BETA

Awaiting Parliament 1st reading / single reading / budget 1st stage



2016/0185(COD) Wholesale roaming markets
Next event: Debate in plenary scheduled 2017/04/05 more...
RoleCommitteeRapporteurShadows
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)
Lead committee dossier: ITRE/8/06880
Legal Basis TFEU 114

Activites

  • 2017/04/06 Vote in plenary scheduled
  • 2017/04/05 Debate in plenary scheduled
  • 2017/02/28 Approval in committee of the text agreed at 1st reading interinstitutional negotiations
  • 2016/12/07 Committee report tabled for plenary, 1st reading/single reading
    • A8-0372/2016 summary
  • #3505
  • 2016/12/01 Council Meeting
  • 2016/11/29 Committee decision to open interinstitutional negotiations with report adopted in committee
  • 2016/11/29 Vote in committee, 1st reading/single reading
  • 2016/07/04 Committee referral announced in Parliament, 1st reading/single reading
  • 2016/06/15 Legislative proposal published
    • COM(2016)0399 summary
    • DG {'url': 'https://ec.europa.eu/digital-single-market/dg-connect', 'title': 'Communications Networks, Content and Technology'}, ANSIP Andrus

Documents

AmendmentsDossier
114 2016/0185(COD)
2016/10/25 ITRE 114 amendments...
source: 589.492

History

(these mark the time of scraping, not the official date of the change)

activities/0/commission/0/DG/url
Old
https://ec.europa.eu/digital-single-market/dg-connect
New
http://ec.europa.eu/digital-single-market/dg-connect
activities/5/docs/0/text/0
Old

The Committee on Industry, Research and Energy adopted the report by Miapetra KUMPULA-NATRI (S&D, FI) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets.

The committee recommended that Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Wholesale roaming access: the Commission proposal stated that mobile network operators may refuse requests for wholesale roaming access only on the basis of objective criteria and after obtaining authorisation from their national regulatory authority. Members suggested that the national regulatory authority concerned inform the Commission of any application for authorisation and of the objectively justified reasons therefor. The Commission shall make information concerning such applications available to the public, subject to the duty of confidentiality.

Complaints: undertakings that have requested wholesale roaming access may submit complaints to the national regulatory authorities concerned. The national regulatory authorities shall accept or reject such complaints within one month of receipt, providing reasons for their decision. The national regulatory authorities shall inform the Commission of such complaints and the corresponding decisions, and the Commission shall make them available to the public.

Wholesale charges for the making of regulated roaming calls: 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, shall not exceed a safeguard limit of EUR 0.03 per minute as of 15 June 2017 and shall remain at EUR 0.03 until 30 June 2022 (the European Commission proposed a ceiling of EUR 0.04 per minute).

Wholesale charges for regulated data roaming services: Members proposed to change the units used for data from megabytes to gigabytes (1, 024 MB).

With effect from 15 June 2017, the average wholesale charge shall not exceed a safeguard limit of EUR 4 per gigabyte of data transmitted. The safeguard limit shall, on 1 July 2018, decrease to EUR 3 per gigabyte of data transmitted, on 1 July 2019 to EUR 2 per gigabyte of data transmitted, and on 1 July 2020, to EUR 1 per gigabyte of data transmitted. It shall remain at EUR 1 per gigabyte of data transmitted until 30 June 2022.

Dispute resolution: disputes between visited network operators and other operators on instances of unfair competition consisting in substance of an offer from a non-domestic operator based on permanent roaming may be referred to the competent national regulatory authority.

In this case, the Body of European Regulators for Electronic Communications (BEREC) shall, in its opinion, make an overall assessment over a significant period of all factual elements characterising the activities carried out by the non-domestic operator in the Member State in which it is established and, on a proportional and comparative basis, in the Member State visited.

Review clause: the Commission proposes a review of price caps every two years after 15 June 2017. Members proposed that the Commission submit an interim report on the implementation of the abolition of retail roaming surcharges by 15 December 2018. Furthermore, and after consulting BEREC, the Commission shall submit a report to the European Parliament and to the Council by 15 December 2019 and every two years thereafter, accompanied, if appropriate, by a legislative proposal to amend the wholesale charges for regulated roaming services laid down in this Regulation.

In its biennial report, the Commission should, in particular, assess whether  "roam-like-at-home' (RLAH) has any impact on the evolution of retail prices and, in particular, the range of tariff plans available on the retail market.

New

The Committee on Industry, Research and Energy adopted the report by Miapetra KUMPULA-NATRI (S&D, FI) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets.

The committee recommended that Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Wholesale roaming access: the Commission proposal stated that mobile network operators may refuse requests for wholesale roaming access only on the basis of objective criteria and after obtaining authorisation from their national regulatory authority. Members suggested that the national regulatory authority concerned inform the Commission of any application for authorisation and of the objectively justified reasons therefor. The Commission shall make information concerning such applications available to the public, subject to the duty of confidentiality.

Complaints: undertakings that have requested wholesale roaming access may submit complaints to the national regulatory authorities concerned. The national regulatory authorities shall accept or reject such complaints within one month of receipt, providing reasons for their decision. The national regulatory authorities shall inform the Commission of such complaints and the corresponding decisions, and the Commission shall make them available to the public.

Wholesale charges for the making of regulated roaming calls: 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, shall not exceed a safeguard limit of EUR 0.03 per minute as of 15 June 2017 and shall remain at EUR 0.03 until 30 June 2022 (the European Commission proposed a ceiling of EUR 0.04 per minute).

Wholesale charges for regulated data roaming services: Members proposed to change the units used for data from megabytes to gigabytes (1024 MB).

With effect from 15 June 2017, the average wholesale charge shall not exceed a safeguard limit of EUR 4 per gigabyte of data transmitted. The safeguard limit shall, on 1 July 2018, decrease to EUR 3 per gigabyte of data transmitted, on 1 July 2019 to EUR 2 per gigabyte of data transmitted, and on 1 July 2020, to EUR 1 per gigabyte of data transmitted. It shall remain at EUR 1 per gigabyte of data transmitted until 30 June 2022.

Dispute resolution: disputes between visited network operators and other operators on instances of unfair competition consisting in substance of an offer from a non-domestic operator based on permanent roaming may be referred to the competent national regulatory authority.

In this case, the Body of European Regulators for Electronic Communications (BEREC) shall, in its opinion, make an overall assessment over a significant period of all factual elements characterising the activities carried out by the non-domestic operator in the Member State in which it is established and, on a proportional and comparative basis, in the Member State visited.

Review clause: the Commission proposes a review of price caps every two years after 15 June 2017. Members proposed that the Commission submit an interim report on the implementation of the abolition of retail roaming surcharges by 15 December 2018. Furthermore, and after consulting BEREC, the Commission shall submit a report to the European Parliament and to the Council by 15 December 2019 and every two years thereafter, accompanied, if appropriate, by a legislative proposal to amend the wholesale charges for regulated roaming services laid down in this Regulation.

In its biennial report, the Commission should, in particular, assess whether  "roam-like-at-home' (RLAH) has any impact on the evolution of retail prices and, in particular, the range of tariff plans available on the retail market.

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https://ec.europa.eu/digital-single-market/dg-connect
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  • The Committee on Industry, Research and Energy adopted the report by Miapetra KUMPULA-NATRI (S&D, FI) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets.

    The committee recommended that Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

    Wholesale roaming access: the Commission proposal stated that mobile network operators may refuse requests for wholesale roaming access only on the basis of objective criteria and after obtaining authorisation from their national regulatory authority. Members suggested that the national regulatory authority concerned inform the Commission of any application for authorisation and of the objectively justified reasons therefor. The Commission shall make information concerning such applications available to the public, subject to the duty of confidentiality.

    Complaints: undertakings that have requested wholesale roaming access may submit complaints to the national regulatory authorities concerned. The national regulatory authorities shall accept or reject such complaints within one month of receipt, providing reasons for their decision. The national regulatory authorities shall inform the Commission of such complaints and the corresponding decisions, and the Commission shall make them available to the public.

    Wholesale charges for the making of regulated roaming calls: 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, shall not exceed a safeguard limit of EUR 0.03 per minute as of 15 June 2017 and shall remain at EUR 0.03 until 30 June 2022 (the European Commission proposed a ceiling of EUR 0.04 per minute).

    Wholesale charges for regulated data roaming services: Members proposed to change the units used for data from megabytes to gigabytes (1, 024 MB).

    With effect from 15 June 2017, the average wholesale charge shall not exceed a safeguard limit of EUR 4 per gigabyte of data transmitted. The safeguard limit shall, on 1 July 2018, decrease to EUR 3 per gigabyte of data transmitted, on 1 July 2019 to EUR 2 per gigabyte of data transmitted, and on 1 July 2020, to EUR 1 per gigabyte of data transmitted. It shall remain at EUR 1 per gigabyte of data transmitted until 30 June 2022.

    Dispute resolution: disputes between visited network operators and other operators on instances of unfair competition consisting in substance of an offer from a non-domestic operator based on permanent roaming may be referred to the competent national regulatory authority.

    In this case, the Body of European Regulators for Electronic Communications (BEREC) shall, in its opinion, make an overall assessment over a significant period of all factual elements characterising the activities carried out by the non-domestic operator in the Member State in which it is established and, on a proportional and comparative basis, in the Member State visited.

    Review clause: the Commission proposes a review of price caps every two years after 15 June 2017. Members proposed that the Commission submit an interim report on the implementation of the abolition of retail roaming surcharges by 15 December 2018. Furthermore, and after consulting BEREC, the Commission shall submit a report to the European Parliament and to the Council by 15 December 2019 and every two years thereafter, accompanied, if appropriate, by a legislative proposal to amend the wholesale charges for regulated roaming services laid down in this Regulation.

    In its biennial report, the Commission should, in particular, assess whether  "roam-like-at-home' (RLAH) has any impact on the evolution of retail prices and, in particular, the range of tariff plans available on the retail market.

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BORRELLI David
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FERREIRA João
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RÜBIG Paul
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REIMON Michel
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  • 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.
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  • body: EP responsible: True committee_full: Industry, Research and Energy committee: ITRE
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    Mandatory consultation of other institutions
    Economic and Social Committee
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    2016/0185(COD)
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    Regulation
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    Treaty on the Functioning of the EU TFEU 114
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    Amending Regulation (EU) No 531/2012
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    Legislation
    title
    Wholesale roaming markets
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    COD - Ordinary legislative procedure (ex-codecision procedure)
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