2021/0045(COD) Roaming Regulation
Lead committee dossier:
Progress: Awaiting Parliament's position in 1st reading
| 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 |
SCHWAB Andreas ( EPP)
|
Adam BIELAN ( ECR),
Rasmus ANDRESEN ( Verts/ALE),
Marco CAMPOMENOSI ( ID),
Anne-Sophie PELLETIER ( GUE/NGL),
Alex AGIUS SALIBA ( S&D),
Ivars IJABS ( RE)
|
| 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
2021/11/18
EP - SCHWAB Andreas (EPP) appointed as rapporteur in IMCO
2021/10/20
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2021/10/18
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2021/10/15
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Industry, Research and Energy adopted a report by Angelika WINZIG (EPP, AT) on the proposal for a regulation of the European Parliament and of the Council on Roaming on public mobile communications networks within the Union (recast).
As a reminder, this proposal for a recast of Regulation (EU) No 531/2012 on public mobile communications networks within the EU 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 committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Transparency obligations
In order to ensure increased transparency and customer protection while travelling, e.g. by plane and marine vessels , and to protect from unexpected high bills from inadvertent connection with non-terrestrial networks with automatic handover, the report proposed to extend transparency obligations to these specific situations.
Quality of service
Unless not feasible technically, the roaming services should be provided to customers under the same conditions as if such services were consumed domestically. Therefore, Members stressed that clear and comprehensible information regarding different elements of the quality of service while roaming should be included in customers’ contracts. The contract should also include information on the procedure for the filing of complaints available in cases where the quality of service does not correspond to the terms of the contract.
Customer protection
The roaming customer should receive information about any additional charges when using non-terrestrial networks on board aircrafts or marine vessels. Moreover, the report proposed that providers should actively give their customers, provided that the latter are located in the EU, on request and free of charge, additional information on the per-minute, per-text message or per-megabyte data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of text messages and data communication services in the visited Member State.
Cut off limits
Customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming, including for the use of non-terrestrial networks on board aircraft or marine vessels. Roaming providers should therefore take necessary measures such as cut-off limits as well as opt-in or opt-out mechanisms to roam in a network outside the EU, where technically feasible.
Free emergency calls
Members suggested that roaming providers should inform roaming customers of the possibility to access emergency services free of charge by calling the single European emergency number ‘112’ and by alternative means of access through emergency communications technically feasible to be used by roaming customers, particularly by those with disabilities.
Roaming in third countries
EU citizens still face very high roaming fees when using mobile connections in third countries. In particular, citizens and businesses in external border regions would benefit greatly from roaming provisions with neighbouring countries similar to those in the EU. The Commission is therefore encouraged to include ‘roam-like-at-home’ provisions in future international agreements with third countries, in particular with regard to third countries directly bordering the Union. Bilateral agreements between operators in the Union and in third countries should be encouraged with the aim of minimising costs on the wholesale and at the retail level.
BEREC
BEREC should assess, on an ongoing basis, the regulatory framework for consumers, businesses and operators to ensure access to next generation connectivity such as 5G as well as future networks and technologies. It should establish and maintain a single Union-wide database containing the means of access to emergency communications that are mandated in each Member State. The database is intended to provide transparency to enable national regulatory authorities and operators to have direct access to information about how to access emergency communication in all Member States. The database should be made accessible for national regulatory authorities and operators by 31 December 2022.
The Commission should submit biennial reports to the European Parliament and to the Council which should be accompanied by a legislative proposal addressing any change of circumstances within the roaming market. The first such report shall be submitted by 30 June 2025.
Documents
2021/10/14
EP - Vote in committee, 1st reading
2021/10/14
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2021/09/16
EP - Opinion on the recast technique
Documents
2021/07/14
EP - Committee opinion
Documents
2021/07/07
ESC - Economic and Social Committee: opinion, report
Documents
2021/06/23
EP - Amendments tabled in committee
Documents
2021/06/16
CZ_SENATE - Contribution
Documents
2021/06/10
EP - Referral to associated committees announced in Parliament
2021/05/25
EP - Committee draft report
Documents
2021/03/24
EP - Committee referral announced in Parliament, 1st reading
2021/03/19
EP - WINZIG Angelika (EPP) appointed as rapporteur in ITRE
2021/02/25
EC - Document attached to the procedure
Documents
2021/02/25
EC - Document attached to the procedure
Documents
2021/02/25
EC - Document attached to the procedure
Documents
2021/02/25
EC - Document attached to the procedure
Documents
2021/02/24
EC - Legislative proposal
Details
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
Documents
- Committee report tabled for plenary, 1st reading: A9-0286/2021
- Opinion on the recast technique: PE697.557
- Committee opinion: PE692.718
- Economic and Social Committee: opinion, report: CES1368/2021
- Amendments tabled in committee: PE694.950
- Contribution: COM(2021)0085
- 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
- Amendments tabled in committee: PE694.950
- Economic and Social Committee: opinion, report: CES1368/2021
- Committee opinion: PE692.718
- Opinion on the recast technique: PE697.557
- Contribution: COM(2021)0085
Activities
- Izaskun BILBAO BARANDICA
Plenary Speeches (0)
- Dita CHARANZOVÁ
Plenary Speeches (0)
- Miapetra KUMPULA-NATRI
Plenary Speeches (0)
- Csaba MOLNÁR
Plenary Speeches (0)
- Andreas SCHWAB
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)
- Angelika WINZIG
Plenary Speeches (0)
- Lina GÁLVEZ MUÑOZ
Plenary Speeches (0)
| Amendments | Dossier |
| 335 |
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
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2021/06/23
ITRE
230 amendments...
Amendment 100 #
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
Amendment 101 #
Proposal for a regulation Recital 65 a (new) (65 a) (new recital) 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 102 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation provides for a common approach for ensuring that users of public mobile communications networks, when travelling within the Union, do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, when making calls and receiving calls, when sending and receiving SMS messages and when using packet switched data communication services, thereby contributing to the smooth functioning of the internal market while
Amendment 103 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation also lays down rules aimed at increasing transparency and improving the provision of information on charges to users of roaming services, including users of roaming services outside the European Union.
Amendment 104 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) ‘visited network’ means a
Amendment 105 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) ‘visited network’ means a
Amendment 106 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) ‘visited network’ means a
Amendment 107 #
Proposal for a regulation Article 2 – paragraph 2 a (new) 2 a. "online trading platform" means an electronic marketplace where roaming providers can agree wholesale tariffs for roaming services in future time periods. Key characteristics of an online trading platform are that only one-way trading of capacity and the anonymity of the participants on the exchange are in place.
Amendment 108 #
Proposal for a regulation Article 3 – paragraph 1 1. Mobile network operators shall meet all reasonable requests for wholesale roaming access
Amendment 109 #
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 replicate the retail mobile services offered domestically, when technically
Amendment 110 #
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 111 #
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 replicate the retail mobile services offered domestically,
Amendment 112 #
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 replicate the retail mobile services offered domestically,
Amendment 113 #
Proposal for a regulation Article 3 – paragraph 3 3. Wholesale roaming access shall cover access to all network elements and
Amendment 114 #
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 115 #
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 116 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3 a. BEREC shall, in close cooperation with the Commission and the relevant stakeholders, assess the possible future proof regulatory framework for consumers, businesses and operators to facilitate the access to next generation connectivity and modern technologies and to ensure the interoperability of key digital infrastructures, such as extensive 5G and future networks
Amendment 117 #
Proposal for a regulation Article 3 – paragraph 3 b (new) 3 b. Commission shall provide assessments of the M2M and IoT connectivity market in timely manner in order to build on necessary recommendations in close cooperation with BEREC and relevant stakeholders.
Amendment 118 #
Proposal for a regulation Article 3 – paragraph 5 5. Mobile network operators shall publish a reference offer, taking into account the BEREC guidelines referred to in paragraph 8, and make it available to an undertaking requesting wholesale roaming access. Mobile network operators shall provide the undertaking requesting access with a draft contract, complying with this Article, for such access at the latest one month after the initial receipt of the request by the mobile network operator. The wholesale roaming access shall be granted within a reasonable period of time not exceeding three months from the conclusion of the contract. Mobile network operators receiving a wholesale roaming access request and undertakings requesting access shall negotiate in good faith and transparency.
Amendment 119 #
Proposal for a regulation Article 3 – paragraph 6 – subparagraph 1 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. Where specified in a reference offer, such conditions shall include the specific measures that the visited network operator may take to
Amendment 120 #
That reference offer may include conditions to prevent
Amendment 121 #
Proposal for a regulation Article 3 – paragraph 6 – subparagraph 4 The visited network operator may terminate the wholesale roaming agreement unilaterally on grounds
Amendment 122 #
Proposal for a regulation Article 3 – paragraph 6 – subparagraph 10 If necessary, national regulatory authorities shall impose changes to reference offers, including as regards the specific measures that the visited network operator may take to prevent
Amendment 123 #
Proposal for a regulation Article 3 – paragraph 6 a (new) 6 a. Roaming providers shall ensure that they have the ability to trade wholesale roaming traffic through an online trading platform when this regulation enters into force. In the calendar year 2023 and for each year thereafter, wholesale roaming users shall make available not less than 25% of their roaming requirements in the previous year by volume in the EEA over the exchange. The calculation of roaming requirements may exclude roaming capacity traded between members of the same company group and roaming capacity already contracted before this regulation enters into force.
Amendment 124 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 125 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 126 #
Proposal for a regulation Article 5 – paragraph 2 2. Roaming providers shall ensure, when technically
Amendment 127 #
Proposal for a regulation Article 5 – paragraph 2 2. Roaming providers shall ensure, when technically feasible, that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically, in particular in terms of quality of service, including with regard to an instant and seamless handover between mobile communications networks at internal EU borders, as compared to when roaming domestically.
Amendment 128 #
Proposal for a regulation Article 5 – paragraph 2 2. Roaming providers shall ensure, when technically feasible, that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically, in particular in terms of quality of service. Commercial practices that result in lowering the quality of service for consumers are forbidden.
Amendment 129 #
Proposal for a regulation Article 5 – paragraph 2 2. Roaming providers shall ensure,
Amendment 130 #
Proposal for a regulation Article 5 – paragraph 2 2. Roaming providers shall
Amendment 131 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. In order to contribute to the consistent application of this Article, BEREC shall, by ...[6 months after the entry into force of this Regulation],after consulting stakeholders and in close cooperation with the Commission, update its retail guidelines regarding the implementation of the quality of service measures. Such guidelines shall also provide more clarity around data speed and other quality of service parameters provided while roaming
Amendment 132 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. Within six months after the adoption 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 the implementation of the quality of service, transparency and other relevant requirements to protect roaming customers under this Regulation.
Amendment 133 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. Mobile network operators will not intentionally or fraudulently prevent, if there are no technical problems, the access of companies that have to use their network.
Amendment 134 #
Proposal for a regulation Article 5 – paragraph 2 b (new) 2 b. As a general principle where the same generation of mobile communication networks and technologies are available on the visited network, the roaming provider shall offer regulated roaming services under same conditions than offered domestically. If the roaming providers offers inferior conditions than offered domestically, it shall inform users and indicate whether it is due to technical, commercial or any other reason.
Amendment 135 #
Proposal for a regulation Article 5 – paragraph 2 b (new) 2 b. BEREC shall closely monitor the market and provide follow up assessments. Special attention shall be brought to the assessment of the quality of service, including reports on the statistics about complaints received by consumers on the quality of services, the suitability of the existing regulatory approach/regulation and the adequacy of the different mechanisms as regards to characteristics of M2M and IoT.
Amendment 136 #
Proposal for a regulation Article 5 a (new) Amendment 137 #
Proposal for a regulation Article 5 a (new) Amendment 138 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Roaming providers may apply in accordance with this Article and the implementing acts referred to in Article 8 a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price level
Amendment 139 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Roaming providers may apply in accordance with this Article and the implementing acts referred to in Article 8 a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price level, in order to prevent
Amendment 140 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.
Amendment 141 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.
Amendment 142 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Roaming providers may apply in accordance with this Article and the
Amendment 143 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 Any fair use policy shall enable the roaming provider’s customers to consume volumes of regulated retail roaming services at the applicable domestic retail price that
Amendment 144 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 a (new) By way of derogation from paragraph 1, roaming providers may not apply surcharges for the consumption of regulated retail roaming services under the fair use policy in the event of force majeure, following public health emergencies as provided for in Regulation (EU) No .... /(Regulation of the European Parliament and of the Council on serious cross-border threats to health and repealing Decision No 1082/2013/EU), natural disasters or any other event involving the temporary closure of borders or an obligation on the part of the roaming customer to involuntarily extend the duration of his temporary stay in another Member State.
Amendment 145 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 (new) In the event of a cut-off limit when the fair use policy limits are exceeded, the roaming customer must be informed thereof clearly, sufficiently in advance and free of charge by SMS by the roaming provider.
Amendment 146 #
Proposal for a regulation Article 8 – paragraph 1 1. In order to ensure consistent application of Articles 6 and 7, the Commission shall, after having consulted BEREC, adopt and periodically review in the light of market developments implementing acts laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the provision of retail roaming services at domestic prices and on the application to be submitted by a roaming provider for the purposes of that assessment. Those implementing acts shall be adopted with the objective to limit the application of fair use policies in the Union leading to a progressive phase-out of their application. These implementing acts shall be in accordance with the examination procedure referred to in Article 4(2).
Amendment 147 #
Proposal for a regulation Article 8 – paragraph 1 1. In order to ensure consistent application of Articles 6 and 7, the Commission shall, after having consulted BEREC, adopt and periodically review in the light of market developments implementing acts laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the provision of retail roaming services at domestic prices and on the application to be submitted by a roaming provider for the purposes of that assessment. Those implementing acts shall be adopted with the objective to limit the application of fair use policies in the Union leading to a progressive phase-out of their application. These implementing acts shall be in accordance with the examination procedure referred to in Article 4(2).
Amendment 148 #
Proposal for a regulation Article 8 – paragraph 1 1.
Amendment 149 #
Proposal for a regulation Article 8 – paragraph 2 – point -a (new) (-a) the exceptional character of fair use provisions with a view of eliminating costs that do not stem from competitive behaviour;
Amendment 150 #
Proposal for a regulation Article 8 – paragraph 2 – point c (c) the travelling patterns in the Union and potential impact on them of extraordinary circumstances, such as situations of force majeure;
Amendment 151 #
Proposal for a regulation Article 8 – paragraph 2 – point c (c) the professional and leisure travelling patterns in the Union;
Amendment 152 #
Proposal for a regulation Article 8 – paragraph 2 – point d a (new) (d a) a path towards phasing out fair use mechanisms.
Amendment 153 #
Proposal for a regulation Article 8 – paragraph 4 4. The national regulatory authority shall strictly monitor and supervise the application of the fair use policy and the measures on the sustainability of the provision of retail roaming services at domestic prices , taking utmost account of relevant objective factors specific to the Member State concerned and of relevant objective variations between roaming providers. Without prejudice to the procedure set out in Article 7(3), the national regulatory authority shall in a timely and transparent manner enforce the requirements of Articles 6 and 7 and the implementing acts provided for in paragraph 2 of this Article. The national regulatory authority may at any time require the roaming provider to amend or discontinue the surcharge if it does not comply with Article 6 or 7. The national regulatory authority shall inform the Commission annually concerning the application of Articles 6 and 7, and of this Article.
Amendment 154 #
Proposal for a regulation Article 8 – paragraph 5 5. Implementing Regulation (EU)
Amendment 155 #
Proposal for a regulation Article 8 – paragraph 5 5. Implementing Regulation (EU) 2016/2286 shall continue to apply until the entry into force of a new implementing act adopted pursuant to paragraph 1. Providers shall gradually phase out the general application of fair use policy, which can only be applied when anomalous or abusive use of wholesale roaming access, permanent roaming or justified fraudulent practices are observed.
Amendment 156 #
Proposal for a regulation Article 8 – paragraph 5 5. Implementing Regulation (EU) 2016/2286 shall continue to apply until the entry into force of a new implementing act
Amendment 157 #
Proposal for a regulation Article 9 – paragraph 3 – point c Amendment 158 #
Proposal for a regulation Article 9 – paragraph 3 – point c (c) the quality of service that can
Amendment 159 #
Proposal for a regulation Article 9 – paragraph 3 – point c (c) the quality of the roaming service that can reasonably be expected when roaming in the Union.
Amendment 160 #
Proposal for a regulation Article 10 – paragraph 1 1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a
Amendment 161 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1 a. The wholesale caps for voice should follow the same gliding path provided for in the single Union-wide mobile voice termination rates set for the years 2022, 2023 and 2024 in accordance with Article 75 (1) of Directive (EU) 2018/1972.
Amendment 162 #
Proposal for a regulation Article 11 – 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 SMS message originating on that visited network shall not exceed a safeguard limit of EUR 0,00
Amendment 163 #
Proposal for a regulation Article 12 – paragraph 1 1. 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 2,
Amendment 164 #
Proposal for a regulation Article 12 – paragraph 1 1. 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 165 #
Proposal for a regulation Article 12 – paragraph 1 1. 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 166 #
Proposal for a regulation Article 12 – paragraph 1 1. 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 167 #
Proposal for a regulation Article 12 – paragraph 1 1. 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 168 #
Proposal for a regulation Article 12 – paragraph 1 1. 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
Amendment 169 #
Proposal for a regulation Article 12 – paragraph 1 1. 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 2,00 per gigabyte of data transmitted. That maximum wholesale charge shall decrease to EUR 1,
Amendment 170 #
Proposal for a regulation Article 12 – paragraph 1 1. 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 2,
Amendment 171 #
Proposal for a regulation Article 12 – paragraph 1 1. 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 172 #
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. By extension visited network operator shall also not levy on the roaming provider any charge related other non- emergency crucial communications initiated by the roaming customer such as free of charge local helplines and accessibility relay services for persons with disabilities.
Amendment 173 #
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
Amendment 174 #
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 roaming provider any charge related other non-emergency crucial communications initiated by roaming customer.
Amendment 175 #
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. Communications to value added services must also be priced at the applicable domestic retail price level.
Amendment 176 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 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. Roaming providers shall also ensure that the use of value added service is provided under the same conditions as if such services were consumed domestically.
Amendment 177 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 Roaming providers shall, except when the roaming customer has notified the roaming provider that he does not require this service, provide the customer no later than two months after the establishment of the database of value added services referred to in Article 17, 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.
Amendment 178 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 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 free 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
Amendment 179 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 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 hosted by BEREC providing information about the types of services that may be subject to increased costs and, if available, information on value added services number ranges.
Amendment 180 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 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
Amendment 181 #
Proposal for a regulation Article 14 – paragraph 1 a (new) 1 a. The Commission shall introduce a rule that value-added services must cost the same for roaming consumers as nationals of that EU/EEA country.
Amendment 182 #
Proposal for a regulation Article 14 – paragraph 5 a (new) 5 a. The Commission shall further assess the possibility of opt-in requirement to swift and clear minimum information requirements for where appropriate also warning messages and cut-off limits to avoid bill shocks.
Amendment 183 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Where appropriate, roaming providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, roaming providers shall notify to their customers, free of charge
Amendment 184 #
Proposal for a regulation Article 15 – paragraph 2 – introductory part 2. An automatic message from the roaming provider shall inform the roaming customer, in an accessible manner for everyone including disabled people, that the latter is using regulated data roaming services, and provide basic personalised tariff information on the charges (in the currency of the home bill provided by the customer’s domestic provider) applicable to the provision of regulated data roaming services to that roaming customer in the Member State concerned, except where the customer has notified the roaming provider that he does not require that information.
Amendment 185 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 The information shall be delivered to the roaming customer’s mobile device in an accessible manner for everyone including disabled people, for example by an SMS message, an e-mail or a pop-up window on the mobile device, every time the roaming customer enters a Member State other than that of his domestic provider and initiates for the first time a data roaming service in that particular Member State. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 186 #
Proposal for a regulation Article 15 – paragraph 3 3. The roaming provider shall send a notification in an accessible manner for everyone including disabled people when the applicable fair use volume of regulated data roaming service is fully consumed or any usage threshold applied in accordance with Article 7 is reached. That notification shall indicate the surcharge that will be applied to any additional consumption of regulated data roaming services by the roaming customer. Each customer shall have the right to require the roaming provider to stop sending such notifications and shall have the right, at any time and free of charge, to require the roaming provider to provide the service again.
Amendment 187 #
Proposal for a regulation Article 15 – paragraph 4 – introductory part 4. Each roaming provider shall grant to all their roaming customers
Amendment 188 #
Proposal for a regulation Article 15 – paragraph 6 6. Roaming providers shall take
Amendment 189 #
Proposal for a regulation Article 15 – paragraph 6 a (new) 6 a. Roaming providers shall take reasonable steps to protect their customers from paying roaming charges for data services for inadvertently accessed non- terrestrial networks on board aircraft and vessels. In particular, each customer shall have the right at anytime easily and free of charge to opt-out from the use of such networks and shall have the right, at any time, easily and free of charge to require the roaming provider to enable access to such networks again.
Amendment 190 #
Proposal for a regulation Article 15 – paragraph 7 – introductory part 7. This Article, with the exception of
Amendment 191 #
Proposal for a regulation Article 15 – paragraph 7 – introductory part 7. This Article, with the exception of paragraph 6, the second subparagraph of paragraph 2 and paragraph 3, and subject to the second and third subparagraphs of this paragraph, shall also apply to data roaming services used by roaming customers travelling outside the Union and provided by a roaming provider and to data roaming services used by roaming customers when using non-terrestrial networks in vessels and aircrafts.
Amendment 192 #
Proposal for a regulation Article 15 – paragraph 7 – introductory part 7. This Article, with the exception of paragraph 6, the second subparagraph of paragraph 2 and paragraph 3, and subject to the second and third subparagraphs of this paragraph, shall also apply to data roaming services used by roaming customers travelling outside the Union and provided by a roaming provider and to using non-terrestrial networks.
Amendment 193 #
Proposal for a regulation Article 15 – paragraph 7 – subparagraph 1 Amendment 194 #
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 and shall ensure that the access including for persons with disabilities to emergency services is equivalent to that enjoyed by other users.
Amendment 195 #
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 the Directive 2018/1972, in order to ensure that end-users with disabilities can access emergency services on an equivalent basis with others, 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
Amendment 196 #
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, every time the roaming customer enters a Member State other than that of his domestic provider. The SMS shall contain a link to a dedicated webpage serving as a central information point where BEREC would provide regularly updated database. 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.
Amendment 197 #
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 no later than two months after the establishment of the database of emergency services referred to in Article 17 also 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, 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.
Amendment 198 #
Proposal for a regulation Article 17 – title Database for numbers of value added service and means of access to emergency services
Amendment 199 #
Proposal for a regulation Article 17 – title Database for numbers of value added service and emergency services
Amendment 200 #
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 service 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 people with disabilities in the modalities set in Directive 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
Amendment 201 #
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
Amendment 202 #
BEREC shall establish and maintain a single Union-wide database of value added services numbering ranges and of emergency services in each Member State to be made accessible for national regulatory authorities and operators. The database shall be established by 31 December 202
Amendment 203 #
Proposal for a regulation Article 17 a (new) Article 17 a Exceptional 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 ensure that customers keep paying the same price as at home when resorting to value added services from their home country when travelling within the Union, if technically feasible. 2. Without prejudice to paragraph 1, customers should 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 should 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 adoption 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 a single market.
Amendment 204 #
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 205 #
Proposal for a regulation Article 18 – paragraph 7 a (new) 7 a. 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 206 #
Proposal for a regulation Article 21 – paragraph new1 – introductory part new1. The Commission shall
Amendment 207 #
Proposal for a regulation Article 21 – paragraph new1 – introductory part new1. The Commission shall , after consulting BEREC, submit
Amendment 208 #
Proposal for a regulation Article 21 – paragraph new1 – introductory part new1. 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 209 #
Proposal for a regulation Article 21 – paragraph new1 – introductory part new1. The Commission shall , after consulting BEREC, submit
Amendment 210 #
Proposal for a regulation Article 21 – paragraph new1 – introductory part new1. The Commission shall , after consulting BEREC, submit
Amendment 211 #
Proposal for a regulation Article 21 – paragraph new1 – introductory part new1. The Commission shall , after consulting BEREC and consumer associations, submit two reports to the European Parliament and to the Council. Where necessary, after submitting each report, the Commission shall adopt a delegated act pursuant to Article 22 amending the maximum wholesale charges for regulated roaming services laid down in this Regulation. The first such report shall be submitted by 30 June 2025 and the second by 30 June 2029 .
Amendment 212 #
Proposal for a regulation Article 21 – paragraph new1 – introductory part new1. The Commission shall
Amendment 213 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point a (a) the availability and quality of services, including those which are an alternative to regulated retail voice, SMS and data roaming services, in particular in the light of technological developments and of the access to the different network technologies and generations
Amendment 214 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point a (a) the availability and effective quality of services, at retail and wholesale level, including those which are an alternative to regulated retail voice, SMS and data roaming services, in particular in the light of any potential commercial barriers, technological developments and of the access to the different network technologies and generations ;
Amendment 215 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point a a (new) (a a) Effectiveness of this regulation on ensuring equal access to electronic communications by persons with disabilities when travelling within the EU/EEA.
Amendment 216 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point a a (new) (a a) the impact of the roll-out and implementation of next generation mobile communication networks and technologies on the roaming market, in particular 5G;
Amendment 217 #
Proposal for a regulation Article 21 – paragraph nuevo1 – subparagraph 1 – point a a (new) (aa) the impact of the deployment of 5G communication networks and technologies on the roaming market;
Amendment 218 #
(b) the degree of competition in both the retail and wholesale roaming markets, in particular the actual wholesale rates paid by the operators and the competitive situation of small, independent or newly started operators,
Amendment 219 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point c (c) the evolution of roaming for the machine-to-
Amendment 220 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point d (d) the extent to which the implementation of the structural measures provided for in Article 3
Amendment 221 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point i (i) the impact of the application of fair use policies by operators in accordance with Article 8, including the identification of any inconsistencies in the application and implementation of such fair use policies and the extent to which those policies are needed in the future;
Amendment 222 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point i (i) the
Amendment 223 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point i a (new) (i a) the effectiveness of the quality of service obligations introduced in this Regulation and to which extent customers are properly informed and can benefit from a genuine RLAH experience;
Amendment 224 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point i a (new) (i a) the impact of the obligation to ensure the highest quality of service available when travelling;
Amendment 225 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – 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 resolved to protect customers and strengthen the internal market;
Amendment 226 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point j (j) the extent to which roaming customers and operators face problems in relation to value added services and inadvertent roaming;
Amendment 227 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point j a (new) (j a) the impact on equal access to electronic communications by persons with disabilities when travelling within EU/EEA.
Amendment 228 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point k (k) the
Amendment 229 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point k a (new) (k a) the impact of cybersecurity incidents
Amendment 230 #
Proposal for a regulation Article 21 – paragraph new1 – subparagraph 1 – point k b (new) (k b) the impact of the deployment and implementation of new network technologies
Amendment 231 #
Proposal for a regulation Article 21 – paragraph 2 – introductory part 2. In order to assess
Amendment 232 #
Proposal for a regulation Article 21 – paragraph 2 – introductory part 2. 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 and Internet of Things, and on the extent to which wholesale roaming agreements cover quality of service and give access to different network technologies and generations. BEREC shall also collect data regularly from national regulatory authorities on the application of fair use policy by operators, the developments of domestic-only tariffs, the application of the sustainability mechanisms and complaints on roaming. When consulted pursuant to paragraph 1, BEREC shall collect and provide additional information on transparency, the application of measures on emergency communication and on value added services .
Amendment 233 #
Proposal for a regulation Article 21 – paragraph 2 – introductory part 2. In order to assess competitive developments in the Union-wide roaming markets, BEREC shall collect data regularly from national regulatory
Amendment 234 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 It shall also collect data on the wholesale roaming agreements not subject to the maximum wholesale roaming charges provided for in Article 10, 11 or 12 and on the implementation of contractual measures at wholesale level aiming to prevent
Amendment 235 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 2 Those data shall be notified to the Commission at least
Amendment 236 #
Proposal for a regulation Article 22 Amendment 237 #
Proposal for a regulation Article 22 Amendment 238 #
Proposal for a regulation Article 22 Amendment 239 #
Proposal for a regulation Article 22 Amendment 240 #
Proposal for a regulation Article 22 Amendment 241 #
Proposal for a regulation Article 22 – paragraph 1 The Commission shall, taking utmost account of the opinion of BEREC, adopt a delegated act in accordance with Article 23 to
Amendment 242 #
Proposal for a regulation Article 23 Amendment 243 #
Proposal for a regulation Article 23 Amendment 244 #
Amendment 245 #
Proposal for a regulation Article 23 Amendment 246 #
Proposal for a regulation Article 23 Amendment 249 #
Proposal for a regulation Article 26 – paragraph 1 a (new) This Regulation shall apply from the date of its entry into force. However, the second subparagraph of Article 14(1) and the second paragraph of Article 16 shall apply from 1 January 2023 insofar as those provisions are related to the establishment of the database referred to in Article 17.
Amendment 25 #
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 recast it while introducing new measures to increase transparency, including on the use of value added services in roaming, use of non-terrestrial networks in roaming on vessels and aircrafts, and ensure a genuine RLAH experience in terms of quality of service and access to emergency services while roaming. The duration of this new Regulation is set for 10 years, until 2032, to provide certainty in the market and minimise regulatory burden while introducing a mechanism for intervening at wholesale level in the interim if market developments so require.
Amendment 250 #
Proposal for a regulation Article 26 – paragraph 2 Amendment 251 #
Proposal for a regulation Article 26 – paragraph 2 Amendment 252 #
Proposal for a regulation Annex I Amendment 253 #
Proposal for a regulation Annex I Amendment 254 #
Proposal for a regulation Annex I Amendment 26 #
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 extend the abolition of roaming charges and recast it while introducing new measures to increase openness, transparency, clear information and consumer protection including on the use of value added services in roaming and ensure a genuine RLAH experience in terms of quality of service and access to emergency services while roaming. The duration of this new Regulation is
Amendment 27 #
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 recast it while introducing new measures to increase transparency, including on the use of value added services in roaming and ensure a genuine RLAH experience in terms of quality of service and access to emergency services while roaming. The duration of this new Regulation is set for 10 years, until 2032, to provide certainty in the market and minimise regulatory burden while introducing
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 recast it while introducing new measures to better protect consumers, increase transparency, including on the use of value added services in roaming and ensure a genuine RLAH experience in terms of quality of service and access to emergency services while roaming. Th
Amendment 29 #
Proposal for a regulation Recital 7 (7) An internal telecommunications market cannot be said to exist while there are differences between domestic and roaming prices. Therefore the difference between domestic charges and roaming charges should be eliminated , thus establishing an internal market for mobile
Amendment 30 #
Proposal for a regulation Recital 7 a (new) (7 a) Takes note of increasing data consumption abroad and in this regard recalls the importance of European programmes such as WiFi4EU that should support high-speed connection in public spaces throughout the EU and guarantee accessibility especially in less developed countries and regions for students, lower income groups and vulnerable people. Therefore the Commission should further develop and invest in programmes such as WiFi4EU.
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. 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 i
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 9 (9) The widespread use of internet- enabled mobile devices means that data roaming is of great economic significance. This is
Amendment 34 #
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 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
Amendment 35 #
Proposal for a regulation Recital 9 a (new) (9 a) Roaming is relevant for facilitating innovation, and especially for benefiting users of connected objects. Recognises that in the future wholesale access should also cover Internet of Things in order to enable consumers to use their IoT devices seemingly across the EU Member States
Amendment 36 #
Proposal for a regulation Recital new(14 new(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. Without prejudice to operator's freedom to choose with whom to negotiate wholesale roaming agreements with, these should not jeopardise a genuine Roam- Like-At-Home experience and should guarantee the same quality of service as provided by the domestic provider except in case of technical unfeasibility. Mobile virtual network operators (MVNOs) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same Member State. Commercial negotiations, however, may not leave enough margin to MVNOs and resellers for stimulating competition through lower prices. The removal of those obstacles and balancing the negotiation power between MVNOs/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative, innovative and Union-wide roaming services and offers for customers. Directive (EU) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market
Amendment 37 #
Proposal for a regulation Recital nuevo(14 new(14) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions that prevent
Amendment 38 #
Proposal for a regulation Recital new(14 new(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
Amendment 39 #
new(14) In order to allow for the development of a more efficient, integrated
Amendment 40 #
Proposal for a regulation Recital new(14 new(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
Amendment 41 #
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 to the greatest extent possible in line with the needs of those seeking access
Amendment 42 #
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 the same quality of service, including with regard to an instant and seamless handover between mobile communications networks at internal EU borders, as compared to when roaming
Amendment 43 #
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
Amendment 44 #
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 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
Amendment 45 #
Proposal for a regulation Recital 19 (19) As Party to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), provisions of the Convention are integral part of the Union legal order and 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.”(Article 1.2 (b)). 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, the Code notes that “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.” (recital 285, Directive (EU) 2018/1972). 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
Amendment 46 #
Proposal for a regulation Recital 19 (19) 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 roaming end-users with disabilities to emergency services is available through emergency communications and is equivalent to that enjoyed by other end-
Amendment 47 #
Proposal for a regulation Recital 19 (19) 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, especially while travelling abroad, and is equivalent to that enjoyed by other end-
Amendment 48 #
Proposal for a regulation Recital 20 (20) Certain conditions may be included in the reference offers in order to allow mobile network operators to
Amendment 49 #
Proposal for a regulation Recital 20 (20) Certain conditions may be included in the reference offers in order to allow mobile network operators to prevent permanent roaming or anomalous or abusive use of wholesale roaming access . In particular, where the visited network operator has reasonable grounds for considering that permanent roaming by a significant share of the roaming provider’s customers or anomalous or abusive use of wholesale roaming access is taking place, it should be able to require the roaming provider to provide, in an aggregated manner and in full compliance with Union and national data protection requirements, information allowing the determination of whether a significant share of the roaming provider’s customers is in a situation of permanent roaming or whether there is anomalous or abusive use of wholesale roaming access, such as information on the share of customers with insignificant
Amendment 50 #
Proposal for a regulation Recital 21 (21) In order to allow for the development of more efficient, integrated and competitive markets for roaming services, when negotiating wholesale roaming access for the purpose of providing retail roaming services, operators should be given the possibility to negotiate innovative wholesale pricing schemes which are not directly linked to volumes actually consumed, such as flat payments, upfront commitments or capacity-based contracts, or pricing schemes that reflect variations of demand across the year. Machine-to-machine communications, referred to in recital 249 of Directive (EU) 2018/1972, are not excluded from the scope of this Regulation and the relevant wholesale roaming access obligations. However, agreements on permanent roaming are subject to commercial negotiations and can be agreed by two roaming partners in the wholesale roaming contract. In order to allow the development of more efficient and competitive markets for machine-to-machine communications, it is expected that operators will increasingly respond to and accept all reasonable requests for roaming agreements on reasonable terms and explicitly allowing permanent roaming for machine-to-machine. They should be able to establish flexible roaming agreements enabling wholesale roaming services and to apply tariff schemes which are not based
Amendment 51 #
Proposal for a regulation Recital 21 a (new) (21 a) In the long term, facilitating M2M roaming should be recognised as an important facilitator to digitise EU industry and build on related EU policies for sectors such as health, energy, environment, and transport. The Commission should assess the M2M and IoT connectivity market and provide recommendations in cooperation with BEREC and relevant stakeholders.
Amendment 52 #
Proposal for a regulation Recital 23 (23) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of setting out detailed rules on the temporary and exceptional application of the fair use policy and on the methodology for assessing the sustainability of the provision of retail roaming services at domestic prices , as well as on the application to be submitted by a roaming provider for the purposes of that assessment. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European
Amendment 53 #
Proposal for a regulation Recital 23 (23) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of setting out detailed rules on the temporary and exceptional application of the fair use policy and on the methodology for assessing the sustainability of the provision of retail roaming services at domestic prices , as well as on the application to be submitted by a roaming provider for the purposes of that assessment. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council66 . _________________
Amendment 54 #
Proposal for a regulation Recital 24 (24) Until the adoption of those implementing measures, which should have the objective to limit the application of fair use policies in the Union leading to a progressive phase-out of their application, Commission Implementing Regulation (EU) 2016/228667 should continue to apply. _________________ 67 Commission Implementing Regulation (EU) 2016/2286 of 15 December 2016 laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the abolition of retail roaming surcharges and on the application to be submitted by a roaming provider for the purposes of that assessment (OJ L 344, 17.12.2016, p. 46).
Amendment 55 #
Proposal for a regulation Recital 26 (26) The abolition of retail roaming surcharges in accordance with Regulation (EU) 2015/2120 was necessary to establish and ease the functioning of a digital single market across the Union as well as to reduce costs to consumers. However, that Regulation alone was not sufficient to ensure the proper functioning of the roaming market particularly in respect of seasonality and costs. This Regulation should contribute to pricing models in domestic markets not being affected by the abolition of retail roaming surcharges.
Amendment 56 #
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 57 #
Proposal for a regulation Recital 28 (28) Roaming customers should
Amendment 58 #
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
Amendment 59 #
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 quality of service should be offered to customers when roaming, if technically feasible. Throttling consumer experience has been in the past employed in order to nudge consumers into higher tiers of services, therefore reduction in quality of service for commercial reasons is not acceptable.
Amendment 60 #
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, if the same generation of mobile communication networks, conditions, and technologies are available on the visited network. To that end, roaming providers
Amendment 61 #
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 quality of service should be offered to customers when roaming, if technically, operationally and commercially feasible.
Amendment 62 #
Proposal for a regulation Recital 28 (28) Roaming customers should
Amendment 63 #
Proposal for a regulation Recital 28 (28) Roaming customers should
Amendment 64 #
Proposal for a regulation Recital new(29 new(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
Amendment 65 #
Proposal for a regulation Recital new(29 new(29)
Amendment 66 #
Proposal for a regulation Recital nuevo(29 new(29)
Amendment 67 #
Proposal for a regulation Recital new(29 new(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 only in a Member State other than that of their domestic provider
Amendment 68 #
Proposal for a regulation Recital 34 (34) Where providers of Union-wide regulated roaming services make changes to their retail roaming tariffs and to
Amendment 69 #
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
Amendment 70 #
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. Neverthelss, 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 are confronted with increased costs, even when they call numbers that are free when called domestically. This could erode customers’ confidence in using their phones when roaming and could result in bill shocks, thus having a negative impact on a genuine RLAH experience. This is mainly caused, at retail level by the insufficient level of regulation and the lack of transparency on the higher charges which can be incurred because of communications to value added services numbers. Therefore measures should be introduced to protect customers and increase the transparency on the conditions for communications to value added services numbers and to ensure that customers that are roaming within the Union pay the same amount as domestic customers for value added services and ensure that costumers keep paying the same price as at home when resorting to value added services from their home country when travelling within the Union as long as they are accessible in the visiting country. To that end, roaming customers should be informed in their contract and notified and warned, upfront, in a timely, transparent, trustely and user- friendly manner and free of charge,
Amendment 71 #
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
Amendment 72 #
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.
Amendment 73 #
Proposal for a regulation Recital 36 a (new) (36 a) At a minimum, providers should clearly inform about specific pricing in timely manner, whenever consumers use value-added services. The Commission should introduce a rule that value-added services must cost the same for roaming consumers as nationals of that EU/EEA country.
Amendment 74 #
Proposal for a regulation Recital 42 (42) To ensure that roaming customers have uninterrupted and effective access to emergency services, free of charge, visited networks should not levy any wholesale charge related to
Amendment 75 #
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 76 #
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. Providers of mobile communication services should also inform consumers of the use of non-terrestrial networks on aircrafts and vessels and the cut-off limit that applies to protect them from bill- shocks. Such information should be provided as soon as the mobile device accesses such non-terrestrial networks. Since certain customer groups might be well informed about roaming charges, roaming providers should provide a possibility to easily opt-out from this automatic message service. In addition, roaming customers should be provided with a text message including a link to a web page giving detailed information about the types of services (calls and SMS) that may be subject to increased costs. Moreover, providers should actively give their customers, provided that the latter are located in the Union, on request and free of
Amendment 77 #
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. For the purpose of this regulation the use of non- terrestrial networks onboard aircrafts or marine vessels should be assimilated to roaming in terrestrial networks and the information requirements as well as tariff regulations and quality of service should be equally applicable. Since certain customer groups might be well informed about roaming charges, roaming providers should provide a possibility to
Amendment 78 #
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
Amendment 79 #
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 . In particular, provision should be made for roaming customers to be notified, in a timely and user-friendly manner and free of charge, of the applicable fair use policy, when and before the applicable fair use volume of regulated voice, SMS or data roaming services is
Amendment 80 #
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 . In particular, provision should be made for roaming customers to be notified, in a timely and user-friendly manner and free of charge, of the applicable fair use policy, when and before the applicable fair use volume of regulated voice, SMS or data roaming services is fully consumed, of any surcharge, and of accumulated consumption of regulated data roaming services and for using non-terrestrial networks in aircrafts and vessels such as boats or ferries.
Amendment 81 #
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
Amendment 82 #
Proposal for a regulation Recital 45 (45) Customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming. Roaming
Amendment 83 #
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 84 #
Proposal for a regulation Recital 50 a (new) (50 a) There can be no discrimination between Union citizens when living or working in cross-border areas with third countries. The RLAH should be included in future negotiations with Union neighbouring third countries.
Amendment 85 #
Proposal for a regulation Recital 50 a (new) (50 a) The Commission should work closely with the non-EU/EEA countries to reach roaming agreements or, at the very least, promote competition rules that bring down prices for consumers.
Amendment 86 #
Proposal for a regulation Recital 52 (52) Roaming providers should inform roaming customers of the possibility to access emergency services free of charge by calling the single European emergency number ‘112’ and by alternative means of access through emergency communications technically feasible to be used by roaming customers, particularly by those with disabilities. Alternative means of access through emergency communications enable roaming customers, in particular roaming customers living with a disability, to access emergency services through other means than calls. For example, alternative means of access may be ensured through emergency applications, messaging, relay services or through real time text or total conversation implemented pursuant to Article 4 of Directive (EU) 2019/882 of the European Parliament and of the Council68 .
Amendment 87 #
Proposal for a regulation Recital 56 (56) While ensuring business confidentiality and in order to monitor and supervise the application of this Regulation and developments in wholesale roaming markets, national regulatory authorities should be entitled to require information on wholesale roaming agreements that do not provide for the application of the maximum wholesale roaming charges. Those authorities should also be allowed to require information on the adoption and application of conditions in wholesale roaming agreements aiming to
Amendment 88 #
Proposal for a regulation Recital 57 (57) Where Union providers of mobile services find the benefits of interoperability and end-to-end connectivity for their customers jeopardised by the termination, or threat of termination, of their roaming arrangements with mobile network operators in other Member States, or are unable to provide their customers with service in another Member State as a result of a lack of agreement with at least one wholesale network provider, national regulatory authorities should make use, where necessary, of the powers under Article 61 of Directive (EU) 2018/1972 to ensure adequate access and interconnection , taking into account the objectives set out in Article 3 of that Directive , in particular the development of the internal market by favouring the provision, availability and interoperability of pan-European services
Amendment 89 #
Proposal for a regulation Recital 59 (59) It is necessary to monitor and to review regularly the functioning of
Amendment 90 #
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 single market. The Commission’s reports should, in particular, analyse the extent to which exceptional retail roaming surcharges have been authorised by national regulatory authorities, the ability of home network operators to sustain their domestic charging models and the ability
Amendment 91 #
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
Amendment 92 #
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 single market. The Commission’s reports should, in particular, analyse the extent to which exceptional retail roaming surcharges have been authorised by national regulatory authorities, the ability of home network operators to sustain their domestic charging models and the ability of visited network operators to recover the efficiently incurred costs of providing regulated wholesale roaming services. In addition, the Commission’s reports should assess how, at wholesale level, access to the different network technologies and generations is ensured; the level of usage
Amendment 93 #
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
Amendment 94 #
Proposal for a regulation Recital 59 (59) It is necessary to monitor and to review regularly the functioning of
Amendment 95 #
Proposal for a regulation Recital 60 (60) In order to assess competitive developments in Union-wide roaming markets and to report regularly on changes in actual wholesale roaming charges for unbalanced traffic between providers of roaming services, BEREC should collect data from national regulatory authorities on the actual charges applied for balanced and unbalanced traffic respectively. BEREC should also collect data on cases where parties to a wholesale roaming agreement have opted out from the application of maximum wholesale roaming charges or have implemented measures at wholesale level that aim to
Amendment 96 #
Proposal for a regulation Recital 60 a (new) (60 a) The Commission should provide relevant assessments of the M2M and IoT connectivity market in order to provide necessary recommendations in cooperation with BEREC and relevant stakeholders.
Amendment 97 #
Proposal for a regulation Recital 62 (62) In order to ensure that th
Amendment 98 #
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 aircraft 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 customer protection, transparency and ensuring sustainability of the provision of retail roaming services at domestic prices as well as a genuine RLAH experience in terms of quality of service and access to emergency services while roaming, cannot be sufficiently achieved by the Member
Amendment 99 #
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 transparency and ensuring sustainability of the provision of retail roaming services at domestic prices as well as a genuine RLAH experience in terms of quality of service and access to emergency services while roaming, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set
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