Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ITRE | NIEBLER Angelika ( PPE) | GOEBBELS Robert ( S&D), VĂLEAN Adina-Ioana ( ALDE), LAMBERTS Philippe ( Verts/ALE), CHICHESTER Giles ( ECR), TZAVELA Niki ( EFD) |
Committee Opinion | IMCO | KORHOLA Eija-Riitta ( PPE) | Dennis de JONG ( GUE/NGL), Matteo SALVINI ( ENF) |
Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 114-p1
Legal Basis:
TFEU 114-p1Subjects
Events
The Commission presents its report on the implementation of Regulation (EU) 531/2012 of the European Parliament and of the Council on roaming on public mobile communications networks within the Union, as amended by Regulation (EU) 2015/2120 and Regulation (EU) 2017/920.
As a reminder, in October 2015, the European Parliament and the Council adopted Regulation (EU) 2015/2120 which mandated the end of retail roaming charges in the Union from 15 June 2017, subject to fair use policy and a sustainability derogation. These new roaming rules have been dubbed "Roam-Like-At-Home" (RLAH).
In accordance with Article 19 (3) of the Roaming Regulation the Commission has to submit to the co-legislators by 15 December 2018 an interim report summarising the effects of the abolition of retail roaming charges.
This is the purpose of this report.
Massive and rapid increase in roaming consumption
The report noted that the European consumers immediately and massively started to take advantage of the elimination of roaming charges in the EU/EEA from 15 June 2017. Already in summer 2017, the use of mobile data services while roaming in the EU/EEA was multiplied by 5.35 (+435%) compared to summer 2016, and the volume of roaming phone calls by 2.45 (+145%).
Travellers now use on average almost 4 times more data while roaming than before RLAH.
Particularly high increases in customers' EU/EEA roaming consumption have been observed by Polish, Romanian, Bulgarian, Croatian and Spanish operators for voice (increases by more than 3 times), and by Bulgarian, Croatian, Czech, Polish, Spanish, and Latvian operators for data (increases by about 10 times and more).
In the three Member States where all mobile network operators have been granted sustainability derogations since 15 June 2017 (Finland, Lithuania and Estonia), users have also markedly increased their consumption of mobile services abroad in the EU/EEA in proportions that are similar to many other Member States. This is because operators which were granted derogations nonetheless provided roaming services without surcharges to some extent and, when applied, the roaming surcharges authorised by the national regulatory authorities (NRAs) were substantially lower than the surcharges in place prior to 15 June 2017. Therefore customers of these operators have substantially benefitted from the new roaming rules as well and have reacted accordingly with increased demand.
Overall compliance
The Roaming Regulation entrusts national regulatory authorities with the task of monitoring, supervising and enforcing the roaming rules in Member States. Responding to the call by the Commission to ensure a proper implementation of RLAH rules from the first day (15 June 2017), each NRA actively reached out to its mobile operators in the course of the first semester 2017 in order to ensure full compliance with the new rules. NRAs and the Commission remained in close contact throughout the period in order to respond to practical implementation questions from mobile operators ahead of the implementation date.
The report concluded that mobile operators have by and large abided by the new rules, accompanied by the vigilant monitoring from NRAs and the Commission. The safeguards foreseen in the Roaming Regulation to avoid distortions on domestic markets, namely fair use policy and the sustainability derogation, as expected have worked adequately where needed.
The sharp decline in wholesale roaming price caps, and for some the authorisation to derogate, have in general significantly mitigated the impact of RLAH on outbounder mobile network operators and mobile virtual network operators. The successive reductions of the data price cap established in the Roaming Regulation will further facilitate the provision of RLAH in the years to come.
Moreover, these reforms appear to have given significant impetus to internal market dynamics at the wholesale level. Lastly, the RLAH rules have allowed to unleash the untapped demand for mobile consumption among travellers in the EU.
PURPOSE: to establish a common, harmonised approach to ensure that users of terrestrial public mobile communication networks when travelling within the Union do not pay excessive prices for Union-wide roaming services.
LEGISLATIVE ACT: Regulation (EU) No 531/2012 of the European Parliament and of the Council on roaming on public mobile communications networks within the Union.
CONTENT: following agreement in first reading, the Council and the European Parliament adopted a Regulation on roaming on public mobile communications networks within the EU.
The new legislation revises Regulation (CE) n° 717/2007, which expires on 30 June 2012: it introduces competitive structural measures and extends the validity of the measures until 30 June 2022.
Purpose and scope : the new Regulation:
· lays down the rules for the separate sale of roaming services from customers’ domestic mobile package. From 1 July 2014, customers will be allowed to sign up for an alternative mobile roaming offer, separate from their contract for national mobile services, whilst using the same phone number. Roaming customers shall have the right to switch roaming provider at any time . The switch shall be carried out without undue delay, and under no circumstances exceeding three working days from the conclusion of the agreement with the new roaming provider. The switch to an alternative roaming provider shall be free of charge for customers and shall be possible under any tariff plan;
· sets out the conditions for wholesale access to public mobile communications networks to provide roaming services;
· lays down transitory rules on the charges that may be levied by roaming providers for the provision of regulated roaming services for voice calls and SMS messages originating and terminating within the Union and for packet switched data communication services used by roaming customers while roaming on a mobile communications network within the Union;
· allows for a reasonable margin between the tariff ceilings for wholesale and retail prices in order to allow other operators access to the market;
· lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of roaming services. Roaming providers should, amongst other things, take the necessary measures to: (i) actively bring to the attention of the customers information about the Eurotariff voicemail and Eurotariff SMS; (ii) provide adequate information in order to empower customers to actively prevent instances of inadvertent roaming in border regions; (iii) take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home Member State.
The Body of European Regulators for Electronic Communications (BEREC) will take part in the technical implementation of the Regulation.
The Regulation states that the separate sale of regulated roaming services from domestic mobile communications services is a necessary intermediate step to increase competition so as to lower roaming tariffs for customers in order to achieve an internal market for mobile communication services and ultimately for there to be no differentiation between national and roaming tariffs.
The price caps are as follows:
Phone calls:
· From July 2012: Retail prices (excluding VAT) (charged to consumers): EUR 0.29 per minute for calls made and EUR 0.08 per minute for calls received. Wholesale prices (charged between operators) EUR 0.14 per minute.
· From July 2013: Retail prices (excluding VAT) (charged to consumers): EUR 0.24 per minute for calls made and EUR 0.07 for calls received. Wholesale prices (charged between operators) EUR 0.10 per minute.
· From July 2014: Retail prices (excluding VAT) (charged to consumers): EUR 0.19 per minute for calls made and EUR 0.05 for calls received. Wholesale prices (charged between operators): EUR 0.05 per minute.
SMS messages:
· From July 2012: Retail prices (excluding VAT) (charged to consumers): EUR 0.09 per SMS message. Wholesale prices (charged between operators): EUR 0.03
· From July 2013: Retail prices (excluding VAT) (charged to consumers): EUR 0.08 per SMS message. Wholesale prices (charged between operators): EUR 0.02
· From July 2014: Retail prices (excluding VAT) (charged to consumers): EUR 0.06 per SMS message. Wholesale prices (charged between operators): EUR 0.02
Data roaming:
· From July 2012: Retail prices (excluding VAT) (charged to consumers): EUR 0.70 per megabyte. Wholesale prices (charged between operators): EUR 0.25 per megabyte
· From July 2013: Retail prices (excluding VAT) (charged to consumers): EUR 0.45 per megabyte. Wholesale prices (charged between operators): EUR 0.15 per megabyte
· From July 2014: Retail prices (excluding VAT) (charged to consumers): EUR 0.20 per megabyte. Wholesale prices (charged between operators): EUR 0.05 per megabyte
Review: the Commission shall review the functioning of the Regulation and, after a public consultation, shall report to the European Parliament and the Council by 30 June 2016.
If the report shows that the structural measures provided for by the Regulation have not been sufficient to promote competition in the internal market or that the differences between roaming tariffs and national tariffs have not approached zero, the Commission shall make appropriate proposals to the European Parliament and the Council to address this situation.
ENTRY INTO FORCE: 01/07/2012.
DATE OF EXPIRY: 30/06/2022.
The European Parliament adopted by 578 votes to 10 with 10 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on roaming on public mobile communications networks within the Union (recast).
Parliament adopted its position in first reading following the ordinary legislative procedure.
The amendments adopted in plenary are the result of a compromise agreement between Parliament and Council. They amend the Commission proposal as follows:
Subject matter and scope : it is specified that the Regulation lays down rules to enable the separate sale of regulated roaming services from domestic mobile communications services and sets out the conditions for wholesale access to public mobile communications networks for the purpose of providing regulated roaming services. It applies both to charges levied by network operators at wholesale level and to charges levied by roaming providers at retail level.
The amended text states that the separate sale of regulated roaming services from domestic mobile communications services is a necessary intermediate step to increase competition so as to lower roaming tariffs for customers in order to achieve an internal market for mobile communication services and ultimately for there to be no differentiation between national and roaming tariffs.
Definitions: ‘roaming provider’ means an undertaking that provides a roaming customer with regulated retail roaming services. The text introduces a definition of ‘visited network’ which means a terrestrial public mobile communications network situated in a Member State other than that of the roaming customer’s domestic provider that permits a roaming customer to make or receive calls, to send or receive SMS messages or to use packet switched data communications, by means of arrangements with the home network operator.
‘Roaming customer’ means a customer of a roaming provider of regulated roaming services, by means of a terrestrial public mobile communications network situated in the Union, whose contract or arrangement with that roaming provider permits Union-wide roaming.
Lastly, the text introduces a definition of ‘ Euro-voice tariff’ .
Wholesale roaming access : mobile network operators may refuse requests for wholesale roaming access only on the basis of objective criteria . Mobile network operators shall provide the undertaking requesting access with a draft contract , for such access at the latest one month after the initial receipt of the request by the mobile network operator.
By 30 September 2012, and in order to contribute to the consistent application of this Article, he Body of European Regulators for Electronic Communications (BEREC) shall, after consulting stakeholders and in close cooperation with the Commission, lay down guidelines for wholesale roaming access.
Mobile network operators shall publish a reference offer, taking into account the BEREC guidelines, and make it available to an undertaking requesting wholesale roaming access.
Separate sale of regulated retail roaming services : from 1 July 2014, domestic providers shall enable their customers to access regulated voice, SMS and data roaming services, provided as a bundle by any alternative roaming provider.
Neither domestic nor roaming providers shall prevent customers from accessing regulated data roaming services provided directly on a network visited by an alternative roaming provider.
Roaming customers shall have the right to switch roaming provider at any time. Where a roaming customer chooses to switch roaming provider, the switch shall be carried out without undue delay, but under no circumstances exceeding three working days from the conclusion of the agreement with the new roaming provider.
The switch to an alternative roaming provider or between roaming providers shall be free of charge for customers and shall be possible under any tariff plan. It shall not entail any associated subscription or additional fixed or recurring charges, pertaining to elements of the subscription other than roaming, as compared to the conditions prevailing before the switch.
A domestic provider shall not prevent, dissuade or discourage retailers serving as the domestic provider’s points of sale from offering contracts for separate roaming services with alternative roaming providers.
The technical characteristics of regulated roaming services shall not be altered in such a way as to make them differ from the technical characteristics of the regulated roaming services, including the quality parameters, as provided to the customer before the switch.
Implementation of separate sale of regulated retail roaming services : from 1 July 2014 domestic providers shall implement the separate sale of regulated retail roaming services so that customers can use domestic mobile communication services and separate regulated roaming services. Access to those facilities and support services that are necessary for the separate sale of regulated roaming services, including user authentication services, shall be free of charge and shall not entail any direct charges to customers.
The technical solution to implement the separate sale of regulated retail roaming services shall meet certain specified criteria. These include:
· consumer friendliness, in particular allowing consumers to easily and quickly switch to an alternative roaming provider while keeping their existing mobile phone number and while using the same mobile device;
· ability to serve all categories of consumer demand on competitive terms, including intensive usage of data services;
· allowing a maximum degree of interoperability;
· user friendliness, in particular in respect of the customers‘ technical handling of the mobile device when changing networks;
· ensuring that roaming by Union customers in third countries or by third country customers in the Union is not impeded;
· ensuring that the rules on protection of privacy, personal data, security and integrity of networks and transparency required by the Framework Directive and the Specific Directives are respected;
Wholesale charges for the making of regulated roaming calls : the average wholesale charge that the visited network operator may levy on the customer's roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0.14 per minute as of 1 July 2012.
The average wholesale charge referred to above shall apply between any pair of operators and shall be calculated over a 12-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge or before 30 June 2022. The maximum average wholesale charge shall decrease to EUR 0.10 on 1 July 2013 and to EUR 0.05 on 1 July 2014 and shall remain at EUR 0.05 until 30 June 2022 .
Retail charges for regulated roaming calls : roaming providers shall make available and actively offer to all their roaming customers, clearly and transparently, a Euro-voice tariff. That tariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff.
From 1 July 2012, the retail charge (excluding VAT) for a Euro-voice tariff may vary for any roaming call but shall not exceed EUR 0.29 per minute for any call made or EUR 0.08 per minute for any call received.
The maximum retail charge for calls made shall decrease to (i) EUR 0.24 on 1 July 2013 and to EUR 0.19 on 1 July 2014 and (ii) for calls received shall decrease to EUR 0.07 on 1 July 2013 and to EUR 0.05 on 1 July 2014 . These maximum retail charges for the Euro-voice tariff shall remain valid until 30 June 2017.
Roaming providers :
· shall not levy any charge on their roaming customers for the receipt by them of a roaming voicemail message;
· shall charge its roaming customers for the provision of any regulated roaming call to which a Euro-voice tariff applies, whether made or received, on a per second basis;
· may apply an initial minimum charging period not exceeding 30 seconds to calls made which are subject to a Euro-voice tariff.
Any roaming customer may request to switch to or from a Euro-voice tariff.
A roaming provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding two months . A Euro-voice tariff may always be combined with a Euro-SMS tariff and a Euro-data tariff.
Wholesale charges for regulated roaming SMS messages : with effect from 1 July 2012, the average wholesale charge that the visited network operator may levy for the provision of a regulated roaming SMS message originating on that visited network shall not exceed EUR 0.03 per SMS message , shall decrease to EUR 0.02 on 1 July 2013 and shall remain at EUR 0.02 until 30 June 2022.
Retail charges for regulated roaming SMS messages : with effect from 1 July 2012, the retail charge (excluding VAT) for a Euro-SMS tariff may vary for any regulated roaming SMS message but shall not exceed EUR 0.09 . That maximum charge shall decrease to EUR 0.08 on 1 July 2013 and to EUR 0.06 on 1 July 2014 and shall remain at EUR 0.06 until 30 June 2017 .
Roaming providers: (i) shall not levy any charge on their roaming customers for the receipt by them of a regulated roaming SMS message; (ii) may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding two months. A Euro-SMS tariff may always be combined with a Euro-voice tariff and a Euro-data tariff.
No roaming provider, domestic provider, home network operator or visited network operator shall alter the technical characteristics of regulated roaming SMS messages in such a way as to make them differ from the technical characteristics of SMS messages provided within its domestic market.
Wholesale charges for regulated data roaming services : with effect from 1 July 2012, the average wholesale charge that the visited network operator may levy on the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0.25 per megabyte of data transmitted . The safeguard limit shall decrease to EUR 0.15 per megabyte of data transmitted on 1 July 2013 and to EUR 0.05 per megabyte of data transmitted on 1 July 2014 and shall remain at EUR 0.05 per megabyte of data transmitted until 30 June 2022.
Retail charges for regulated data roaming services : roaming providers shall make available and actively offer to all their roaming customers, clearly and transparently, a Euro-data tariff.
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a roaming provider may levy on its roaming customer for the provision of a regulated data roaming service shall not exceed EUR 0.70 per megabyte used . The maximum retail charge for data used shall decrease to EUR 0.45 per megabyte used on 1 July 2013 and to EUR 0.20 per megabyte used on 1 July 2014 and shall remain at EUR 0.20 per megabyte used until 30 June 2017.
Every roaming provider shall charge its roaming customers for the provision of any regulated roaming data service to which a Euro-data tariff applies on a per kilobyte basis, except for Multimedia Messaging Service (MMS) messages which may be charged on a per unit basis. In such a case, the retail charge which a roaming provider may levy on its roaming customer for the transmission or receipt of a roaming MMS message shall not exceed the maximum retail charge set in the Regulation.
Transparency of retail charges for roaming calls and SMS messages : the basic personalised pricing information shall include the maximum charges (in the currency of the home bill provided by the customer’s domestic provider) to which the customer may be subject under his tariff scheme for:
· making regulated roaming calls within the visited Member State and back to the Member State of his domestic provider, as well as for regulated roaming calls received; and
· sending regulated roaming SMS messages while in the Member State visited.
These provisions shall also apply to voice and SMS roaming services used by roaming customers travelling outside the Union and provided by a roaming provider.
Roaming providers shall take measures to:
· secure awareness by all their roaming customers of the availability of the Euro-voice tariff and the Euro-SMS tariff. The information provided shall be sufficiently detailed for customers to judge whether or not it is beneficial for them to switch to a Eurotariff;
· make available information to their customers on how to avoid inadvertent roaming in border regions. - protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home Member State.
Transparency and safeguard mechanisms for retail data roaming services : where appropriate, roaming providers shall notify to their customers, free of charge and 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.
In addition, where the customer opts for the facility providing information on accumulated consumption the requirements provided the Regulation shall not apply if the visited network operator in the visited country outside the Union does not allow the roaming provider to monitor its customers‘ usage on a real-time basis. In such a case the customer shall be notified by an SMS message when entering such a country, without undue delay and free of charge, that information on accumulated consumption and the guarantee not to exceed a specified financial limit are not available.
Review: the Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council by 30 June 2016 . In so doing, the Commission shall review, inter alia:
· whether competition has sufficiently developed in order to justify the expiry of maximum retail charges;
· the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice, SMS and data communication services, in comparison to the charges for mobile communications services at domestic level in the Member States, both for pre-paid and post-paid customers separately, and in the quality and speed of these services;
· the difference between roaming and national tariffs, including the availability of offers providing a single tariff for national and roaming services;
· the extent to which the implementation of the structural measures provided for in the Regulation has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero;
· the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services.
If the report shows that the structural measures provided for by the Regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all European consumers or that the differences between roaming tariffs and national tariffs have not approached zero, the Commission shall make appropriate proposals to the European Parliament and the Council to address this situation and thus achieve an internal market for mobile communication services, ultimately with there being no difference between national and roaming tariffs.
The Committee on Industry, Research and Energy adopted the report by Angelika NIEBLER (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council on roaming on public mobile communications networks within the Union (recast).
The committee recommends that the position of the European Parliament in first reading following the ordinary legislative procedure should be to amend the Commission proposal. The proposed amendments are the result of negotiations between members of the committee and Member States’ representatives. They may be summarised as follows:
Subject matter and scope : it is specified that the Regulation lays down rules to enable the separate sale of regulated roaming services from domestic mobile communications services and sets out the conditions for wholesale access to public mobile communications networks for the purpose of providing regulated roaming services. It applies both to charges levied by network operators at wholesale level and to charges levied by roaming providers at retail level.
The amended text states that the separate sale of regulated roaming services from domestic mobile communications services is a necessary intermediate step to increase competition so as to lower roaming tariffs for customers in order to achieve an internal market for mobile communication services and ultimately for there to be no differentiation between national and roaming tariffs.
With regard to maximum wholesale charges fixed in the Regulation, the limits in currencies other than the euro shall be revised annually as from 2015. The annually revised limits in those currencies shall apply from 1 July using the reference exchange rates published on 1 May of the same year.
Where maximum retail charges are denominated in currencies other than the euro , the initial limits shall be determined in those currencies by applying the average of the reference exchange rates published on 1 March, 1 April and 1 May 2012 by the European Central Bank in the Official Journal of the European Union.
Definitions: ‘roaming provider’ means an undertaking that provides a roaming customer with regulated retail roaming services. The text introduces a definition of ‘visited network’ which means a terrestrial public mobile communications network situated in a Member State other than that of the roaming customer’s domestic provider that permits a roaming customer to make or receive calls, to send or receive SMS messages or to use packet switched data communications, by means of arrangements with the home network operator.
‘Roaming customer’ means a customer of a roaming provider of regulated roaming services, by means of a terrestrial public mobile communications network situated in the Union, whose contract or arrangement with that roaming provider permits Union-wide roaming.
Lastly, the text introduces a definition of ‘ Euro-voice tariff’ .
Wholesale roaming access : mobile network operators may refuse requests for wholesale roaming access only on the basis of objective criteria . Mobile network operators shall provide the undertaking requesting access with a draft contract , for such access at the latest one month after the initial receipt of the request by the mobile network operator.
By 30 September 2012, and in order to contribute to the consistent application of this Article, he Body of European Regulators for Electronic Communications (BEREC) shall, after consulting stakeholders and in close cooperation with the Commission, lay down guidelines for wholesale roaming access.
Separate sale of regulated retail roaming services : domestic providers shall enable their customers to access regulated voice, SMS and data roaming services, provided as a bundle by any alternative roaming provider.
Neither domestic nor roaming providers shall prevent customers from accessing regulated data roaming services provided directly on a network visited by an alternative roaming provider.
The switch to an alternative roaming provider or between roaming providers shall be free of charge for customers and shall be possible under any tariff plan. It shall not entail any associated subscription or additional fixed or recurring charges, pertaining to elements of the subscription other than roaming, as compared to the conditions prevailing before the switch.
· At the time of making or renewing a contract on mobile communication services, domestic providers shall provide all their customers individually with full information on the possibility to choose an alternative roaming provider and shall not hinder the conclusion of a contract with an alternative roaming provider.
· Customers concluding a contract with a domestic provider for regulated roaming services shall explicitly confirm that they have been informed of such possibility.
· A domestic provider shall not prevent, dissuade or discourage retailers serving as the domestic provider’s points of sale from offering contracts for separate roaming services with alternative roaming providers.
· The technical characteristics of regulated roaming services shall not be altered in such a way as to make them differ from the technical characteristics of the regulated roaming services, including the quality parameters, as provided to the customer before the switch.
Implementation of separate sale of regulated retail roaming services : domestic providers shall implement the separate sale of regulated retail roaming services so that customers can use domestic mobile communication services and separate regulated roaming services. Access to those facilities and support services that are necessary for the separate sale of regulated roaming services, including user authentication services, shall be free of charge and shall not entail any direct charges to customers.
The technical solution to implement the separate sale of regulated retail roaming services shall meet certain specified criteria, including ability to give effect to the obligations regarding separate sale of regulated retail roaming services in an efficient manner.
Committee procedure : the Commission shall be assisted by the Communications Committee established by Article 22 of the Framework Directive. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.
Wholesale charges for the making of regulated roaming calls : the average wholesale charge that the visited network operator may levy on the customer's roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0.14 per minute as of 1 July 2012.
The average wholesale charge referred to above shall apply between any pair of operators and shall be calculated over a 12-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge or before 30 June 2022. The maximum average wholesale charge shall decrease to EUR 0.10 on 1 July 2013 and to EUR 0.05 on 1 July 2014 and shall remain at EUR 0.05 until 30 June 2022 .
Retail charges for regulated roaming calls : roaming providers shall make available and actively offer to all their roaming customers, clearly and transparently, a Euro-voice tariff. That tariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff.
The retail charge (excluding VAT) for a Euro-voice tariff may vary for any roaming call but shall not exceed EUR 0.29 per minute for any call made or EUR 0.08 per minute for any call received.
The maximum retail charge for calls made shall decrease to EUR 0.24 on 1 July 2013 and to EUR 0.19 on 1 July 2014 and the maximum retail charge for calls received shall decrease to EUR 0.07 on 1 July 2013 and to EUR 0.05 on 1 July 2014 . These maximum retail charges for the Euro-voice tariff shall remain valid until 30 June 2017.
Roaming providers :
· shall not levy any charge on their roaming customers for the receipt by them of a roaming voicemail message;
· shall charge its roaming customers for the provision of any regulated roaming call to which a Euro-voice tariff applies, whether made or received, on a per second basis;
· may apply an initial minimum charging period not exceeding 30 seconds to calls made which are subject to a Euro-voice tariff.
Furthermore, roaming providers:
· shall apply a Euro-voice tariff 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 regulated roaming calls than they would have been accorded in the absence of such a choice;
· shall apply a Euro-voice tariff to all new roaming customers who do not make a deliberate choice to select a different roaming tariff or a tariff package for roaming services which includes a different tariff for regulated roaming calls.
Any roaming customer may request to switch to or from a Euro-voice tariff.
A roaming provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding two months . A Euro-voice tariff may always be combined with a Euro-SMS tariff and a Euro-data tariff.
Wholesale charges for regulated roaming SMS messages : with effect from 1 July 2012, the average wholesale charge that the visited network operator may levy for the provision of a regulated roaming SMS message originating on that visited network shall not exceed EUR 0.03 per SMS message , shall decrease to EUR 0.02 on 1 July 2013 and shall remain at EUR 0.02 until 30 June 2022.
Retail charges for regulated roaming SMS messages : with effect from 1 July 2012, the retail charge (excluding VAT) for a Euro-SMS tariff which a roaming provider may levy on its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any regulated roaming SMS message but shall not exceed EUR 0.09 . That maximum charge shall decrease to EUR 0.08 on 1 July 2013 and to EUR 0.06 on 1 July 2014 and shall remain at EUR 0.06 until 30 June 2017 .
Roaming providers: (i) shall not levy any charge on their roaming customers for the receipt by them of a regulated roaming SMS message; (ii) may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding two months. A Euro-SMS tariff may always be combined with a Euro-voice tariff and a Euro-data tariff.
No roaming provider, domestic provider, home network operator or visited network operator shall alter the technical characteristics of regulated roaming SMS messages in such a way as to make them differ from the technical characteristics of SMS messages provided within its domestic market.
Wholesale charges for regulated data roaming services : with effect from 1 July 2012, the average wholesale charge that the visited network operator may levy on the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0.25 per megabyte of data transmitted . The safeguard limit shall decrease to EUR 0.15 per megabyte of data transmitted on 1 July 2013 and to EUR 0.05 per megabyte of data transmitted on 1 July 2014 and shall remain at EUR 0.05 per megabyte of data transmitted until 30 June 2022.
Retail charges for regulated data roaming services : roaming providers shall make available and actively offer to all their roaming customers, clearly and transparently, a Euro-data tariff.
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a roaming provider may levy on its roaming customer for the provision of a regulated data roaming service shall not exceed EUR 0.70 per megabyte used . The maximum retail charge for data used shall decrease to EUR 0.45 per megabyte used on 1 July 2013 and to EUR 0.20 per megabyte used on 1 July 2014 and shall remain at EUR 0.20 per megabyte used until 30 June 2017.
Every roaming provider shall charge its roaming customers for the provision of any regulated roaming data service to which a Euro-data tariff applies on a per kilobyte basis, except for Multimedia Messaging Service (MMS) messages which may be charged on a per unit basis. In such a case, the retail charge which a roaming provider may levy on its roaming customer for the transmission or receipt of a roaming MMS message shall not exceed the maximum retail charge set in the Regulation.
Transparency of retail charges for roaming calls and SMS messages : to alert roaming customers to the fact that they will be subject to roaming charges when making or receiving a call or when sending an SMS message, each roaming provider shall provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State other than that of his domestic provider, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the Member State visited.
That basic personalised pricing information shall include the maximum charges (in the currency of the home bill provided by the customer’s domestic provider) to which the customer may be subject under his tariff scheme for:
· making regulated roaming calls within the visited Member State and back to the Member State of his domestic provider, as well as for regulated roaming calls received; and
· sending regulated roaming SMS messages while in the Member State visited.
These provisions shall also apply to voice and SMS roaming services used by roaming customers travelling outside the Union and provided by a roaming provider.
Transparency and safeguard mechanisms for retail data roaming services : where appropriate, roaming 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, roaming providers shall notify to their customers, free of charge and 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.
Review: the Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council by 30 June 2016 . In so doing, the Commission shall review, inter alia:
· the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice, SMS and data communication services, in comparison to the charges for mobile communications services at domestic level in the Member States, both for pre-paid and post-paid customers separately, and in the quality and speed of these services;
· the difference between roaming and national tariffs, including the availability of offers providing a single tariff for national and roaming services;
· the extent to which the implementation of the structural measures provided for in the Regulation has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero;
· the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services.
If the report shows that the structural measures provided for by the Regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all European consumers or that the differences between roaming tariffs and national tariffs have not approached zero, the Commission shall make appropriate proposals to the European Parliament and the Council to address this situation and thus achieve an internal market for mobile communication services, ultimately with there being no difference between national and roaming tariffs.
The Council took note, in a public session, of a progress report on a draft roaming regulation and discussed this proposal on the basis of the presidency questionnaire. The proposal aims at revising the current regulation by introducing pro-competitive structural measures and extending its validity until 30 June 2022 . The proposed structural measures aim to tackle the lack of competition and consumer choice, which causes the high roaming prices. The intention is to open the market to different types of providers and raise consumers' awareness of roaming prices, as well as increase choice by allowing them to purchase roaming also as a standalone service.
The current roaming regulation will expire on 30 June 2012 . The aim of the incoming Danish presidency will be to achieve a first-reading agreement with the European Parliament early 2012.
The presidency's progress report is intended to inform ministers of the work done so far and to identify issues, which will need more in-depth consideration.
The working party discussed the proposal at several meetings on the basis of three clusters which cover the main elements of the proposal:
structural measures; price caps; transparency, safeguards and supervision.
Most delegations welcomed the proposal. However, most sought clarification with regard to the exact scope of the wholesale access obligation , and inquired about the technical and practical feasibility of de-coupling domestic mobile services and international roaming services , and about the implementation time-frame for particular actions indicated in the regulation. The delegations also expressed some concerns about the level of the proposed price caps and the margin of the price caps at wholesale and retail level.
Structural measures : many delegations enquired about the level of the envisaged effects of the structural measures: would they indeed meet the Digital Agenda target of narrowing or closing the gap between current roaming prices and domestic prices? In addition, concerns were expressed about the envisaged costs regarding the implementation of the structural solutions, which, as assumed by some delegations, could be substantially higher than the EUR 300 million estimated by the industry, as indicated in the Commission’s impact assessment. Delegations put detailed questions on how the wholesale access obligation would work in practice, e.g. according to which criteria should mobile network operators have to meet "reasonable requests" for wholesale roaming access. Some delegations believe that the text of the Regulation should better clarify the scope of access (direct wholesale roaming and wholesale roaming resale) as well as the maximum period for granting access. Many delegations believed that the scope of the wholesale access obligation should cover wholesale inbound roaming in the visited network as well as resale wholesale roaming in the home network. Role of the BEREC (Body of European Regulators for Electronic Communications) : delegations also questioned the process for the BEREC to publish guidelines on wholesale access conditions for the delivery of roaming services and some delegations argued that a deadline should be put to BEREC to produce such guidelines. Issues requiring further discussion on the wholesale access obligation concern the scope of the access obligation, the pricing rules related to the access and a time period for granting access. Regarding the price for the access, some delegations pointed out that, in order to recover costs not directly related to wholesale access, network operators should be allowed to levy a charge to cover a reasonable part of the costs separately from the price for the actual roaming service. The issue of competition: delegations appear to support the approach of granting end-users the right to select an alternative roaming provider as facilitating the availability of roaming as a stand-alone service would address structural problems by raising consumer awareness of roaming prices, allowing distinct consumer choice concerning roaming services and thus increasing competitive pressure on the demand side . In this context, however, delegations did question the proposed technical solution for de-coupling, which needs to be put in place in order to meet the objectives of the structural measures. Many delegations are not yet convinced at this stage about one or the other technical solution for decoupling and are therefore reluctant to predetermine the technical solution in the Regulation. A number of delegations proposed to clearly set out general principles in the Regulation in order to provide BEREC with sufficient guidance, whilst at the same time retaining flexibility to future-proof the Regulation in light of rapid market and technological developments . Many delegations referred to the need to fully involve BEREC in the definition of a technical solution. The Regulation could consequently set out criteria according to which BEREC and industry could work out guidelines for technical solutions, which could be made binding in the EU through the adoption of implementing acts. In this regard, the Regulation could include, for example, the following criteria: the ability to effectively foster competition, user-friendliness, cost-effectiveness, network integrity and time constraints for implementation. In this regard, BEREC is currently investigating less complex solutions, such as roaming resale and local break out for data, which would deliver benefits to different consumer segments, quickly and without undue expenditure of time and resources on implementation. According to BEREC, the Commission's parallel proposals to reduce wholesale prices and introduce a general right of wholesale access for roaming purposes, can already be expected to deliver material competition benefits in the medium term. Wholesale and retail price caps : discussions focussed on the proposed level of these caps and the linkage between the levels of the wholesale and retail caps. In general, some delegations believed that the level of retail caps could possibly be set lower so that the margin between the wholesale and retail caps could be reduced and the retail prices would not be more than three times the wholesale prices . With regard to the caps generally and the retail caps for data roaming particularly, the issue appears to be finding the right balance between the interests of consumers, who are looking for cheaper prices, and offering opportunities for potential new market entrants, who might refrain from entering the market where price caps are set too low. In general, delegations appeared to prefer to start a detailed examination of the level of the caps once discussions on the structural measures have advanced. Delegations seemed to agree that, in order to determine the most adequate level for the various caps, due consideration should be given to the need to create incentives for alternative providers to enter the market so that market dynamics would yield more competitive prices, while at the same time ensuring that consumers are protected from excessive price levels. Price cap withdrawal mechanism : delegations put questions regarding the proposed date for their expiration (2016 for retail caps), which for some delegations would be premature as the structural solutions might not yet be fully in place and competition might not yet be sufficiently developed in the roaming market. Whereas some delegations were not clear about the need for a threshold, other delegations questioned the level of 75% for the threshold for earlier removal of the caps, i.e. if average wholesale charges based on off-net unbalanced traffic would fall to 75% or less of the caps they will be withdrawn. Some delegations plead in favour of tightening the threshold to 50% rather than 75% of the retail price cap as the proposed price caps may be too high to indicate competition across the EU. Review mechanism : many delegations felt that the proposed date of 30 June 2015 for the Commission to report on the functioning of the Regulation would be too early to usefully assess the impact of the structural measures on competition. Concerning the review of the Regulation, various delegations submitted initial views as to its scope and timing but also pointed out that these suggested adjustments would depend on the Council's final position regarding the level and duration of the price caps. Transparency and safeguard mechanism : delegations appeared to agree with the new possibility in the Roaming proposal to easily opt out from the automatic message service as certain customers might be well informed about roaming charges. With regard to bill-shocks and the cut-off limit, some delegations pointed out that, although certain pre-paid customers know the amount of credit available to them and are therefore less likely to suffer from bill shocks, there could still be a need to apply the cut-off limit to other pre-paid customers. A considerable number of delegations called for an extension of the information requirements and the transparency mechanism provided for in the draft Regulation to the use of data roaming services outside the Union.
PURPOSE: introduce structural measures to boost competition by allowing customers from 1 July 2014, if they so wish, to sign up for a cheaper mobile roaming contract, separate from their contract for national mobile services, whilst using the same phone number.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: Regulation (EC) No 717/2007 on roaming on public mobile telephone networks within the Community has been substantially amended. Since further amendments are to be made, it should be recast in the interests of clarity.
A report adopted by the Commission on the current roaming Regulation indicates that it has temporarily reduced prices for roaming phone calls and text messages but has not remedied the lack of competition in the roaming market, with prices remaining stubbornly close to the retail caps.
The Commission's proposal would tackle the current lack of competition and consumer choice by:
making it easier for alternative operators, like mobile virtual network operators, to enter roaming markets by requiring network operators in other Member States to give them access to their networks at regulated wholesale prices. This would create more competition between operators on roaming markets, and so increase the incentives for them to offer customers more attractive prices and services; letting consumers choose an alternative provider for roaming services, irrespective of their national provider. Each time the customer crossed a border, they would automatically switch to their chosen roaming provider, without any further action on their part, while keeping the same number and subscriber identity module (SIM card). This would enhance transparency and allow customers to shop around for the best roaming offers and encourage operators to offer more competitive roaming deals.
The proposal aims to meet the objective set in the Digital Agenda for Europe that differences between roaming and national telecoms tariffs should approach zero by 2015.
IMPACT ASSESSMENT: no impact assessment was carried out.
LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: to cover the period until structural measures become fully effective and competition drives retail prices down, the proposal would progressively lower current retail price caps on voice and texting (SMS) services and introduce a new retail price cap for mobile data services. By 1 July 2014, roaming consumers would pay no more than:
24 cents per minute to make a call, a maximum 10 cents per minute to receive a call, maximum 10 cents to send a text message and maximum 50 cents per Megabyte (MB) to download data or browse the Internet whilst travelling abroad (charged per Kilobyte used).
More specifically, until these structural solutions fully delivered their results the proposal would:
introduce a new retail price cap for data roaming (which would remain in force until mid-2016). This would ensure that users of smart phones, tablets and other devices to access the Internet through mobile networks could go online whilst abroad without running up huge bills. The Commission proposes that consumers would pay no more than 90 cents per Megabyte (MB) downloaded from 1 July 2012, falling very steeply to 50 cents per MB by July 2014 (such prices would be charged on a Kilobyte basis, taking into account effective use). The current Regulation does not foresee retail price caps for data roaming. Wholesale price caps for data roaming have been in place since July 2009, but savings have not been passed on to the consumer. The overall average retail price of EUR 1.06 to download data in another Member State at the end of 2010 masks a wide variation in retail prices. For example, it costs consumers an average of EUR 2.23 per MB when downloading abroad on another mobile group's network and in some cases charges reached much higher levels (even as high as EUR 12 per MB). It is important to note that the proposed retail caps serve as a mere safety-net for consumers, while the Commission expects that the proposed competition-enhancing structural measures would deliver innovative pan-European offers and cheaper prices, significantly below the safeguard caps; keep retail price caps for roaming voice and text message (SMS). These would gradually decrease for all roaming services and would also remain in force until mid-2016; keep data roaming "bill shock" protection – consumers' and business travellers' monthly bills for data access over mobile networks when abroad would continue to be limited to EUR 50 unless the customer explicitly agreed otherwise; retain caps on wholesale prices between operators for all roaming services until 2022 (voice, SMS and data) in order to create a predictable investment environment for alternative operators. Wholesale price caps could be removed before 2022 if market data indicated that competition had developed sufficiently; under the new Regulation, operators would still be obliged to provide information on roaming prices to consumers when crossing into another Member State, but customers would be able to easily opt out of receiving this information.
BUDGETARY IMPLICATIONS: this proposal has no implications for the EU budget.
Documents
- Follow-up document: COM(2019)0616
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2019)0416
- Follow-up document: COM(2018)0822
- Follow-up document: EUR-Lex
- Document attached to the procedure: COM(2016)0398
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0200
- Final act published in Official Journal: Regulation 2012/531
- Final act published in Official Journal: OJ L 172 30.06.2012, p. 0010
- Commission response to text adopted in plenary: SP(2012)488
- Draft final act: 00020/2012/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0197/2012
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A7-0149/2012
- Committee opinion: PE478.349
- Amendments tabled in committee: PE478.630
- Amendments tabled in committee: PE478.645
- Debate in Council: 3134
- Contribution: COM(2011)0402
- Committee draft report: PE476.117
- Contribution: COM(2011)0402
- Economic and Social Committee: opinion, report: CES1611/2011
- Contribution: COM(2011)0402
- Legislative proposal published: COM(2011)0402
- Legislative proposal published: EUR-Lex
- Economic and Social Committee: opinion, report: CES1611/2011
- Committee draft report: PE476.117
- Amendments tabled in committee: PE478.630
- Amendments tabled in committee: PE478.645
- Committee opinion: PE478.349
- Draft final act: 00020/2012/LEX
- Commission response to text adopted in plenary: SP(2012)488
- Document attached to the procedure: COM(2016)0398 EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0200
- Follow-up document: COM(2018)0822 EUR-Lex
- Follow-up document: COM(2019)0616 EUR-Lex
- Follow-up document: EUR-Lex SWD(2019)0416
- Contribution: COM(2011)0402
- Contribution: COM(2011)0402
- Contribution: COM(2011)0402
Activities
- Regina BASTOS
Plenary Speeches (1)
- Sebastian Valentin BODU
Plenary Speeches (1)
- Jürgen CREUTZMANN
Plenary Speeches (1)
- Francesco DE ANGELIS
Plenary Speeches (1)
- Christian ENGSTRÖM
Plenary Speeches (1)
- Ioan ENCIU
Plenary Speeches (1)
- Vicky FORD
Plenary Speeches (1)
- Julie GIRLING
Plenary Speeches (1)
- Robert GOEBBELS
Plenary Speeches (1)
- Gunnar HÖKMARK
Plenary Speeches (1)
- Danuta JAZŁOWIECKA
Plenary Speeches (1)
- Romana JORDAN
Plenary Speeches (1)
- Lena KOLARSKA-BOBIŃSKA
Plenary Speeches (1)
- Eija-Riitta KORHOLA
Plenary Speeches (1)
- Edvard KOŽUŠNÍK
Plenary Speeches (1)
- Krzysztof LISEK
Plenary Speeches (1)
- Petru Constantin LUHAN
Plenary Speeches (1)
- Vladimír MAŇKA
Plenary Speeches (1)
- Iosif MATULA
Plenary Speeches (1)
- Judith A. MERKIES
Plenary Speeches (1)
- Alexander MIRSKY
Plenary Speeches (1)
- Andreas MÖLZER
Plenary Speeches (1)
- James NICHOLSON
Plenary Speeches (1)
- Wojciech Michał OLEJNICZAK
Plenary Speeches (1)
- Franz OBERMAYR
Plenary Speeches (1)
- Vladko Todorov PANAYOTOV
Plenary Speeches (1)
- Jaroslav PAŠKA
Plenary Speeches (1)
- Alojz PETERLE
Plenary Speeches (1)
- Hubert PIRKER
Plenary Speeches (1)
- Pavel POC
Plenary Speeches (1)
- Phil PRENDERGAST
Plenary Speeches (1)
- Jacek PROTASIEWICZ
Plenary Speeches (1)
- Miloslav RANSDORF
Plenary Speeches (1)
- Teresa RIERA MADURELL
Plenary Speeches (1)
- Jens ROHDE
Plenary Speeches (1)
- Oreste ROSSI
Plenary Speeches (1)
- Paul RÜBIG
Plenary Speeches (1)
- Horst SCHNELLHARDT
Plenary Speeches (1)
- Marco SCURRIA
Plenary Speeches (1)
- Olga SEHNALOVÁ
Plenary Speeches (1)
- Silvia-Adriana ȚICĂU
Plenary Speeches (1)
- Rafał TRZASKOWSKI
Plenary Speeches (1)
- Niki TZAVELA
Plenary Speeches (1)
- Marita ULVSKOG
Plenary Speeches (1)
- Vladimir URUTCHEV
Plenary Speeches (1)
- Oldřich VLASÁK
Plenary Speeches (1)
- Hermann WINKLER
Plenary Speeches (1)
- Marina YANNAKOUDAKIS
Plenary Speeches (1)
- Zbigniew ZIOBRO
Plenary Speeches (1)
Votes
A7-0149/2012 l - Angelika Niebler - Résolution législative #
Amendments | Dossier |
576 |
2011/0187(COD)
2011/12/21
ITRE
576 amendments...
Amendment 100 #
Proposal for a regulation Recital 28 (28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should be set at levels which do not distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to
Amendment 100 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of
Amendment 101 #
Proposal for a regulation Recital 29 (29) This regulatory approach should be simple to implement and monitor in order to minimise the administrative burden both for the operators which are affected by its requirements and for the national regulatory authorities charged with its supervision and enforcement. It should also be transparent and immediately understandable to all mobile customers within the Union. Furthermore it should provide certainty and predictability to operators providing wholesale and retail roaming services. The level in monetary terms of the maximum per-minute/per- gigabyte charges at wholesale and retail level should therefore be specified in this Regulation.
Amendment 101 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of Union-wide roaming services both within and outside the Union.
Amendment 102 #
Proposal for a regulation Recital 30 (30) The maximum average per- minute/per-gigabyte charge at wholesale level so specified should take account of the different elements involved in the making of a Union-wide roaming call, in particular the cost of originating and terminating calls over mobile networks and including overheads, signalling and transit. The most appropriate benchmark for call origination and for call termination is the average mobile termination rate for mobile network operators in the Union, based on information provided by the national regulatory authorities and published by the Commission. The maximum average per-
Amendment 102 #
Proposal for a regulation Article 1 – paragraph 4 – subparagraph 1 The charge limits set out in this Regulation are expressed in euro. Where charges governed by Articles 6, 7, 8, 9, 11 and 12 are denominated in other currencies, the initial limits pursuant to those Articles shall be determined in those currencies by applying the reference exchange rates published on 30 May 2012 by the European Central Bank in the Official Journal of the European Union or by applying the average of the reference exchange rates published by the European Central Bank in the Official Journal of the European Union in the six months prior to the entry into force of this Regulation, depending on which of these initial charge limits after conversion to currencies other than the euro is lower.
Amendment 103 #
Proposal for a regulation Recital 32 (32) During the transitional period of safeguard caps, all consumers should be informed about and have the option of choosing without additional charges or preconditions a simple roaming tariff which will not exceed regulated rates. A reasonable margin between wholesale
Amendment 103 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) ‘Eurotariff’ means any tariff not exceeding the maximum charge, provided for in Article 7, which a home provider may levy for the provision of regulated roaming calls in compliance with that Article and which in 2015 will be the same as the tariff charged on the domestic market;
Amendment 104 #
Proposal for a regulation Recital 33 (33) During the transitional period of safeguard caps, new roaming customers should be fully and actively informed of the range of tariffs that exist for roaming within the Union, including the tariffs which are compliant with the transitory Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time-frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their
Amendment 104 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) ‘home provider’ means an undertaking that provides a customer with Union-wide roaming services either via its own network or as a
Amendment 105 #
Proposal for a regulation Recital 35 a (new) (35 a) In a market with few dominating operators it may be difficult for smaller operators to enter the market as they may find it difficult to compete, due to their inability to internalise wholesale roaming costs. Therefore, Member States should consider regulatory intervention to ensure that smaller operators have access to the market. On the other hand Member States should not introduce regulation limiting the possibility for smaller operators to form alliances.
Amendment 105 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) ‘home provider’ means an
Amendment 106 #
Proposal for a regulation Recital 41 (41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff
Amendment 106 #
Proposal for a regulation Article 2 – paragraph 2 – point k (k) ‘regulated data roaming service’ means a roaming service enabling the use 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 calls or SMS messages
Amendment 107 #
Proposal for a regulation Recital 65 (65) In order to ensure that regulatory obligations on wholesale and retail charges for voice, SMS and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market, conditions should be set for non- application of maximum wholesale and retail charges already before the deadlines foreseen. Such conditions should be based on a significant difference between price caps and actual price levels. It is considered that a significant difference will be reached if prices
Amendment 107 #
Proposal for a regulation Article 2 – paragraph 2 – point k (k) ‘regulated data roaming service’ means a roaming service enabling the use 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 calls
Amendment 108 #
Proposal for a regulation Recital 67 (67) In order to improve the transparency of retail prices for making and receiving regulated roaming calls within the Union and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should
Amendment 108 #
Proposal for a regulation Article 2 – paragraph 2 – point k (k) ‘regulated data roaming service’ means a roaming service enabling the use 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 calls or SMS messages,
Amendment 109 #
Proposal for a regulation Recital 67 (67) In order to improve the transparency of retail prices for making and receiving regulated roaming calls within the Union
Amendment 109 #
Proposal for a regulation Article 2 – paragraph 2 – point k (k) ‘regulated data roaming service’ means a roaming service enabling the use 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 calls or SMS messages,
Amendment 110 #
Proposal for a regulation Recital 68 (68) Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. All information and offers should be presented in a clear, comprehensive, easily accessible and easily comparable form with regard to prices and service characteristics. Home providers should provide information on roaming charges by appropriate means such as sms, invoices, the internet, TV advertisements or direct mail. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the Eurotariff and the right to switch to and from it.
Amendment 110 #
Proposal for a regulation Article 2 – paragraph 2 – point m Amendment 111 #
Proposal for a regulation Recital 69 (69) Moreover, 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, there should be no obstacles to the
Amendment 111 #
Proposal for a regulation Article 2 – paragraph 2 – point m (m) ‘alternative roaming provider’ means a
Amendment 112 #
Proposal for a regulation Recital 70 a (new) (70a) Concerning border regions, mobile operators should provide their customers with better information on how to avoid inadvertent roaming charges.
Amendment 112 #
Proposal for a regulation Article 2 – paragraph 2 – point n (n) ‘wholesale roaming access’ means the making available of facilities and/or services to another undertaking, on a non- discriminatory basis, under defined conditions, for the purpose of providing roaming services to retail customers;
Amendment 113 #
Proposal for a regulation Recital 71 (71) In order to facilitate customers’ understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure, the home provider should give examples for
Amendment 113 #
Proposal for a regulation Article 2 – paragraph 2 – point o Amendment 114 #
Proposal for a regulation Recital 71 (71) In order to facilitate customers' understanding of the financial consequences of the use of
Amendment 114 #
Proposal for a regulation Article 2 – paragraph 2 – point o Amendment 115 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 1 1. This Regulation introduces a common approach to
Amendment 115 #
Proposal for a regulation Article 2 – paragraph 2 – point o Amendment 116 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 2 It lays down
Amendment 116 #
Proposal for a regulation Article 3 – paragraph 1 1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from
Amendment 117 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 2 a (new) The separate sale of roaming services from domestic mobile communications services is a temporary and intermediate step to increase competition so as to lower roaming prices for customers in order to achieve a common European mobile market with no differentiation between national and roaming tariffs.
Amendment 117 #
Proposal for a regulation Article 3 – paragraph 1 1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. The request for wholesale roaming access shall remain proportional and adapted to the party requesting access. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.
Amendment 118 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 2 a (new) This Regulation shall be temporary and only in place until the Commission proposes the necessary legislation to fully create an EU single market for public mobile communication networks and so eliminate in the medium term any roaming charges.
Amendment 118 #
Proposal for a regulation Article 3 – paragraph 2 2. Wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers. Additional services which go beyond basic wholesale roaming access, for example the provision of billing or customer care services should be reimbursed.
Amendment 119 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of
Amendment 119 #
Proposal for a regulation Article 3 – paragraph 3 3. Wholesale roaming access request shall be granted within a
Amendment 120 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) ‘home provider’ means an
Amendment 120 #
Proposal for a regulation Article 4 Amendment 121 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) ‘Union-wide roaming’ means the use of a
Amendment 121 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 122 #
Proposal for a regulation Article 2 – paragraph 2 – point k (k) ‘regulated data roaming service’ means a roaming service enabling the use 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 calls or SMS messages,
Amendment 122 #
Proposal for a regulation Article 4 – paragraph 2 2. With effect from 1
Amendment 123 #
Proposal for a regulation Article 2 – paragraph 2 – point m Amendment 123 #
Proposal for a regulation Article 4 – paragraph 2 2. With effect from 1 Ju
Amendment 124 #
Proposal for a regulation Article 2 – paragraph 2 – point m (m) ‘alternative roaming provider’ means a home provider, different from the operator providing domestic mobile communication services, that provides a roaming customer with roaming services
Amendment 124 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 125 #
Proposal for a regulation Article 2 – paragraph 2 – point m (m)
Amendment 125 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 126 #
Proposal for a regulation Article 2 – paragraph 2 – point m (m) ‘alternative roaming provider’ means a
Amendment 126 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within
Amendment 127 #
Proposal for a regulation Article 2 – paragraph 2 – point n (n)
Amendment 127 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or
Amendment 128 #
Proposal for a regulation Article 2 – paragraph 2 – point o Amendment 128 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within
Amendment 129 #
Proposal for a regulation Article 2 – paragraph 2 – point o Amendment 129 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider, or between alternative roaming providers, shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within
Amendment 130 #
Proposal for a regulation Article 2 – paragraph 2 – point o Amendment 130 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider, or between alternative roaming providers, shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within
Amendment 131 #
Proposal for a regulation Article 2 – paragraph 2 – point o Amendment 131 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within
Amendment 132 #
Proposal for a regulation Article 2 – paragraph 2 – point o Amendment 132 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within five working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding
Amendment 133 #
Proposal for a regulation Article 2 – paragraph 2 – point o Amendment 133 #
Proposal for a regulation Article 4 – paragraph 5 5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually in a clear and understandable manner with full information on the possibility to choose an alternative roaming provider and facilitate the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.
Amendment 134 #
Proposal for a regulation Article 2 – paragraph 2 – point o a (new) (oa) 'local data roaming service' means data roaming service provided to customers directly on a visited network by a mobile network operator, mobile virtual network operator or reseller;
Amendment 134 #
Proposal for a regulation Article 4 – paragraph 5 5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and
Amendment 135 #
Proposal for a regulation Article 2 – paragraph 2 – point o a (new) (oa) 'local data roaming service' means data roaming service provided to customers directly on a visited network by a mobile operator, mobile virtual network operator or reseller;
Amendment 135 #
Proposal for a regulation Article 4 – paragraph 5 5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually and in a durable media format with full information on the possibility to choose an alternative roaming provider and
Amendment 136 #
Proposal for a regulation Article 2 – paragraph 2 – point o a (new) (oa) 'wholesale roaming resale' means the sale of wholesale roaming access by an operator different from the visited network operator, usually covering several visited networks in several Member States;
Amendment 136 #
Proposal for a regulation Article 4 – paragraph 5 a (new) 5a. Before 1 July 2013 operators may apply to their respective national regulator for an exemption from the obligation to sell roaming services separately. An exemption shall be granted if the operator commits to offer to all of its customers as of 1 June 2014 roaming tariffs that are equal to its respective national tariffs or that are at maximum 10% higher than its respective national tariffs. Operators may alternatively offer a tariff consisting of an additional monthly base charge covering all roaming services if they can show that average roaming costs to the respective customer group (corporate, post-paid or pre-paid) would not increase by more than 10%. If the national regulator grants the exemption, paragraphs 1 to 5 shall not be applicable to the operator and its customers. Operators, after being granted an exemption, shall communicate changes to their offers to the national regulator. The exemption shall be withdrawn by national regulator if the changed offers no longer meet the conditions set out in this paragraph. The operator shall be notified of a possible withdrawal of the exemption and shall be given three months to adapt its offers. An operator whose exemption is withdrawn shall implement paragraphs 1 to 5 within one year following the withdrawal. National regulators shall inform the European Commission of any exemption granted or withdrawn.
Amendment 137 #
Proposal for a regulation Article 2 – paragraph 2 – point o a (new) (oa) 'Single tariff' means a tariff which all operators are obliged to offer, which offers identical prices for call, SMS and data use within the Union, irrespective of whether the customer is roaming or not;
Amendment 137 #
Proposal for a regulation Article 4 – paragraph 6 a (new) 6a. The obligations provided for in paragraphs (1) to (6) of this Article and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down within a reasonable period of time not exceeding three months after the adoption of this Regulation the guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 138 #
Proposal for a regulation Article 3 – paragraph 1 1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. The request for wholesale roaming access should remain proportional and adapted to the party requesting access. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access. Those rules are without prejudice to the recovery of other costs linked to the delivery of the wholesale roaming access by the mobile network operator.
Amendment 138 #
Proposal for a regulation Article 4 – paragraph 6 a (new) 6a. When a customer is offered by his home provider roaming tariffs significantly close to the tariffs for domestic voice, SMS and data services he benefits from, the obligation for this operator to enable his customer to access voice, SMS and data roaming services of any alternative roaming operator who has been granted access in order to provide separate roaming services, as provided paragraphs (1) to (6) of this Article and Article 5, shall not apply. The BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down within a reasonable period of time not exceeding three months after the adoption of this Regulation guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 139 #
Proposal for a regulation Article 3 – paragraph 1 1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. Wholesale roaming access shall be provided on non- discriminatory terms and conditions without making a distinction between domestic and foreign operators, including the terms and conditions of wholesale access provided for domestic mobile services. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.
Amendment 139 #
Proposal for a regulation Article 4 – paragraph 6 a (new) 6a. When a customer is offered by his home provider roaming tariffs close enough to the tariffs for domestic voice, SMS and data services he benefits from, the obligation for this operator to enable his customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply. The BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs close to domestic tariffs.
Amendment 140 #
Proposal for a regulation Article 3 – paragraph 1 1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. Mobile virtual network operators shall be granted the same favourable conditions applied to other network operators, on non- discriminatory terms. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.
Amendment 140 #
Proposal for a regulation Article 4 a (new) Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2016, the retail price caps as laid down in Article 7, Article 9 and Article 12 shall have effect.
Amendment 141 #
Proposal for a regulation Article 3 – paragraph 1 1.
Amendment 141 #
Proposal for a regulation Article 4 a (new) Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2014, the retail price caps as laid down in Article 7, Article 9 and Article 12 shall have effect.
Amendment 142 #
Proposal for a regulation Article 3 – paragraph 1 1. Mobile network operators shall
Amendment 142 #
Proposal for a regulation Article 4 a (new) Article 4 a The obligations provided for in paragraphs (1) to (6) of Article 4 and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC shall, after consulting stakeholders and in close co-operation with the Commission, lay down within a reasonable period of time, not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 143 #
Proposal for a regulation Article 3 – paragraph 1 1. Mobile network operators shall meet all reasonable requests for direct wholesale roaming access from any operator, including those from mobile virtual network operators and
Amendment 143 #
Proposal for a regulation Article 5 Amendment 144 #
Proposal for a regulation Article 3 – paragraph 1 1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. Mobile network operators are obliged to grant this access in a non-discriminatory manner and provide equivalent technical and organisational terms and conditions. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.
Amendment 144 #
Proposal for a regulation Article 5 Amendment 145 #
Proposal for a regulation Article 3 – paragraph 2 2. Wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers. Additional services beyond basic wholesale roaming access, for example the provision of billing or customer care services should be reimbursed.
Amendment 145 #
Proposal for a regulation Article 5 – paragraph 1 In order to ensure the development of the
Amendment 146 #
Proposal for a regulation Article 3 – paragraph 2 2. Wholesale roaming access shall cover access to all network elements and associated facilities, relevant services, network capacity, software and information systems, necessary for the provision of roaming services to customers.
Amendment 146 #
Proposal for a regulation Article 5 – paragraph 1 In order to ensure the development of the
Amendment 147 #
Proposal for a regulation Article 3 – paragraph 2 2. Wholesale roaming access
Amendment 147 #
Proposal for a regulation Article 5 – paragraph 2 For the purpose of separate sale of roaming services, operators shall make sure that facilities meeting the criteria set out in paragraph 1 are in place by 1
Amendment 148 #
Proposal for a regulation Article 3 – paragraph 2 2. Wholesale roaming access shall cover, at non-discriminatory conditions, access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers, also in derogation to Directive 2002/19/EC.
Amendment 148 #
Proposal for a regulation Article 5 – paragraph 2 For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 Ju
Amendment 149 #
Proposal for a regulation Article 3 – paragraph 3 3.
Amendment 149 #
Proposal for a regulation Article 5 – paragraph 2 For the purpose of separate sale of roaming
Amendment 150 #
Proposal for a regulation Article 3 – paragraph 3 3. Wholesale roaming access request shall be granted within a
Amendment 150 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 151 #
Proposal for a regulation Article 4 Amendment 151 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 152 #
Proposal for a regulation Article 4 – paragraph 1 1. Home providers shall enable their subscribers to access voice, SMS and data roaming services of any
Amendment 152 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 153 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 153 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 154 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 154 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 155 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 155 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 156 #
Proposal for a regulation Article 4 – paragraph 2 2. With effect from 1 Ju
Amendment 156 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 157 #
Proposal for a regulation Article 4 – paragraph 2 2. With effect from 1 J
Amendment 157 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 158 #
Proposal for a regulation Article 4 – paragraph 2 2.
Amendment 158 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1a. In accordance with paragraph (1) of Article 3 home providers such as virtual mobile network operators and resellers may purchase wholesale roaming services from operators of home networks who obtain and resell wholesale roaming services from an operator of a visited network in accordance with paragraph (1) of Article 6. In this case, the average wholesale charge that the operator may levy shall allow for an additional charge of no more than EUR 0,20/min to cover the reasonable costs of the home provider.
Amendment 159 #
Proposal for a regulation Article 4 – paragraph 2 2. With effect from 1 July 2014, home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider.
Amendment 159 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,
Amendment 160 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider, or between alternative roaming providers, shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within
Amendment 160 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as
Amendment 161 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to
Amendment 161 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,
Amendment 162 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within five working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than
Amendment 162 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,
Amendment 163 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider, or between alternative roaming providers, shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within
Amendment 163 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,0
Amendment 164 #
Proposal for a regulation Article 4 – paragraph 4 4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within five working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding
Amendment 164 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,
Amendment 165 #
Proposal for a regulation Article 4 – paragraph 5 5. At the time of making or renewing a contract on mobile communication services,
Amendment 165 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred
Amendment 166 #
Proposal for a regulation Article 4 – paragraph 6 6. The
Amendment 166 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10, EUR 0,07 and EUR 0,06 on 1 July 2013, on 1 July 201
Amendment 167 #
Proposal for a regulation Article 4 – paragraph 6 a (new) 6 a. When a customer is offered by his home provider roaming tariffs close enough to the tariffs for domestic voice, SMS and data services he benefits from, the obligation for this operator to enable its customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to what are roaming tariffs close to domestic tariffs.
Amendment 167 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 2 The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the Union by the relevant operator over the relevant period, aggregated on a per second basis
Amendment 168 #
Proposal for a regulation Article 4 – paragraph 6 a (new) 6a. If the customer has subscribed for local data roaming services with an alternative roaming provider in accordance with paragraph 1, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services.
Amendment 168 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,
Amendment 169 #
Proposal for a regulation Article 4 – paragraph 6 a (new) 6a. If a customer accepts an offer by his domestic operator where roaming tariffs are practically equivalent to his domestic tariffs for voice, data and SMS services, the obligations imposed to the operator to enable its customer to access voice, SMS and data roaming services of any alternative roaming operator who has been granted access in order to provide separate roaming services, as provided in article 5, as described in paragraphs 1 to 6 above, shall not apply. After public consultation BEREC, in close co- operation with the Commission, shall lay down within three months after the adoption of this Regulation, guidelines with regard to the conditions that roaming tariffs must meet in order to be considered "practically equivalent". The Commission, taking into outmost account of the guidelines established by BEREC and after consulting the relevant National Regulatory Authorities, shall without delay decide if each operator's "practically equivalent" exception clause applies. BEREC shall monitor that all operators that decide to implement this exception clause continuously comply with the established guidelines.
Amendment 169 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,
Amendment 170 #
Proposal for a regulation Article 4 – paragraph 6 a (new) 6a. The obligations provided for in paragraphs 1 to 6 above and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 170 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,13
Amendment 171 #
Proposal for a regulation Article 4 – paragraph 6 a (new) Amendment 171 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not
Amendment 172 #
Proposal for a regulation Article 4 – paragraph 6 a (new) 6a. The obligations related to voice and sms roaming provided for in paragraphs 1 to 6 above and Article 5 shall not apply to home providers who offer to all of their subscribers voice and sms roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. If an operator opts for voluntary reduction, it would have to apply to all of its tariff plans. BEREC in close co- operation with the Commission, shall lay down, within 3 months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 172 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,3
Amendment 173 #
Proposal for a regulation Article 4 – paragraph 6 b (new) 6b. When a customer is offered by his home provider roaming tariffs significantly close to the tariffs for domestic voice, SMS and data services, the obligation for this operator to enable its customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply.
Amendment 173 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,
Amendment 174 #
Proposal for a regulation Article 4 – paragraph 6 b (new) 6b. Providers of domestic mobile communication services shall not prevent their customers from temporarily access local data services of any alternative provider of local mobile data roaming services.
Amendment 174 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy
Amendment 175 #
Proposal for a regulation Article 4 – paragraph 6 c (new) 6c. The home operator shall continue to provide voice and sms roaming while the costumer is temporarily using local data services with the same technical characteristics as when the customer is using data roaming services provided by the provider of domestic mobile communications services. No extra charge shall be levied on any consumer who chooses to temporarily access local data services of any alternative provider.
Amendment 175 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,
Amendment 176 #
Proposal for a regulation Article 4 – paragraph 6 c (new) 6c. The maximum difference operators may apply between domestic and roaming tariffs in order to comply with the above paragraph 6 b should be set by the Commission through delegated acts on basis of the opinion of BEREC, after consulting stakeholders and within a reasonable period of time not exceeding three months after the adoption of this Regulation. When all roaming offers of an operator meet the conditions provided for in this paragraph, paragraphs 1 to 6 above and Article 5 shall not apply.
Amendment 176 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,2
Amendment 177 #
Proposal for a regulation Article 4 – paragraph 6 d (new) 6d. Operators shall by 1 July 2014 make sure that facilities are in place for customers to temporarily access local data roaming services of any provider while keeping their mobile number.
Amendment 177 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,
Amendment 178 #
Proposal for a regulation Article 4 – paragraph 6 e (new) 6e. The providers of local data roaming services in the visiting country shall not discriminate roaming customers but offer data services at similar terms and conditions that are being offered to domestic customers.
Amendment 178 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,
Amendment 179 #
Proposal for a regulation Article 4 a (new) Article 4 a Temporary access to local data roaming services 1. Providers of domestic mobile communications services shall not prevent their customers from temporarily accessing local data roaming services of any provider of local mobile data roaming services without unsubscribing from their existing data roaming contract or arrangement. 2. Paragraph 1 shall not apply if a customer has opted for a contract with an alternative roaming provider pursuant to Article 4. 3. While the customer is temporarily using local data roaming services, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services. 4. The customer's choice to temporarily access local data roaming services of any provider of local data roaming services shall not entail any associated subscription or other fixed or recurring charges by the home provider and shall be possible with any retail tariff plan. 5. Any temporary switch to a provider of local data roaming services instead of data roaming services by the provider of domestic mobile communications services and any switch back to the provider of domestic mobile communications services shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription, and shall be carried out without delay.
Amendment 179 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2
Amendment 180 #
Proposal for a regulation Article 4 a (new) Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2014, the retail price caps as prescribed by Articles 7, 9 and 12 shall have effect.
Amendment 180 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 Amendment 181 #
Proposal for a regulation Article 5 Amendment 181 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 Amendment 182 #
Proposal for a regulation Article 5 – paragraph 1 In order to ensure the development of the single market for telecommunications, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union.
Amendment 182 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 Amendment 183 #
Proposal for a regulation Article 5 – paragraph 1 Amendment 183 #
Proposal for a regulation Article 7 – paragraph 5 5. Any roaming customer may request to switch to or from a Eurotariff. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription, save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service (namely, voice, SMS and/or data) wishes to switch to a Eurotariff, the home provider may require the switching customer to forego the benefits of the other elements of that package. A home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding t
Amendment 184 #
Proposal for a regulation Article 5 – paragraph 1 In order to ensure the development of the single market, implementation of the technical solutions for the facility of separate sale of roaming services and for enabling access to local data roaming services must be cost effective and shall take place simultaneously across the Union.
Amendment 184 #
Proposal for a regulation Article 7 – paragraph 5 a (new) 5a. Home providers shall not disable, disallow or otherwise hamper active or passive calling when roaming for new customers or existing Eurotariff customers unless these customers specifically request so or have exceeded a cut-off limit.
Amendment 185 #
Proposal for a regulation Article 5 – paragraph 1 In order to ensure the development of the
Amendment 185 #
Proposal for a regulation Article 8 – paragraph 1 1. With effect from 1 July 2012, the average wholesale charge that the operator of a visited network may levy from the customer's home provider, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message
Amendment 186 #
Proposal for a regulation Article 5 – paragraph 2 For the purpose of separate sale of roaming services, operators shall make sure that facilities meeting the requirements of paragraph 1 are in place by 1
Amendment 186 #
Proposal for a regulation Article 8 – paragraph 1 1. With effect from 1 July 2012, the average wholesale charge that the operator of a visited network may levy from the customer's home provider, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message
Amendment 187 #
Proposal for a regulation Article 5 – paragraph 2 For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of
Amendment 187 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. In accordance with paragraph (1) of Article 3 home providers such as virtual mobile network operators and resellers may purchase wholesale roaming services from operators of home networks who obtain and resell wholesale roaming services from an operator of a visited network pursuant to paragraph (1) of Article 8. In this case, the average wholesale charge that the operator may levy shall allow for an additional charge of no more than EUR 0,050 per SMS message to cover the reasonable costs of the home operator.
Amendment 188 #
Proposal for a regulation Article 5 – paragraph 2 1. For the purpose of separate sale of roaming services in accordance with Article 4, operators shall make sure that facilities are in place by 1 Ju
Amendment 188 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer
Amendment 189 #
Proposal for a regulation Article 5 – paragraph 2 For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number.
Amendment 189 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail
Amendment 190 #
Proposal for a regulation Article 5 – paragraph 2 For the purpose of separate sale of roaming services, operators shall make sure that facilities meeting the requirements set out in paragraph 1 are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number.
Amendment 190 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,
Amendment 191 #
Proposal for a regulation Article 5 – paragraph 2 For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1
Amendment 191 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,
Amendment 192 #
Proposal for a regulation Article 5 – paragraph 2 For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of
Amendment 192 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,
Amendment 193 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2. The provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to its customers using local data roaming services of the alternative roaming provider.
Amendment 193 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer
Amendment 194 #
Proposal for a regulation Article 5 – paragraph 2 b (new) 3. For the purpose of enabling temporary access to local data roaming services in accordance with Article 4a, operators shall make sure that facilities are in place by 1 June 2014 at the latest, to ensure that their customers can temporarily access local data roaming services of any provider of such services while keeping their mobile number and while using the same terminal. Pricing for user authentication services shall be free of charge and pricing for additional support services related to the provision of these facilities shall be cost-orientated and there shall be no direct charges to consumers for the use of this facility.
Amendment 194 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed
Amendment 195 #
Proposal for a regulation Article 5 – paragraph 2 c (new) 4. If the provider of domestic mobile communications services is offering roaming services in the country of a provider of local data roaming services, the provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to the customers of the provider of local data roaming services in the visited country.
Amendment 195 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,
Amendment 196 #
Proposal for a regulation Article 5 – paragraph 2 d (new) 5. In order to ensure the development of the single market, the implementation of the facilities referred to in Paragraphs 1 and 3, through one or more technical solutions, shall take place in a harmonised way across the Union and shall meet the following essential requirements: – consumer friendliness, in particular allowing consumers to easily and quickly switch to an alternative roaming provider while keeping their existing mobile phone number; – ability to serve different categories of consumer demand on competitive terms, including intensive users of data services; – ability to effectively foster competition, taking also into account the scope for operators to exploit their infrastructure assets or commercial arrangements; – cost-effectiveness, taking into account the division of costs between the providers of domestic mobile communications services and the alternative roaming providers; – ability to give effect to the obligation to enable consumers to select an alternative roaming provider within the time limit laid down in paragraph 1.
Amendment 196 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall
Amendment 197 #
Proposal for a regulation Article 5 – paragraph 3 6. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation,
Amendment 197 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer
Amendment 198 #
Proposal for a regulation Article 5 – paragraph 3 BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services, and relating to the facility for enabling access to local data roaming service. Upon a reasoned request from the BEREC, the Commission may extend that period.
Amendment 198 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer
Amendment 199 #
Proposal for a regulation Article 5 – paragraph 3 BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services. The harmonised technical solutions shall meet the requirements set out in paragraph 1. Upon a reasoned request from the BEREC, the Commission may extend that period.
Amendment 199 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10. With effect from 1 July 2014, that charge may not exceed EUR 0,06. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,
Amendment 200 #
Proposal for a regulation Article 5 – paragraph 3 BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to a harmonised
Amendment 200 #
Proposal for a regulation Article 9 – paragraph 6 6. Any roaming customer may request to switch to or from a Euro-SMS tariff at any time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding t
Amendment 201 #
Proposal for a regulation Article 5 – paragraph 4 If necessary, the Commission
Amendment 201 #
Proposal for a regulation Article 9 – paragraph 6 a (new) 6a. Home providers shall not disable, disallow or otherwise hamper the sending or receiving of SMS when roaming for new customers or existing Eurotariff customers unless these customers specifically request so or have exceeded a cut-off limit.
Amendment 202 #
Proposal for a regulation Article 5 – paragraph 4 a (new) Where access is refused, the aggrieved party may submit the case to the dispute resolutions procedure referred to in Articles 20 and 21 of Directive 2002/21/EC. When settling such a dispute, national regulatory authorities shall take the utmost account of BEREC guidelines, as provided for in Article 3 of Regulation 1211/2009 and, if applicable, implementing acts.
Amendment 202 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,
Amendment 203 #
Proposal for a regulation Article 5 – paragraph 4 b (new) When all the offers of an operator meet the conditions set up in article 4(6a), requests brought to this operator by other operators for access to, and use of, corresponding specific network elements and associated facilities for the purpose of separate sale of roaming services, as described in paragraphs 1 to 6 of Article 4 , may be turned down.
Amendment 203 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 10
Amendment 204 #
Proposal for a regulation Article 5 – paragraph 4 c (new) For the purposes of ensuring the uniform implementation of paragraph 3, the Commission, taking utmost account of the guidelines of BEREC, may adopt implementing acts to further harmonize practical modalities allowing the separate sale of roaming services. These possible implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5a(2).
Amendment 204 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 20
Amendment 205 #
Proposal for a regulation Article 5 – paragraph 4 d (new) The Commission shall be assisted by the Communications Committee established by Article 22 of Directive 2002/21/EC. That committee shall be a committee within the meaning of Regulation 182/2011. Where reference is made to this paragraph, Article 5 of Regulation 182/2011 shall apply.
Amendment 205 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,
Amendment 206 #
Proposal for a regulation Article 5 a (new) Article 5 a When all the offers of an operator meet the conditions set up in article 4(6a), requests brought to this operator by other operators for access to, and use of, corresponding specific network elements and associated facilities for the purpose of separate sale of roaming services, as described in paragraphs 1 to 6 of Article 4, may be turned down.
Amendment 206 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,23
Amendment 207 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 207 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a
Amendment 208 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 208 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,
Amendment 209 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 209 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,23
Amendment 210 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 210 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,03
Amendment 211 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 211 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. Pursuant to Article 3 paragraph 1, home providers such as virtual mobile network operators and resellers may purchase wholesale roaming services from operators of home networks who obtain and resell wholesale roaming services from an operator of a visited network pursuant to paragraph 1 above. In this case, the average wholesale charge that the operator may levy shall allow for an additional charge of no more than EUR 0,30 per megabyte as of 1 July 2012, EUR 0,20 per megabyte as of 1 July 2013 and EUR 0,10 per megabyte as of 1 July 2014 to cover the reasonable costs of the home operator.
Amendment 212 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 212 #
Proposal for a regulation Article 11 – paragraph 3 3. The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each provider of roaming services for the provision of regulated data roaming services in the relevant period by the total number of
Amendment 213 #
Proposal for a regulation Article 6 – paragraph 1 1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,1
Amendment 213 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 214 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 214 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 215 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,
Amendment 215 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 216 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred
Amendment 216 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR
Amendment 217 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,
Amendment 217 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 50
Amendment 218 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,0
Amendment 218 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy
Amendment 219 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such
Amendment 219 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 220 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,0
Amendment 220 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 221 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,06 , on 1 July 2013 and on 1 July 2014 respectively.
Amendment 221 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 222 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,
Amendment 222 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 223 #
Proposal for a regulation Article 6 – paragraph 2 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,
Amendment 223 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 224 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 2 The average wholesale charge referred to in paragraph 1 shall be calculated by
Amendment 224 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,90 per megabyte. The price ceiling for data used shall decrease to EUR 0,70 and EUR 0,
Amendment 225 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 2 The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the Union by the relevant operator over the relevant period, aggregated on a per second basis
Amendment 225 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 226 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 1. Home providers shall not discriminate by substantially higher marginals and higher prices for roaming customers compared to domestic customers, and make available and actively offer to all their roaming customers, clearly and transparently, a Eurotariff as provided for in paragraph 2. This Eurotariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff.
Amendment 226 #
Proposal for a regulation Article 12 – paragraph 5 5. Any roaming customer may request to switch to or from a Euro-data tariff respecting their contractual conditions at any point in time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding t
Amendment 227 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,
Amendment 227 #
Proposal for a regulation Article 12 – paragraph 6 6. No later than 30 June 2012, home providers shall inform all their roaming customers individually, and in a durable media format, about the Euro-data tariff, that it will apply from 1 July 2012 at the latest to all roaming customers who have not made a deliberate choice of a special tariff or package applicable to regulated data services, and about their right to switch to and from it in accordance with paragraph 5.
Amendment 228 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,
Amendment 228 #
Proposal for a regulation Article 13 Amendment 229 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,3
Amendment 229 #
Proposal for a regulation Article 13 Amendment 230 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Amendment 230 #
Proposal for a regulation Article 13 – paragraph 2 2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to
Amendment 231 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,
Amendment 231 #
Proposal for a regulation Article 13 – paragraph 3 3. If, following the implementation of the separate sale of roaming services referred to in Article 5
Amendment 232 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,3
Amendment 232 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a
Amendment 233 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,3
Amendment 233 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State or a third country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member State or third country.
Amendment 234 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,3
Amendment 234 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State or a third country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by
Amendment 235 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,
Amendment 235 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer is at least 18 years old and has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a
Amendment 236 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Amendment 236 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer is at least 18 years old and has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a
Amendment 237 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,
Amendment 237 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a
Amendment 238 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012
Amendment 238 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – introductory part This basic personalised pricing information shall be sent to the customer when roaming outside as well as within the European Union and shall include the maximum charges the customer may be subject to under his tariff scheme for:
Amendment 239 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012. The price
Amendment 239 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – introductory part This basic personalised pricing information shall include the
Amendment 240 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 Amendment 240 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – point b (b) sending regulated roaming SMS messages while in the visited
Amendment 241 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 Amendment 241 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – point b (b) sending regulated roaming SMS messages while in the visited Member State or third country.
Amendment 242 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 Home providers shall apply a Eurotariff to all existing roaming customers automatically
Amendment 242 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – point b (b) sending regulated roaming SMS messages while in the visited
Amendment 243 #
Proposal for a regulation Article 7 – paragraph 5 5. Any roaming customer may request to switch to or from a Eurotariff. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription, save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service (namely, voice, SMS and/or data) wishes to switch to a Eurotariff, the home provider may require the switching customer to forego the benefits of the other elements of that package. A home provider may delay a switch until the previous roaming tariff has
Amendment 243 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – point b (b) sending regulated roaming SMS messages while in the visited
Amendment 244 #
Proposal for a regulation Article 7 – paragraph 5 5. Any roaming customer may request to switch to or from a Eurotariff. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription, save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service (namely, voice, SMS and/or data) wishes to switch to a Eurotariff, the home provider may require the switching customer to forego the benefits of the other elements of that package. A home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding
Amendment 244 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – point b (b) sending
Amendment 245 #
Proposal for a regulation Article 7 – paragraph 5 a (new) 5 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for calls where consumers pay a standard rate independent of the nationality of the available network. Transitional tariffs for calls shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.
Amendment 245 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – point b (b) sending
Amendment 246 #
Proposal for a regulation Article 7 – paragraph 5 a (new) (5a) Home operators may only restrict roaming calls when a customer expressly demands this or when a specified bill limit has been reached.
Amendment 246 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – point b a (new) (ba) using regulated data connection services while in the visited Member State or third country, expressed in price per megabyte.
Amendment 247 #
Proposal for a regulation Article 8 – paragraph 1 1. With effect from 1 July 2012 , the average wholesale charge that the operator of a visited network may levy from the customer's home provider , for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message. The maximum average wholesale charge for the provision of a regulated roaming SMS message shall
Amendment 247 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 4 On the occasion of each message, a customer who is at least 18 years old shall have the opportunity to give notice to home provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 248 #
Proposal for a regulation Article 8 – paragraph 1 1. 1. With effect from 1 July 2012
Amendment 248 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 4 On the occasion of each message, a customer who is at least 18 shall have the opportunity to give notice to home provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 249 #
Proposal for a regulation Article 8 – paragraph 1 1. With effect from 1 July 2012 , the average wholesale charge that the operator of a visited network may levy from the customer's home provider , for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,0
Amendment 249 #
Proposal for a regulation Article 14 – paragraph 2 2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, and irrespective of their location
Amendment 250 #
Proposal for a regulation Article 8 – paragraph 1 1. With effect from 1 July 2012
Amendment 250 #
Proposal for a regulation Article 14 – paragraph 2 2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, and irrespective of their location
Amendment 251 #
Proposal for a regulation Article 9 – paragraph 1 1. Home providers shall not discriminate by substantially higher marginals and higher prices for roaming customers compared to domestic customers, and shall make available to all their roaming customers, clearly and transparently, a Euro-SMS tariff as provided for in paragraph 2. The Euro-
Amendment 251 #
Proposal for a regulation Article 14 – paragraph 2 a (new) Amendment 252 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012
Amendment 252 #
Proposal for a regulation Article 14 – paragraph 3 a (new) Amendment 253 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012
Amendment 253 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3.
Amendment 254 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012
Amendment 254 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial
Amendment 255 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,
Amendment 255 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of
Amendment 256 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer
Amendment 256 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to
Amendment 257 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer
Amendment 257 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which
Amendment 258 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012
Amendment 258 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers, except where they have concluded a pre-paid agreement with automatic credit increase.
Amendment 259 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012
Amendment 259 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers, except where they have concluded a pre-paid agreement with automatic credit increase.
Amendment 260 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 260 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on
Amendment 261 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012
Amendment 261 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 2 Amendment 262 #
Proposal for a regulation Article 9 – paragraph 2 2. With effect from 1 July 2012
Amendment 262 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 2 Where appropriate, home providers shall inform their customers, before the conclusion of a contract and on a regular
Amendment 263 #
Proposal for a regulation Article 9 – paragraph 3 a (new) (3a) By 30 June 2012, providers shall set the performance criteria for the provision of roaming SMS messaging services which they publicise. The performance criteria shall be included in any offers and in the invoices of roaming customers. Under no circumstances may a roaming SMS message reach the recipient later than five minutes after it is been sent. Providers in the country of origin shall not perceive any fee from their roaming customers for roaming SMS messages which reach the recipient later than five minutes after having been sent.
Amendment 263 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the
Amendment 264 #
Proposal for a regulation Article 9 – paragraph 5 5. Home providers shall apply a Euro-SMS tariff to all new roaming customers who do not make a deliberate choice to select an offer that fulfils the conditions of art. 4(6a) or a different roaming SMS tariff or a tariff
Amendment 264 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State or third country concerned, except where the customer has notified his home provider that he does not require this information.
Amendment 265 #
Proposal for a regulation Article 9 – paragraph 6 6. Any roaming customer may request to switch to or from a Euro-SMS tariff at any time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding
Amendment 265 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State or third country concerned, except where the customer has notified his home provider that he does not require this information.
Amendment 266 #
Proposal for a regulation Article 9 – paragraph 6 a (new) 6 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for SMS services where consumers pay a standard rate independent of the nationality of the available network. Transitional SMS tariffs shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.
Amendment 266 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the
Amendment 267 #
Proposal for a regulation Article 9 – paragraph 6 a (new) (6a) Home operators may only restrict SMS roaming messages when a customer expressly demands this or when a specified bill limit has been reached.
Amendment 267 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of
Amendment 268 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,
Amendment 268 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of
Amendment 269 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 10
Amendment 269 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a
Amendment 270 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's
Amendment 270 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member State or third country. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 271 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 271 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular
Amendment 272 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,23
Amendment 272 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a
Amendment 273 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,
Amendment 273 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a
Amendment 274 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,23
Amendment 274 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a
Amendment 275 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a
Amendment 275 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer’s mobile telephone or other device, for example by an SMS message
Amendment 276 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,23
Amendment 276 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 1 Each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated calls, SMS and data roaming services and which guarantees that, without the customer's explicit consent, the accumulated expenditure for regulated roaming calls, SMS and data roaming services over a specified period of use does not exceed a specified financial limit.
Amendment 277 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,
Amendment 277 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 1 Each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for
Amendment 278 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of
Amendment 278 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 2 To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer who is at least 18 years old is informed in advance of the corresponding volume amounts. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT).
Amendment 279 #
Proposal for a regulation Article 11 – paragraph 1 1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,
Amendment 279 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 2 To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer who is at least 18 years old is informed in advance of the corresponding volume amounts. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT). For customers younger than 18 years the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT).
Amendment 280 #
Proposal for a regulation Article 11 – paragraph 3 3. The average wholesale charge referred to in paragraph 1 shall be calculated by
Amendment 280 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 3 Alternatively, the home provider may establish limits expressed in volume, provided that the customer who is at least 18 years old is informed in advance of the corresponding financial amounts. One of these limits (the default volume limit) shall have a corresponding financial amount not exceeding EUR 50 of outstanding charges per monthly billing
Amendment 281 #
Proposal for a regulation Article 11 a (new) Article 11 a Calculation of data volume in the area of the average wholesale charge The data volume in the area of the average wholesale charge that the operator of a visited network levies from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall be calculated in terabytes.
Amendment 281 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 3 Alternatively, the home provider may establish limits expressed in volume, provided that the customer who is at least 18 years old is informed in advance of the corresponding financial amounts. One of these limits (the default volume limit) shall have a corresponding financial amount not exceeding EUR 50 of outstanding charges per monthly billing period (excluding VAT). For customers younger than 18 years old the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT).
Amendment 282 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 1. Roaming providers shall not discriminate by substantially higher marginals and higher prices for roaming customers compared to domestic customers, and shall make available to all their roaming customers, clearly and transparently, a Euro-data tariff as provided for in paragraph 2. This Euro-data tariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff.
Amendment 282 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 6 Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when
Amendment 283 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 1. Roaming providers shall make available to all their roaming customers, clearly and transparently, a Euro-data tariff as provided for in paragraph 2. This Euro-data tariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff. The Euro-data tariff shall encompass the concept of net neutrality in respect for all data use, in particular access to VOIP and other similar services.
Amendment 283 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 6 Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 80
Amendment 284 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 284 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 6 Each home provider shall also ensure that
Amendment 285 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 285 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 6 Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 50% as well as 80
Amendment 286 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed
Amendment 286 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 6 Each home provider shall also ensure that an appropriate notification is sent to the roaming customer’s mobile telephone or other device, for example by an SMS message
Amendment 287 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 287 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 7 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 calls, SMS and data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services.
Amendment 288 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 288 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 8 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. This rule shall apply to customer roaming within the Union as well as outside of the Union.
Amendment 289 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail
Amendment 289 #
Proposal for a regulation Article 15 – paragraph 3 a (new) 3a. Paragraph 3 shall apply to customers roaming outside as well as within the territory of the European Union.
Amendment 290 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 290 #
Proposal for a regulation Article 15 a (new) Article 15 a Price comparison Any price information about retail voice, SMS and data roaming services to customers shall include VAT. The Commission shall investigate transparency and comparability of different tariffs proposed by operators to their customers, and report back to the European Parliament and the Council on further measures necessary to ensure that consumers can easily compare these tariffs, and thus make it easier to take a decision to switch from one operator to another.
Amendment 291 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 291 #
Proposal for a regulation Article 18 – paragraph 1 Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Those penalties shall include an obligation of providers to provide a compensation to subscribers when they delay or hinder a subscriber's switch to an alternative roaming provider. Member States shall notify those provisions to the Commission no later than 30 March 2012 and shall notify it
Amendment 292 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 292 #
Proposal for a regulation Article 19 – paragraph 1 – introductory part 1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 201
Amendment 293 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 10
Amendment 293 #
Proposal for a regulation Article 19 – paragraph 1 – introductory part 1.
Amendment 294 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 294 #
Proposal for a regulation Article 19 – paragraph 1 – introductory part 1.
Amendment 295 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR
Amendment 295 #
Proposal for a regulation Article 19 – paragraph 1 – introductory part 1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 201
Amendment 296 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy
Amendment 296 #
Proposal for a regulation Article 19 – paragraph 1 – indent 1 Amendment 297 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,90 per megabyte. The price ceiling for data used shall decrease to EUR 0,70 and EUR 0,
Amendment 297 #
Proposal for a regulation Article 19 – paragraph 1 – indent 2 Amendment 298 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,
Amendment 298 #
Proposal for a regulation Article 19 – paragraph 1 – indent 3 Amendment 299 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 2 Every roaming provider shall charge its roaming customers for the provision of any
Amendment 299 #
Proposal for a regulation Article 19 – paragraph 1 – indent 4 Amendment 30 #
Proposal for a regulation Recital 1 a (new) (1a) A Single Market for telecommunications cannot be said to exist while significant price differences exist between domestic and roaming prices; therefore the ultimate aim of this Regulation should be to eliminate roaming charges altogether, thus establishing a pan-EU mobile communications market.
Amendment 300 #
Proposal for a regulation Article 12 – paragraph 4 4. From 1 July 2012 home providers shall apply a Euro-data tariff to all new roaming customers who do not make a deliberate choice to select an offer that meets the conditions of article 4(6a) or a different roaming data tariff or a tariff package for roaming services which includes a different tariff for regulated roaming data services.
Amendment 300 #
Proposal for a regulation Article 19 – paragraph 1 – indent 5 Amendment 301 #
Proposal for a regulation Article 12 – paragraph 5 5. Any roaming customer may request to switch to or from a Euro-data tariff respecting their contractual conditions at any point in time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified
Amendment 301 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 302 #
Proposal for a regulation Article 12 – paragraph 6 a (new) 6 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for data communication services where consumers pay a standard rate independent of the nationality of the available network. Transitional data communication tariffs shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.
Amendment 302 #
Proposal for a regulation Article 19 – paragraph 2 2.
Amendment 303 #
Proposal for a regulation Article 12 a (new) Article 12 a Calculation of data volume in the area of the average retail charge The data volume in the area of the average retail charge under a Euro-data tariff which a home provider levies from its roaming customer for the provision of a regulated roaming data services shall be calculated in gigabytes.
Amendment 303 #
Proposal for a regulation Article 22 – paragraph 2 It shall expire on 30 June
Amendment 304 #
Proposal for a regulation Article 12 a (new) Article 12 a Single Tariff With effect from 1 July 2015, in addition to their existing tariffs, providers who offer both national and roaming communications shall make available and publicise to all their customers a single tariff for calls, SMS and data use, which shall offer identical prices, irrespective of whether the consumer is roaming or not. The single tariff shall not exceed the price limits set out in Articles 7(2), 9(2) and 12(2).
Amendment 305 #
Proposal for a regulation Article 13 Amendment 306 #
Proposal for a regulation Article 13 – paragraph 2 2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to
Amendment 307 #
Proposal for a regulation Article 13 – paragraph 2 2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to 75% or less of the maximum wholesale charges provided for in Articles 6(2), 8(1) and 11(1) in at least 75% of the Member States, the maximum wholesale charges for the roaming service concerned shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum wholesale charges no longer apply for the service concerned.
Amendment 308 #
Proposal for a regulation Article 13 – paragraph 2 Amendment 309 #
Proposal for a regulation Article 13 – paragraph 3 3. If, following the implementation of the separate sale of roaming services referred to in Article 5
Amendment 31 #
Proposal for a regulation Recital 1 a (new) (1a) A Single Market for telecommunications cannot be said to exist while significant price differences exist between domestic and roaming prices; therefore the ultimate aim of this Regulation should be to eliminate roaming charges altogether, thus establishing a pan-EU mobile communications market.
Amendment 310 #
Proposal for a regulation Article 13 – paragraph 3 3.
Amendment 311 #
Proposal for a regulation Article 13 – paragraph 3 Amendment 312 #
Proposal for a regulation Article 13 – paragraph 4 4. The relevant maximum charges sh
Amendment 313 #
Proposal for a regulation Article 14 – title Transparency of retail charges for
Amendment 314 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 1. To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a
Amendment 315 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 1. To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State or a third country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT)
Amendment 316 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 1. To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer is at least 18 years old and has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a
Amendment 317 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – point b (b) sending regulated roaming SMS messages while in the visited
Amendment 318 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 – point b (b) sending
Amendment 319 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 4 On the occasion of each message, a customer who is at least 18 years old shall have the opportunity to give notice to home provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 32 #
Proposal for a regulation Recital 1 b (new) (1b) The objective of reducing the difference between national and roaming tariffs so as to approach zero by 2015 was proposed by the Commission in the Benchworking Framework 2011-2015 and subsequently endorsed by the Member States in November 20091. That objective is also included in the Commission Communication entitled "A Digital Agenda for Europe"2. __________________ 1 http://ec.europa.eu/information_society/ee urope/i2010/docs/benchmarking/benchma rking_digital_europe_2011-2015.pdf 2 COM (2010)0245.
Amendment 320 #
Proposal for a regulation Article 14 – paragraph 2 2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, and irrespective of their location
Amendment 321 #
Proposal for a regulation Article 14 – paragraph 2 2. In addition to paragraph 1, customers shall
Amendment 322 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 1 a (new) Home providers shall provide all users with full information on how to avoid inadvertent roaming charges.
Amendment 323 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 Home providers shall
Amendment 324 #
Proposal for a regulation Article 14 – paragraph 3 a (new) Amendment 325 #
Proposal for a regulation Article 14 – paragraph 3 a (new) (3a) Home operators shall grant their customers, free of charge, the option of consulting the extent of their usage of roaming calls and SMS roaming messages, in terms both of number and of charges incurred. This information shall be updated at least daily.
Amendment 326 #
Proposal for a regulation Article 14 a (new) Article 14 a After an SMS is sent in the area of another Member State, in the event of defective transmission the provider shall notify the customer immediately by SMS.
Amendment 327 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 1. Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers, save where they have concluded a pre-paid agreement with automatic credit increase.
Amendment 328 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 1. Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of
Amendment 329 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 2 Where appropriate, home providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, home providers shall explain 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 and inadvertent roaming in border regions.
Amendment 33 #
Proposal for a regulation Recital 1 b (new) (1b) Higher domestic tariffs on calls, SMS and data's (including those bound for other countries than the domestic country) comparing to roaming tariffs are not beneficial to the consumer and create a market distortion; from 2012, domestic tariffs should hence not exceed the retail price caps defined for the roaming tariffs.
Amendment 330 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 2 Amendment 331 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 2 Amendment 332 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 2. An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State or third country concerned, except where the customer has notified his home provider that he does not require this information.
Amendment 333 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 2. An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the
Amendment 334 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 2. An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of
Amendment 335 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a
Amendment 336 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member State or third country. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 337 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Such basic personalised tariff information
Amendment 338 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 1 3. Each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for
Amendment 339 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 2 To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer who is at least 18 years old is informed in advance of the corresponding volume amounts. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT). For customers younger than 18 years the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT).
Amendment 34 #
Proposal for a regulation Recital 1 c (new) (1c) To achieve a single telecoms market, each linked telecom company belonging to the same group should be encouraged to couple their national licenses under the umbrella of one single European operator; in the future, existing telecommunication licences as well as new licenses for mobile network should cover the whole European territory and not only a single Member State.
Amendment 340 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 3 Alternatively, the home provider may establish limits expressed in volume, provided that the customer who is at least 18 years old is informed in advance of the corresponding financial amounts. One of these limits (the default volume limit) shall have a corresponding financial amount not exceeding EUR 50 of outstanding charges per monthly billing period (excluding VAT).
Amendment 341 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 6 Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 50% and 80 % of the agreed financial or volume limit. Customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 342 #
Proposal for a regulation Article 15 a (new) Article 15 a Price comparison Any price information about retail voice, SMS and data roaming services to customers shall include VAT. The Commission shall also investigate transparency and comparability of different tariffs proposed by operators to their customers, and report back to the European Parliament and the Council on further measures necessary to ensure that consumers can easily compare these tariffs, and thus make it easier to take a decision to switch from one operator to another.
Amendment 343 #
Proposal for a regulation Article 18 – paragraph 1 Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and
Amendment 344 #
Proposal for a regulation Article 19 – paragraph 1 – introductory part 1.
Amendment 345 #
Proposal for a regulation Article 19 – paragraph 1 – introductory part 1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 201
Amendment 346 #
Proposal for a regulation Article 19 – paragraph 1 – introductory part 1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 201
Amendment 347 #
Proposal for a regulation Article 19 – paragraph 1 – indent 1 – the developments in wholesale and retail
Amendment 348 #
Proposal for a regulation Article 19 – paragraph 1 – indent 1 Amendment 349 #
Proposal for a regulation Article 19 – paragraph 1 – indent 2 Amendment 350 #
Proposal for a regulation Article 19 – paragraph 1 – indent 3 Amendment 351 #
Proposal for a regulation Article 19 – paragraph 1 – indent 3 – the extent to which consumers have benefited
Amendment 352 #
Proposal for a regulation Article 19 – paragraph 1 – indent 4 Amendment 353 #
Proposal for a regulation Article 19 – paragraph 1 – indent 5 Amendment 354 #
Proposal for a regulation Article 19 – paragraph 1 – indent 5 – the extent to which the structural solutions foreseen in Articles 3 and 4 have produced results in developing competition in the roaming market so as to entail one single tariff.
Amendment 355 #
Proposal for a regulation Article 19 – paragraph 1 – indent 5 a (new) - The implementation of the structural solution by operators.
Amendment 356 #
Proposal for a regulation Article 19 – paragraph 1 – indent 5 b (new) - To what extent the clause established in article 4(6a) has facilitated the achievements of the objectives set in this Regulation.
Amendment 357 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 358 #
Proposal for a regulation Article 19 – paragraph 2 2. If the report shows that the structural measures provided for by the present Regulation are not sufficient to promote competition in the roaming market for the benefit of European consumers so as to entail one single tariff, the Commission shall make
Amendment 359 #
Proposal for a regulation Article 22 – paragraph 2 Amendment 36 #
Proposal for a regulation Recital 2 a (new) (2a) The lack of competition on the roaming market hinders developing Single Market for telecommunications.
Amendment 37 #
Proposal for a regulation Recital 2 b (new) (2b) The high level of roaming prices is a significant barrier for the citizens when it comes to studying or working in other country than their home Member State.
Amendment 38 #
Proposal for a regulation Recital 16 (16) Data on the development of prices for Union-wide voice, SMS and data roaming services since the entry into force of Regulation (EC) No 717/2007 and its amending Regulation (EC) No 544/2009, including in particular those collected by national regulatory authorities and reported on a quarterly basis through the medium of the BEREC, do not provide evidence to suggest that competition at the retail or wholesale levels has reasonably developed and is likely to be sustainable from June
Amendment 39 #
Proposal for a regulation Recital 16 (16) Data on the development of prices for Union-wide voice, SMS and data roaming services since the entry into force of Regulation (EC) No 717/2007 and its amending Regulation (EC) No 544/2009, including in particular those collected by national regulatory authorities and reported on a quarterly basis through the medium of the BEREC, do not provide evidence to suggest that competition at the retail or wholesale levels has reasonably developed and is likely to be sustainable from June 2012 onwards in the absence of regulatory measures. Such data indicates that retail and wholesale prices are still much higher than domestic prices and continue to cluster at or close to the limits set by Regulation (EC) No 717/2007 as amended by Regulation (EC) No 544/2009, with only limited competition below those limits.
Amendment 40 #
Proposal for a regulation Recital 17 (17) The expiry in June 2012 of the regulatory safeguards which apply to Union-wide roaming services at wholesale and retail levels by virtue of Regulation (EC) No 717/2009, as amended by Regulation (EC) No 544/2009, would therefore give rise to a significant risk that the underlying lack of competitive pressures in the roaming market and the incentive for mobile operators to maximise their roaming revenues would result in retail and wholesale prices for Union-wide roaming that do not constitute a reasonable reflection of the underlying costs involved in the provision of the service, thereby jeopardising the objectives of this Regulation. Regulatory intervention in the market for mobile roaming services should therefore be extended beyond 30 June 2012 in order to ensure
Amendment 41 #
Proposal for a regulation Recital 17 a (new) (17a) Protecting the principles of the neutrality and openness of the Internet and the end users’ ability to access and distribute information and run applications and services of their choice should become even more important as the Digital Single Market is created in particular through roaming.
Amendment 42 #
Proposal for a regulation Recital 18 (18) In order to allow for the development of a more efficient and competitive market for roaming services, there should be no restrictions that prevent undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. However, at present there are obstacles to the access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings. The removal of these obstacles would facilitate the development of alternative and innovative roaming services and offers for customers
Amendment 43 #
Proposal for a regulation Recital 19 (19) Therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services. Such requests should only be refused on the basis of objective and duly substantiated criteria, which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in Article 17. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and the relevant provisions of the Directive 2002/19/EC, which includes rules on non-discrimination and interoperability, and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between Member States.
Amendment 44 #
Proposal for a regulation Recital 21 (21) Mobile communications services are sold in bundles including both domestic and roaming services which limits customer choice for roaming services. Such bundles reduce transparency concerning roaming services, since it is difficult to compare individual items within the bundles. Consequently, competition among operators on the basis of the roaming element in the mobile bundle is not yet apparent.
Amendment 45 #
Proposal for a regulation Recital 22 Amendment 46 #
Proposal for a regulation Recital 22 (22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the Union. Consumers should be able to choose a different provider for roaming services without changing their number,
Amendment 47 #
Proposal for a regulation Recital 22 (22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package in the Union. Basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the Union. Consumers should be able to choose a different provider for roaming services without changing their number, and in a manner which ensures interoperability of services, with roaming services being provided anywhere in the Union and with the same level of quality.
Amendment 48 #
Proposal for a regulation Recital 22 (22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down with regard to the separate provision of
Amendment 49 #
Proposal for a regulation Recital 23 Amendment 50 #
Proposal for a regulation Recital 23 (23) Increased cooperation and coordination among mobile network operators should be established to technically enable the provision of separate roaming services and access to local data roaming services, and to ensure coordinated and sound technical evolution of the separate sale of roaming services in the Union. Therefore, guidelines detailing further the relevant basic principles and methodologies should be elaborated, in order to allow a rapid adaptation to changed circumstances and technological advancement. BEREC, in coordination with the Commission and in collaboration with the relevant stakeholders, should issue guidelines to develop the technical elements of a facility to enable the separate sale of roaming services and access to local data roaming services. The Commission could give a mandate to a European Standardisation Body for the amendment of the relevant standards that are necessary for the harmonised implementation of the facility.
Amendment 51 #
Proposal for a regulation Recital 24 a (new) (24a) Operators should be encouraged to reach the objectives of the Digital Agenda for Europe even faster. In particular, the objective of differences between national and roaming tariffs to approach zero by 2015 should be promoted. Therefore, as an incentive, operators who are ready to make roaming offers that are equal to or only insignificantly higher than their national tariffs should be exempted from the obligation to implement the structural measures as regards separate sale of roaming services. National telecommunication regulators should grant such exemptions under strict conditions and be also able to withdraw the exemption in case of non-compliance. This system would also allow for more innovative offers such as 'roam like at home' or monthly fee-based offers that would be more transparent to the consumers and would not require any action from the consumers' side.
Amendment 52 #
Proposal for a regulation Recital 25 (25) With regard to continuation of
Amendment 53 #
Proposal for a regulation Recital 26 (26)
Amendment 54 #
Proposal for a regulation Recital 27 (27) The transitory Eurotariff should
Amendment 55 #
Proposal for a regulation Recital 28 (28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should
Amendment 56 #
Proposal for a regulation Recital 32 (32) During the transitional period of safeguard caps, ending in 2015, during which roaming charges may temporarily be higher than domestic charges, all consumers should have the option of choosing without additional charges or preconditions a simple roaming tariff which will not exceed regulated rates. A reasonable margin between wholesale costs and retail prices should ensure that operators cover all their specific roaming costs at retail level including appropriate shares of marketing costs and handset subsidies and are left with an adequate residual to yield a reasonable return. A transitory Eurotariff is an appropriate means to provide both the consumer with protection and the operator with flexibility. In line with the wholesale level the maximum levels of the Eurotariff should decrease annually by a sufficient amount to bring them into line with domestic charges in 2015 .
Amendment 57 #
Proposal for a regulation Recital 33 (33) During the transitional period of safeguard caps, new roaming customers should be fully informed in a clear and understandable manner of the range of tariffs that exist for roaming within the Union, including the tariffs which are compliant with the transitory Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if, after having been reminded of their current tariff conditions, they fail to express a choice within the relevant time period. Such specific roaming tariffs or packages could include, for example, roaming flat-rates, non-public tariffs, tariffs with additional fixed roaming charges, tariffs with per-minute charges lower than the maximum Eurotariff or tariffs with set-up charges.
Amendment 58 #
Proposal for a regulation Recital 1 a (new) (1a) The objective of reducing the difference between national and roaming tariffs so as to approach zero by 2015 was proposed by the Commission in the Benchmarking Framework 2011- 2015 and subsequently endorsed by the EU Member States in November 20091. This target is also included in the Commission Communication "A Digital Agenda for Europe"2. __________________ 1 http://ec.europa.eu/information_society/ee urope/i2010/docs/benchmarking/benchma rking_digital_europe_2011-2015.pdf 2 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A Digital Agenda for Europe" (COM(2010) 245.
Amendment 58 #
Proposal for a regulation Recital 33 (33) During the transitional period of safeguard caps, new roaming customers should be fully informed of the range of tariffs that exist for roaming within the Union, including the tariffs which are compliant with the transitory Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if, after having been reminded of their current tariff conditions
Amendment 59 #
Proposal for a regulation Recital 1 a (new) Amendment 59 #
Proposal for a regulation Recital 34 (34) Since this Regulation provides that the Directives making up the 2002 regulatory framework for electronic communications are without prejudice to any specific measure adopted for the regulation of Union-wide roaming charges for mobile voice telephony calls, and since providers of Union-wide roaming services may be required by this Regulation to make changes to their retail roaming tariffs in order to comply with the requirements of this Regulation, such changes should not trigger for mobile customers any right under national laws transposing the 2002 regulatory framework for electronic communications to withdraw from their contracts. Similarly, the freedom to change roaming service providers is without prejudice to the rights and obligations applicable to national services pursuant to regulatory and contractual obligations
Amendment 60 #
Proposal for a regulation Recital 1 a (new) (1a) Regulation No 717/2007 should be temporary and only in place until the Commission proposes the necessary legislation to fully create an EU single market for public mobile communication networks and so eliminate in the medium term any roaming charges.
Amendment 60 #
Proposal for a regulation Recital 40 (40) A common set of rules regarding unitisation of Eurotariff bills at retail level should therefore be introduced in order to further strengthen the single market and provide throughout the Union
Amendment 61 #
Proposal for a regulation Recital 1 b (new) (1b) A single telecoms market cannot be said to exist while significant price differences exist between domestic and roaming prices; therefore the ultimate aim should be to eliminate roaming charges altogether, thus establishing a pan-EU mobile communications market.
Amendment 61 #
Proposal for a regulation Recital 41 (41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff
Amendment 62 #
Proposal for a regulation Recital 1 b (new) (1b) A single telecoms market cannot be said to exist while significant price differences exist between domestic and roaming prices; therefore the ultimate aim should be to eliminate roaming charges altogether, thus establishing a pan-EU mobile communications market.
Amendment 62 #
Proposal for a regulation Recital 41 (41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff
Amendment 63 #
Proposal for a regulation Recital 2 (2) The high level of voice, SMS and data roaming prices payable by users of public mobile telephone networks, such as students, business travellers and tourists, when using their mobile telephones when
Amendment 63 #
Proposal for a regulation Recital 41 (41) Providers of regulated roaming calls at
Amendment 64 #
Proposal for a regulation Recital 2 (2) The high level of voice, SMS and data roaming prices payable by users of public mobile telephone networks, such as students, business travellers and tourists, when using their mobile telephones and portable computational devices when travelling abroad within the Union is a matter of concern for consumers, national regulatory authorities, and the Union institutions. The excessive retail charges are resulting from high wholesale charges levied by the foreign host network operator and also, in many cases, from high retail mark-ups charged by the customer's own network operator. Reductions in wholesale charges are often not passed on to the retail customer. Although some operators have recently introduced tariff schemes that
Amendment 64 #
Proposal for a regulation Recital 41 (41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis, f
Amendment 65 #
Proposal for a regulation Recital 2 a (new) (2a) Roaming charges constitute a serious impediment to Europe's efforts to develop into a knowledge-based economy and the realisation of a single 500 million consumer market. The exponential growth in mobile data traffic must be facilitated by allocating sufficient radio spectrum in order for consumers and businesses to use voice, sms and data anywhere in Europe at prices close to domestic level.
Amendment 65 #
Proposal for a regulation Recital 42 a (new) (42a) Operators should take the appropriate measures to ensure that cross-border consumers do not face problems due to their cross-border location, such as roaming charges while they are still in their home country.
Amendment 66 #
Proposal for a regulation Recital 2 a (new) (2a) The widespread use of internet- enabled mobile telephones and tablets means that data roaming is of great economic significance in the medium term. This is a decisive criterion for both users and providers of applications and content. In order to stimulate the development of this market, charges for data transport should not act as a brake on growth.
Amendment 66 #
Proposal for a regulation Recital 46 (46) Until
Amendment 67 #
Proposal for a regulation Recital 2 b (new) (2b) Given the rapid development of mobile data traffic and the increasing amount of customers using voice, sms and data roaming abroad there is a need to increase the competitive pressure, to develop new business models and technologies, as well as increasing the amount of radio spectrum available for wireless services. The regulation of roaming prices must be designed in a way that does not disincentive competition to even lower price levels.
Amendment 67 #
Proposal for a regulation Recital 50 (50) Until
Amendment 68 #
Proposal for a regulation Recital 3 (3) The creation of a European social, educational
Amendment 68 #
Proposal for a regulation Recital 55 (55) Data collected by national regulatory authorities indicate that
Amendment 69 #
Proposal for a regulation Recital 14 (14) A common, harmonized approach should be employed for ensuring that users of terrestrial public mobile communication networks when travelling within the Union do not pay excessive prices for Union-wide roaming services when making or receiving voice calls, sending text messages or using the internet, thereby enhancing competition concerning roaming services between mobile operators, achieving a high level of consumer protection and preserving both incentives for innovation and consumer choice. In view of the cross-
Amendment 69 #
Proposal for a regulation Recital 55 (55) Data collected by national regulatory authorities indicate that high prices for average wholesale charges for data roaming services levied by visited network operators from roaming customers' home providers persist
Amendment 70 #
Proposal for a regulation Recital 14 (14) A common approach should be employed for ensuring that users of
Amendment 70 #
Proposal for a regulation Recital 57 (57) Providers of roaming services should not charge the roaming customer for any regulated data roaming service, unless and until the roaming customer accepts the provision of the service. Moreover, customers agreeing to the provision of such services should be made aware that smartphones may carry out roaming data transfers without their knowledge. They should be provided, free of charge, with details of how to prevent such transfers.
Amendment 71 #
Proposal for a regulation Recital 14 a (new) (14a) Customers living in border regions should not suffer from unnecessarily high phone bills due to inadvertent roaming charges. Measures should therefore be established creating a transitional zone in border areas where consumers pay a standard rate independent of the nationality of the network. These zones should be as broad as 10 kilometres on both sides of the borders.
Amendment 71 #
Proposal for a regulation Recital 59 (59) Similarly to the regulatory measures already in place for voice and SMS services, until the structural solution brings sufficient competition, the most effective and proportionate approach to regulating the level of prices for Union-wide roaming data services at the retail level for a transitional period is the introduction of a requirement for mobile operators to offer their roaming customers a transitory Euro- data tariff which does not exceed a specified maximum price limit. The Euro- data tariff should be set at a safeguard level which,
Amendment 72 #
Proposal for a regulation Recital 14 a (new) (14a) It is also vital to ensure that mobile operators do not make working conditions within the sector worse as a consequence of this regulation.
Amendment 72 #
Proposal for a regulation Recital 60 (60) The transitory Euro-data tariff that may be offered to roaming customers should therefore reflect a reasonable margin over the costs of providing a regulated data roaming service
Amendment 73 #
Proposal for a regulation Recital 14 a (new) (14a) The first multiannual Radio Spectrum Policy Programme established by [Decision No.../.../EU of the European Parliament and of the Council...] will pave the way for a development that will allow the Union to take the global lead on broadband speeds, mobility, coverage and capacity, facilitating the emergence of new business models and technologies, reducing the structural reasons for roaming.
Amendment 73 #
Proposal for a regulation Recital 64 (64) To ensure that all users of mobile voice telephony may benefit from the provisions of this Regulation, the transitory retail pricing requirements should apply regardless of whether roaming customers have a pre-paid or a post-paid contract with their home provider, and regardless of whether the home provider has its own network,
Amendment 74 #
Proposal for a regulation Recital 14 b (new) (14b) Pan-European licence auctions can stimulate the development of a single EU telecom market, without roaming.
Amendment 74 #
Proposal for a regulation Recital 65 Amendment 75 #
Proposal for a regulation Recital 14 b (new) (14b) Similarly, to solve inadvertent roaming charges home providers should be obliged to provide a sufficiently powerful signal in areas where coverage is weak.
Amendment 75 #
Proposal for a regulation Recital 65 (65) In order to ensure that regulatory obligations on wholesale and retail charges for voice, SMS and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market, conditions should be set for non- application of maximum wholesale and retail charges already before the deadlines foreseen. Such conditions should be based on a significant difference between price caps and actual price levels. It is considered that a significant difference will be reached if prices have on average in the Union reached
Amendment 76 #
Proposal for a regulation Recital 18 (18) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions that prevent undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. However, at present there are obstacles to the access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings. The removal of these obstacles would facilitate the development of alternative and innovative roaming services and offers for customers, in particular from virtual network operators. It would also facilitate the development of pan-European services.
Amendment 76 #
Proposal for a regulation Recital 67 (67) In order to improve the transparency of retail prices for making and receiving
Amendment 77 #
Proposal for a regulation Recital 18 (18) In order to allow for the development of a more efficient and competitive market for roaming services, there should be no restrictions that prevent undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. However, at present there are obstacles to the access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings. The removal of these obstacles would facilitate the development of alternative and innovative roaming services and offers for customers, in particular from virtual network operators. It would also facilitate the development of pan-European services. The rules of the Electronic Communication Framework, in particular Directive 2002/21/EC and Directive 2002/19/EC, do not allow this problem to be addressed via the imposition of obligations on operators having significant market powers.
Amendment 77 #
Proposal for a regulation Recital 67 (67) In order to improve the transparency of retail prices for making and receiving regulated roaming calls within the Union and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited
Amendment 78 #
Proposal for a regulation Recital 19 (19) Therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services. Such requests should only be refused on the basis of objective and duly substantiated criteria, which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in Article 17. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in a non-discriminatory manner providing equivalent terms and conditions and in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between Member States.
Amendment 78 #
Proposal for a regulation Recital 68 (68) Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. Home providers should provide information on roaming charges by appropriate means such as invoices, the internet, TV advertisements or direct mail. All information and offers should be clear, understandable, comparable and transparent with regard to prices and service characteristics. Advertising of roaming offers and marketing to consumers should fully comply with consumer protection legislation, in particular with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’)1. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the
Amendment 79 #
Proposal for a regulation Recital 19 (19) Therefore rules should be introduced to mandate the obligation to meet reasonable requests, at non-discriminatory conditions, for wholesale access to public mobile communications networks for the purpose of providing roaming services, also by way of derogation from Directives 2002/21/EC and 2002/19/EC. Such requests should only be
Amendment 79 #
Proposal for a regulation Recital 68 (68) Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. Home providers should provide information on roaming charges by appropriate means such as invoices, the internet, TV advertisements or direct mail. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers in writing describing the conditions of the Eurotariff and the right to switch to and
Amendment 80 #
Proposal for a regulation Recital 19 (19) Therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services. Such requests should be proportional and in line with the needs of those seeking access, be they mobile network operators, virtual mobile network operators or retailers. They should only be refused on the basis of objective and duly substantiated criteria, which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in Article 17. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the
Amendment 80 #
Proposal for a regulation Recital 69 (69) Moreover, measures should be introduced to improve the transparency of retail prices for
Amendment 81 #
Proposal for a regulation Recital 20 (20) A wholesale roaming access obligation should cover, at non- discriminatory conditions, access to all the elements and facilities necessary to enable the provision of roaming services, also by way of derogation from Directive 2002/19/EC, such as the following elements: access to network elements and associated facilities; access to relevant software systems including operational support systems; access to information systems or databases for pre-
Amendment 81 #
Proposal for a regulation Recital 69 (69) Moreover, 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
Amendment 82 #
Proposal for a regulation Recital 21 (21) Mobile communications services are sold in bundles including both domestic and roaming services, which limits customer choice for roaming services. Such bundles reduce transparency concerning roaming services, since it is difficult to compare individual items within the bundles. Consequently, competition among operators on the basis of the roaming element in the mobile bundle is not yet apparent. Facilitating the availability of roaming as a stand-alone service would address structural problems by raising consumer awareness of roaming prices, allowing distinct consumer choice concerning roaming services and thus increasing competitive pressure on the demand side. This will therefore contribute to the smooth functioning of the internal market for European roaming services. The structural solutions listed in this document could provide a solution for the lack of competition on the roaming market. Prior to implementing any consumer friendly structural solution, the Commission should carry out careful consideration of these measures to ensure that the critical mass necessary to achieve fundamental changes in the market, is readily available, as these solutions should not only be attractive to several select users but rather to the majority of the market.
Amendment 82 #
Proposal for a regulation Recital 70 (70) In particular, mobile operators should provide their roaming customers with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another
Amendment 83 #
Proposal for a regulation Recital 22 (22)
Amendment 83 #
Proposal for a regulation Recital 70 (70) In particular, mobile operators should provide their roaming customers, free of charge, with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another Member State. This information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension, and in such a manner as to enable easy access to it at a later date.
Amendment 84 #
Proposal for a regulation Recital 22 a (new) (22 a) Consumers in the EU are increasingly using mobile data services in their home country. However, high data roaming prices are hindering customers from using mobile data services when travelling in the Union. Therefore, appropriate measures should be taken to ensure that there are no obstacles to use alternative data roaming services, in particular through separate sale or temporary use of local data roaming services. For temporary usage of local data roaming services mobile users should be enabled to access locally supplied mobile data services, regardless of existing roaming contracts or arrangements with the provider of domestic mobile communication services and without any additional charge levied by them.
Amendment 84 #
Proposal for a regulation Recital 71 (71) In order to facilitate customers' understanding of the financial consequences of the use of
Amendment 85 #
Proposal for a regulation Recital 22 a (new) (22 a) Consumer and businesses demand for mobile data services has exploded in recent years. However, due to high data roaming charges, the use of these services is severely constrained for consumers and businesses operating across borders in the Union. Given the infancy of the market and the rapidly increasing consumer demand for data roaming, regulated consumer prices might keep prices around the proposed price caps levels, as experienced in the current regulation, instead of pushing it down further, underlining therefore the need for further reforms.
Amendment 85 #
Proposal for a regulation Recital 71 (71) In order to facilitate customers
Amendment 86 #
Proposal for a regulation Recital 22 b (new) (22 b) There are several ways in which facilities for separate sale of roaming services and for temporary access to local data roaming services could be implemented. This Regulation should not mandate any particular technical solution for these facilities but instead lay down essential requirements which should be met by these facilities in order allow the most effective and efficient solution, or combination of solutions. Those requirements should ensure in particular effective competition for the benefit of European consumers, including intensive users of data services.
Amendment 86 #
Proposal for a regulation Recital 72 (72) In addition, in order to avoid bill shocks both for data roaming services within and outside the Union, mobile operators should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services, expressed in the currency in which the roaming customer is billed, and which they should offer to all their roaming customers, free of charge, with an appropriate notification when this limit is being approached. Upon reaching this maximum limit, customers should no
Amendment 87 #
Proposal for a regulation Recital 22 b (new) (22 b) In combination with increased deployment of Wi Fi hotspots, appropriate measures should be taken in order to facilitate the separate sale or temporary use of local data roaming service. Providers of domestic mobile communication services should without any additional charge allow their customers to temporarily access local data services of any alternative provider of local data roaming services while continuing to provide voice and sms roaming. This should be made possible regardless of the contract with the domestic mobile communication provider. The provider of local data roaming services in the visiting country should not discriminate foreign customers but offer data services on equal terms and conditions that are being offered to domestic customers.
Amendment 87 #
Proposal for a regulation Recital 72 (72) In addition, in order to avoid bill shocks, mobile operators should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services, expressed in the currency in which the roaming customer is billed, and which they should offer to all their roaming customers, free of charge, with an appropriate notification, in a media format that can be consulted again subsequently, when this limit is being approached. Upon reaching this maximum limit, customers should no longer receive and be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. In this case, they should receive free confirmation, in a media format that can be consulted again subsequently. Roaming customers should be given the opportunity
Amendment 88 #
Proposal for a regulation Recital 23 (23) Increased cooperation and coordination among mobile network operators should be established to technically enable
Amendment 88 #
Proposal for a regulation Recital 72 a (new) (72a) Since current EU legislation contains no provisions on limiting bill shocks for roaming outside the Union, consumers should in future be informed about the roaming charges concerned when roaming outside the Union and be covered by the provisions on bill shocks that apply to roaming within the Union;
Amendment 89 #
Proposal for a regulation Recital 24 (24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, th
Amendment 89 #
Proposal for a regulation Recital 74 Amendment 90 #
Proposal for a regulation Recital 24 (24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross
Amendment 90 #
Proposal for a regulation Recital 74 (74) However, since the entry into force of the amendments introduced by Regulation (EC) No 544/2009, it has been observed that it is less probable that customers under pre-paid tariffs suffer from ‘bill shocks’ for the use of data roaming services, given that the amount of credit available is already chosen in advance. In addition, with the transitory Euro-data tariff with regulated rates for data roaming charges, these consumers will also benefit from additional protection against high prices for these services. For these reasons, the cut off limit provisions should not apply to customers
Amendment 91 #
Proposal for a regulation Recital 24 (24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, this solution in roaming services will require a reasonable period for operators to adapt at the technical level, and therefore will only result in a genuine internal market with sufficient competition after a certain period of time. For this reason, price caps for the wholesale charges for voice, SMS messages and data roaming services as well as safeguard caps for those services at the retail level should be maintained on a temporary basis at an appropriate level to ensure that the existing consumer benefits are preserved during a transitional period of implementation of such structural solutions
Amendment 91 #
Proposal for a regulation Recital 74 Amendment 92 #
Proposal for a regulation Recital 24 a (new) (24a) Considering that roaming prices can still be considered as a barrier to an internal market for telecoms and that the Digital Agenda for Europe sets as an objective that the differences between roaming and national telecoms tariffs should approach zero by 2015, operators should have the choice to reach this target on a voluntary basis. For this reasons operators offering to all their customers on all offers roaming tariffs significantly close to those charged for domestic voice, SMS and data services by 1 July 2014 should be exempted from the obligation to implement the technical measures for separate sale of roaming services. The required tariff level allowing the exemption should be defined by the Commission through delegated acts on basis of the opinion of BEREC after appropriate stakeholder consultation.
Amendment 92 #
Proposal for a regulation Recital 80 (80)
Amendment 93 #
Proposal for a regulation Recital 24 a (new) (24a) Operators charging roaming tariffs which are substantially similar to domestic rates should be exempt from the obligation to provide for the separate sale of roaming services, this exemption being subject to mobile coverage obligations imposed by the Member States.
Amendment 93 #
Proposal for a regulation Recital 81 (81) The Commission should review the effectiveness of this Regulation in light of its objectives and the contribution to the implementation of the regulatory framework and the smooth functioning of the internal market. In this context, the Commission should consider the impact on the competitive position of mobile communications providers of different sizes and from different parts of the Union, the developments, trends and transparency in retail and wholesale charges, their relation to actual costs, the extent to which the assumptions made in the impact assessment that accompanied this Regulation have been confirmed and the costs of compliance of operators and the impact on the investments. The Commission should also, in the light of technological developments, consider the availability and quality of services which are an alternative to roaming (such as access through WIFI or through local breakout mechanisms).
Amendment 94 #
Proposal for a regulation Recital 26 (26) Until the structural solutions have brought sufficient competition in the roaming market which would lead to wholesale rate reductions which in turn would be passed on to consumers, the most effective and proportionate approach to regulating the level of prices for making and receiving intra-Union roaming calls is the setting at Union level of a maximum average per-
Amendment 94 #
Proposal for a regulation Recital 81 a (new) (81a) The review of this Regulation should aim to establish an even more integrated market for telecommunication services in Europe and to improve the ability for operators to provide telecommunications services and customer to use them, and therefore to remove remaining barriers. In order to supplement the rules for wholesale roaming access, the Commission and BEREC should take necessary measures to further harmonise national telecommunications regulations, improve the conditions for market entry for operators in all Member States and harmonise termination fees across the Union. In order to support a truly borderless, single market for telecommunications services, the Commission and BEREC should present a proposal on new rules for access to new 4G/ LTE networks so that mobile devices should be enabled to connect to any operator's access network which can provide the contracted signal level, if the contracted service provider cannot, and for there to be no surcharge levied from the customer where another operator's network is used. To supplement this regulation, the Commission should present a similar legislative proposal for the prices of cross-border phone calls made and SMS sent between Member States that are not covered by this regulation. The Commission should also actively seek to extend the application of the rules laid down in this regulation to other countries outside of the Union, especially those bordering the Union and candidate countries, by concluding bilateral or multilateral agreements.
Amendment 95 #
Proposal for a regulation Recital 26 (26) Until the structural solutions have brought sufficient competition in the roaming market, the most effective and proportionate approach to regulating the level of prices for making and receiving intra-Union roaming calls is the setting at Union level of a maximum average per- minute/per-gigabyte charge at wholesale level and the limiting of charges at retail level through the Eurotariff introduced in Regulation (EC) No 717/2007. The average wholesale charge should apply between any pair of operators within the Union over a specified period.
Amendment 95 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 1 This Regulation introduces a common approach to
Amendment 96 #
Proposal for a regulation Recital 27 (27) The transitory Eurotariff should be set at a safeguard level which, whilst ensuring that the existing consumer benefits are preserved during a transitional period of implementing the structural solutions, guarantees a sufficient margin to operators and encourages competitive roaming offerings at lower rates. During the period concerned, operators should actively bring to the attention of the customers information about the Eurotariff and offer
Amendment 96 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 1 This Regulation introduces a common
Amendment 97 #
Proposal for a regulation Recital 28 (28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should
Amendment 97 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 2 It
Amendment 98 #
Proposal for a regulation Recital 28 (28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences.
Amendment 98 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 2 It lays down
Amendment 99 #
Proposal for a regulation Recital 28 (28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should be set at levels which do not distort the competitive benefits of structural solutions and could
Amendment 99 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 2 a (new) The separate sale of roaming services and domestic mobile communications services is a temporary and intermediate step to increase competition in order to lower roaming prices for customers in order to achieve a common European mobile market with no differentiation between national and roaming tariffs.
source: PE-478.630
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