenever a roaming customer requests to opt for or to remove a ‘cut off limit’ facility, the change must be made within one working day of receipt of the request, free of charge, and shall not entail conditions or restrictions pertaining to other elements of the subscription.
Amendment 158 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 Amendment 159 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 – point a (a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 16 #
Proposal for a regulation – amending act Recital 1 (1) Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC imposed limits on the charges that may be levied by mobile operators, at wholesale and retail levels, for the provision of international roaming services for voice calls originating and terminating within the Community. That Regulation also laid down rules aimed at increasing price transparency and improving the provision of information on charges to users of Community-wide roaming services. The price limits laid down should lead to prices for Community-wide roaming services coming into line with, but not falling below, the corresponding prices at national level.
Amendment 160 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 – point a Amendment 161 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 – point a a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 162 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 – point a (a) The average wholesale charge that the
Amendment 163 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 – point a (a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 1.00 per megabyte
Amendment 164 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 – point a (a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network, regardless of quantity and on a non-discriminatory basis, shall not exceed a safeguard limit of EUR 1.00 per megabyte of data transmitted.
Amendment 165 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 – point c (c) The average wholesale charge referred to in point a shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each operator of a home network for the provision of regulated data roaming services in the relevant period by the total number of megabytes of data actually consumed by the provision of those services within that period, aggregated on a per kilobyte basis.
Amendment 166 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 – point c (c) The average wholesale charge referred to in point a shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each
Amendment 167 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 – point c (c) The average wholesale charge referred to in point a shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each operator of a home network for the provision of regulated data roaming services in the relevant period by the total number of megabytes of data consumed by the provision of those services within that period aggregated on a per kilobyte basis.
Amendment 168 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 – point c (c) The average wholesale charge referred to in point a shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each operator of a home network for the provision of regulated data roaming services in the relevant period by the total number of
Amendment 169 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 a (new) 4a. With effect from 1 July 2009, home operators shall apply Euro-data tariffs to all existing roaming customers automatically, with the exception of such roaming customers who have already made a deliberate choice of a specific roaming tariff or package by virtue of which they benefit from a different tariff for data roaming services than they would have been accorded in the absence of such a choice.
Amendment 17 #
Proposal for a regulation – amending act Recital 1 (1) Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC imposed, on an exceptional and temporary basis, limits on the charges that may be levied by mobile operators, at wholesale and retail levels, for the provision of international roaming services for voice calls originating and terminating within the Community. That Regulation also laid down rules aimed at increasing price transparency and improving the provision of information on charges to users of Community-wide roaming services.
Amendment 170 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 a (new) Amendment 171 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 b (new) 4b. With effect from 1 July 2009, home operators shall apply Euro-data tariffs to all new roaming customers, with the exception of such roaming customers who have already made a deliberate choice of a specific roaming tariff or package by virtue of which they benefit from a different tariff for data roaming services than they would have been accorded in the absence of such a choice.
Amendment 172 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 c (new) 4c. Any roaming customer may request to switch to or from a Euro-data 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 three months. A Euro-data tariff may always be combined with a Eurotariff and/or Euro- SMS tariff.
Amendment 173 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007 Article 6a – paragraph 4 d (new) 4d. Not later than 1 June 2009, home providers shall inform all their roaming customers individually about the Euro- data tariff, about the fact that it will apply from 1 July 2009 at the latest to all roaming customers who have not made a deliberate choice of a special tariff or package applicable to regulated data roaming services, and about their right to switch to and from it in accordance with paragraph 5.
Amendment 174 #
Proposal for a regulation – amending act Article 1 – point 11 a (new) Regulation (EC) No 717/2007 Article 6b (new) Amendment 175 #
Proposal for a regulation – amending act Article 1 – point 11 a (new) Regulation (EC) No 717/2007 Article 6b (new) (11a) The following Article 6b shall be inserted: "Article 6b 1. The retail charge (excluding VAT) which a home provider may levy from its roaming customer for the provision of a data roaming charge shall not exceed a safeguard limit of EUR 0.002 per kilobyte of data transmitted billed on a per kilobyte basis. 2. The home provider or the operator of the visited network shall not discriminate against a roaming customer who is being charged the safeguard limit as regards quality of service, unless that customer has given his prior consent."
Amendment 176 #
Proposal for a regulation – amending act Article 1 – point 12 – point a a (new) Regulation (EC) No 717/2007 Article 7 – paragraph 3 (aa) Article 7(3) shall be replaced by the following: "3. National regulatory authorities shall in preparation for the review provided for in Article 11, monitor developments in wholesale and retail charges for the provision to roaming customers of voice and data communications services, including SMS and MMS, including in the outermost regions referred to in Article 299(2) of the Treaty. National regulatory authorities shall monitor the quality of data services in terms of available minimum speed and reliability. National regulatory authorities shall also be alert to the particular case of involuntary roaming in the border regions of neighbouring Member States and monitor whether traffic steering techniques are used to the disadvantage of customers. They shall communicate the results of such monitoring to the Commission, including separate information on corporate, post-paid and pre-paid customers, every six months."
Amendment 177 #
Proposal for a regulation – amending act Article 1 – point 12 – point a a (new) Regulation (EC) No 717/2007 Article 7 – paragraph 3 (aa) Article 7(3) shall be replaced by the following: "3. National regulatory authorities shall in preparation for the review provided for in Article 11, monitor developments in wholesale and retail charges for the provision to roaming customers of voice and data communications services, including SMS and MMS, including in the outermost regions referred to in Article 299(2) of the Treaty. National regulatory authorities shall monitor the quality of data services in terms of available minimum speed and reliability. National regulatory authorities shall also be alert to the particular case of involuntary roaming in the border regions of neighbouring Member States and monitor whether traffic steering techniques are used to the disadvantage of customers. They shall communicate the results of such monitoring to the Commission, including separate information on corporate, post-paid and pre-paid customers, every six months"
Amendment 178 #
Proposal for a regulation – amending act Article 1 – point 12 – point a a (new) Regulation (EC) No 717/2007 Article 7 – paragraph 3 (aa) Article 7(3) shall be replaced by the following: 3. National regulatory authorities shall in preparation for the review provided for in Article 11, monitor developments in wholesale and retail charges for the provision to roaming customers of voice and data communications services, including SMS and MMS, including in the outermost regions referred to in Article 299(2) of the Treaty. National regulatory authorities shall monitor the quality of data services in terms of available minimum speed and reliability. National regulatory authorities shall also be alert to the particular case of involuntary roaming in the border regions of neighbouring Member States and monitor whether traffic steering techniques are used to the disadvantage of customers. They shall communicate the results of such monitoring to the Commission, including separate information on corporate, post-paid and pre-paid customers, every six months."
Amendment 179 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No 717/2007 Article 11 – paragraph 1 1. The Commission shall review the functioning of this Regulation and report to the European Parliament and the Council no later than 3
Amendment 18 #
Proposal for a regulation – amending act Recital 3 a (new) (3a) Structural problems relating to roaming services should be easier to solve in a genuine single market for mobile communication services, which is not fully in place at present, but which should be the ultimate aim of any regulatory framework.
Amendment 180 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No 717/2007 Article 11 – paragraph 1 1. The Commission shall review the functioning of this Regulation and report to the European Parliament and the Council no later than 3
Amendment 181 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No 717/2007 Article 11 – paragraph 1 1. The Commission shall review the functioning of this Regulation and, after a full consultation, shall report to the European Parliament and the Council no later than 31 December 201
Amendment 182 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No 717/2007 Article 11 – paragraph 1 1. The Commission shall, after a full public consultation, review the functioning of this Regulation and report to the European Parliament and the Council no later than 31 December 201
Amendment 183 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No 717/2007 Article 11 – paragraph 1 1. The Commission shall review the functioning of this Regulation and report to the European Parliament and the Council no later than 31 December 201
Amendment 184 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No 717/2007 Article 11 – paragraph 1 1. The Commission shall review the functioning of this Regulation and, after a full consultation, shall report to the European Parliament and the Council no later than 31 December 2011. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In
Amendment 185 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No 717/2007 Article 11 – paragraph 2 Amendment 186 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No 717/2007 Article 11 – paragraph 2 Amendment 187 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No 717/2007 Article 11 – paragraph 2 2. In its report, the Commission shall assess whether, in the light of the matters referred to in paragraph 1 and other relevant developments in the market including the quality of service provided, and with
Amendment 188 #
Proposal for a regulation – amending act Article 1 – point 16 Regulation (EC) No 717/2007 Article 13 – subparagraph 2 16. In Article 13 "2010" is replaced by "201
Amendment 189 #
Proposal for a regulation – amending act Article 1 – point 16 Regulation (EC) No 717/2007 Article 13 – subparagraph 2 16.
Amendment 19 #
Proposal for a regulation – amending act Recital 5 a (new) (5a) Regulatory setting of retail price limits has not led to significant price competition in the past. In view of experience and of the retail prices, which have levelled off at just below the retail price limits, retail price regulation should be suspended until 30 June 2009 and the focus should be on effective wholesale regulation.
Amendment 190 #
Proposal for a regulation – amending act Article 1 – point 16 Regulation (EC) No 717/2007 Article 13 - subparagraph 2 16. In the second paragraph of Article 13, ‘30 June 2010’ is replaced by ‘31 December 201
Amendment 191 #
Proposal for a regulation – amending act Article 1 – point 16 Regulation (EC) No 717/2007 Article 13 – subparagraph 2 16. In Article 13
Amendment 20 #
Proposal for a regulation – amending act Recital 6 (6)
Amendment 21 #
Proposal for a regulation – amending act Recital 6 (6) The expiry in June 2010 of the regulatory safeguards which apply to intra- Community voice roaming services at wholesale and retail levels by virtue of Regulation (EC) No 717/2007 would therefore give rise to a significant risk that the underlying lack of competitive pressures in the voice roaming market and the incentive for mobile operators to maximise their roaming revenues would result in a return to retail and wholesale prices for intra-Community roaming that do not constitute a reasonable reflection of the underlying
Amendment 22 #
Proposal for a regulation – amending act Recital 6 a (new) Amendment 23 #
Proposal for a regulation – amending act Recital 6 a (new) (6a) This Regulation should ensure that there is no distortion or restriction of competition between undertakings providing Community-wide roaming services.
Amendment 24 #
Proposal for a regulation – amending act Recital 7 a (new) (7a) In order to stimulate and strengthen competition sustainably in the area of the various roaming services, the national regulatory authorities should prohibit discrimination between large and smaller providers, particularly when it comes to calculating wholesale prices.
Amendment 25 #
Proposal for a regulation – amending act Recital 8 a (new) (8a) Where charge limits are not denominated in euros, the applicable charge limits for the initial limits laid down in Articles 3, 4a, 4b, 6a and the revised values of the limits laid down in Articles 3(2) and 4(2) should be determined in the relevant currency by applying the reference exchange rates published in the Official Journal of the European Union on the dates specified in this Regulation. Where there is no publication on the date specified, the applicable reference exchange rates should be those published in the first Official Journal of the European Union following this date which contains such reference exchange rates.
Amendment 26 #
Proposal for a regulation – amending act Recital 10 (10) The practice by some mobile network operators of billing for the provision of wholesale roaming calls on the basis of minimum charging periods of up to 60 seconds, as opposed to the per second basis normally applied for other wholesale interconnection charges, creates a distortion of competition between these operators and those applying different billing methods and undermines the consistent application of the wholesale price limits introduced by Regulation (EC) No 717/2007. Moreover it represents an additional charge which, by increasing wholesale costs, has negative consequences for the pricing of voice roaming services at retail level. Mobile operators should therefore be required to bill for the wholesale provision of regulated roaming calls on a per second basis subject only to the possibility of applying a minimum initial charging period of no more than 30 seconds for calls made. This should enable operators to cover any reasonable set-up costs and provide flexibility to compete by enabling operators to offer shorter minimum charging periods.
Amendment 27 #
Proposal for a regulation – amending act Recital 10 (10) The practice by some mobile network operators of billing for the provision of wholesale roaming calls on the basis of minimum charging periods of up to 60 seconds, as opposed to the per second basis normally applied for other wholesale interconnection charges, creates a distortion of competition between these operators and those applying different billing methods and undermines the consistent application of the wholesale price limits introduced by Regulation (EC) No 717/2007. Moreover it represents an additional charge which, by increasing wholesale costs, has negative consequences for the pricing of voice roaming services at retail level. Mobile operators should therefore be required to bill for the wholesale provision of regulated roaming calls on a per second basis subject only to the possibility of applying a minimum initial charging period of no more than 30 seconds for calls made.
Amendment 28 #
Proposal for a regulation – amending act Recital 16 (16) 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. If the retail operator makes use of this possibility, a termination charge can also be levied at wholesale level for no more than 30 seconds, but not for a greater number seconds than the retail operator charges for. This will enable operators to cover any reasonable set-up costs as well as 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-
Amendment 29 #
Proposal for a regulation – amending act Recital 16 a (new) (16a) Customers should not have to pay for receiving voice mail messages in a visited network, as they cannot control the duration of such messages; this should be without prejudice to other applicable voice mail charges, for example charges for listening to such messages.
Amendment 30 #
Proposal for a regulation – amending act Recital 18 Amendment 31 #
Proposal for a regulation – amending act Recital 18 (18) Just as is the case for voice roaming calls, there is a significant risk that imposing wholesale pricing obligations alone would not automatically result in lower rates for retail customers. On the other hand, action to reduce the level of retail prices without addressing the level of the wholesale costs associated with the provision of these services could prejudice the position of some operators, in particular smaller ones, by increasing the risk of price squeeze
Amendment 32 #
Proposal for a regulation – amending act Recital 21 (21) Regulatory obligations should therefore be imposed with regard to regulated roaming SMS services at wholesale level, in order to establish a more reasonable relationship between wholesale charges and the underlying costs of provision, and
Amendment 33 #
Proposal for a regulation – amending act Recital 25 Amendment 34 #
Proposal for a regulation – amending act Recital 25 (25) The most effective and proportionate approach to regulating the level of prices for Community-wide roaming SMS messages at the retail level is the introduction of a requirement for mobile operators to offer their roaming customers a Euro-SMS tariff which does not exceed a specified maximum price limit. The Euro- SMS tariff should be set at a level which guarantees a sufficient margin to operators while also more reasonably reflecting the underlying retail costs. It should not be less than the average domestic SMS tariff.
Amendment 35 #
Proposal for a regulation – amending act Recital 25 a (new) (25a) The wholesale price limit for regulated roaming SMS and the maximum retail prices for regulated roaming SMS messages should be reduced to reflect the continuing declines in domestic mobile prices generally as well as the continuing decreases in the underlying costs of providing regulated roaming SMS message services. In this way, the continuity in the effects of the Regulation is maintained, as it the case for regulated roaming voice calls.
Amendment 36 #
Proposal for a regulation – amending act Recital 26 (26) This regulatory approach should ensure that retail charges for regulated roaming SMS messages provide a more reasonable reflection of the underlying costs involved in the provision of the service than has been the case. The maximum
Amendment 37 #
Proposal for a regulation – amending act Recital 26 a (new) (26a) The regulation of prices for roaming SMS messages at the retail level must be shown to be advantageous for users from the start. Nevertheless, it should be adopted in such a way as to ensure that prices charged at national level, which are not the subject of this Regulation, are not distorted. To this end, a glide path should be set for maximum prices for roaming SMS messages.
Amendment 38 #
Proposal for a regulation – amending act Recital 28 Amendment 39 #
Proposal for a regulation – amending act Recital 30 (30) An SMS message is a Short Message Service text message, mainly composed of alphabetical or numerical characters but also capable of containing pictorial characters, which can be sent and received on a mobile or fixed telephone or other mobile or fixed device between mobile and/or fixed numbers assigned in accordance with a national numbering plan. An SMS message is clearly distinct from other messages such as MMS messages or e-mails. In order to ensure that the Regulation is not deprived of its effectiveness and that its objectives are fully met, any changes to the technical parameters of a roaming SMS message which would differentiate it from a domestic SMS message should be prohibited.
Amendment 40 #
Proposal for a regulation – amending act Recital 32 (32) The high level of retail prices for data roaming services remains a concern and indicates that competition in these services is still not sufficient.
Amendment 41 #
Proposal for a regulation – amending act Recital 32 (32) The high level of retail prices for data roaming services remains a concern and indicates that competition in these services is still not sufficient However, unlike the case for voice and SMS roaming services, competitive constraints exist at retail level, as roaming customers have alternative means of accessing data services when abroad, such as public wireless access to the internet, without associated numbering constraints. It would therefore be premature at this stage to regulate prices at the retail level. Furthermore, any roaming network connection should be established with the user's consent. Accordingly, there should be no roaming data downloading, including software updating and e-mail retrieval, without the user's prior consent or request, unless otherwise requested by the user if he does not wish to enjoy such protection.
Amendment 42 #
Proposal for a regulation – amending act Recital 32 a (new) (32a) A Euro-data tariff should automatically apply to any roaming customer, new or existing, who has not deliberately chosen or does not deliberately choose a special data roaming tariff or a package for roaming services including regulated data roaming services.
Amendment 43 #
Proposal for a regulation – amending act Recital 34 (34) In particular, mobile operators should provide their roaming customers with basic personalised tariff information on the charges applicable to them for data roaming services when they
Amendment 44 #
Proposal for a regulation – amending act Recital 35 (35) In addition, in order to avoid bill shocks, mobile operators should
Amendment 45 #
Proposal for a regulation – amending act Recital 37 (37) Moreover, the persistence of high wholesale charges for data roaming
Amendment 46 #
Proposal for a regulation – amending act Recital 37 (37) Moreover, the persistence of high wholesale charges for data roaming services is primarily attributable to high wholesale prices charged by operators of non-preferred networks. Such charges are caused by traffic steering limitations which leave operators with no incentive to reduce their standard wholesale prices unilaterally since the traffic will be received irrespective of the price charged. This results in an extreme variation in wholesale costs. In some cases the wholesale data roaming prices applicable to non-preferred networks are thirty times higher than those applied to the preferred network. These excessively high wholesale charges for data roaming services lead to appreciable distortions of competitive conditions between mobile operators within the Community which undermine the smooth functioning of the internal market. They also constrain the ability of home providers to predict their wholesale costs and therefore to provide their customers with transparent and competitive retail pricing packages. In view of the limitations on the ability of national regulatory authorities to tackle these problems effectively at national level, a wholesale price limit on data roaming services should apply. The wholesale price limit should be set at a safeguard level well above the lowest wholesale prices currently available in the market, to enhance competitive conditions
Amendment 47 #
Proposal for a regulation – amending act Recital 37 a (new) (37a) The imposition of the obligation of non-discrimination at wholesale level should ensure that mobile operators apply equivalent wholesale charges in equivalent circumstances to other mobile operators thereby avoiding undue or unreasonable preferences or advantages that may hinder competition in the roaming market.
Amendment 48 #
Proposal for a regulation – amending act Recital 37 a (new) Amendment 49 #
Proposal for a regulation – amending act Recital 40 (40) This common approach should nevertheless be maintained for a limited time period but may, in the light of a review to be carried out by the Commission, be further extended or amended. The Commission should review the effectiveness of Regulation (EC) No 717/2007 as amended by this Regulation
Amendment 50 #
Proposal for a regulation – amending act Recital 40 (40) This common approach should nevertheless be maintained for a limited
Amendment 51 #
Proposal for a regulation – amending act Recital 40 a (new) (40a) The Commission should, in consultation with the ERG, investigate further and assess whether the competitive structure of the mobile market is leading to uncompetitive roaming prices, and should within the framework of Community competition law propose, and if appropriate, introduce any necessary measures to address prevailing competition problems. As part of the review, the Commission should report on its assessment and on the proposed measures to address structural problems in mobile markets.
Amendment 52 #
Proposal for a regulation – amending act Recital 40 a (new) (40a) The Commission should investigate whether, with reference to the competitive structure of the mobile market, there is compliance with Community competition law, in particular Article 81 and Article 82 of the EC Treaty. The Commission should report its conclusions and proposals for measures to the European Parliament.
Amendment 53 #
Proposal for a regulation – amending act Recital 40 a (new) (40a) The Commission should, in consultation with the ERG, investigate and assess whether the competitive structure of the mobile market is leading to uncompetitive roaming prices, and should, within the electronic communications regulatory framework, propose a regulatory solution to address high entry and expansion barriers. The Commission should report to the European Parliament on its assessment of the proposed alternative regulatory approaches which would address structural problems in mobile markets, which lead to high and uncompetitive prices for pan-European roaming services.
Amendment 54 #
Proposal for a regulation – amending act Recital 40 a (new) (40a) Structural problems in mobile roaming markets arise to a large extent as a result of inequitable agreements between operators at the wholesale level. The Commission should specifically address this issue in its review and put forward proposals, other than price regulation, to stimulate a more dynamic and competitive roaming wholesale market.
Amendment 55 #
Proposal for a regulation – amending act Article 1 – point 2 – point a Regulation (EC) No 717/2007 Article 1 – paragraph 1 – subparagraph 1 1. This Regulation introduces a common approach to ensuring that users of public mobile communications networks when travelling within the Community do not pay excessive prices for Community-wide roaming services 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, safeguarding competition between mobile operators and preserving both incentives for innovation and consumer choice. The price limits laid down should lead to prices for Community-wide roaming services coming into line with, but not falling below, the corresponding prices at national level.
Amendment 56 #
Proposal for a regulation – amending act Article 1 – point 2 – point a Regulation (EC) No 717/2007 Article 1 – paragraph 1 – subparagraph 1 1. This Regulation introduces a common approach to ensuring that users of public mobile communications networks when travelling within the Community do not pay excessive prices for Community-wide roaming services 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, safeguarding
Amendment 57 #
Proposal for a regulation – amending act Article 1 – point 2 – point a – subparagraph 2 Regulation (EC) No 717/2007 Article 1 – paragraph 1 – subparagraph 1 It lays down rules on the charges that may be levied by mobile operators for the provision of international roaming services for voice calls and SMS messages originating and terminating within the Community, for the transmission and receipt of SMS messages, and for packet switched data communication services used by roaming customers while roaming on a mobile network in another Member State. It applies both to charges levied between network operators at wholesale level and, where appropriate, to charges levied by home providers at retail level."
Amendment 58 #
Proposal for a regulation – amending act Article 1 – point 3 – point g Regulation (EC) No 717/2007 Article 2 – paragraph 2 – point h Amendment 59 #
Proposal for a regulation – amending act Article 1 – point 3 – point g Regulation (EC) No 717/2007 Article 2 – paragraph 2 – point i (i) 'SMS message' means a Short Message Service text message, composed principally of alphabetical and/or numerical characters, capable of being sent between mobile and/or fixed numbers assigned in accordance with the national numbering plans;
Amendment 60 #
Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 717/2007 Article 2 – paragraph 2 – point k (k) 'regulated data roaming service' means a roaming service enabling the transmission or receipt of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming voice calls or SMS messages, but does include the transmission and receipt of Multimedia Messaging Service (MMS)
Amendment 61 #
Proposal for a regulation – amending act Article 1 – point 3 – point g a (new) Regulation (EC) No 717/2007 Article 2 – paragraph 2 – point k a (new) (ga) The following point (ka) shall be added: "(ka) 'Unlimited data roaming tariff' means a tariff for a regulated data roaming service, excluding MMS messages, where the charge that the home provider levies for the provision of the service is variable without limit in accordance with the volume of that service used by the customer."
Amendment 62 #
Proposal for a regulation – amending act Article 1 – point 3 – point g a (new) Regulation (EC) No 717/2007 Article 2 – paragraph 2 – point k a (new) (ga) The following point (ka) shall be added: (ka) 'Euro-data tariff' means any tariff not exceeding the maximum charge, provided for in Article 6b, which a home provider may levy for the provision of regulated data roaming services in compliance with that Article.
Amendment 63 #
Proposal for a regulation – amending act Article 1 – point 3 a (new) Regulation (EC) No 717/2007 Article 2 a (new) 3a. The following Article 2a shall be inserted: "Article 2a Transparency and reciprocity of wholesale charges 1. Undertakings providing Community- wide roaming services, including voice, SMS and data services, shall, without undue delay, make public the wholesale charges levied on any other provider. 2. The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network shall not exceed the average wholesale charge levied from the operator of the roaming customer's home network to the operator of the visited network for the provision of roaming services. 3. National regulatory authorities shall ensure that that the average wholesale charge levied by any operator allows the operator a reasonable rate of return and does not aim at distorting the market."
Amendment 64 #
Proposal for a regulation – amending act Article 1 – point 4 – point -a (new) Regulation (EC) No 717/2007 Article 3 – paragraph -1 (new) (-a) A new paragraph -1 shall be added: "-1. Mobile operators shall provide voice roaming wholesale services upon reasonable request and on a fair, reasonable and non-discriminatory basis."
Amendment 65 #
Proposal for a regulation – amending act Article 1 – point 4 – point -a (new) Regulation (EC) No 717/2007 Article 3 – paragraph 1 (-a) Paragraph 1 is replaced by the following: ‘(1) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of a regulated roaming call originating on that visited network, regardless of quantity and on a non- discriminatory basis, and inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0.30 per minute.’
Amendment 66 #
Proposal for a regulation – amending act Article 1 – point 4 – point a Regulation (EC) No 717/2007 Article 3 – paragraph 2 2. This average wholesale charge 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 0.28
Amendment 67 #
Proposal for a regulation – amending act Article 1 – point 4 – point a Regulation (EC) No 717/2007 Article 3 – paragraph 2 2. This average wholesale charge 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
Amendment 68 #
Proposal for a regulation – amending act Article 1 – point 4 – point 2 Regulation (EC) No 717/2007 Article 3 – paragraph 2 2. This average wholesale charge 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 0.28 and EUR 0.26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.23
Amendment 69 #
Proposal for a regulation – amending act Article 1 – point 4 – point a Regulation (EC) No 717/2007 Article 3 – paragraph 2 2. This average wholesale charge 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 0,28 and EUR 0,26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.23
Amendment 70 #
Proposal for a regulation – amending act Article 1 – point 4 – point a Regulation (EC) No 717/2007 Article 3 – paragraph 2 2. This average wholesale charge 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 0.28 and EUR 0.26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.23
Amendment 71 #
Proposal for a regulation – amending act Article 1 – point 4 – point a Regulation (EC) No 717/2007 Article 3 – paragraph 2 2. This average wholesale charge 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 0.28 and EUR 0.26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.
Amendment 72 #
Proposal for a regulation – amending act Article 1 – point 4 – point a Regulation (EC) No 717/2007 Article 3 – paragraph 2 2. This average wholesale charge shall apply between any pair of operators and
Amendment 73 #
Proposal for a regulation – amending act Article 1 – point 4 – point b Regulation (EC) No 717/2007 Article 3 – paragraph 3 – subparagraph 2 a (new) By way of derogation from the second subparagraph the home provider may apply an initial minimum charging period not exceeding 30 seconds to regulated roaming calls made. Mobile operators shall provide voice roaming wholesale services upon reasonable request and on reasonable and non-discriminatory conditions.
Amendment 74 #
Proposal for a regulation – amending act Article 1 – point 4 – point b Regulation (EC) No 717/2007 Article 3 – paragraph 3 – subparagraph 2 a (new) By way of derogation from the second subparagraph, the operator of the visited network may apply an initial minimum charging period not exceeding 30 seconds to regulated roaming calls made within the Community.
Amendment 75 #
Proposal for a regulation – amending act Article 1 – point 4 – point b Regulation (EC) No 717/2007 Article 3 – paragraph 3 – subparagraph 2 a (new) By way of derogation from the second subparagraph, the visited network may apply an initial minimum charging period not exceeding 30 seconds to regulated roaming calls made.
Amendment 76 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – paragraph 2 Amendment 77 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively.
Amendment 78 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.40,
Amendment 79 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall
Amendment 80 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.
Amendment 81 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.
Amendment 82 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.4
Amendment 83 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – paragraph 2 – subparagraph 3 By way of derogation from the second subparagraph, the home provider may apply an initial minimum charging period not exceeding 30 seconds to calls made which are subject to a Eurotariff. If the retail operator makes use of this possibility, a termination charge can also be levied at wholesale level for no more than 30 seconds, but not for a greater number seconds than the retail operator charges for.
Amendment 84 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – paragraph 2 – subparagraph 3 Amendment 85 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – paragraph 2 – subparagraph 3 Amendment 86 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 717/2007 Article 4 – paragraph 2 – subparagraph 3 Amendment 87 #
Proposal for a regulation – amending act Article 1 – point 6 Regulation (EC) No 717/2007 Article 4 a – paragraph –1 (new) –1. Mobile operators shall provide SMS roaming wholesale services upon reasonable request and on a fair, reasonable and non-discriminatory basis.
Amendment 88 #
Proposal for a regulation – amending act Article 1 – point 6 Regulation (EC) No 717/2007 Article 4 a – paragraph 1 1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.0
Amendment 89 #
Proposal for a regulation – amending act Article 1 – point 6 Regulation (EC) No 717/2007 Article 4 a – paragraph 1 1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.0
Amendment 90 #
Proposal for a regulation – amending act Article 1 – point 6 Regulation (EC) No 717/2007 Article 4 a – paragraph 1 1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated
Amendment 91 #
Proposal for a regulation – amending act Article 1 – point 6 Regulation (EC) No 717/2007 Article 4 a – paragraph 1 1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, regardless of quantity and on a non-discriminatory basis, shall not exceed EUR 0.04 per SMS message.
Amendment 92 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 717/2007 Article 4 b Amendment 93 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 717/2007 Article 4 b – paragraph 2 2. With effect from 1 July 2009, 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
Amendment 94 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 717/2007 Article 4 b – paragraph 2 2. With effect from 1 July 2009, 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 0.1
Amendment 95 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 717/2007 Article 4 b – paragraph 2 2. With effect from 1 July 2009, 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 0.1
Amendment 96 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 717/2007 Article 4 b – paragraph 2 2. With effect from 1 July 2009, 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 0.11. The maximum retail charge for a regulated roaming SMS message shall be reduced to EUR 0.10, EUR 0.09 and EUR 0.08 with effect from 1 July 2010, 1 July 2011 and 1 July 2012 respectively.
Amendment 97 #
Proposal for a regulation – amending act Article 1 – point 7 a (new) Regulation (EC) No 717/2007 Article 4 b a (new) Amendment 98 #
Proposal for a regulation – amending act Article 1 – point 7 a (new) Regulation (EC) No 717/2007 Article 4 b a (new) (7a) the following Article 4ba shall be inserted: "Article 4 ba Review of the application of retail and wholesale charges for regulated roaming calls 1. Subject to the process and conditions set out in this Article, and upon decision by the Commission, the decreases in the maximum retail and wholesale charges from 1 July 2010 set out in Article 4(2) shall not enter into force in the event that the share of the Community-wide used voice roaming minutes (as blended for calls made and calls received) at competitive tariffs exceeds 50% of all Community-wide voice roaming minutes for calls made and calls received during a reference period of six months monitored by the national regulatory authorities pursuant to Article 7(3). The first reference period shall cover the period from 1 April 2009 to 1 October 2009. All roaming tariffs other than the Eurotariff and Eurotariffs (as blended for calls made and calls received) which are more than 10% below the maximum applicable retail charges set out in Article 4(2) (as blended for calls made and calls received on the basis of actual traffic data) during the entire reference period shall be deemed competitive for the purpose of the application of this Article. 2. National regulatory authorities shall provide the Commission with the necessary data to monitor the application of paragraph 1 of this Article in accordance with Article 7 (2). On the basis of information collected and provided to it by the national regulatory authorities pursuant to Article 7, the Commission shall decide not to apply the maximum retail and wholesale charges decrease if the conditions set out in paragraph 1 are met. The decision shall enter into force on 1 July of the year concerned. 3. The Commission’s decision not to apply the maximum retail and wholesale charge in accordance with paragraph 1 shall remain in force until and without prejudice to further review of the Regulation in accordance with Article 11."
Amendment 99 #
Proposal for a regulation – amending act Article 1 – point 10 Regulation (EC) No 717/2007 Article 6 – paragraph 1 – subparagraph 3 It shall also include the free-of-charge number referred to in paragraph 2 for obtaining more detailed information and information on the possibility of accessing emergency services by dialling the European emergency number 112 free-of- charge.
source: PE-419.890
2009/02/04
IMCO
111 amendments...
Amendment 100 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 Amendment 101 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 a (new) When this maximum limit of consumption is reached and if the roaming customer does not respond as prompted in the warning messages received, the home provider shall immediately cease to provide the roaming customer with regulated data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services.
Amendment 102 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 a (new) When this limit is reached and if the customer does not request the continued provision of those services, the home provider shall immediately cease to provide the roaming customer with regulated data roaming services.
Amendment 103 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 a (new) If the roaming customer does not request the continued provision of those services, and the ‘Cut-Off Limit‘ is reached, the home provider shall immediately cease providing regulated data roaming services.
Amendment 104 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 a (new) If the roaming customer does not request the continued provision of those services, and the ‘Cut-Off Limit‘ is reached, the home provider shall immediately cease providing regulated data roaming services.
Amendment 105 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 b (new) The home provider is obligated to provide the consumer with a written overview of expected prices and volume of typical data- objects (e-mail, downloading video clips, pictures, typical web pages ). The overview shall be as accurate as possible and provide the consumer with a realistic but not binding expectation of prices of consumption.
Amendment 106 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 b (new) The request of a roaming customer to change or to remove a maximum limit of consumption shall be complied with free of charge, within one working day and shall not entail conditions or restrictions regarding other elements of the subscription.
Amendment 107 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 b (new) As of 1 March 2010, whenever a roaming customer requests to opt for or to remove a ‘cut off limit’ facility, the change shall be made within one working day of receipt of the request, free of charge, and shall not entail conditions or restrictions pertaining to other elements of the subscription.
Amendment 108 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 b (new) As of 1 July 2010, whenever a roaming customer requests to opt for or to remove a ‘cut off limit’ facility, the change shall be made within one working day of receipt of the request, free of charge, and shall not entail conditions or restrictions pertaining to other elements of the subscription.
Amendment 109 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No. 717/2007/EC Article 6a – paragraph 4 – point (a) (a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 110 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 4 – point (a) (a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 111 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 4 – point (a) (a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 112 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 4 – point (a) (a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 113 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No. 717/2007/EC Article 6a – paragraph 4 – point (a) (a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 114 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No. 717/2007/EC Article 6a – paragraph 4 – point (b) (b) This average wholesale charge shall apply between any pair of operators and shall be calculated
Amendment 115 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No. 717/2007/EC Article 6a – paragraph 4 – point (c) (c) The average wholesale charge referred to in point a shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each operator of a home network for the provision of regulated data roaming services in the relevant period by the total number of
Amendment 116 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 4 – point (c) (c) The average wholesale charge referred to in point a shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each operator of a home network for the provision of regulated data roaming services in the relevant period by the total number of megabytes of data actually consumed by the provision of those services within that period, aggregated on a per kilobyte basis.
Amendment 117 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 4 – point (c) (c) The average wholesale charge referred to in point a shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each operator of a home network for the provision of regulated data roaming services in the relevant period by the total number of megabytes of data consumed by the provision of those services within that period aggregated on a kilobyte basis.
Amendment 118 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 4 – point (c) (c) The average wholesale charge referred
Amendment 119 #
Proposal for a regulation – amending act Article 1 – point 11 a (new) Regulation (EC) No 717/2007/EC Article 6 b (new) (11a) The following Article shall be inserted: "Article 6b Transparency for roaming customers related to the visited network 1. Each home provider shall provide its roaming customers, automatically and free of charge, with full information on available networks in visited Member States and on their ability to choose the network on which he wishes to roam. Home providers shall in particular communicate to all roaming customers the way to choose his visited network in a clear and unbiased manner. 2. Home providers shall ensure that their roaming customers are able to choose, easily and at the first attempt, the visited network while abroad. 3. In order to ensure that roaming customers are free to choose the visited network, network operators shall not prohibit or make difficult manual selection by roaming customers. 4. If a roaming customer can benefit from different tariffs in one Member State depending on the chosen visited network, the home provider shall inform the roaming customer of the tariff differences."
Amendment 120 #
Proposal for a regulation – amending act Article 1 – point 11 a (new) Regulation (EC) No 717/2007/EC Article 6 b (new) Amendment 121 #
Proposal for a regulation – amending act Article 1 – point 11 a (new) Regulation (EC) No 717/2007/EC Article 6 b (new) (11a) The following Article shall be inserted: "Article 6b Retail prices for regulated data roaming services 1. The retail charge (excluding VAT) a home provider may levy from its roaming customer for the provision of a data roaming service shall not exceed a safeguard limit of EUR 2 per megabyte of data transmitted billed on a per kilobyte basis. 2. In order to guarantee the effectiveness of retail charges, the home provider or the visiting provider shall not discriminate against the roaming customer which is being charged the safeguard limit as regards quality of service, unless the customer has given his prior consent.
Amendment 122 #
Proposal for a regulation – amending act Article 1 – point 12 – point (a) Regulation (EC) No 717/2007/EC Article 7 – paragraph 2 2. National regulatory authorities shall make up-to-date information on the application of this Regulation, in particular Articles 3, 4, 4a, 4b, 6a and 6
Amendment 123 #
Proposal for a regulation – amending act Article 1 – point 12 – point (a a) (new) Regulation (EC) No 717/2007/EC Article 7 – paragraph 3 (aa) Paragraph 3 shall be replaced by the following: "3. National regulatory authorities shall in preparation for the review provided for in Article 11, monitor developments in wholesale and retail charges for the provision to roaming customers of voice and data communications services, including SMS and MMS, including in the outermost regions referred to in Article 299(2) of the Treaty. National authorities shall monitor the availability and quality of data services with an emphasis on minimum speed and connection reliability. National regulatory authorities shall also be alert to the particular case of involuntary roaming in the border regions of neighbouring Member States and monitor whether traffic steering techniques are used to the disadvantage of customers. They shall communicate the results of such monitoring to the Commission, including separate information on corporate, post- paid and pre-paid customers, every six months."
Amendment 124 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No. 717/2007/EC Article 11 – paragraph 1 1. Th
Amendment 125 #
Proposal for a regulation – amending act Article 1 – point 14 Regulation (EC) No 717/2007/EC Article 11 – paragraph 1 a (new) 1a. The Commission may decide to suspend the provisions in this Regulation on the maximum retail charges for voice and SMS roaming if more than 60% of voice roaming minutes and SMS messages are charged on tariffs substantially below the Eurotariff set out in Article 4 of this Regulation.
Amendment 126 #
Proposal for a regulation – amending act Article 1 – point 16 Regulation (EC) No 717/2007/EC Article 13 In Article 13
Amendment 127 #
Proposal for a regulation – amending act Article 1 – point 16 Regulation (EC) No 717/2007/EC Article 13 In Article 13
Amendment 17 #
Proposal for a regulation – amending act Recital 4 a (new) (4a) Differences in topography, population density and seasonal variations in tourist regions result in different business models for mobile operators, thus leading to higher costs.
Amendment 18 #
Proposal for a regulation – amending act Recital 6 (6) The expiry in June 2010 of the regulatory safeguards which apply to intra- Community voice roaming services at wholesale and retail levels by virtue of Regulation (EC) No 717/2007 would therefore give rise to a significant risk that the underlying lack of competitive pressures in the voice roaming market and the incentive for mobile operators to maximise their roaming revenues would result in a return to retail and wholesale prices for intra-Community roaming that do not constitute a reasonable reflection of the underlying costs involved in the provision of the service, thereby jeopardising the objectives of Regulation (EC) No 717/2007. Regulation (EC) No 717/2007 should therefore be extended beyond 30 June 2010 for a further period of three years in order to ensure the smooth
Amendment 19 #
Proposal for a regulation – amending act Recital 6 a (new) Amendment 20 #
Proposal for a regulation – amending act Recital 6 a (new) Amendment 21 #
Proposal for a regulation – amending act Recital 7 (7) The levels of the maximum average wholesale charges for regulated roaming calls set by Regulation (EC) No 717/2007 should continue to decline over the extended duration of the Regulation to reflect declining costs, including decreases in regulated mobile termination rates in the Member States, in order to ensure the smooth functioning of the internal market while at the same time continuing to meet the dual objectives of eliminating excessive prices while allowing operators freedom to compete and innovate. The levels of the maximum average wholesale charges should on no account be cost-oriented, in order to facilitate the future removal of regulation and provide operators with a margin to compete.
Amendment 22 #
Proposal for a regulation – amending act Recital 11 (11) The maximum levels of the Eurotariff, both for calls made and calls received, should continue to decrease annually during the extended period of validity of Regulation (EC) No 717/2007 in a manner consistent with the decreases required during the initial period of application of that Regulation, to reflect the continuing declines in domestic mobile prices generally as well as the continuing decreases in the underlying costs of providing regulated roaming calls. In this way, the continuity in the effects of the Regulation is maintained. The maximum levels of the Eurotariff should on no account be cost-oriented, in order to facilitate the future removal of regulation and provide operators with a margin to compete.
Amendment 23 #
Proposal for a regulation – amending act Recital 16 (16) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis
Amendment 24 #
Proposal for a regulation – amending act Recital 27 (27) Roaming customers should not be required to pay any additional charge for receiving a regulated roaming SMS or voice mail message while roaming on a visited network, since such termination costs are already compensated by the retail charge levied for the sending of a roaming SMS or voice mail message.
Amendment 25 #
Proposal for a regulation – amending act Recital 31 (31) Data collected by national regulatory authorities indicate that average wholesale charges for data roaming services levied by visited network operators from roaming customers' home providers appear to be on a downward trend, although high prices for wholesale and retail data roaming services persist.
Amendment 26 #
Proposal for a regulation – amending act Recital 32 (32) The high level of retail prices for data roaming services remains a concern and indicates that competition in these services is still not sufficient However, unlike the case for voice and SMS roaming services, competitive constraints exist at retail level, as roaming customers have alternative means of accessing data services when abroad, such as public wireless access to the internet, without associated numbering constraints.
Amendment 27 #
Proposal for a regulation – amending act Recital 33 (33) However, measures should be introduced to improve the transparency of retail prices for data 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, measures should be put in place to ensure that mobile operators who block applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi, VoIP and Instant Messaging services, provide the consumer with this information, thus allowing the consumer to make an informed choice.
Amendment 28 #
Proposal for a regulation – amending act Recital 34 (34) In particular, mobile operators should provide their roaming customers with personalised tariff information on the charges applicable to them for data roaming services
Amendment 29 #
Proposal for a regulation – amending act Recital 35 (35) In addition, in order to avoid bill shocks, mobile operators should
Amendment 30 #
Proposal for a regulation – amending act Recital 37 (37)
Amendment 31 #
Proposal for a regulation – amending act Recital 37 (37) Moreover, the persistence of high wholesale charges for data roaming services is primarily attributable to high wholesale prices charged by operators of non-preferred networks. Such charges are caused by traffic steering limitations which leave operators with no incentive to reduce their standard wholesale prices unilaterally since the traffic will be received irrespective of the price charged. This results in an extreme variation in wholesale costs. In some cases the wholesale data roaming prices applicable to non-preferred networks are thirty times higher than those
Amendment 32 #
Proposal for a regulation – amending act Recital 40 (40) This common approach should nevertheless be maintained for a limited time period but may, in the light of a review to be carried out by the Commission, be further extended or amended. The Commission should review the effectiveness of Regulation (EC) No 717/2007 as amended by this Regulation
Amendment 33 #
Proposal for a regulation – amending act Recital 40 (40) This common approach should nevertheless be maintained for a limited time period but may, in the light of a review to be carried out by the Commission, be further extended or amended. The Commission should review the effectiveness of Regulation (EC) No 717/2007 as amended by this Regulation and the contribution which it makes to the implementation of the regulatory framework and the smooth functioning of the internal market, while keeping in mind its impact on the smaller mobile communications providers in the Community and their position in the Community-wide roaming market.
Amendment 34 #
Proposal for a regulation – amending act Article 1 – point 2 – point (a) Regulation (EC) No 717/2007/EC Article 1 – paragraph 1 – subparagraph 2 Amendment 35 #
Proposal for a regulation – amending act Article 1 – point 2 – point (a) Regulation (EC) No 717/2007/EC Article 1 – paragraph 1 – subparagraph 2 It lays down rules on the charges that may be levied by mobile operators for the provision of international roaming services for voice calls and SMS messages originating and terminating within the Community and for packet switched data communication services used by roaming customers while roaming on a mobile network in another Member State. It applies
Amendment 36 #
Proposal for a regulation – amending act Article 1 – point 4 – point (a) Regulation (EC) No 717/2007/EC Article 3 – paragraph 2 2. This average wholesale charge shall
Amendment 37 #
Proposal for a regulation – amending act Article 1 – point 4 – point (a) Regulation (EC) No 717/2007/EC Article 3 – paragraph 2 2. This average wholesale charge 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
Amendment 38 #
Proposal for a regulation – amending act Article 1 – point 4 – point (a) Regulation (EC) No 717/2007/EC Article 3 – paragraph 2 2. This average wholesale charge 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 0.28 and EUR 0.26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.
Amendment 39 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively.
Amendment 40 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.
Amendment 41 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.4
Amendment 42 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.4
Amendment 43 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – 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 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.
Amendment 44 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – paragraph 2 – subparagraph 2 With effect from 1 July 2009 every home provider shall
Amendment 45 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – paragraph 2 – subparagraph 2 With effect from 1 July 2009 every home provider shall
Amendment 46 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – paragraph 2 – subparagraph 3 Amendment 47 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – paragraph 2 – subparagraph 3 Amendment 48 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – paragraph 2 – subparagraph 3 Amendment 49 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a) Regulation (EC) No 717/2007/EC Article 4 – paragraph 2 – subparagraph 3 Amendment 50 #
Proposal for a regulation – amending act Article 1 – point 5 – point (a a) (new) Regulation (EC) No 717/2007/EC Article 4 – paragraph 2 a (new) The following paragraph 2a shall be inserted: "2a. Home providers shall not levy any charge from their roaming customers for the receipt by them of a roaming voice mail message."
Amendment 51 #
Proposal for a regulation – amending act Article 1 – point 6 Regulation (EC) No 717/2007/EC Article 4 a – paragraph 1 1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.0
Amendment 52 #
Proposal for a regulation – amending act Article 1 – point 6 Regulation (EC) No 717/2007/EC Article 4 a – paragraph 1 1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.0
Amendment 53 #
Proposal for a regulation – amending act Article 1 – point 6 Regulation (EC) No. 717/2007/EC Article 4a – paragraph 1 1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.0
Amendment 54 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 717/2007/EC Article 4 b – paragraph 2 2. With effect from 1 July 2009, 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
Amendment 55 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 717/2007/EC Article 4 b – paragraph 2 2. With effect from 1 July 2009, 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
Amendment 56 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 717/2007/EC Article 4 b – paragraph 2 2. With effect from 1 July 2009, 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 0.1
Amendment 57 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 717/2007/EC Article 4 b – paragraph 2 2. With effect from 1 July 2009, 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 0.1
Amendment 58 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 717/2007/EC Article 4 b – paragraph 2 2. With effect from 1 July 2009, 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
Amendment 59 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No. 717/2007/EC Article 4b – paragraph 2 2. With effect from 1 July 2009, 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.
Amendment 60 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 1 1. Home providers shall
Amendment 61 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No. 717/2007/EC Article 6a – paragraph 1 1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate the 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. In addition, data shall not be downloaded unless agreed or requested in advance by the roaming customer. Unless otherwise requested by a user who does not wish this protection, validation by the customer is required before any connection is made to a roaming data clearing network.
Amendment 62 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 1 1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in
Amendment 63 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 1 1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in
Amendment 64 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 2 – subparagraph 1 From 1 July 2009 at the latest, 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
Amendment 65 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 2 – subparagraph 1 From 1 July 2009 at the latest, 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 State concerned, except when the customer has notified his home provider that he does not require this information.
Amendment 66 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 2 – subparagraph 2 Such personalised tariff information shall be delivered to the roaming customer's mobile telephone or
Amendment 67 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer
Amendment 68 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer
Amendment 69 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 2 – subparagraph 2 Such personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer enters a Member State or initiates a regulated data roaming service in a particular Member State other than that of his home network for the first time after having entered that Member State. It shall be provided without undue delay and free of charge, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 70 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 2 – subparagraph 2 Such personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer initiates a regulated data roaming service in a particular Member State other than that of his home network
Amendment 71 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 2 – subparagraph 2 Such personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer initiates a regulated data roaming service in a particular Member State other than that of his home network for the first time after having entered that Member State. It shall be provided at the moment the roaming customer initiates a regulated data roaming service without undue delay and free of charge, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 72 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 By 31
Amendment 73 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 By 1 J
Amendment 74 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 By 1 J
Amendment 75 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 By 1 J
Amendment 76 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 By 1 July 2010 at the latest,
Amendment 77 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 By 1 July 2010 at the latest,
Amendment 78 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 By 1 July 2010 at the latest, the home providers shall provide
Amendment 79 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 By 31
Amendment 80 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 a (new) By 31 December 2009 at the latest, each home provider shall offer its roaming customer to opt deliberately and free of charge for a 'cut off limit', provision which limits the expenditure and suspends the service. One of these limits shall be close to, but not exceed, 50 EUR (excluding VAT) per one month.
Amendment 81 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 a (new) Each home provider shall make available to the roaming customer one or more maximum limits of consumption to choose from for specified periods of use. Such maximum limits shall respect the EU data protection laws and be technologically neutral.
Amendment 82 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 a (new) In addition, the home provider may offer to its roaming customers other ‘cut off limits’ with different, i.e. higher or lower, maximum monthly financial limits.
Amendment 83 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 b (new) By 1 July 2010, all the roaming customers who did not express their choice shall be automatically placed on a ‘cut off limit’ of 50 EUR (excluding VAT).
Amendment 84 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 1 b (new) To this end, the customer shall, at any time, be given the opportunity to set up in advance maximum financial limits for specified periods of use.
Amendment 85 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 2 Amendment 86 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 2 Amendment 87 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 2 Amendment 88 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 2 Amendment 89 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 2 When
Amendment 90 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 2 When this
Amendment 91 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 2 When this
Amendment 92 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 2 When this
Amendment 93 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 2 a (new) By 1 March 2010, all the roaming customers who did not express their choice shall be automatically placed on a ‘cut off limit’ of 50 EUR (excluding VAT).
Amendment 94 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 Amendment 95 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 Amendment 96 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 The home provider shall also ensure that an appropriate warning message is sent to the roaming customer's mobile telephone or other device before
Amendment 97 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 The home provider shall also ensure that an appropriate warning message is sent to the roaming customer's mobile telephone or other device before
Amendment 98 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 Amendment 99 #
Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 717/2007/EC Article 6 a – paragraph 3 – subparagraph 3 source: PE-419.857
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