Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ITRE | WINZIG Angelika ( EPP) | HAJŠEL Robert ( S&D), BILBAO BARANDICA Izaskun ( Renew), SOLÉ Jordi ( Verts/ALE), BORCHIA Paolo ( ID), TOŠENOVSKÝ Evžen ( ECR), MATIAS Marisa ( GUE/NGL) |
Committee Opinion | IMCO | THUN UND HOHENSTEIN Róża ( EPP) | Marco CAMPOMENOSI ( ID), Anne-Sophie PELLETIER ( GUE/NGL) |
Committee Recast Technique Opinion | JURI |
Lead committee dossier:
Legal Basis:
RoP 110, RoP 57, TFEU 114-p1
Legal Basis:
RoP 110, RoP 57, TFEU 114-p1Subjects
Events
PURPOSE: to extend the EU-wide roaming market rules by 10 years to allow citizens to continue to benefit from roaming without additional charges when travelling within the EU.
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: the Commission recently reviewed Regulation (EU) 2015/2120 which amended Regulation (EU) 531/2012 and abolished roaming surcharges from June 2017 for an initial period of five years, subject to fair use of roaming services and the option to apply a sustainability derogation mechanism.
In November 2019, the Commission published its first full review of the roaming market, showing that travellers across the EU have benefited significantly from the end of roaming charges in June 20178. The use of mobile services (data, voice, SMS) while travelling in the EU has increased rapidly and massively, confirming the positive impact of roaming rules.
The review also concluded that the current wholesale and retail regulation is still necessary to ensure the viability of roaming. The Commission is therefore proposing a new regulation to extend the current rules, which expire in 2022, by ten years.
The proposal to revise the existing roaming rules is part of the overarching ambition ‘A Europe fit for the digital age’ and the specific objective ‘Digital for consumers’.
CONTENT: this proposal for a recast of Regulation (EU) No 531/2012 aims to extend the rules applicable to the EU-wide roaming market until 30 June 2032, while adjusting the maximum wholesale charges to ensure sustainability of the provision of retail roaming services at domestic prices, introducing new measures to increase transparency and ensuring a genuine ‘roam-like-at-home’ experience in terms of quality of service and access to emergency services while roaming.
The proposed amendments to the existing rules are as follows:
Sustainability of roaming for operators
The Commission proposes to set EU-wide wholesale roaming maximum charges for calls made, SMS messages and data at lower levels than those valid until 30 June 2022. The proposal sets out a two-step glide path for the maximum wholesale charges applicable for data, voice and SMS. The new maximum wholesale charges should act as a safeguard level and should ensure that operators can recover their costs.
Increased transparency
The proposed amendments aim to increase transparency at retail level regarding:
- quality of service (by bringing in an obligation for operators to clarify in their contracts with customers the quality of service that they can reasonably expect when roaming in the EU);
- communications on value-added services (by obliging operators to provide, in their contracts with customers, information on the type of services that may be subject to higher charges and similar information in the ‘welcome SMS’);
- access to emergency services (by bringing in an obligation for operators to include information on the different possibilities to access emergency services when roaming in the ‘welcome SMS’).
The proposal also aims to increase the level of transparency at wholesale level by creating a centralised EU database of number ranges for value added services. This database would give operators direct access to information on numbering ranges that may lead to higher costs in Member States.
Improving the quality of roaming services offered to travellers
The proposal obliges roaming service providers to ensure, where technically feasible, that roaming services are provided under the same conditions as if they were consumed domestically and mobile network operators to provide access to all available network technologies and generations).
Free-of-charge access to emergency services abroad
The proposed new rules would ensure effective access to emergency services, including by improving information on alternative means available to people with disabilities. To this end, the proposal provides for:
- the obligation for operators to provide in the wholesale agreement all regulatory and technical information needed to implement free-of-charge access to emergency services and free-of-charge caller location;
- the obligation not to levy on the roaming provider any charge related to emergency communications and transmission of caller location information.
The proposal also includes a number of amendments to simplify and reduce the regulatory burden.
Improving the quality of roaming services offered to travellers
The proposal obliges roaming service providers to ensure, where technically feasible, that roaming services are provided on the same terms and conditions as for domestic consumption of those services, and mobile network operators to provide access to all available network generations and technologies.
Free access to emergency services
The proposed new rules would ensure effective access to emergency services, including by improving information on alternative means available to people with disabilities. To this end, the proposal provides for:
- an obligation for operators to provide in the wholesale roaming agreement all regulatory and technical information necessary to implement free access to emergency services and the provision of caller location information free of charge
- an obligation not to charge the roaming provider for emergency calls and the provision of caller location information.
The Directive also includes a number of amendments to simplify and reduce the regulatory burden.
Documents
- Committee draft report: PE692.937
- Document attached to the procedure: SEC(2021)0090
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0027
- Document attached to the procedure: SWD(2021)0028
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0029
- Legislative proposal: COM(2021)0085
- Legislative proposal: EUR-Lex
- Legislative proposal: COM(2021)0085 EUR-Lex
- Document attached to the procedure: SEC(2021)0090
- Document attached to the procedure: EUR-Lex SWD(2021)0027
- Document attached to the procedure: SWD(2021)0028
- Document attached to the procedure: EUR-Lex SWD(2021)0029
- Committee draft report: PE692.937
Activities
- Izaskun BILBAO BARANDICA
Plenary Speeches (0)
- Dita CHARANZOVÁ
Plenary Speeches (0)
- Miapetra KUMPULA-NATRI
Plenary Speeches (0)
- Jordi SOLÉ
Plenary Speeches (0)
- Evžen TOŠENOVSKÝ
Plenary Speeches (0)
- Rainer WIELAND
Plenary Speeches (0)
- Clare DALY
Plenary Speeches (0)
- Robert HAJŠEL
Plenary Speeches (0)
- Edina TÓTH
Plenary Speeches (0)
- Vlad-Marius BOTOŞ
Plenary Speeches (0)
- Nicola BEER
Plenary Speeches (0)
Amendments | Dossier |
105 |
2021/0045(COD)
2021/06/07
IMCO
105 amendments...
Amendment 100 #
Proposal for a regulation Article 14 – paragraph 5 5. Roaming providers shall make available information to their customers on how to avoid inadvertent roaming while using of non-terrestrial networks with automatic handover on board aircrafts or marine vessels and in border regions. Roaming providers shall take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home Member State.
Amendment 101 #
Proposal for a regulation Article 14 – paragraph 5 5. Roaming providers shall make available information to their customers on how to avoid inadvertent roaming in border regions
Amendment 102 #
Proposal for a regulation Article 15 – paragraph 6 6. Roaming providers shall take reasonable steps to protect
Amendment 103 #
Proposal for a regulation Article 15 – paragraph 6 6. Roaming providers shall take
Amendment 104 #
Proposal for a regulation Article 15 – paragraph 7 – subparagraph 1 This Article, with the exception of paragraph 6,
Amendment 105 #
Proposal for a regulation Article 16 – paragraph 1 Roaming providers shall ensure that their roaming customers are kept adequately informed on the means of access to emergency services in the visited Member State. This shall include equivalent access and choice for end-users with disabilities in accordance with Directive (EU) 2018/1972.
Amendment 106 #
Proposal for a regulation Article 16 – paragraph 2 An automatic message from the roaming provider shall inform the roaming customer that the latter may access emergency services free of charge by calling the single European emergency number ‘112’ and by alternative means of access to emergency services through emergency communications mandated in the visited Member State. The information shall be delivered to the roaming customer’s mobile device by an SMS message, and via all the appropriate means established in Directive (EU) 2018/1972, in order to ensure that end-users with disabilities can access emergency services on an equivalent basis with others, every time the
Amendment 107 #
Proposal for a regulation Article 16 – paragraph 2 An automatic message from the roaming provider shall inform the roaming customer that the latter may access emergency services free of charge by calling the single European emergency number ‘112’ and by alternative means of access to emergency services through emergency communications mandated in the visited Member State and any alternative public warning systems as set down in Article 110 of Directive (EU) 2018/19721a . The information shall be delivered to the roaming customer’s mobile device by an SMS message, every time the roaming customer enters a Member State other than that of his domestic provider. It shall be provided free of charge at the moment the roaming customer initiates a roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension. __________________ 1aDirective (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast)
Amendment 108 #
Proposal for a regulation Article 17 – paragraph 1 BEREC shall establish and maintain a single Union-wide database of value added services numbering ranges in each Member State to be made accessible for national regulatory authorities and operators and shall create the necessary conditions for roaming providers to ensure that the use of value added services is provided under the same prices as if such services were consumed domestically. BEREC shall ensure adequate means of access to emergency services to customers, in particular to persons with disabilities in accordance with Directive (EU) 2018/1972. The database shall be established by 31 December 2023. To that end, the NRA or other competent authorities shall, by electronic means, provide the necessary information and the relevant updates to BEREC without undue delay.
Amendment 109 #
Proposal for a regulation Article 17 – paragraph 1 BEREC shall establish and maintain a single Union-wide database of value added services numbering ranges in each Member State to be made accessible for national regulatory authorities and operators. The database shall be established
Amendment 110 #
Proposal for a regulation Article 17 a (new) Article 17a Application of retail charges for value- added services 1. Roaming customers that are roaming within the Union shall in principle pay the same amount as local customers for value-added services and other non-emergency crucial communications services of social value and ensure that customers keep paying the same price as at home when resorting to those services from their home country when travelling within the Union, if technically feasible. 2. Without prejudice to paragraph 1, customers shall be informed in their contract and notified and warned upfront, in a timely, user-friendly manner and free of charge, when communications to value added services numbers in roaming can entail additional charges. They shall also be informed in a similar manner of any applicable cut-off limit which consumers can opt-out from, in line with the BEREC guidelines referred to in paragraph 3. 3. Within six months after the entry into force of this Regulation, and in order to contribute to the consistent application of this and related provisions, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, update its roaming guidelines regarding how to best implement provisions related to value-added services in the interest of consumers and the internal market.
Amendment 111 #
Proposal for a regulation Article 18 – paragraph 1 a (new) 1a. National regulatory authorities shall ensure that roaming all information referred to in Articles 9, 14, 15, 16, 17, and 18 which is provided to customers, is accessible for persons with disabilities in accordance with requirements of Directive (EU) 2019/882 (European Accessibility Act), the information does not exceed a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages, as well as is provided in easy-to-read format.
Amendment 112 #
Proposal for a regulation Article 18 – paragraph 2 2. National regulatory authorities and, where relevant, BEREC shall make up-to- date information on the application of this Regulation, in particular Articles 5, 6, 7, 9, 10, 11, and 12, 13, and 18 (new)publicly available in a manner that enables accessible to interested parties to have easy access to it, including to persons with disabilities.
Amendment 113 #
Proposal for a regulation Article 18 – paragraph 2 2. National regulatory authorities and, where relevant, BEREC shall make up-to- date information on the application of this Regulation, in particular Articles 5, 6, 7, 9, 10, 11,
Amendment 114 #
Proposal for a regulation Article 18 a (new) Article 18a Accessibility of information provided to customers Roaming providers shall ensure that all information referred to in Articles 9, 14, 15, 16, 17, and 18 which is provided to customers, is accessible for persons with disabilities in accordance with requirements of Directive (EU) 2019/882 (European Accessibility Act), the information does not exceed a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages, as well as is provided in easy-to-read format.
Amendment 115 #
Proposal for a regulation Article 18 a (new) Article 18a Accessibility of information provided to customers Roaming providers shall ensure that all information provided to customers, in particular the information contained in Articles 9, 14, 15, 16, 17 and 18, is accessible for persons with disabilities, in accordance with Directive (EU) 2019/882. Information shall be provided in easy-to- read format and shall not exceed a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.
Amendment 116 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 The Commission shall
Amendment 117 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 The Commission shall , after consulting BEREC, submit two reports to the European Parliament and to the Council. Where necessary, after submitting each report, the Commission shall
Amendment 118 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 2 – point a a (new) (aa) the uptake of the new technologies and measures minimising the risk of inadvertent roaming by the operators and to what extent these technologies contributed to limiting issues for consumers living in border regions.
Amendment 119 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 2 – point c (c) the evolution of the machine-to- machine
Amendment 120 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 2 – point i a (new) (ia) the impact of the obligation to ensure the highest quality of service available when travelling;
Amendment 121 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 2 – point j (j) the extent to which roaming customers and operators face problems in relation to value added services and how those problems can be best resolved to protect consumers and secure an internal single market;
Amendment 122 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 2 – point j (j) the extent to which roaming customers and operators face problems in relation to value added services and the extent to which BEREC database addressed these problems;
Amendment 123 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 2 – point j (j) the extent to which roaming customers and operators face problems in relation to value added services, inadvertent roaming and how those problems can be resolved;
Amendment 124 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 2 – point k a (new) (ka) effectiveness of this Regulation on ensuring equal access to electronic communications by persons with disabilities when travelling within EU/EEA.
Amendment 125 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 2 – point k a (new) (ka) The effectiveness of this Regulation on ensuring equal access to electronic communications by persons with disabilities.
Amendment 126 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 In order to assess competitive developments in the Union-wide roaming markets, BEREC shall collect data regularly 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 , on the use of trading platforms and similar instruments, on the development of machine-to-machine roaming
Amendment 127 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 In order to assess competitive developments in the Union-wide roaming markets, BEREC shall collect data regularly 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
Amendment 128 #
Proposal for a regulation Article 22 Amendment 129 #
Proposal for a regulation Article 23 Amendment 131 #
Proposal for a regulation Article 26 – paragraph 1 a (new) This Regulation shall apply from the date of its entry into force. However, Articles 14 and 16 shall apply from 1 April 2023.
Amendment 132 #
Proposal for a regulation Article 26 – paragraph 2 Amendment 28 #
Proposal for a regulation Recital 4 (4) As Regulation (EU) No 531/2012 expires on 30 June 2022, the aim of this Regulation is to
Amendment 29 #
Proposal for a regulation Recital 8 (8) A common, harmonised approach should be employed for ensuring that users of
Amendment 30 #
Proposal for a regulation Recital 8 (8) A common, harmonised approach should be employed for ensuring that users of
Amendment 31 #
Proposal for a regulation Recital 9 (9) The widespread use of internet- enabled mobile devices means that data roaming is of great economic significance, especially given the growing importance of the Internet of Things (IoT) and a number of these devices moved during travels abroad. This is relevant for both users and providers of applications and content. In order to stimulate the development of this market, charges for data transport should not impede growth , in particular considering that the deployment of 5G networks and services is expected to grow steadily
Amendment 32 #
Proposal for a regulation Recital 9 (9) The widespread use of internet- enabled mobile devices means that data roaming is of great economic significance. This is
Amendment 33 #
Proposal for a regulation Recital 10 (10) Directive 2002/19/EC of the European Parliament and of the Council60 , Directive 2002/20/EC of the European Parliament and of the Council61 , Directive 2002/21/EC of the European Parliament and of the Council62 , Directive 2002/22/EC of the European Parliament and of the Council63 and Directive 2002/58/EC of the European Parliament and of the Council64 aimed to create an internal market for electronic communications within the Union while ensuring a high level of consumer protection through enhanced competition.
Amendment 34 #
Proposal for a regulation Recital (14) (14) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. Obstacles to access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings, should be removed. To that end, wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically
Amendment 35 #
Proposal for a regulation Recital (14) (14) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. Obstacles to access to such wholesale
Amendment 36 #
Proposal for a regulation Recital 15 (15) Therefore an obligation to meet
Amendment 37 #
Proposal for a regulation Recital 15 (15) Therefore an obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services should be laid down . Such access should be in line with the needs of those seeking access. End-users of services requiring modern technologies and retail roaming services should be able to enjoy, where possible, the same quality of service when roaming as domestically. A wholesale roaming access obligation should therefore ensure that access seekers can replicate the retail services offered domestically, unless mobile network operators requested to provide access can prove that it is technically unfeasible to do so. Access should be refused only on the basis of objective criteria, such as technical feasibility and the need to maintain network integrity. Where access is refused, the aggrieved party should be able to submit the case for dispute resolution in accordance with the procedure set out in this Regulation. 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 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 should contribute to avoiding distortions between Member States. BEREC should, in coordination with the Commission and in collaboration with the relevant stakeholders, issue guidelines for wholesale access for the purpose of providing roaming services.
Amendment 38 #
Proposal for a regulation Recital 19 (19) The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) requires its parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems. Directive (EU) 2018/1972 aims to ensure the provision throughout the Union of good quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including those with disabilities in order to access the services on an equal basis with others, are not satisfactorily met by the market and to lay down the necessary end-user rights. In accordance with Article 109 of Directive (EU) 2018/1972, all end-users should have access to emergency services, free of charge, through emergency communications to the most appropriate public safety answering point (PSAP). Member States are also required to ensure that access for end-users with disabilities to emergency services is available through emergency communications and is equivalent to that enjoyed by other end- users. Consequently, emergency communications are a means of communication that includes not only voice communications services, but also SMS, messaging, video or other types of communications, for example real time text, total conversation and relay services. It is for the Member States to determine the type of emergency communications that are technically feasible to ensure roaming customers access to emergency services. In order to ensure that roaming customers have access to emergency communications under the conditions laid down in Article 109 of Directive (EU) 2018/1972, visited network operators should inform the roaming provider through the wholesale roaming agreement about what type of emergency communications are mandated under national measures in the visited Member State. In addition, wholesale roaming agreements should include information on the technical parameters for ensuring access to emergency services, including for roaming customers with disabilities, as well as for ensuring the transmission of caller location information, including handset-derived information, to the most appropriate PSAP in the visited Member State. Such information should allow the roaming provider to identify and provide the emergency communication and the transmission of caller location free of
Amendment 39 #
Proposal for a regulation Recital 19 (19) Given that the Union is a party to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), the provisions of the Convention are an integral part of the Union law and are binding upon the Union and its Member States. The UN CRPD requires its parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems. To that end, Directive (EU) 2018/1972 aims to: “ensure the provision throughout the Union of good quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including those with disabilities in order to access the services on an equal basis with others, are not satisfactorily met by the market and to lay down the necessary end-user rights.”. In accordance with Article 109 of Directive (EU) 2018/1972, all end-users should have access to emergency services, free of charge, through emergency communications to the most appropriate public safety answering point (PSAP). Member States are also required to ensure that access for end-users with disabilities to emergency services is available through emergency communications and is equivalent to that enjoyed by other end- users. Importantly, pursuant to that Directive: “emergency communications are a means of communication that includes not only voice communications services, but also SMS, messaging, video or other types of communications, for example real time text, total conversation and relay services.” It is for the Member States to determine the type of emergency communications that are technically feasible to ensure roaming customers access to emergency services. In order to ensure that roaming customers have access to emergency communications under the conditions laid down in Article 109 of Directive (EU) 2018/1972, visited network operators should inform the roaming provider through the wholesale roaming agreement about what type of emergency communications are mandated under national measures in the visited Member State. In addition, wholesale roaming agreements should include information on the technical parameters for ensuring access to emergency services, including for roaming customers with disabilities, as well as for ensuring the transmission of caller location information to the most appropriate PSAP in the visited Member State. Such information should allow the roaming provider to identify and provide the emergency communication and the transmission of caller location free of charge.
Amendment 40 #
Proposal for a regulation Recital 19 (19)
Amendment 41 #
Proposal for a regulation Recital 28 (28) Roaming customers should, to the greatest extent possible, be able to use the retail services that they subscribe to
Amendment 42 #
Proposal for a regulation Recital 28 (28) Roaming customers should, to the greatest extent possible, be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home, when roaming in the Union. To that end, roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. In particular, the same as advertised quality of service should be offered to customers when roaming, if technically feasible. Additionally, roaming providers should make it possible for the consumer to verify the estimated download and upload speed, latency and available data transfer technology.
Amendment 43 #
Proposal for a regulation Recital 28 (28) Roaming customers should
Amendment 44 #
Proposal for a regulation Recital (29) (29) Roaming providers should be able to apply a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price in very limited circumstances. The ‘fair use policy’
Amendment 45 #
Proposal for a regulation Recital (29) (29) Roaming providers should be able to apply a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price. The ‘fair use policy’ is intended to prevent abusive or anomalous usage of regulated retail roaming services by roaming customers, such as the use of such services by roaming customers in a Member State other than that of their domestic provider for purposes other than periodic travel. Roaming providers
Amendment 46 #
Proposal for a regulation Recital (29) (29) Roaming providers should be able to apply a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable
Amendment 47 #
Proposal for a regulation Recital 35 (35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of service. The
Amendment 48 #
Proposal for a regulation Recital 35 (35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of service. Those specifications should include clear and comprehensible information about the level of quality of service the operator must guarantee towards consumers. The provider should also make available information on relevant factors that can further affect the quality of service,
Amendment 49 #
Proposal for a regulation Recital 35 (35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of service. The provider should make available clear and comprehensible information on relevant factors that can affect the quality of service, such as availability of certain technologies, coverage or variation due to external factors such as topography, as well as information regarding transfer rate and available access technologies of each visited operator in each Member State.
Amendment 50 #
Proposal for a regulation Recital 35 (35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including
Amendment 51 #
Proposal for a regulation Recital 35 (35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of service. The provider should ensure the highest quality of service available in the country and should make available information on relevant factors that can affect it
Amendment 52 #
Proposal for a regulation Recital 35 (35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming
Amendment 53 #
Proposal for a regulation Recital 35 a (new) (35a) A contract which includes any type of regulated retail roaming service should include clear information on the procedure to file complaints if the quality of service is not guaranteed. The roaming provider should handle the complaints in a timely and effective manner.
Amendment 54 #
Proposal for a regulation Recital 36 (36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency and appropriate regulation on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain
Amendment 55 #
Proposal for a regulation Recital 36 (36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to particular pricing conditions at the national level. Th
Amendment 56 #
Proposal for a regulation Recital 36 (36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to particular pricing conditions at the national level. This Regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. Nevertheless, the RLAH principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. However, this is not always the case when roaming. End-users
Amendment 57 #
Proposal for a regulation Recital 36 (36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to
Amendment 58 #
Proposal for a regulation Recital 43 (43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State.
Amendment 59 #
Proposal for a regulation Recital 43 (43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State.
Amendment 60 #
Proposal for a regulation Recital 43 (43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges
Amendment 61 #
Proposal for a regulation Recital 43 (43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State. Since certain customer groups might be well
Amendment 62 #
Proposal for a regulation Recital 44 (44) This Regulation should in relation to regulated retail roaming services lay down specific transparency requirements aligned with the specific tariff and volume conditions applicable following the abolition of the retail roaming surcharges
Amendment 63 #
Proposal for a regulation Recital 45 (45) Customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming or to the use of non-terrestrial networks with automatic handover on marine vessels and on board aircrafts. Roaming providers should therefore take reasonable steps to protect and inform in a clear and intelligible manner customers against incurring
Amendment 64 #
Proposal for a regulation Recital 45 (45) Customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming
Amendment 65 #
Proposal for a regulation Recital 45 (45) Customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming. Roaming providers should therefore take reasonable steps to protect customers against incurring roaming charges while they are located in their Member State, including by enrolling a dedicated software, equipment and algorithms preventing inadvertent roaming. This should include adequate information measures in order to empower customers to actively prevent such instances of inadvertent roaming. National regulatory authorities should be alert to situations in which customers face problems with paying roaming charges while they are still located in their Member State and should take appropriate steps to mitigate the problem.
Amendment 66 #
Proposal for a regulation Recital 47 (47) In addition, in order to avoid bill shocks, roaming providers should define
Amendment 67 #
Proposal for a regulation Recital 47 (47) In addition, in order to avoid bill shocks, roaming providers should define one or more maximum financial and/or volume limits for their outstanding charges for all data roaming services, expressed in the currency in which the roaming customer is billed, and which they should offer to all
Amendment 68 #
Proposal for a regulation Recital 49 a (new) (49a) Price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. This continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.
Amendment 69 #
Proposal for a regulation Recital 50 (50) There are considerable disparities between regulated roaming tariffs within the Union and roaming tariffs incurred by customers when they are travelling outside the Union, which are significantly higher than prices within the Union, where roaming surcharges are only exceptionally applied following the abolition of retail roaming charges
Amendment 70 #
Proposal for a regulation Recital 50 a (new) (50a) Roaming tariffs incurred by roaming customers when they connect, actively or inadvertently, to non-terrestrial networks are significantly higher than tariffs for regulated roaming services. Therefore, additional safeguard and transparency measures should be introduced to apply also on roaming on non-terrestrial networks on board vessel and aircraft, due to the limited tools protecting roaming customers on non- terrestrial networks.
Amendment 71 #
Proposal for a regulation Recital 53 (53) Number ranges, including those used for value added services, are set in the national numbering plans and are not harmonised at Union level. Operators may therefore not be able to recognise the numbering ranges for value added services in all countries in advance. Numbering ranges used for value added services are subject to particular pricing conditions at the national level and in many cases their termination rates are not regulated. While this is understood to roaming providers, the level of the wholesale charges they will incur may still be unexpectedly high. In a roaming scenario, operators are sometimes unable to address this issue, because they lack information on number ranges used for value added services throughout the Union. To address this problem BEREC should establish and maintain a single Union-
Amendment 72 #
Proposal for a regulation Recital 53 (53) Number ranges, including those used for value added services, are set in the national numbering plans and are not harmonised at Union level. Operators may therefore not be able to recognise the numbering ranges for value added services in all countries in advance. Numbering ranges used for value added services are subject to particular pricing conditions at the national level and in many cases their termination rates are not regulated. While this is understood to roaming providers, the level of the wholesale charges they will incur may still be unexpectedly high. In a roaming scenario, operators are unable to address this issue, because they lack information on number ranges used for value added services throughout the Union. To address this problem BEREC should establish and maintain a single Union- wide, secure database for value added services’ numbering ranges. The database is intended as a transparency tool that will enable National Regulatory Authorities (NRAs) and operators to have direct access to information about which numbering ranges can generate higher costs
Amendment 73 #
Proposal for a regulation Recital 59 (59) It is necessary to monitor and to review regularly the functioning of wholesale roaming markets and their interrelationship with the retail roaming markets, taking into account competitive and technological developments and traffic flows. The Commission should submit two reports to the European Parliament and to the Council. In its biennial reports, the Commission should, in particular, assess whether RLAH has any impact on the evolution of tariff plans available on the retail markets. That should include, on the one hand, an assessment of any emergence of tariff plans that include only domestic services and that exclude retail roaming services altogether, thus undermining the very objective of RLAH and, on the other, 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
Amendment 74 #
Proposal for a regulation Recital 62 Amendment 75 #
Proposal for a regulation Recital 63 (63) Since the objectives of this Regulation, namely to provide for a common approach for ensuring that users of public mobile communications
Amendment 76 #
Proposal for a regulation Recital 63 (63) Since the objectives of this Regulation, namely to provide for a common approach for ensuring that users of public mobile communications networks and users of non-terrestrial networks in aircrafts and vessels, when travelling within the Union, do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, while increasing consumer protection, transparency and ensuring sustainability of the provision of retail roaming services at domestic prices
Amendment 77 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) ‘visited network’ means a
Amendment 78 #
Proposal for a regulation Article 2 – paragraph 2 – point f (f) ‘roaming customer’ means a customer of a roaming provider of regulated roaming services, by means of a
Amendment 79 #
Proposal for a regulation Article 3 – paragraph 1 1. Mobile network operators shall meet all reasonable requests for wholesale roaming access , in particular allowing the roaming provider to
Amendment 80 #
Proposal for a regulation Article 3 – paragraph 3 3. Wholesale roaming access shall cover access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of regulated roaming services to customers
Amendment 81 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 82 #
Proposal for a regulation Article 5 a (new) Article 5a Abolition of retail charges for regulated intra-EU communications 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs of services terminating in the same Member State, unless the provider demonstrates the existence of direct costs that are objectively justified. 2. Six months after the entry into force of this Regulation, BEREC shall provide guidelines on the recovery of such objectively justified direct costs pursuant to paragraph 1. 3. One year after the entry into force of this Regulation and biannually thereafter, the European Commission shall, after receiving an opinion by BEREC, provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra-Union communication tariffs.
Amendment 83 #
Proposal for a regulation Article 9 – paragraph 1 – subparagraph 1– point b a (new) (ba) roaming providers may not insist on the exceptional application of additional retail roaming charges for the use of retail roaming services due to the protracted stay of a European citizen in a Member State, whatever the circumstances. Roaming providers shall ensure that roaming customers are not obliged to comply with any clause on the duration of roaming.
Amendment 84 #
Proposal for a regulation Article 9 – paragraph 3 – introductory part 3. Without prejudice to Part III , Title III of Directive (EU) 2018/1972, roaming providers shall ensure the highest quality of service available in every country and shall guarantee that a contract which includes any type of regulated retail roaming service specifies the characteristics of that regulated retail roaming service provided, including in particular:
Amendment 85 #
Proposal for a regulation Article 9 – paragraph 3 – point c Amendment 86 #
Proposal for a regulation Article 9 – paragraph 3 – point c (c) clear and comprehensible information on the quality of service that can reasonably be expected when roaming in the Union, including in particular information on the speed and potential limitation to the transmission of data.
Amendment 87 #
Proposal for a regulation Article 9 – paragraph 3 – point c (c) clear and comprehensible information about the quality of service that can reasonably be expected when roaming in the Union including the estimated download and upload speed of the data access services.
Amendment 88 #
Proposal for a regulation Article 9 – paragraph 3 – point c (c)
Amendment 89 #
Proposal for a regulation Article 9 – paragraph 4 a (new) 4a. Roaming providers shall ensure that a contract includes clear information on the procedure to follow to file complaints if the quality of service is not guaranteed.
Amendment 90 #
Proposal for a regulation Article 9 – paragraph 5 a (new) 5a. Within six months after the entry into force of this Regulation, and in order to contribute to the consistent application of this and related provisions, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, update its retail roaming guidelines regarding the implementation of the quality of service, transparency and other relevant requirements to protect consumers under this Regulation.
Amendment 91 #
Proposal for a regulation Article 13 – paragraph 1 Without prejudice to Articles 10, 11 and 12, the visited network operator shall not levy on the roaming provider any charge related to the emergency communications initiated by the roaming customer and the transmission of caller location information. The visited network operator shall also not levy on the roaming provider any charge related to other non-emergency crucial communications services of social value initiated by the roaming customer.
Amendment 92 #
Proposal for a regulation Article 13 – paragraph 1 Without prejudice to Articles 10, 11 and 12, the visited network operator shall not levy on the roaming provider any charge related to the emergency communications initiated by the roaming customer and the transmission of caller location information. Visited network operator shall also not levy on the roaming provider any charge related other non-emergency crucial communications initiated by the roaming customer.
Amendment 93 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 3 Roaming providers shall, except when the roaming customer has notified the roaming provider that he does not require this service, provide the customer, automatically by means of a Message
Amendment 94 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 3 Roaming providers shall, except when the roaming customer has notified the roaming 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 the roaming customer enters a Member State other than that of his domestic provider, with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage providing information about the types of services that may be subject to increased costs and, if available, information on value added services number ranges. Such communications shall be guaranteed and easily accessible in particular for roaming customers living with a disability.
Amendment 95 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 3 Amendment 96 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 7 The first, second, fifth and sixth subparagraphs, with the exception of the reference to the fair use policy and the surcharge applied in accordance with Article 7, shall also apply to voice and SMS roaming services
Amendment 97 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 7 The first, second, fifth and sixth subparagraphs, with the exception of the reference to the fair use policy and the surcharge applied in accordance with Article 7, shall also apply to voice and SMS roaming services used by roaming customers travelling outside the Union and provided by a roaming provider and for using non-terrestrial networks on board of aircrafts or marine vessels.
Amendment 98 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 7 The first, second, fifth and sixth
Amendment 99 #
Proposal for a regulation Article 14 – paragraph 5 5. Roaming providers shall
source: 692.867
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