Awaiting committee decision
2016/0185(COD) Wholesale roaming markets
Lead committee dossier: ITRE/8/06880
Legal Basis TFEU 114
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | IMCO | ||
| Lead | ITRE | KUMPULA-NATRI Miapetra (S&D) | RÜBIG Paul (EPP), TOŠENOVSKÝ Evžen (ECR), ROHDE Jens (ALDE), FERREIRA João (GUE/NGL), REIMON Michel (Verts/ALE), BORRELLI David (EFD), FONTANA Lorenzo (ENF) |
Legal Basis TFEU 114
Subjects
Activites
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2016/11/29
Committee decision to open interinstitutional negotiations with report adopted in committee
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2016/11/29
Vote in committee, 1st reading/single reading
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2016/07/04
Committee referral announced in Parliament, 1st reading/single reading
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2016/06/15
Legislative proposal published
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COM(2016)0399
summary
PURPOSE: to regulate the functioning of national wholesale roaming markets in order to abolish retail roaming surcharges by 15 June 2017. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: abolishing retail roaming surcharges is an essential step towards ensuring that telecom rules support the establishment and functioning of a digital single market across the Union. This target was also stressed in the Digital Single Market Strategy set out by the Commission. In 2015, the European Parliament and the Council adopted Regulation (EU) 2015/2120, which entered into force on 29 November 2015 and amended Regulation (EU) No 531/2012 (the Roaming Regulation). Regulation (EU) 2015/2120 requires retail roaming surcharges to be abolished in the Union from 15 June 2017, subject to fair usage of roaming services and the possibility of applying a sustainability derogation mechanism of the abolition of retail roaming charges. These new rules for retail roaming services in the Union are referred to as the ‘roam-like-at-home’ (RLAH) rule. While necessary, the regulation at retail level alone is not sufficient to implement RLAH. National wholesale roaming markets need to be competitive and deliver wholesale roaming prices that enable operators to sustainably offer retail roaming services without any additional charges. In this regard, the Commission has undertaken a review of the wholesale roaming market, with a view to assessing measures necessary to enable the abolition of retail roaming surcharges from 15 June 2017. The review shows in particular that wholesale roaming markets do not always function properly. The impact of these market failures on the functioning of wholesale markets results in prices substantially above estimated costs, in particular for data. Another conclusion of the review is that it is not possible to anticipate with certainty the impact of the future RLAH obligation, and in particular the expected increase of roaming traffic, on competition on national wholesale roaming markets. In light of the problems identified, the Commission considers that the current measures applicable on the wholesale roaming markets should be amended to ensure that the level of wholesale roaming charges enables the sustainable provision of RLAH in the Union. IMPACT ASSESSMENT: amongst the 4 options considered, the preferred option consisted of setting EU-wide wholesale roaming charges caps at a lower level than today. Under this option, legislation would reduce the current wholesale roaming charges caps and would also ensure that RLAH enters into force. CONTENT: this proposal for a regulation is meant to complete the rules on roaming, in particular with regard to wholesale roaming markets, in order to abolish retail roaming surcharges by 15 June 2017 without distorting the domestic visited and home markets. The Commission proposed to make the following amendments to the Roaming Regulation: add the possibility for the parties to a wholesale agreement to waive the application of maximum wholesale caps provided in Articles 7, 9 and 12 of the Roaming Regulation; reduce the current wholesale roaming charges caps to EUR 0.04 per minutes of call made, EUR 0,01 per SMS and EUR 0,0085 per megabyte of data transmitted; ensure consultation of the Body of European Regulators for Electronic Communications (BEREC) in disputes concerning inputs necessary for the provision of regulated wholesale roaming services; ensure that the Commission submits a report to the European Parliament and the Council every two years after 15 June 2017; clarify BEREC’s data-gathering powers: BEREC shall regularly collect data from national regulatory authorities on developments in retail and wholesale charges for regulated voice, SMS and data roaming services, including wholesale charges applied for balanced and unbalanced roaming traffic respectively.
- DG {'url': 'http://ec.europa.eu/dgs/connect/index_en.htm', 'title': 'Communications Networks, Content and Technology'}, ANSIP Andrus
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COM(2016)0399
summary
Documents
- Legislative proposal published: COM(2016)0399
| Amendments | Dossier |
| 114 |
2016/0185(COD)
2016/10/25
ITRE
114 amendments...
Amendment 10 #
Proposal for a regulation Recital 3 (3) Regulation (EU) 2015/2120 establishes a new retail pricing mechanism for Union-wide regulated roaming services in order to abolish retail roaming surcharges as of 15 June 2017 without distorting domestic and visited markets.
Amendment 100 #
Proposal for a regulation Article 1 – point 4 a (new) Regulation (EU) No 531/2012 Article 16 – paragraph 1 – subparagraph 1 (4a) In Article 16(1), the first subparagraph is replaced by the following: “1. National regulatory authorities and BEREC shall monitor and supervise compliance with this Regulation within their territory
Amendment 101 #
Proposal for a regulation Article 1 – point 4 b (new) Regulation (EU) No 531/2012 Article 16 – paragraph 2 (4b) In Article 16, paragraph 2 is replaced by the following: “2. National regulatory authorities and BEREC shall make up-to-date information on the application of this Regulation, in particular Articles 6a, 6b, 6c, 6e, 7, 9, 12 and 1
Amendment 102 #
Proposal for a regulation Article 1 – point 4 c (new) Regulation (EU) No 531/2012 Article 16 – paragraph 6 a (new) (4c) In Article 16, the following paragraph added: “6a. BEREC shall, in preparation for the review mechanism provided for in Article 19a, monitor developments in roaming traffic generated by CAPs in accordance with its administration of the Universal Roaming Fund under the terms of that Article. This shall include, among others, a maximum volume threshold imposed under Article 19a beyond which contributions by certain CAPs to the URF will be required, the applicable rate per gigabyte of volume by any one CAP over that threshold, the price per gigabyte for every gigabyte of volume a particular CAP has exceeded the maximum threshold, and the mechanism by which visited network operators can apply to the Universal Roaming Fund for cost recovery.”
Amendment 103 #
Proposal for a regulation Article 1 – point 4 d (new) Regulation (EU) No 531/2012 Article 16 – paragraph 6 b (new) (4d) In Article 16, the following paragraph is added: “6b. National regulatory authorities and BEREC shall have the power to require undertakings subject to obligations under this Regulation to supply all information relevant to the implementation and enforcement of this Regulation. Those undertakings shall provide such information promptly upon request and in accordance with time limits and the level of detail required by the national regulatory authority.”
Amendment 104 #
Proposal for a regulation Article 1 – point 5 a (new) Regulation (EU) No 531/2012 Article 17 – paragraph 2 a (new) Amendment 105 #
Proposal for a regulation Article 1 – point 5 a (new) Regulation (EU) No 531/2012 Article 17 – paragraph 2 a (new) (5a) In Article 17, the following paragraph is added: “2a. For the purposes of resolving any dispute that may arise in relation to the rights or obligations of any undertaking arising under Article 19a, BEREC, in collaboration with the national regulatory authorities, shall establish dispute resolution procedures equivalent to those existing under Articles 20 and 21 of the Framework Directive.”
Amendment 106 #
Proposal for a regulation Article 1 – point 6 – point a In addition, the Commission shall submit a report to the European Parliament and the Council
Amendment 107 #
Proposal for a regulation Article 1 – point 6 – point a Regulation (EU) No 531/2012 Article 19 – paragraph 3 – sentence 1 In addition, the Commission shall submit a report to the European Parliament and the Council
Amendment 108 #
Proposal for a regulation Article 1 – point 6 – point a Regulation (EU) No 531/2012 Article 19 – paragraph 3 – sentence 1 In addition, the Commission shall submit a report to the European Parliament and the Council
Amendment 109 #
Proposal for a regulation Article 1 – point 6 – point a Regulation (EU) No 531/2012 Article 19 – paragraph 3 – sentence 1 In addition, the Commission shall submit a report to the European Parliament and the Council by 15 June 2019 and every two years thereafter
Amendment 11 #
Proposal for a regulation Recital 3 a (new) (3a) Regulation (EU) 2015/2120 provides for the possibility for an operator to apply a ‘fair use policy’ in accordance with the relevant implementing act. An adequate fair use policy has a crucial role to play in order to guarantee a financially sustainable model of the wholesale and retail roaming markets. A generous fair use policy for consumers needs to be accompanied by wholesale caps which reflect the real costs of providing roaming services and that will enable as many operators as possible to provide ‘roam- like-at-home’ offers without incurring huge cost increases, damaging competitive domestic markets or increasing prices for domestic customers.
Amendment 110 #
Proposal for a regulation Article 1 – point 6 – point a In addition, after consulting BEREC, the Commission shall submit a report to the European Parliament and the Council every two years after 15 June 2017, accompanied, if appropriate, by a legislative proposal to review the level of wholesale caps.
Amendment 111 #
Proposal for a regulation Article 1 – point 6 – point a Regulation (EU) No 531/2012 Article 19 – paragraph 3 –sentence 1 In addition, the Commission shall submit a report to the European Parliament and the Council
Amendment 112 #
Proposal for a regulation Article 1 – point 6 – point a a (new) Regulation (EU) No 531/2012 Article 19 – paragraph 3 – point c a (new) (aa) in paragraph 3, the following point is added: "(ca) the current state of implementation of the abolition of retail roaming surcharges and whether there is the need for further adjustments in the level of maximum wholesale roaming charges as provided for in Articles 7, 9 and 12, taking into account the ability of visited network operators to recover all costs of providing regulated wholesale roaming services, including joint and common costs."
Amendment 113 #
Proposal for a regulation Article 1 – point 6 – point a a (new) Regulation (EU) No 531/2012 Article 19 – paragraph 3 – point c a (new) Amendment 114 #
Proposal for a regulation Article 1 – point 6 – point a a (new) Regulation (EU) No 531/2012 Article 19 – paragraph 3 – point c a (new) (aa) In paragraph 3, the following point is added: “(ca) developments in retail charges for the provision to customers of voice, SMS and data communications services in countries with large inbound roaming traffic.”
Amendment 115 #
Proposal for a regulation Article 1 – point 6 – point a b (new) Regulation (EU) No 531/2012 Article 19 – paragraph 3 – point c b (new) (ab) In paragraph 3, the following point is added: “(cb) recorded and projected developments in network infrastructure investment by operators in countries with large inbound roaming traffic.”
Amendment 116 #
Proposal for a regulation Article 1 – point 6 – point a b (new) Regulation (EU) No 531/2012 Article 19 – paragraph 3 – point c b (new) Amendment 117 #
Proposal for a regulation Article 1 – point 6 – point a d (new) Regulation (EU) No 531/2012 Article 19 – paragraph 3 – point c d (new) (ad) In paragraph 3, the following point is added: “(cd) the impact of the Commission Implementing Regulation laying down detailed rules on the application of fair use policy [insert reference] on consumer protection, in particular in relation to dispute settlements between operators applying a fair use policy and their customers, such as whether the roaming costumers are granted sufficient time to lodge a complaint and avoid being penalised in the process;”
Amendment 118 #
Proposal for a regulation Article 1 – point 6 – point a e (new) Regulation (EU) No 531/2012 Article 19 – paragraph 3 – point c e (new) (ae) In paragraph 3, the following point is added: ”(ce) the use of objective indicators and in particular the interpretation by operators and national regulatory authorities of the terminology used in the Implementing Regulation on fair use policy, such as 'anomalous use', and 'periodic travelling', with a view to avoiding inconsistencies between Member States in application;”
Amendment 119 #
Proposal for a regulation Article 1 – point 6 – point a f (new) Regulation (EU) No 531/2012 Article 19 – paragraph 3 – point c f (new) (af) In paragraph 3, the following point is added: “(cf) the ability of visited network operators to recover the efficiently incurred costs of providing regulated wholesale roaming services.”
Amendment 12 #
Proposal for a regulation Recital 4 (4) The abolition of retail roaming surcharges introduced by Regulation (EU) No 2015/2120, also named ‘roam-like-at- home’ (RLAH), is
Amendment 120 #
Proposal for a regulation Article 1 –point 6 a (new) Regulation (EU) No 531/2012 Article 19 a (new) Amendment 121 #
Proposal for a regulation Article 1 – point 6 a (new) Regulation (EU) No 531/2012 Article 19 a (new) (6a) The following article is inserted: ‘The application of this regulation shall be conditional on the stability of national charges for individuals and businesses and on continued investment in the network. If the national regulator, in response to a request from an individual consumer or business or from a telecommunications operator, finds that there has been a rise in non-roaming national charges, a fall in investments in the network, or any other indirect form of repercussion from roaming charges, it may take immediate measures to abolish the ceilings and restore charges for roaming.’
Amendment 122 #
Proposal for a regulation Article 1 – point 6 a (new) Regulation (EU) No 531/2012 Article 22 – paragraph 2 (6a) In Article 22, the second paragraph is replaced by the following: "It shall expire on 30 June 202
Amendment 13 #
Proposal for a regulation Recital 4 (4) The abolition of retail roaming surcharges introduced by Regulation (EU) No 2015/2120, also named "roam-like-at- home’ (RLAH), is necessary to establish and ease the functioning of a digital single market across the Union. However, that Regulation alone is not sufficient to ensure the correct and sustainable functioning of the roaming market. This Regulation should therefore ensure that pricing models in domestic markets are not affected.
Amendment 14 #
Proposal for a regulation Recital 4 (4) The abolition of retail roaming surcharges introduced by Regulation (EU) No 2015/2120, also named "roam-like-at- home’ (RLAH), is necessary to establish and ease the functioning of a digital single market across the Union
Amendment 15 #
Proposal for a regulation Recital 5 Amendment 16 #
Proposal for a regulation Recital 5 (5) The abolition of roaming surcharges as of 15 June 2017, as provided for in Regulation (EU) No 531/2012, is therefore subject to the introduction of a reasonable use policy that will ensure that roaming clients do not make abusive or anomalous use of regulated retail roaming services and the applicability of any legislative act proposed by the Commission that provides for appropriate measures following its review of the wholesale roaming markets, so as to make the abolition of retail roaming surcharges possible.
Amendment 17 #
Proposal for a regulation Recital 6 (6)
Amendment 18 #
Proposal for a regulation Recital 7 (7) In light of the findings of the review, the Commission adopted its report on the review of the wholesale roaming market19. In this regard, in order to ensure that retail roaming services can be provided at domestic retail prices, wholesale roaming inputs must be available at a level that allows home operators to provide RLAH
Amendment 19 #
Proposal for a regulation Recital 8 (8) In particular, the current functioning of wholesale roaming markets could affect competition and investments in home operators’ domestic markets due to excessive wholesale roaming charges compared to the domestic retail prices applied to end-users. This applies in particular for smaller or net out-bound operators, thus making RLAH structurally unsustainable. It should be underlined that those typologies of operators are essential for healthy competition, and accordingly they should be protected from any restrictive practices, that in extreme cases can reach refusal of service, guaranteeing them the adequate protection from national regulatory authorities.
Amendment 20 #
Proposal for a regulation Recital 8 (8) In particular, the current functioning of wholesale roaming markets could affect competition and investments in home operators’ domestic markets due to excessive wholesale roaming charges compared to the domestic retail prices applied to end-users. This applies in particular for smaller or net out-bound operators, thus making RLAH structurally unsustainable. Therefore it is crucial to ensure that the Union telecom framework legislation provides clear and consistent long term incentives for private investment in telecommunication infrastructure.
Amendment 21 #
Proposal for a regulation Recital 8 (8) In particular, the current functioning of wholesale roaming markets could affect competition and investments in home operators’ domestic markets due to excessive wholesale roaming charges compared to the domestic retail prices applied to end-users. This applies in
Amendment 22 #
Proposal for a regulation Recital 8 (8) In particular, the current functioning of wholesale roaming markets could affect competition and investments in home operators’ domestic markets due to excessive wholesale roaming charges compared to the domestic retail prices applied to end-users. This applies in particular for smaller operators or mobile virtual network operators (MVNOs), service providers or net out-bound operators, thus making RLAH structurally unsustainable.
Amendment 23 #
Proposal for a regulation Recital 9 (9) The functioning of the wholesale roaming market should allow that operators recover operationa
Amendment 24 #
Proposal for a regulation Recital 9 (9) The functioning of the wholesale roaming market should allow that operators recover all costs of providing regulated wholesale roaming services, including joint and common costs, without the application of extra costs to consumers, except in cases of abnormal or abusive use of RLAH by consumers themselves. This should preserve incentives to invest in visited networks and avoid any distortion of domestic competition in the visited markets caused by regulatory arbitrage by operators using wholesale roaming access remedies to compete in domestic visited markets.
Amendment 25 #
Proposal for a regulation Recital 9 (9)
Amendment 26 #
Proposal for a regulation Recital 10 (10) In
Amendment 27 #
Proposal for a regulation Recital 12 (12) With regard to rules on wholesale charges, regulatory obligations at Union level should be maintained since any measure that enables RLAH across the Union without addressing the level of the wholesale costs associated with providing these services could risk disrupting the internal market for roaming services and would not encourage more competition, which is very much necessary for the telecommunications market, especially for new entrants, technologically innovative service models, SMEs and start-ups.
Amendment 28 #
Proposal for a regulation Recital 12 (12) With regard to rules on wholesale charges, regulatory obligations at Union level should be maintained since any measure that enables RLAH across the Union without addressing the level of the wholesale costs associated with providing these services
Amendment 29 #
Proposal for a regulation Recital 12 (12) With regard to rules on wholesale charges, regulatory obligations at Union level should be maintained since any measure that enables RLAH across the Union without addressing the level of the wholesale costs associated with providing these services could risk disrupting the internal market for roaming services and would not encourage more competition, thereby preserving the oligopolistic nature that characterises wholesale roaming markets.
Amendment 30 #
Proposal for a regulation Recital 13 (13) The maximum wholesale charges should
Amendment 31 #
Proposal for a regulation Recital 13 a (new) (13a) Bearing in mind the need to promote the necessary network infrastructure investment to meet the growth in data use, to which the introduction of RLAH will doubtless contribute, particular attention should be paid to the need to ensure that operators of visited networks are able to recover all the costs of providing regulated wholesale roaming services, thereby averting unwanted effects on those markets in the form of a reduction in network infrastructure investment, deterioration in service provision and quality or an increase in domestic retail prices.
Amendment 32 #
Proposal for a regulation Recital 15 Amendment 33 #
Proposal for a regulation Recital 15 (15) In considering cost estimates,
Amendment 34 #
Proposal for a regulation Recital 15 (15) In considering cost estimates, the potential impact of the seasonal nature of roaming traffic, significant in some Member States, on the overall costs of providing wholes
Amendment 35 #
Proposal for a regulation Recital 15 (15) In considering cost estimates, the potential impact of the seasonal nature of roaming traffic on the overall costs of providing wholesale roaming services at national level
Amendment 36 #
Proposal for a regulation Recital 15 (15) In considering cost estimates, the potential impact of the seasonal nature of roaming traffic on the overall costs of providing wholesale roaming services at national level
Amendment 37 #
Proposal for a regulation Recital 16 Amendment 38 #
Proposal for a regulation Recital 16 (16) In setting the maximum wholesale charge for regulated data roaming services, the full costs for visited network operators, including all the access components needed to enable the provision of roaming services have been taken into account, including the transit costs of delivering data traffic to an exchange point identified by the home network operator.
Amendment 39 #
Proposal for a regulation Recital 16 a (new) (16a) In light of the risk posed by the harmonised capping of wholesale roaming charges on the inhibition of investment and the impact it may have on certain Member States' national markets, including the development and roll-out of very high capacity networks, and in particular the future development of 5G services and the need for a sustainable RLAH regime to be introduced before 15 June 2017, a "Universal Roaming Fund" ("URF") should be established. This URF should be managed and administered by BEREC and national regulatory authorities, and should ensure that all those actors who benefit from high-speed and high quality mobile networks and the RLAH regime also contribute reasonably and proportionately to the cost of RLAH by ensuring that the essential policies associated with the incentivisation of investment in very high capacity mobile infrastructure are not undermined. Such a mechanism should operate through the imposition, by BEREC, of maximum volume caps for various high-data content and applications. Should traffic volumes from those identified content and applications exceed that threshold, those Content and Applications Providers ("CAPs") responsible for providing those services should be required to make a financial contribution measured in euros per gigabyte where the threshold has been exceeded. All collected revenues should be pooled into a single fund whereby those visited network operators unable to fully recover their wholesale costs for providing roaming services are entitled to claim the difference for such costs on the basis of contributions from the URF.
Amendment 40 #
Proposal for a regulation Recital 18 (18) Therefore, the existing maximum wholesale roaming charges for voice calls, SMS and data services should be lowered. If operators can demonstrate that the lowered wholesale roaming charges are not sufficient any more for them to cover the underlying cost, under the Long Run Incremental Cost Plus (LRIC+) method, for providing wholesale roaming services, they should be entitled to adequate compensation of such losses from the RLAH Fund which should be set up by a Commission implementing act pursuant to this Regulation. The RLAH Fund should be administered by BEREC. It should be funded by all market participants using the existing mobile networks as main underlying infrastructure for the services to their customers above a certain traffic threshold, which shall be determined by BEREC based on the principles set out in that implementing act.
Amendment 41 #
Proposal for a regulation Recital 18 (18) Therefore, the existing maximum wholesale roaming charges for voice calls, SMS and data services should be lowered to levels much closer to the actual cost of those service.
Amendment 42 #
Proposal for a regulation Recital 18 (18) Therefore, the existing maximum wholesale roaming charges for voice calls, SMS and data services should be lowered
Amendment 43 #
Proposal for a regulation Recital 18 (18) Therefore, the existing maximum wholesale roaming charges for voice calls, SMS and data services should be lowered substantially.
Amendment 44 #
Proposal for a regulation Recital 18 (18) Therefore, the existing maximum wholesale roaming charges for voice calls, SMS and data services should be substantially lowered.
Amendment 45 #
Proposal for a regulation Recital 19 (19) While ensuring the confidentiality of business and commercial secrets and in order to monitor and supervise the application of Regulation (EU) No 531/2012 and developments in wholesale roaming markets, national regulatory authorities should be entitled, where appropriate, to require information on wholesale roaming agreements that do not provide for the
Amendment 46 #
Proposal for a regulation Recital 21 (21) It is necessary to monitor and regularly review the functioning of wholesale roaming markets and their interrelationship with the retail roaming market, taking into account competitive and technological developments and traffic flows. This should include both an assessment of any emergence of tariff plans that include only domestic services and exclude roaming services altogether, thus undermining the very objective of RLAH and an assessment of any reduction in the availability of flat-rate tariff plans, which could also represent a loss for consumers and undermine the objectives of the Digital Single Market. Also, as in its Report on the Review of the Wholesale Roaming Market of 15 June 2016, the Commission's biennial reports should assess the ability of visited network operators to recover all costs of providing regulated wholesale roaming services, and propose correction mechanisms to remedy the situation in the event that this happens. In addition, the Commission should assess the ability of domestic network operators to recover their costs of providing regulated roaming services from their revenues from the provision of such services, and the extent to which retail roaming surcharges have been authorised by national regulatory authorities under the sustainability mechanism. In order to properly assess how roaming markets will adapt to RLAH rules, sufficient data should be gathered on functioning of these markets after the implementation of these rules.
Amendment 47 #
Proposal for a regulation Recital 21 (21) It is necessary to monitor and regularly review the functioning of wholesale roaming markets and their interrelationship with the retail roaming market, taking into account competitive and technological developments and traffic flows. In particular, in its biennial report, the Commission, in consultation with BEREC and the national authorities, should consider whether the RLAH has any impact on the tariff plans put forward by operators to customers and ensure that no activation fees are charged for roaming services. In addition, the Commission's biennial report should evaluate the ability of the operators of the host networks to recover all costs arising from the provision of wholesale roaming services. In order to properly assess how roaming markets will adapt to RLAH rules, sufficient data should be gathered on functioning of these markets after the implementation of these rules.
Amendment 48 #
Proposal for a regulation Recital 21 (21) It is necessary to monitor and regularly review the functioning of wholesale roaming markets and their interrelationship with the retail roaming market, taking into account competitive and technological developments and traffic flows. In order to properly assess how roaming markets will adapt to RLAH rules, sufficient data should be gathered on functioning of these markets after the implementation of these rules. If the data from the first year after 15 June 2017 show that the RLAH rules have led to distortion of national markets or other negative consequences for the customers or domestic or roaming providers, a new legislative proposal amending the Regulation (EU) No 531/2012 should be submitted by the Commission as soon as possible.
Amendment 49 #
Proposal for a regulation Recital 22 (22) In order to assess the competitive developments in Union-wide roaming
Amendment 50 #
Proposal for a regulation Recital 22 (22) In order to assess the competitive developments in Union-wide roaming markets and to report regularly on changes in actual wholesale roaming charges for unbalanced traffic between roaming providers, BEREC should be given the task of collecting data from national regulatory authorities on the actual charges applied for balanced and unbalanced traffic respectively. It should also collect data on
Amendment 51 #
Proposal for a regulation Recital 22 (22) In order to assess the competitive developments in Union-wide roaming markets and to report regularly on changes in actual wholesale roaming charges for unbalanced traffic between roaming providers, BEREC should be given the task of collecting data from national regulatory authorities on the actual charges applied for balanced and unbalanced traffic respectively. It should also collect data on cases where parties to a wholesale agreement have opted out from the application of maximum wholesale roaming charges or have implemented measures at wholesale level that are aimed at preventing permanent roaming or anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated roaming services to
Amendment 52 #
Proposal for a regulation Article 1 – point -1 (new) Regulation (EU) No 531/2012 Article 2 – paragraph 2 – point s a (new) (-1) In Article 2(2), the following point is added: “(sa) 'Content and Applications Providers' or 'CAPs' means, respectively, those providers of certain types of content and those providers of applications "over- the-top" of telecommunications services;”
Amendment 53 #
Proposal for a regulation Article 1 – point -1 (new) Regulation (EU) No 531/2012 Article 2 – paragraph 2 – point s a (new) (-1) In Article 2(2), the following point is added: “(sa) 'Mobile Virtual Service Operator´ or `MVNO´ means a mobile service provider offering publicly available mobile communications services in a virtual network or as resale, which does not own a mobile network;”
Amendment 54 #
Proposal for a regulation Article 1 – point -1 a (new) Regulation (EU) No 531/2012 Article 2 – paragraph 2 – point s b (new) (-1a) In Article 2(2), the following point is added: “(sb) 'Universal Roaming Fund' or 'URF' means the fund managed and administered by BEREC and the national regulatory authorities which is designed to allow CAPs, where appropriate, to contribute to the wholesale costs of excessive roaming operators, while ensuring that all visited network operators are able to fully recover their wholesale costs;”
Amendment 55 #
Proposal for a regulation Article 1 – point -1 (new) Regulation (EU) No 531/2012 Article 3 – paragraph 2 (-1) In Article 3, paragraph 2 is replaced by the following: "2. Mobile network operators may refuse requests for wholesale roaming
Amendment 56 #
Proposal for a regulation Article 1 – point 1 Regulation (EU) No 531/2012 Article 3 – paragraph 4 4. Rules on regulated wholesale roaming charges laid down in Articles 7, 9 and 12 shall apply to the provision of access to all components of wholesale roaming access referred to in paragraph 3, unless both parties to the wholesale roaming agreement explicitly agree that any average wholesale roaming charge resulting from the application of the agreement should not be subject to the maximum regulated wholesale roaming charge
Amendment 57 #
Proposal for a regulation Article 1 – point 1 a (new) Regulation (EU) No 531/2012 Article 3 – paragraph 6 (1a) In Article 3, paragraph 6 is replaced by the following "6. The reference offer referred to in paragraph 5 shall be sufficiently detailed and shall include all components necessary for wholesale roaming access as referred to in paragraph 3, providing a description of the offerings relevant for direct wholesale roaming access and wholesale roaming resale access, and the associated terms and conditions. That reference offer may include conditions to prevent permanent roaming or anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated roaming services to roaming providers’ customers while the latter are periodically travelling within the Union. If necessary, national regulatory authorities shall impose changes to reference offers to give effect to obligations laid down in this Article.
Amendment 58 #
Proposal for a regulation Article 1 – point 1 b (new) Regulation (EU) No 531/2012 Article 3 – paragraph 8 Amendment 59 #
Proposal for a regulation Article 1 – point 1 a (new) Regulation (EU) No 531/2012 Article 3 – paragraph 9 a (new) (1a) In Article 3, the following paragraph is added: "9a. Without prejudice to paragraph 4, the maximum wholesale charges for regulated roaming services that apply to Mobile Virtual Network Operators shall be limited to the national wholesale charges for mobile communications services as set by the respective domestic host mobile network operator."
Amendment 60 #
Proposal for a regulation Article 1 – point 1 a (new) Regulation (EU) No 531/2012 Article 6 d – title (1a) In Article 6d, the title is replaced by the following: ‘Implementation of fair use policy and of sustainability of the abolition of retail roaming surcharges and wholesale compensation fund’
Amendment 61 #
Proposal for a regulation Article 1 – point 1 b (new) Regulation (EU) No 531/2012 Article 6 d – paragraph 5 a (new) (1b) The following paragraph is added: “5a. In addition to the surcharge mechanism for roaming providers in Article 6c(1) to (4) of Regulation (EU) No 531/2012 as amended by Regulation (EU) 2015/2120, a specific fund is established at Union level (RLAH Fund) to compensate operators for losses due to the reduced wholesale caps. The RLAH Fund is operated by BEREC under the terms to be set out by the Commission in a specific implementing act in accordance with Regulation (EU) No 182/2011, and already provided for in Article 6d(3) of Regulation (EU) No 531/2012 as amended by Regulation (EU) 2015/2120.”
Amendment 62 #
Proposal for a regulation Article 1 – point 1 c (new) Regulation (EU) No 531/2012 Article 6 d – paragraph 5 b (new) (1c) The following paragraph is added: “5b. Undertakings benefitting from the implementation of RLAH with the reduced wholesale roaming charges for providing their own services to customers have to contribute to the RLAH Fund. BEREC will determine for every year the overall size of the Fund and the contribution to be made by each of them. Undertakings generating traffic below a certain threshold, which will be determined by BEREC, are excluded from this obligation.”
Amendment 63 #
Proposal for a regulation Article 1 – point 1 d (new) Regulation (EU) No 531/2012 Article 6 d – paragraph 5 c (new) (1d) The following paragraph is added: “5c. If the maximum wholesale roaming charges for calls, SMS or data, once reduced by virtue of this Regulation, are not sufficient for the operators to recover all costs, including their joint and common costs, for providing wholesale roaming services, the operators are entitled to receive financial compensation from the RLAH Fund.”
Amendment 64 #
Proposal for a regulation Article 1 – point 1 e (new) Regulation (EU) No 531/2012 Article 6 d – paragraph 5 d (new) Amendment 65 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 1 1.
Amendment 66 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 1 1.
Amendment 67 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 1 1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of EUR 0.0
Amendment 68 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 1 1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of EUR 0.0
Amendment 69 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 1 1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of EUR 0.0
Amendment 70 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 1 1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of EUR 0.0
Amendment 71 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 1 1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of
Amendment 72 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 1 1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of EUR 0.0
Amendment 73 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 1 1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination
Amendment 74 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 1 (1) The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of EUR 0.0
Amendment 75 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – paragraph 2 Amendment 76 #
Proposal for a regulation Article 1 – point 2 Regulation (EU) No 531/2012 Article 7 – 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 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 as provided for in paragraph 1 or before 30 June 202
Amendment 77 #
Proposal for a regulation Article 1 – point 2 a (new) Regulation (EU) No 531/2012 Article 7 – paragraph 2 a (new) (2a) By way of derogation, cases where the actual costs incurred by the operator are, for reasons such as seasonal overload, demonstrably higher than the amounts set out in the previous paragraph shall be excluded from its provisions. (Amendment also applies to Article 9 and Article 12.)
Amendment 78 #
Proposal for a regulation Article 1 – point 2 a (new) Regulation (EU) No 531/2012 Article 7 – paragraph 3 (2a) In Article 7, paragraph 3 is replaced by the following: "3. 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 79 #
Proposal for a regulation Article 1 – point 3 Regulation (EU) No 531/2012 Article 9 – paragraph 1 1. With effect from 15 June 2017, the
Amendment 80 #
Proposal for a regulation Article 1 – point 3 Regulation (EU) No 531/2012 Article 9 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming SMS message originating on that visited network shall not exceed a safeguard limit of EUR 0.0
Amendment 81 #
Proposal for a regulation Article 1 – point 3 Regulation (EU) No 531/2012 Article 9 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming SMS message originating on that visited network shall not exceed a safeguard limit of EUR 0.0
Amendment 82 #
Proposal for a regulation Article 1 – point 3 Regulation (EU) No 531/2012 Article 9 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming SMS message originating on that visited network shall not exceed a safeguard limit of EUR 0.01 per SMS message and shall, without prejudice to Article 19, remain at EUR 0.01 until 30 June 202
Amendment 83 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 84 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 85 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 86 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 87 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 88 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that
Amendment 89 #
Proposal for a regulation Article 1 –point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 9 #
Proposal for a regulation Recital 3 (3) Regulation (EU) 2015/2120 establishes a new retail pricing mechanism for Union-wide regulated roaming services in order to abolish retail roaming surcharges without distorting domestic and visited markets
Amendment 90 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0.00
Amendment 91 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 92 #
Proposal for a regulation Article 1 – point 4 1. With effect from 15 June 2017
Amendment 93 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 94 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 (1) With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR
Amendment 95 #
Proposal for a regulation Article 1 –point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1.
Amendment 96 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0.00
Amendment 97 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0.0
Amendment 98 #
Proposal for a regulation Article 1 – point 4 Regulation (EU) No 531/2012 Article 12 – paragraph 1 1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0.0
Amendment 99 #
Proposal for a regulation Article 1 – point 4 a (new) Regulation (EU) No 531/2012 Article 15 a (new) source: 589.492
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History
(these mark the time of scraping, not the official date of the change)
2016-12-07Show (1) Changes | Timetravel
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2016-12-02Show (3) Changes | Timetravel
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2016-09-07Show (4) Changes | Timetravel
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2016-09-01Show (8) Changes | Timetravel
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2016-07-20Show (6) Changes | Timetravel
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2016-07-06Show (4) Changes | Timetravel
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2016-07-01Show (2) Changes | Timetravel
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2016-06-29Show (1) Changes | Timetravel
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2016-06-28Show (5) Changes
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