Parltrack

Proposal for a regulation
Recital 1 a (new)

Amendment 32 #

Proposal for a regulation
Recital 1 b (new)

(1b) The objective of reducing the difference between national and roaming tariffs so as to approach zero by 2015 was proposed by the Commission in the Benchworking Framework 2011-2015 and subsequently endorsed by the Member States in November 20091. That objective is also included in the Commission Communication entitled "A Digital Agenda for Europe"2. __________________ 1 http://ec.europa.eu/information_society/ee urope/i2010/docs/benchmarking/benchma rking_digital_europe_2011-2015.pdf 2 COM (2010)0245.

Amendment 33 #

Marc TARABELLA, Catherine STIHLER

Proposal for a regulation
Recital 1 b (new)

(1b) Higher domestic tariffs on calls, SMS and data's (including those bound for other countries than the domestic country) comparing to roaming tariffs are not beneficial to the consumer and create a market distortion; from 2012, domestic tariffs should hence not exceed the retail price caps defined for the roaming tariffs.

Amendment 34 #

Proposal for a regulation
Recital 1 c (new)

(1c) To achieve a single telecoms market, each linked telecom company belonging to the same group should be encouraged to couple their national licenses under the umbrella of one single European operator; in the future, existing telecommunication licences as well as new licenses for mobile network should cover the whole European territory and not only a single Member State.

Amendment 35 #

Róża Gräfin von THUN UND HOHENSTEIN, Anna Maria CORAZZA BILDT, Hans-Peter MAYER, Eija-Riitta KORHOLA

Proposal for a regulation
Recital 2

Does not concern English version.

Amendment 36 #

Proposal for a regulation
Recital 2 a (new)

(2a) The lack of competition on the roaming market hinders developing Single Market for telecommunications.

Amendment 37 #

Róża Gräfin von THUN UND HOHENSTEIN, Anna Maria CORAZZA BILDT, Eija-Riitta KORHOLA

Proposal for a regulation
Recital 2 b (new)

(2b) The high level of roaming prices is a significant barrier for the citizens when it comes to studying or working in other country than their home Member State.

Amendment 38 #

Proposal for a regulation
Recital 16

(16) Data on the development of prices for Union-wide voice, SMS and data roaming services since the entry into force of Regulation (EC) No 717/2007 and its amending Regulation (EC) No 544/2009, including in particular those collected by national regulatory authorities and reported on a quarterly basis through the medium of the BEREC, do not provide evidence to suggest that competition at the retail or wholesale levels has reasonably developed and is likely to be sustainable from June 2012 onwards in the absence of regulatory measures. Such data indicates that retail and wholesale prices continue to cluster at or close to the limits set by Regulation (EC) No 717/2007 as amended by Regulation (EC) No 544/2009, with only limited competition below those limits, which leads to excessive profits for providers, at the expense of European consumers.

Amendment 39 #

Proposal for a regulation
Recital 16

(16) Data on the development of prices for Union-wide voice, SMS and data roaming services since the entry into force of Regulation (EC) No 717/2007 and its amending Regulation (EC) No 544/2009, including in particular those collected by national regulatory authorities and reported on a quarterly basis through the medium of the BEREC, do not provide evidence to suggest that competition at the retail or wholesale levels has reasonably developed and is likely to be sustainable from June 2012 onwards in the absence of regulatory measures. Such data indicates that retail and wholesale prices are still much higher than domestic prices and continue to cluster at or close to the limits set by Regulation (EC) No 717/2007 as amended by Regulation (EC) No 544/2009, with only limited competition below those limits.

Amendment 40 #

Marc TARABELLA, Louis GRECH, Sylvana RAPTI, Catherine STIHLER

Proposal for a regulation
Recital 17

(17) The expiry in June 2012 of the regulatory safeguards which apply to Union-wide roaming services at wholesale and retail levels by virtue of Regulation (EC) No 717/2009, as amended by Regulation (EC) No 544/2009, would therefore give rise to a significant risk that the underlying lack of competitive pressures in the roaming market and the incentive for mobile operators to maximise their roaming revenues would result in retail and wholesale prices for Union-wide roaming that do not constitute a reasonable reflection of the underlying costs involved in the provision of the service, thereby jeopardising the objectives of this Regulation. Regulatory intervention in the market for mobile roaming services should therefore be extended beyond 30 June 2012 in order to ensure ~~the smooth functioning of the internal market by allowing competition to develop, while at the same time guarantee~~a substantial reduction in charges with the aim of arriving that ~~consumers c~~a situationt in~~ue to benefit from the assurance that they will not be char~~ 2015, as indicated in the European Digital Agenda, in which there are no longedr an ~~excessive price, in comparison with competitive national pric~~y differences between national and roaming charges.

Amendment 41 #

Proposal for a regulation
Recital 17 a (new)

(17a) Protecting the principles of the neutrality and openness of the Internet and the end users’ ability to access and distribute information and run applications and services of their choice should become even more important as the Digital Single Market is created in particular through roaming.

Amendment 42 #

Marc TARABELLA, António Fernando CORREIA DE CAMPOS, Sylvana RAPTI, Catherine STIHLER

Proposal for a regulation
Recital 18

(18) In order to allow for the development of a more efficient and competitive market for roaming services, there should be no restrictions that prevent undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. However, at present there are obstacles to the access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings. The removal of these obstacles would facilitate the development of alternative and innovative roaming services and offers for customers~~, in particular from virtual network operators~~. It would also facilitate the development of pan-European services.

Amendment 43 #

Róża Gräfin von THUN UND HOHENSTEIN, Anna Maria CORAZZA BILDT, Eija-Riitta KORHOLA

Proposal for a regulation
Recital 19

(19) Therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services. Such requests should only be refused on the basis of objective and duly substantiated criteria, which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in Article 17. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and the relevant provisions of the Directive 2002/19/EC, which includes rules on non-discrimination and interoperability, and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between Member States.

Amendment 44 #

Proposal for a regulation
Recital 21

(21) Mobile communications services are sold in bundles including both domestic and roaming services which limits customer choice for roaming services. Such bundles reduce transparency concerning roaming services, since it is difficult to compare individual items within the bundles. Consequently, competition among operators on the basis of the roaming element in the mobile bundle is not yet apparent. Facilitating the availability of roaming as a stand-alone service would address structural problems by raising consumer awareness of roaming prices, allowing distinct consumer choice concerning roaming services and thus increasing competitive pressure on the demand side. This will therefore contribute to the smooth functioning of the internal market for European roaming services.

Amendment 45 #

Proposal for a regulation
Recital 22

(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the Union. Consumers should be able to choose a different provider for roaming services without changing their number, and in a manner which ensures interoperability of services, with roaming services being provided anywhere in the Union and with the same level of quality.deleted

Amendment 46 #

Proposal for a regulation
Recital 22

(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the Union. Consumers should be able to choose a different provider for roaming services without changing their number, ~~and~~ in a manner which ensures interoperability of services and within a short period of time, with roaming services being provided anywhere in the Union and with the same level of quality.

Amendment 47 #

Proposal for a regulation
Recital 22

(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package in the Union. Basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the Union. Consumers should be able to choose a different provider for roaming services without changing their number, and in a manner which ensures interoperability of services, with roaming services being provided anywhere in the Union and with the same level of quality.

Amendment 48 #

Proposal for a regulation
Recital 22

(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down with regard to the separate provision of ~~a separate sale of~~free roaming services which should be introduced in a coordinated manner across the Union. Consumers should be able to choose a different provider for roaming services without changing their number, and in a manner which ensures interoperability of services, with roaming services being provided anywhere in the Union and with the same level of quality. Consumers opting to keep the same operator for roaming services should be able to choose to have their roaming services directly deducted from their credit for national communications, so that they are only charged over and above their normal package tariff once their national credit has been used up.

Amendment 49 #

Proposal for a regulation
Recital 23

(23) Increased cooperation and coordination among mobile network operators should be established to technically enable the provision of separate roaming services, and to ensure coordinated and sound technical evolution of the separate sale of roaming services in the Union. Therefore, guidelines detailing further the relevant basic principles and methodologies should be elaborated, in order to allow a rapid adaptation to changed circumstances and technological advancement. BEREC, in coordination with the Commission and in collaboration with the relevant stakeholders, should issue guidelines to develop the technical elements of a facility to enable the separate sale of roaming services. The Commission could give a mandate to a European Standardisation Body for the amendment of the relevant standards that are necessary for the harmonised implementation of the facility.deleted

Amendment 50 #

Proposal for a regulation
Recital 23

(23) Increased cooperation and coordination among mobile network operators should be established to technically enable the provision of separate roaming services and access to local data roaming services, and to ensure coordinated and sound technical evolution of the separate sale of roaming services in the Union. Therefore, guidelines detailing further the relevant basic principles and methodologies should be elaborated, in order to allow a rapid adaptation to changed circumstances and technological advancement. BEREC, in coordination with the Commission and in collaboration with the relevant stakeholders, should issue guidelines to develop the technical elements of a facility to enable the separate sale of roaming services and access to local data roaming services. The Commission could give a mandate to a European Standardisation Body for the amendment of the relevant standards that are necessary for the harmonised implementation of the facility.

Amendment 51 #

Proposal for a regulation
Recital 24 a (new)

(24a) Operators should be encouraged to reach the objectives of the Digital Agenda for Europe even faster. In particular, the objective of differences between national and roaming tariffs to approach zero by 2015 should be promoted. Therefore, as an incentive, operators who are ready to make roaming offers that are equal to or only insignificantly higher than their national tariffs should be exempted from the obligation to implement the structural measures as regards separate sale of roaming services. National telecommunication regulators should grant such exemptions under strict conditions and be also able to withdraw the exemption in case of non-compliance. This system would also allow for more innovative offers such as 'roam like at home' or monthly fee-based offers that would be more transparent to the consumers and would not require any action from the consumers' side.

Amendment 52 #

Proposal for a regulation
Recital 25

(25) With regard to continuation of ~~temporary price regulation~~phased price reductions, which should result in the attainment in 2015 of the objective set out in the European Digital Agenda of making domestic and roaming charges identical, regulatory obligations should be imposed at both retail and wholesale level to protect the interests of roaming customers, since experience has shown that reductions in wholesale prices for Union- wide roaming services may not be reflected in lower retail prices for roaming owing to the absence of incentives for this to happen. On the other hand, action to reduce the level of retail prices without addressing the level of the wholesale costs associated with the provision of these services could risk disrupting the orderly functioning of the Union-wide roaming market and would not allow a higher degree of competition.

Amendment 53 #

Proposal for a regulation
Recital 26

(26) ~~Until the structural solutions have brought sufficient competition in the roaming market, t~~The most effective and proportionate approach to regulating the level of prices for making and receiving intra-Union roaming calls is the setting at Union level of a maximum average per- minute charge at wholesale level and the limiting of charges at retail level through the Eurotariff introduced in Regulation (EC) No 717/2007. The average wholesale charge should apply between any pair of operators within the Union over a specified period.

Amendment 54 #

Proposal for a regulation
Recital 27

(27) The transitory Eurotariff should ~~be set at a safeguard level which, whilst ensuring~~, in stages, lead to a situation in which, in 2015, the roaming charge is the same as the domestic charge, while allowing a sufficient margin to operators, so that the existing consumer benefits are preserved during a transitional period of implementing the structural solutions~~, guarantees a sufficient margin to operators and encourages competitive roaming offerings at lower rates~~. During the period concerned, operators should actively offer a Eurotariff to all their roaming customers, free of charge, and in a clear and transparent manner.

Amendment 55 #

Proposal for a regulation
Recital 28

(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should ~~be set at levels which do not distort the competi~~aim at a competitive outcome of the structural solutions, with the ultimate aim of effectively benefit~~s of structural solutions and~~ing consumers; therefore the difference between retail and wholesale caps should leave ample room for new competitors to enter the market. The caps could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to value added services.

Amendment 56 #

Proposal for a regulation
Recital 32

(32) During the transitional period of safeguard caps, ending in 2015, during which roaming charges may temporarily be higher than domestic charges, all consumers should have the option of choosing without additional charges or preconditions a simple roaming tariff which will not exceed regulated rates. A reasonable margin between wholesale costs and retail prices should ensure that operators cover all their specific roaming costs at retail level including appropriate shares of marketing costs and handset subsidies and are left with an adequate residual to yield a reasonable return. A transitory Eurotariff is an appropriate means to provide both the consumer with protection and the operator with flexibility. In line with the wholesale level the maximum levels of the Eurotariff should decrease annually by a sufficient amount to bring them into line with domestic charges in 2015 .

Amendment 57 #

Proposal for a regulation
Recital 33

(33) During the transitional period of safeguard caps, new roaming customers should be fully informed in a clear and understandable manner of the range of tariffs that exist for roaming within the Union, including the tariffs which are compliant with the transitory Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if, after having been reminded of their current tariff conditions, they fail to express a choice within the relevant time period. Such specific roaming tariffs or packages could include, for example, roaming flat-rates, non-public tariffs, tariffs with additional fixed roaming charges, tariffs with per-minute charges lower than the maximum Eurotariff or tariffs with set-up charges.

Amendment 58 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Recital 33

(33) During the transitional period of safeguard caps, new roaming customers should be fully informed of the range of tariffs that exist for roaming within the Union, including the tariffs which are compliant with the transitory Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if, after having been reminded of their current tariff conditions~~, they fail to express a choice within the relevant time period~~ and of the applicable Eurotariffs, they express a choice to their operator. Such specific roaming tariffs or packages could include, for example, roaming flat-rates, non-public tariffs, tariffs with additional fixed roaming charges, tariffs with per-minute charges lower than the maximum Eurotariff or tariffs with set-up charges.

Amendment 58 #

Proposal for a regulation
Recital 1 a (new)

(1a) The objective of reducing the difference between national and roaming tariffs so as to approach zero by 2015 was proposed by the Commission in the Benchmarking Framework 2011- 2015 and subsequently endorsed by the EU Member States in November 20091. This target is also included in the Commission Communication "A Digital Agenda for Europe"2. __________________ 1 http://ec.europa.eu/information_society/ee urope/i2010/docs/benchmarking/benchma rking_digital_europe_2011-2015.pdf 2 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A Digital Agenda for Europe" (COM(2010) 245.

Amendment 59 #

Robert GOEBBELS, Marita ULVSKOG, Francesco DE ANGELIS

Proposal for a regulation
Recital 34

(34) Since this Regulation provides that the Directives making up the 2002 regulatory framework for electronic communications are without prejudice to any specific measure adopted for the regulation of Union-wide roaming charges for mobile voice telephony calls, and since providers of Union-wide roaming services may be required by this Regulation to make changes to their retail roaming tariffs in order to comply with the requirements of this Regulation, such changes should not trigger for mobile customers any right under national laws transposing the 2002 regulatory framework for electronic communications to withdraw from their contracts. Similarly, the freedom to change roaming service providers is without prejudice to the rights and obligations applicable to national services pursuant to regulatory and contractual obligations

Amendment 59 #

Proposal for a regulation
Recital 1 a (new)

(1a) The objective of reducing the difference between national and roaming tariffs so as to approach zero by 2015 was proposed by the Commission in the Benchmarking Framework 2011-2015 and subsequently endorsed by the EU Member States in November 20091. This target is also included in the Commission Communication "A Digital Agenda for Europe"2. __________________ 1 http://ec.europa.eu/information_society/ee urope/i2010/docs/benchmarking/benchma rking_digital_europe_2011-2015.pdf 2 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A Digital Agenda for Europe" (COM(2010) 245).

Amendment 60 #

Marc TARABELLA, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Recital 40

(40) A common set of rules regarding unitisation of Eurotariff bills at retail level should therefore be introduced in order to further strengthen the single market and provide throughout the Union ~~a common~~the same high level of protection to consumers of Union- wide roaming services.

Amendment 60 #

Ramon TREMOSA i BALCELLS

Proposal for a regulation
Recital 1 a (new)

(1a) Regulation No 717/2007 should be temporary and only in place until the Commission proposes the necessary legislation to fully create an EU single market for public mobile communication networks and so eliminate in the medium term any roaming charges.

Amendment 61 #

Proposal for a regulation
Recital 41

(41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff, subject only to the possibility to apply a minimum initial charging period of no more than 30 seconds for calls made. This will enable operators to cover any reasonable set-up costs and to provide flexibility to compete by offering shorter minimum charging periods. However, n. No minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set- up costs are already covered by mobile termination rates.

Amendment 61 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Recital 1 b (new)

(1b) A single telecoms market cannot be said to exist while significant price differences exist between domestic and roaming prices; therefore the ultimate aim should be to eliminate roaming charges altogether, thus establishing a pan-EU mobile communications market.

Amendment 62 #

Robert GOEBBELS, Marita ULVSKOG, Francesco DE ANGELIS

Proposal for a regulation
Recital 41

(41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff~~, subject only to the possibility to apply a minimum initial charging period of no more than 30 seconds for calls made~~. This will enable operators to cover any reasonable set-up costs and to provide flexibility to compete by offering shorter minimum charging periods. However, no minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set- up costs are already covered by mobile termination rates.

Amendment 62 #

Proposal for a regulation
Recital 1 b (new)

Amendment 63 #

Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a regulation
Recital 41

Amendment 63 #

Proposal for a regulation
Recital 2

(2) The high level of voice, SMS and data roaming prices payable by users of public mobile telephone networks, such as students, business travellers and tourists, when using their mobile telephones when travelling abroad within the Union is a matter of concern for consumers, national regulatory authorities, and the Union institutions. The excessive retail charges are resulting from high wholesale charges levied by the foreign host network operator and also, in many cases, from high retail mark-ups charged by the customer's own network operator. ROwing to a lack of competition, reductions in wholesale charges are often not passed on to the retail customer. Although some operators have recently introduced tariff schemes that offer customers more favourable conditions and somewhat lower prices, there is still evidence that the relationship between costs and prices is far from what would prevail in competitive markets.

Amendment 64 #

Proposal for a regulation
Recital 41

(41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis, f~~or all calls subject to a Eurotariff, subject only to the possibility to apply a minimum initial charging period of no more than 30~~rom the first seconds, for calls made. This will enable operators to cover any reasonable set-up costs and to provide flexibility to compete by offering shorter minimum charging periods. However, no minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set-up costs are already covered by mobile termination rates calls made or received subject to a Eurotariff.

Amendment 64 #

Marc TARABELLA, António Fernando CORREIA DE CAMPOS, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Recital 2

(2) The high level of voice, SMS and data roaming prices payable by users of public mobile telephone networks, such as students, business travellers and tourists, when using their mobile telephones and portable computational devices when travelling abroad within the Union is a matter of concern for consumers, national regulatory authorities, and the Union institutions. The excessive retail charges are resulting from high wholesale charges levied by the foreign host network operator and also, in many cases, from high retail mark-ups charged by the customer's own network operator. Reductions in wholesale charges are often not passed on to the retail customer. Although some operators have recently introduced tariff schemes that offer customers more favourable conditions and somewhat lower prices, there is still evidence that the relationship between costs and prices is far from what would prevail in competitive markets.

Amendment 65 #

Proposal for a regulation
Recital 42 a (new)

(42a) Operators should take the appropriate measures to ensure that cross-border consumers do not face problems due to their cross-border location, such as roaming charges while they are still in their home country.

Amendment 65 #

Proposal for a regulation
Recital 2 a (new)

(2a) Roaming charges constitute a serious impediment to Europe's efforts to develop into a knowledge-based economy and the realisation of a single 500 million consumer market. The exponential growth in mobile data traffic must be facilitated by allocating sufficient radio spectrum in order for consumers and businesses to use voice, sms and data anywhere in Europe at prices close to domestic level.

Amendment 66 #

Proposal for a regulation
Recital 46

(46) Until ~~the structural solution have brought sufficient competition in the roaming market~~domestic and roaming charges have been aligned, in 2015, by means of phased changes, the most effective and proportionate approach to regulating the level of prices for regulated roaming SMS messages at wholesale level is the setting at Union level of a maximum average charge per SMS sent from a visited network. The average wholesale charge should apply between any pair of mobile operators within the Union over a specified period.

Amendment 66 #

Proposal for a regulation
Recital 2 a (new)

(2a) The widespread use of internet- enabled mobile telephones and tablets means that data roaming is of great economic significance in the medium term. This is a decisive criterion for both users and providers of applications and content. In order to stimulate the development of this market, charges for data transport should not act as a brake on growth.

Amendment 67 #

Proposal for a regulation
Recital 50

(50) Until ~~the structural solutions become effectiv~~2015, when the domestic charge must be the same as the roaming charge, the transitory Euro-SMS tariff should be retained at a safeguard level which, whilst ensuring that the existing consumer benefits are preserved, guarantees a sufficient margin to operators while also more reasonably reflecting the underlying retail costs.

Amendment 67 #

Proposal for a regulation
Recital 2 b (new)

(2b) Given the rapid development of mobile data traffic and the increasing amount of customers using voice, sms and data roaming abroad there is a need to increase the competitive pressure, to develop new business models and technologies, as well as increasing the amount of radio spectrum available for wireless services. The regulation of roaming prices must be designed in a way that does not disincentive competition to even lower price levels.

Amendment 68 #

Proposal for a regulation
Recital 55

(55) Data collected by national regulatory authorities indicate that ~~high prices for~~ average wholesale charges for data roaming services levied by visited network operators from roaming customers’ home providers ~~persist, even~~are still far too high, which is not reflected ifn the~~se wholesale prices appear to be on a downward trend~~ charge structure for roaming services, resulting in excessive profits.

Amendment 68 #

Proposal for a regulation
Recital 3

(3) The creation of a European social, educational ~~and cult~~, cultural and entrepreneurial area based on the mobility of individuals and digital data should facilitate communication between people in order to build a real ‘Europe for Citizens’.

Amendment 69 #

Proposal for a regulation
Recital 55

(55) Data collected by national regulatory authorities indicate that high prices for average wholesale charges for data roaming services levied by visited network operators from roaming customers' home providers persist~~, e~~. Even if these wholesale prices appear to be on a downward trend, they are still much too high and out of proportion with the real production costs.

Amendment 69 #

Proposal for a regulation
Recital 14

(14) A common, harmonized approach should be employed for ensuring that users of terrestrial public mobile communication networks when travelling within the Union do not pay excessive prices for Union-wide roaming services when making or receiving voice calls, sending text messages or using the internet, thereby enhancing competition concerning roaming services between mobile operators, achieving a high level of consumer protection and preserving both incentives for innovation and consumer choice. In view of the cross- border nature of the services concerned, this common approach is needed so that mobile operators can operate within a single coherent regulatory framework based on objectively established criteria.

Amendment 70 #

Proposal for a regulation
Recital 57

(57) Providers of roaming services should not charge the roaming customer for any regulated data roaming service, unless and until the roaming customer accepts the provision of the service. Moreover, customers agreeing to the provision of such services should be made aware that smartphones may carry out roaming data transfers without their knowledge. They should be provided, free of charge, with details of how to prevent such transfers.

Amendment 70 #

Proposal for a regulation
Recital 14

(14) A common approach should be employed for ensuring that users of terrestrial public mobile communication networks when travelling within the Union do not pay excessive prices for Union-wide roaming services when making or receiving voice calls and establishing data connections, thereby enhancing competition concerning roaming services between mobile operators, achieving a high level of consumer protection and preserving both incentives for innovation and consumer choice. In view of the cross- border nature of the services concerned, this common approach is needed so that mobile operators can operate within a single coherent regulatory framework based on objectively established criteria.

Amendment 71 #

Proposal for a regulation
Recital 59

(59) Similarly to the regulatory measures already in place for voice and SMS services, until the structural solution brings sufficient competition, the most effective and proportionate approach to regulating the level of prices for Union-wide roaming data services at the retail level for a transitional period is the introduction of a requirement for mobile operators to offer their roaming customers a transitory Euro- data tariff which does not exceed a specified maximum price limit. The Euro- data tariff should be set at a safeguard level which, ~~whilst ensuring consumer protection until the structural solution becomes effective~~until the roaming rate has been brought into line with the domestic rate, in 2015, guarantees a sufficient margin to operators in relation to the actual cost structure while also more reasonably reflecting the underlying retail costs.

Amendment 71 #

Proposal for a regulation
Recital 14 a (new)

(14a) Customers living in border regions should not suffer from unnecessarily high phone bills due to inadvertent roaming charges. Measures should therefore be established creating a transitional zone in border areas where consumers pay a standard rate independent of the nationality of the network. These zones should be as broad as 10 kilometres on both sides of the borders.

Amendment 72 #

Proposal for a regulation
Recital 60

(60) The transitory Euro-data tariff that may be offered to roaming customers should therefore reflect a reasonable margin over the costs of providing a regulated data roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard cap should be set at levels which do not distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. Similar to the approach followed for voice and SMS roaming services, given the reductions foreseen in the underlying costs for the provision of retail data roaming services, the maximum regulated charges for the transitory Euro- data tariff should follow a declining glide path in the direction of the single tariff in 2015.

Amendment 72 #

Miloslav RANSDORF

Proposal for a regulation
Recital 14 a (new)

(14a) It is also vital to ensure that mobile operators do not make working conditions within the sector worse as a consequence of this regulation.

Amendment 73 #

Proposal for a regulation
Recital 64

(64) To ensure that all users of mobile voice telephony may benefit from the provisions of this Regulation, the transitory retail pricing requirements should apply regardless of whether roaming customers have a pre-paid or a post-paid contract with their home provider, and regardless of whether the home provider has its own network, ~~is a mobile virtual network operator~~ or is a reseller of mobile voice telephony services.

Amendment 73 #

Proposal for a regulation
Recital 14 a (new)

(14a) The first multiannual Radio Spectrum Policy Programme established by [Decision No.../.../EU of the European Parliament and of the Council...] will pave the way for a development that will allow the Union to take the global lead on broadband speeds, mobility, coverage and capacity, facilitating the emergence of new business models and technologies, reducing the structural reasons for roaming.

Amendment 74 #

Proposal for a regulation
Recital 65

(65) In order to ensure that regulatory obligations on wholesale and retail charges for voice, SMS and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market, conditions should be set for non- application of maximum wholesale and retail charges already before the deadlines foreseen. Such conditions should be based on a significant difference between price caps and actual price levels. It is considered that a significant difference will be reached if prices have on average in the Union reached 75% of the price cap. For wholesale price caps the 75% criterion shall be based on the unbalanced traffic between operators that do not belong to the same group. In order to limit distortions between Member States, the 75% criterion for retail price caps shall be calculated by averaging at the Union level the national averages for each roaming service separately (voice, SMS or data).deleted

Amendment 74 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER

Proposal for a regulation
Recital 14 b (new)

(14b) Pan-European licence auctions can stimulate the development of a single EU telecom market, without roaming.

Amendment 75 #

Proposal for a regulation
Recital 65

(65) In order to ensure that regulatory obligations on wholesale and retail charges for voice, SMS and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market, conditions should be set for non- application of maximum wholesale and retail charges already before the deadlines foreseen. Such conditions should be based on a significant difference between price caps and actual price levels. It is considered that a significant difference will be reached if prices have on average in the Union reached 750% of the price cap. For wholesale price caps the 750% criterion shall be based on the unbalanced traffic between operators that do not belong to the same group. In order to limit distortions between Member States, the 750% criterion for retail price caps shall be calculated by averaging at the Union level the national averages for each roaming service separately (voice, SMS or data).

Amendment 75 #

Proposal for a regulation
Recital 14 b (new)

(14b) Similarly, to solve inadvertent roaming charges home providers should be obliged to provide a sufficiently powerful signal in areas where coverage is weak.

Amendment 76 #

Proposal for a regulation
Recital 67

(67) In order to improve the transparency of retail prices for making and receiving ~~regulated~~ roaming calls both within and outside the Union and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited ~~Member State~~country. Moreover, providers should give their customers, on request and free of charge, additional information on the per- minute or per-unit data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited ~~Member State~~countries. Since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt- out from this automatic message service.

Amendment 76 #

Proposal for a regulation
Recital 18

(18) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions that prevent undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. However, at present there are obstacles to the access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings. The removal of these obstacles would facilitate the development of alternative and innovative roaming services and offers for customers, in particular from virtual network operators. It would also facilitate the development of pan-European services.

Amendment 77 #

Proposal for a regulation
Recital 67

(67) In order to improve the transparency of retail prices for making and receiving regulated roaming calls within the Union and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited Member State. Moreover, providers should give their customers, on request and free of charge, additional information on the per- minute or per-unit data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State. Since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt-out from this automatic message service. However, this opt-out request should only concern the Member State visited, and should not automatically apply throughout the European Union unless the consumer has explicitly requested it.

Amendment 77 #

Marc TARABELLA, António Fernando CORREIA DE CAMPOS, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Recital 18

(18) In order to allow for the development of a more efficient and competitive market for roaming services, there should be no restrictions that prevent undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. However, at present there are obstacles to the access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings. The removal of these obstacles would facilitate the development of alternative and innovative roaming services and offers for customers, in particular from virtual network operators. It would also facilitate the development of pan-European services. The rules of the Electronic Communication Framework, in particular Directive 2002/21/EC and Directive 2002/19/EC, do not allow this problem to be addressed via the imposition of obligations on operators having significant market powers.

Amendment 78 #

Proposal for a regulation
Recital 68

(68) Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. Home providers should provide information on roaming charges by appropriate means such as invoices, the internet, TV advertisements or direct mail. All information and offers should be clear, understandable, comparable and transparent with regard to prices and service characteristics. Advertising of roaming offers and marketing to consumers should fully comply with consumer protection legislation, in particular with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’)1. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the Eurotariff and the right to switch to and from it. _____________ 1 OJ L 149, 11.6.2005, p. 22

Amendment 78 #

Jens ROHDE

Proposal for a regulation
Recital 19

(19) Therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services. Such requests should only be refused on the basis of objective and duly substantiated criteria, which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in Article 17. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in a non-discriminatory manner providing equivalent terms and conditions and in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between Member States.

Amendment 79 #

Proposal for a regulation
Recital 68

Amendment 79 #

Marc TARABELLA, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Recital 19

(19) Therefore rules should be introduced to mandate the obligation to meet reasonable requests, at non-discriminatory conditions, for wholesale access to public mobile communications networks for the purpose of providing roaming services, also by way of derogation from Directives 2002/21/EC and 2002/19/EC. Such requests should only be refused on the basis of objective and duly substantiated criteria, which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in Article 17. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between Member States.

Amendment 80 #

Proposal for a regulation
Recital 69

(69) Moreover, measures should be introduced to improve the transparency of retail prices for ~~data~~all roaming services, in particular to eliminate the problem of ‘bill shock’ which constitutes a barrier to the smooth functioning of the internal market, and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services. Equally, there should be no obstacles to the emergence of applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi. Consumers should be provided with this information, thereby allowing them to make an informed choice.

Amendment 80 #

Proposal for a regulation
Recital 19

(19) Therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services. Such requests should be proportional and in line with the needs of those seeking access, be they mobile network operators, virtual mobile network operators or retailers. They should only be refused on the basis of objective and duly substantiated criteria, which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in Article 17. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between Member States.

Amendment 81 #

Proposal for a regulation
Recital 69

(69) Moreover, measures should be introduced to improve the transparency of retail prices for data roaming services, in particular to eliminate the problem of ‘bill shock’ which constitutes a barrier to the smooth functioning of the internal market, and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services. Equally, there should be no obstacles to the emergence of applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi or local breakout mechanisms. Consumers should be provided with this information, thereby allowing them to make an informed choice.

Amendment 81 #

Proposal for a regulation
Recital 20

(20) A wholesale roaming access obligation should cover, at non- discriminatory conditions, access to all the elements and facilities necessary to enable the provision of roaming services, also by way of derogation from Directive 2002/19/EC, such as the following elements: access to network elements and associated facilities; access to relevant software systems including operational support systems; access to information systems or databases for pre- ordering, provisioning, ordering, maintaining and repair requests, and billing; access to number translation or systems offering equivalent functionality; access to mobile networks, and access to virtual network services.

Amendment 82 #

Proposal for a regulation
Recital 70

(70) In particular, mobile operators should provide their roaming customers with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another ~~Member State~~country. This information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension.

Amendment 82 #

Proposal for a regulation
Recital 21

(21) Mobile communications services are sold in bundles including both domestic and roaming services, which limits customer choice for roaming services. Such bundles reduce transparency concerning roaming services, since it is difficult to compare individual items within the bundles. Consequently, competition among operators on the basis of the roaming element in the mobile bundle is not yet apparent. Facilitating the availability of roaming as a stand-alone service would address structural problems by raising consumer awareness of roaming prices, allowing distinct consumer choice concerning roaming services and thus increasing competitive pressure on the demand side. This will therefore contribute to the smooth functioning of the internal market for European roaming services. The structural solutions listed in this document could provide a solution for the lack of competition on the roaming market. Prior to implementing any consumer friendly structural solution, the Commission should carry out careful consideration of these measures to ensure that the critical mass necessary to achieve fundamental changes in the market, is readily available, as these solutions should not only be attractive to several select users but rather to the majority of the market.

Amendment 83 #

Proposal for a regulation
Recital 70

(70) In particular, mobile operators should provide their roaming customers, free of charge, with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another Member State. This information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension, and in such a manner as to enable easy access to it at a later date.

Amendment 83 #

Proposal for a regulation
Recital 22

(22) ~~Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down wi~~In the Member States where their contract for the provision of domestic mobile services is concluded, consumers should have the r~~egard to the provision of a~~ight to opt for the separate sale of retail roaming services ~~which should be introduced in a coordinated manner across the Union~~from their domestic mobile package. Consumers should be able to choose a different provider for retail roaming services without changing their number, and in a manner which ensures interoperability of services, with retail roaming services being provided anywhere in the Union ~~and with the same level of quality~~.

Amendment 84 #

Proposal for a regulation
Recital 71

(71) In order to facilitate customers' understanding of the financial consequences of the use of ~~regulated~~ data roaming services and to permit them to monitor and control their expenditure, the home provider should give examples for data roaming applications, such as e-mail, picture and web-browsing, by indicating their approximate size in terms of data usage.

Amendment 84 #

Proposal for a regulation
Recital 22 a (new)

(22 a) Consumers in the EU are increasingly using mobile data services in their home country. However, high data roaming prices are hindering customers from using mobile data services when travelling in the Union. Therefore, appropriate measures should be taken to ensure that there are no obstacles to use alternative data roaming services, in particular through separate sale or temporary use of local data roaming services. For temporary usage of local data roaming services mobile users should be enabled to access locally supplied mobile data services, regardless of existing roaming contracts or arrangements with the provider of domestic mobile communication services and without any additional charge levied by them.

Amendment 85 #

Proposal for a regulation
Recital 71

(71) In order to facilitate customers’' understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure, when the contract is signed and at any time thereafter upon the customer’s request, the home provider should give free examples for data roaming applications, such as e-mail, picture and web-browsing, by indicating their approximate size in terms of data usage.

Amendment 85 #

Proposal for a regulation
Recital 22 a (new)

(22 a) Consumer and businesses demand for mobile data services has exploded in recent years. However, due to high data roaming charges, the use of these services is severely constrained for consumers and businesses operating across borders in the Union. Given the infancy of the market and the rapidly increasing consumer demand for data roaming, regulated consumer prices might keep prices around the proposed price caps levels, as experienced in the current regulation, instead of pushing it down further, underlining therefore the need for further reforms.

Amendment 86 #

Proposal for a regulation
Recital 72

(72) In addition, in order to avoid bill shocks both for data roaming services within and outside the Union, mobile operators should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services, expressed in the currency in which the roaming customer is billed, and which they should offer to all their roaming customers, free of charge, with an appropriate notification when this limit is being approached. Upon reaching this maximum limit, customers should no longer receive and be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. Roaming customers should be given the opportunity to opt for any of these maximum financial or volume limits within a reasonable period or to choose not to have such a limit. Unless customers state otherwise, they should be put on a default limit system.

Amendment 86 #

Proposal for a regulation
Recital 22 b (new)

(22 b) There are several ways in which facilities for separate sale of roaming services and for temporary access to local data roaming services could be implemented. This Regulation should not mandate any particular technical solution for these facilities but instead lay down essential requirements which should be met by these facilities in order allow the most effective and efficient solution, or combination of solutions. Those requirements should ensure in particular effective competition for the benefit of European consumers, including intensive users of data services.

Amendment 87 #

Proposal for a regulation
Recital 72

(72) In addition, in order to avoid bill shocks, mobile operators should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services, expressed in the currency in which the roaming customer is billed, and which they should offer to all their roaming customers, free of charge, with an appropriate notification, in a media format that can be consulted again subsequently, when this limit is being approached. Upon reaching this maximum limit, customers should no longer receive and be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. In this case, they should receive free confirmation, in a media format that can be consulted again subsequently. Roaming customers should be given the opportunity to opt for any of these maximum financial or volume limits within a reasonable period or to choose not to have such a limit. Unless customers state otherwise, they should be put on a default limit system.

Amendment 87 #

Proposal for a regulation
Recital 22 b (new)

(22 b) In combination with increased deployment of Wi Fi hotspots, appropriate measures should be taken in order to facilitate the separate sale or temporary use of local data roaming service. Providers of domestic mobile communication services should without any additional charge allow their customers to temporarily access local data services of any alternative provider of local data roaming services while continuing to provide voice and sms roaming. This should be made possible regardless of the contract with the domestic mobile communication provider. The provider of local data roaming services in the visiting country should not discriminate foreign customers but offer data services on equal terms and conditions that are being offered to domestic customers.

Amendment 88 #

Adina-Ioana VĂLEAN, Jürgen CREUTZMANN, Fiona HALL

Proposal for a regulation
Recital 72 a (new)

(72a) Since current EU legislation contains no provisions on limiting bill shocks for roaming outside the Union, consumers should in future be informed about the roaming charges concerned when roaming outside the Union and be covered by the provisions on bill shocks that apply to roaming within the Union;

Amendment 88 #

Proposal for a regulation
Recital 23

(23) Increased cooperation and coordination among mobile network operators should be established to technically enable ~~the provision of separate roaming services,~~ and to ensure coordinated and sound technical evolution of the ~~separate sale of~~provision of separate roaming services and access to local data roaming services in the Union. Therefore, guidelines detailing further the relevant basic principles and methodologies should be elaborated, in order to allow a rapid adaptation to changed circumstances and technological advancement. BEREC, in coordination with the Commission and in collaboration with the relevant stakeholders, should issue guidelines to develop the technical elements of a facility to enable the separate sale of roaming services and access to local data roaming services. The Commission could give a mandate to a European Standardisation Body for the amendment of the relevant standards that are necessary for the harmonised implementation of these facilityies.

Amendment 89 #

Proposal for a regulation
Recital 74

(74) However, since the entry into force of the amendments introduced by Regulation (EC) No 544/2009, it has been observed that it is less probable that customers under pre-paid tariffs suffer from "bill shocks" for the use of data roaming services, given that the amount of credit available is already chosen in advance. In addition, with the transitory Euro-data tariff with regulated rates for data roaming charges, these consumers will also benefit from additional protection against high prices for these services. For these reasons, the cut off limit provisions should not apply to customers under pre- paid contracts.deleted

Amendment 89 #

Proposal for a regulation
Recital 24

(24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, th~~is solution in~~e establishment of facilities for separate sale of roaming services will require a reasonable period for operators to adapt at the technical level, and therefore the facility for separate sale of roaming services will only result in a genuine internal market with sufficient competition after a certain period of time. For this reason, price caps for the wholesale charges for voice, SMS messages and data roaming services as well as safeguard caps for those service at the retail level should be maintained on a temporary basis at an appropriate level to ensure that the existing consumer benefits are preserved during a transitional period of implementation of such structural solutions, after which they could be removed

Amendment 90 #

Proposal for a regulation
Recital 74

(74) However, since the entry into force of the amendments introduced by Regulation (EC) No 544/2009, it has been observed that it is less probable that customers under pre-paid tariffs suffer from ‘bill shocks’ for the use of data roaming services, given that the amount of credit available is already chosen in advance. In addition, with the transitory Euro-data tariff with regulated rates for data roaming charges, these consumers will also benefit from additional protection against high prices for these services. For these reasons, the cut off limit provisions should not apply to customers under pre-paid contracts, except in cases where consumers have opted for a system that automatically tops up their credit.

Amendment 90 #

Proposal for a regulation
Recital 24

(24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, this solution in roaming services will require a reasonable period for operators to adapt at the technical level, and therefore will only result in a genuine internal market with sufficient competition after a certain period of time. For this reason, price caps for the wholesale charges for voice, SMS messages and data roaming services as well as safeguard caps for those service at the retail level should be maintained on a temporary basis at an appropriate level to ensure that the existing consumer benefits are preserved during a transitional period of implementation of such structural solutions, after which they could be removed. For the same reason, the obligation of separate sale of roaming services should refer, for the first 12 months of effectiveness, only to mobile virtual network operators.

Amendment 91 #

Proposal for a regulation
Recital 74

Amendment 91 #

Proposal for a regulation
Recital 24

(24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, this solution in roaming services will require a reasonable period for operators to adapt at the technical level, and therefore will only result in a genuine internal market with sufficient competition after a certain period of time. For this reason, price caps for the wholesale charges for voice, SMS messages and data roaming services as well as safeguard caps for those services at the retail level should be maintained on a temporary basis at an appropriate level to ensure that the existing consumer benefits are preserved during a transitional period of implementation of such structural solutions~~, after which they could~~. These price caps should also take into account the objectives set out in Article 8 of the 'framework' directive, in particular the need to promote effective investment and innovation, as well as those set out in the Commission communication of 26 August 2010 on a digital agenda for Europe COM(2010)0245), in particular broadband coverage and the potential contribution of mobile networks thereto. The price caps could subsequently be removed.

Amendment 92 #

Proposal for a regulation
Recital 80

(80) Retail safeguard caps should be set at sufficiently high levels which do not distort the potential competitive benefits of structural solutions and could be removed completely once the structural approaches becomes effective and have enabled the development of a genuine single marketIt should be possible to remove retail safeguard caps completely once the regulatory approach results in the alignment of domestic and roaming charges in 2015. Therefore, retail safeguard caps should follow a downward trend and subsequently expire.

Amendment 92 #

Proposal for a regulation
Recital 24 a (new)

(24a) Considering that roaming prices can still be considered as a barrier to an internal market for telecoms and that the Digital Agenda for Europe sets as an objective that the differences between roaming and national telecoms tariffs should approach zero by 2015, operators should have the choice to reach this target on a voluntary basis. For this reasons operators offering to all their customers on all offers roaming tariffs significantly close to those charged for domestic voice, SMS and data services by 1 July 2014 should be exempted from the obligation to implement the technical measures for separate sale of roaming services. The required tariff level allowing the exemption should be defined by the Commission through delegated acts on basis of the opinion of BEREC after appropriate stakeholder consultation.

Amendment 93 #

Proposal for a regulation
Recital 81

(81) The Commission should review the effectiveness of this Regulation in light of its objectives and the contribution to the implementation of the regulatory framework and the smooth functioning of the internal market. In this context, the Commission should consider the impact on the competitive position of mobile communications providers of different sizes and from different parts of the Union, the developments, trends and transparency in retail and wholesale charges, their relation to actual costs, the extent to which the assumptions made in the impact assessment that accompanied this Regulation have been confirmed and the costs of compliance of operators and the impact on the investments. The Commission should also, in the light of technological developments, consider the availability and quality of services which are an alternative to roaming (such as access through WIFI or through local breakout mechanisms).

Amendment 93 #

Proposal for a regulation
Recital 24 a (new)

(24a) Operators charging roaming tariffs which are substantially similar to domestic rates should be exempt from the obligation to provide for the separate sale of roaming services, this exemption being subject to mobile coverage obligations imposed by the Member States.

Amendment 94 #

Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a regulation
Recital 81 a (new)

(81a) The review of this Regulation should aim to establish an even more integrated market for telecommunication services in Europe and to improve the ability for operators to provide telecommunications services and customer to use them, and therefore to remove remaining barriers. In order to supplement the rules for wholesale roaming access, the Commission and BEREC should take necessary measures to further harmonise national telecommunications regulations, improve the conditions for market entry for operators in all Member States and harmonise termination fees across the Union. In order to support a truly borderless, single market for telecommunications services, the Commission and BEREC should present a proposal on new rules for access to new 4G/ LTE networks so that mobile devices should be enabled to connect to any operator's access network which can provide the contracted signal level, if the contracted service provider cannot, and for there to be no surcharge levied from the customer where another operator's network is used. To supplement this regulation, the Commission should present a similar legislative proposal for the prices of cross-border phone calls made and SMS sent between Member States that are not covered by this regulation. The Commission should also actively seek to extend the application of the rules laid down in this regulation to other countries outside of the Union, especially those bordering the Union and candidate countries, by concluding bilateral or multilateral agreements.

Amendment 94 #

Proposal for a regulation
Recital 26

(26) Until the structural solutions have brought sufficient competition in the roaming market which would lead to wholesale rate reductions which in turn would be passed on to consumers, the most effective and proportionate approach to regulating the level of prices for making and receiving intra-Union roaming calls is the setting at Union level of a maximum average per- minute charge at wholesale level and the limiting of charges at retail level through the Eurotariff introduced in Regulation (EC) No 717/2007. The average wholesale charge should apply between any pair of operators within the Union over a specified period.

Amendment 95 #

Marc TARABELLA, António Fernando CORREIA DE CAMPOS, Sylvana RAPTI, Catherine STIHLER

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

This Regulation introduces a common approach to ~~ensuring~~bring about a truly single market in mobile communications. The first step is to put in place an transitional period to ensure 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 achieving a high level of consumer protection, fostering competition and transparency in the market and offering both incentives for innovation and consumer choice. The second step is to put in place the necessary measures which would enable the abolition of the concept of roaming within the whole Union, ensuring identical prices throughout the Union.

Amendment 95 #

Proposal for a regulation
Recital 26

(26) Until the structural solutions have brought sufficient competition in the roaming market, the most effective and proportionate approach to regulating the level of prices for making and receiving intra-Union roaming calls is the setting at Union level of a maximum average per- minute/per-gigabyte charge at wholesale level and the limiting of charges at retail level through the Eurotariff introduced in Regulation (EC) No 717/2007. The average wholesale charge should apply between any pair of operators within the Union over a specified period.

Amendment 96 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

This Regulation introduces a common approach to ~~ensuring~~bring about a truly single market in mobile communications. The first step is to put in place an transitional period to ensure 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 achieving a high level of consumer protection, fostering competition and transparency in the market and offering both incentives for innovation and consumer choice. The second step is to put in place the necessary technical and structural measures which would enable the abolition of the concept of roaming within the whole Union, ensuring identical prices throughout the Union.

Amendment 96 #

Proposal for a regulation
Recital 27

(27) The transitory Eurotariff should be set at a safeguard level which, whilst ensuring that the existing consumer benefits are preserved during a transitional period of implementing the structural solutions, guarantees a sufficient margin to operators and encourages competitive roaming offerings at lower rates. During the period concerned, operators should actively bring to the attention of the customers information about the Eurotariff and offer a Eurotariff to all their roaming customers, free of charge, and in a clear and transparent manner.

Amendment 97 #

Patrizia TOIA, Francesco DE ANGELIS

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2

It ~~lays down rules to guarantee the separate sale of roaming services from domestic mobile communications services and the conditions for wholesale access to public mobile telephone networks for~~has the purpose of bringing about a phased reduction in tariff caps in order to align domestic and roaming charges for telephone calls, SMS messages and data communication in 2015, as agreed in the pEur~~pose of provision of roaming services~~opean Digital Agenda. It also lays down transitory rules on the charges that may be levied by mobile operators for the provision of Union-wide roaming services for voice calls and SMS messages originating and terminating within the Union and for packet switched data communication services used by roaming customers while roaming on a mobile communications network in another Member State. It applies both to charges levied between network operators at wholesale level and to charges levied by home providers at retail level.

Amendment 97 #

Proposal for a regulation
Recital 28

(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should ~~be set at levels which do not distort the competitiv~~maximize the competitive outcome of the structural solution at the benefits of ~~structural solutions and~~consumers; therefore the retail caps should be set at a level which is three times the wholesale caps in order to allow enough room to attract new players in the new roaming market. The caps could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to value added services.

Amendment 98 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2

It lays down rules to guarantee the separate sale of roaming services from domestic mobile communications services and the conditions for wholesale access to public mobile telephone networks for the purpose of provision of roaming services. It also lays down transitory rules on the charges that may be levied by mobile operators for the provision of Union-wide roaming services for voice calls and SMS messages originating and terminating within the Union and for packet switched data communication services used by roaming customers while roaming on a mobile communications network in another Member State. It applies both to charges levied between network operators at wholesale level and to charges levied by home providers at retail level.

Amendment 98 #

Proposal for a regulation
Recital 28

(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. ~~Such~~According to the calculation methodology of BEREC, where the retail cap is three times the wholesale cap, a margin of 200% would allow market entry and the development of competition. Therefore safeguard caps should be set a~~t levels which do~~ccordingly, in order not to distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to value added services.

Amendment 99 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 a (new)

The separate sale of roaming services and domestic mobile communications services is a temporary and intermediate step to increase competition in order to lower roaming prices for customers in order to achieve a common European mobile market with no differentiation between national and roaming tariffs.

Amendment 99 #

Proposal for a regulation
Recital 28

(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should be set at levels which do not distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to the part of the tariff that is charged for the provision of value added services.

Amendment 100 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of ~~Union-wide~~ roaming services within and outside the Union.

Amendment 100 #

Proposal for a regulation
Recital 28

(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should be set at levels which do not distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to ~~value added~~the part of the tariff that is charged for value added services but only to the tariffs for the connection to such services.

Amendment 101 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of Union-wide roaming services both within and outside the Union.

Amendment 101 #

Proposal for a regulation
Recital 29

(29) This regulatory approach should be simple to implement and monitor in order to minimise the administrative burden both for the operators which are affected by its requirements and for the national regulatory authorities charged with its supervision and enforcement. It should also be transparent and immediately understandable to all mobile customers within the Union. Furthermore it should provide certainty and predictability to operators providing wholesale and retail roaming services. The level in monetary terms of the maximum per-minute/per- gigabyte charges at wholesale and retail level should therefore be specified in this Regulation.

Amendment 102 #

Proposal for a regulation
Article 1 – paragraph 4 – subparagraph 1

The charge limits set out in this Regulation are expressed in euro. Where charges governed by Articles 6, 7, 8, 9, 11 and 12 are denominated in other currencies, the initial limits pursuant to those Articles shall be determined in those currencies by applying the reference exchange rates published on 30 May 2012 by the European Central Bank in the Official Journal of the European Union or by applying the average of the reference exchange rates published by the European Central Bank in the Official Journal of the European Union in the six months prior to the entry into force of this Regulation, depending on which of these initial charge limits after conversion to currencies other than the euro is lower.

Amendment 102 #

Proposal for a regulation
Recital 30

(30) The maximum average per- minute/per-gigabyte charge at wholesale level so specified should take account of the different elements involved in the making of a Union-wide roaming call, in particular the cost of originating and terminating calls over mobile networks and including overheads, signalling and transit. The most appropriate benchmark for call origination and for call termination is the average mobile termination rate for mobile network operators in the Union, based on information provided by the national regulatory authorities and published by the Commission. The maximum average per- minute/per- gigabyte charge established by this Regulation should therefore be determined taking into account the average mobile termination rate, which offers a benchmark for the costs involved. The maximum average per-minute/per-gigabyte charge at wholesale level should decrease annually to take account of reductions in mobile termination rates imposed by national regulatory authorities from time to time.

Amendment 103 #

Proposal for a regulation
Article 2 – paragraph 2 – point a

(a) ‘Eurotariff’ means any tariff not exceeding the maximum charge, provided for in Article 7, which a home provider may levy for the provision of regulated roaming calls in compliance with that Article and which in 2015 will be the same as the tariff charged on the domestic market;

Amendment 103 #

Proposal for a regulation
Recital 32

(32) During the transitional period of safeguard caps, all consumers should be informed about and have the option of choosing without additional charges or preconditions a simple roaming tariff which will not exceed regulated rates. A reasonable margin between wholesale costs and retail prices should ensure that operators cover all their specific roaming costs at retail level including appropriate shares of marketing costs and handset subsidies and are left with an adequate residual to yield a reasonable return. A transitory Eurotariff is an appropriate means to provide both the consumer with protection and the operator with flexibility. In line with the wholesale level the maximum levels of the Eurotariff should decrease annually.

Amendment 104 #

Proposal for a regulation
Article 2 – paragraph 2 – point b

(b) ‘home provider’ means an undertaking that provides a customer with Union-wide roaming services either via its own network or as a ~~mobile virtual network operator or~~ reseller;

Amendment 104 #

Proposal for a regulation
Recital 33

(33) During the transitional period of safeguard caps, new roaming customers should be fully and actively informed of the range of tariffs that exist for roaming within the Union, including the tariffs which are compliant with the transitory Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time-frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if, after having been reminded of their current tariff conditions, they fail to express a choice within the relevant time period. Such specific roaming tariffs or packages could include, for example, roaming flat-rates, non-public tariffs, tariffs with additional fixed roaming charges, tariffs with per-minute charges lower than the maximum Eurotariff or tariffs with set-up charges.

Amendment 105 #

Bendt BENDTSEN, Krišjānis KARIŅŠ

Proposal for a regulation
Article 2 – paragraph 2 – point b

(b) ‘home provider’ means an ~~undertaking~~operator that provides a roaming customer with Union-wide roaming services either via its own network or as a mobile virtual network operator or reseller, or any other kind of roaming service providers;

Amendment 105 #

Proposal for a regulation
Recital 35 a (new)

(35 a) In a market with few dominating operators it may be difficult for smaller operators to enter the market as they may find it difficult to compete, due to their inability to internalise wholesale roaming costs. Therefore, Member States should consider regulatory intervention to ensure that smaller operators have access to the market. On the other hand Member States should not introduce regulation limiting the possibility for smaller operators to form alliances.

Amendment 106 #

Proposal for a regulation
Article 2 – paragraph 2 – point k

(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages~~, but does include the~~ nor that of transmission and receipt of MMS messages;

Amendment 106 #

Proposal for a regulation
Recital 41

Amendment 107 #

Proposal for a regulation
Article 2 – paragraph 2 – point k

(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or, SMS messages~~, but does include the transmission and receipt of~~ or MMS messages;

Amendment 107 #

Proposal for a regulation
Recital 65

(65) In order to ensure that regulatory obligations on wholesale and retail charges for voice, SMS and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market, conditions should be set for non- application of maximum wholesale and retail charges already before the deadlines foreseen. Such conditions should be based on a significant difference between price caps and actual price levels. It is considered that a significant difference will be reached if prices ~~have on averag~~everywhere in the Union reached 75% of the price cap. For wholesale price caps the 75% criterion shall be based on the unbalanced traffic between operators that do not belong to the same group. ~~In order to limit distortions between Member States, t~~The 75% criterion for retail price caps shall be calculated ~~by averaging at the Union level the national averages~~ for each roaming service separately (voice, SMS or data).

Amendment 108 #

Proposal for a regulation
Article 2 – paragraph 2 – point k

(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages, ~~but does include~~ the transmission and receipt of MMS messages and machine to machine (M2M) data communication;

Amendment 108 #

Proposal for a regulation
Recital 67

(67) In order to improve the transparency of retail prices for making and receiving regulated roaming calls within the Union and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should ~~enable~~supply their roaming customers ~~easily to obtain~~with information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited Member State. Moreover, providers should actively give their customers, ~~on request and~~ free of charge, additional information on the per- minute or per-unit data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State. Since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt-out from this automatic message service.

Amendment 109 #

Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a regulation
Article 2 – paragraph 2 – point k

(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages, ~~but does include the transmission and receipt~~or machine to machine type services ofr MMS messages;

Amendment 109 #

Proposal for a regulation
Recital 67

(67) In order to improve the transparency of retail prices for making and receiving regulated roaming calls within the Union ~~and~~, to help roaming customers make decisions on the use of their mobile telephones while abroad and to guarantee their awareness of roaming charges, providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited Member State. Moreover, providers should give their customers, on request and free of charge, additional information on the per- minute or per-unit data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State. Since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt-out from this automatic message service.

Amendment 110 #

Proposal for a regulation
Article 2 – paragraph 2 – point m

(m) ‘alternative roaming provider’ means a home provider, different from the operator providing domestic mobile communication services, that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller;deleted

Amendment 110 #

Proposal for a regulation
Recital 68

(68) Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. All information and offers should be presented in a clear, comprehensive, easily accessible and easily comparable form with regard to prices and service characteristics. Home providers should provide information on roaming charges by appropriate means such as sms, invoices, the internet, TV advertisements or direct mail. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the Eurotariff and the right to switch to and from it.

Amendment 111 #

Proposal for a regulation
Article 2 – paragraph 2 – point m

(m) ‘alternative roaming provider’ means a ~~home~~ provider, different from the operator providing domestic mobile communication services, that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller;

Amendment 111 #

Marc TARABELLA, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Recital 69

(69) Moreover, measures should be introduced to improve the transparency of retail prices for data roaming services, in particular to eliminate the problem of ‘bill shock’ which constitutes a barrier to the smooth functioning of the internal market, and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services. Equally, there should be no obstacles to the emergence of applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi, rather, national regulatory authorities, working together with stakeholders, should encourage the development of WiFi hotspots, with adequate information provided for customers, as a cheap or free alternative to data roaming. Consumers should be provided with this information, thereby allowing them to make an informed choice.

Amendment 112 #

Proposal for a regulation
Article 2 – paragraph 2 – point n

(n) ‘wholesale roaming access’ means the making available of facilities and/or services to another undertaking, on a non- discriminatory basis, under defined conditions, for the purpose of providing roaming services to retail customers;

Amendment 112 #

Sabine VERHEYEN, Marie-Thérèse SANCHEZ-SCHMID, Hans-Peter MAYER

Proposal for a regulation
Recital 70 a (new)

(70a) Concerning border regions, mobile operators should provide their customers with better information on how to avoid inadvertent roaming charges.

Amendment 113 #

Proposal for a regulation
Article 2 – paragraph 2 – point o

(o) ‘European Union (EU) roaming profile’ means a preconfigured profile for the provision of separate roaming services, which is provided in addition to a profile for the provision of domestic mobile services on the same SIM card.deleted

Amendment 113 #

Proposal for a regulation
Recital 71

(71) In order to facilitate customers’ understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure, the home provider should give examples for data roaming applications, such as e-mail, picture and web-browsing, by indicating their approximate size in terms of data usage. Customers should also be able to access data on their roaming usage that is updated at least daily. This could be done by means of a website, a telephone service or a program on the mobile device.

Amendment 114 #

Proposal for a regulation
Article 2 – paragraph 2 – point o

Amendment 114 #

Proposal for a regulation
Recital 71

(71) In order to facilitate customers' understanding of the financial consequences of the use of ~~regulated~~ data roaming services and to permit them to monitor and control their expenditure, the home provider should give examples for data roaming applications, such as e-mail, picture and web-browsing and mobile applications usage, by indicating their approximate size in terms of data usage.

Amendment 115 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 2 – paragraph 2 – point o

Amendment 115 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

1. This Regulation introduces a common approach to ~~ensuring~~bring about a truly single market in mobile communications. The first step is to put in place an interim period to ensure 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 achieving a high level of consumer protection, fostering competition and transparency in the market and offering both incentives for innovation and consumer choice. The second step is to put in place the necessary measures which would make it possible to abolish the concept of roaming within the EU altogether, ensuring identical prices throughout the EU.

Amendment 116 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 3 – paragraph 1

1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from ~~mobile virtual network operators and~~ resellers. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.

Amendment 116 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2

Amendment 117 #

Robert GOEBBELS, Marita ULVSKOG, Francesco DE ANGELIS

Proposal for a regulation
Article 3 – paragraph 1

1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. The request for wholesale roaming access shall remain proportional and adapted to the party requesting access. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access. Those rules shall be without prejudice to the recovery of other costs linked to the delivery of the wholesale roaming access by the mobile network operator.

Amendment 117 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 a (new)

The separate sale of roaming services from domestic mobile communications services is a temporary and intermediate step to increase competition so as to lower roaming prices for customers in order to achieve a common European mobile market with no differentiation between national and roaming tariffs.

Amendment 118 #

Proposal for a regulation
Article 3 – paragraph 2

2. Wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers. Additional services which go beyond basic wholesale roaming access, for example the provision of billing or customer care services should be reimbursed.

Amendment 118 #

Ramon TREMOSA i BALCELLS

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 a (new)

This Regulation shall be temporary and only in place until the Commission proposes the necessary legislation to fully create an EU single market for public mobile communication networks and so eliminate in the medium term any roaming charges.

Amendment 119 #

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 3 – paragraph 3

3. Wholesale roaming access request shall be granted within a ~~two~~six month period from the receipt of the request by the network operator.

Amendment 119 #

Proposal for a regulation
Article 1 – paragraph 2

Amendment 120 #

Proposal for a regulation
Article 4

Article 4 Separate sale of roaming services 1. Home providers shall enable their subscribers to access voice, SMS and data roaming services of any interconnected alternative roaming provider. 2. With effect from 1 July 2014, home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4. 3. The customer's choice for an alternative roaming provider shall not entail any associated subscription or other fixed or recurring charges by the home provider and shall be possible with any retail tariff plan. 4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within five working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months. 5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitate the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers. 6. The home provider or the operator of a visited network shall not alter the technical characteristics of roaming services provided by an alternative roaming provider in such a way as to make them differ from the technical characteristics, including the quality parameters, of roaming services provided by the operator providing domestic mobile communications services.deleted

Amendment 120 #

Proposal for a regulation
Article 2 – paragraph 2 – point b

(b) ‘home provider’ means an ~~undertaking~~operator that provides a customer with Union-wide roaming services either via its own network or as a mobile virtual network operator or reseller; this includes any other roaming service provider;

Amendment 121 #

Proposal for a regulation
Article 4 – paragraph 2

2. With effect from 1 July 2014, home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4.deleted

Amendment 121 #

Róża Gräfin von THUN UND HOHENSTEIN, Anna Maria CORAZZA BILDT, Hans-Peter MAYER, Eija-Riitta KORHOLA

Proposal for a regulation
Article 2 – paragraph 2 – point d

(d) ‘Union-wide roaming’ means the use of a ~~mobile telephone or other~~ device by a roaming customer to make or receive intra- Union calls, to send or receive SMS messages, or to use packet switched data communications, while in a Member State other than that in which that customer's home network is located, by means of arrangements between the operator of the home network and the operator of the visited network;

Amendment 122 #

Proposal for a regulation
Article 4 – paragraph 2

2. With effect from 1 ~~July~~March 2014, home providers shall inform, within four months from that date, all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4.

Amendment 122 #

Proposal for a regulation
Article 2 – paragraph 2 – point k

(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages, ~~but does include~~ the transmission and receipt of MMS messages; and machine to machine data communication.

Amendment 123 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 4 – paragraph 2

2. With effect from 1 Julyne 2014, ~~home providers shall inform all their roaming customers of the possibility~~roaming customers shall have the right to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and at any moment, in line with paragraphs 3 and 4. Home providers shall inform all their existing roaming customers of this right before 1 June 2014.

Amendment 123 #

Proposal for a regulation
Article 2 – paragraph 2 – point m

Amendment 124 #

Proposal for a regulation
Article 4 – paragraph 3

3. The customer's choice for an alternative roaming provider shall not entail any associated subscription or other fixed or recurring charges by the home provider and shall be possible with any retail tariff plan.deleted

Amendment 124 #

Proposal for a regulation
Article 2 – paragraph 2 – point m

(m) ‘alternative roaming provider’ means a home provider, different from the operator providing domestic mobile communication services, that provides a roaming customer with roaming services ~~via its own network or as a mobile virtual network operator or reseller~~;

Amendment 125 #

Proposal for a regulation
Article 4 – paragraph 4

4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within five working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months.deleted

Amendment 125 #

Patrizia TOIA

Proposal for a regulation
Article 2 – paragraph 2 – point m

(m) ‘'alternative roaming provider’' means a ~~home~~ provider, different from the operator providing domestic mobile communication services, that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller;

Amendment 126 #

Proposal for a regulation
Article 4 – paragraph 4

4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within ~~fiv~~one working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months.

Amendment 126 #

Proposal for a regulation
Article 2 – paragraph 2 – point m

Amendment 127 #

Proposal for a regulation
Article 4 – paragraph 4

4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within ~~fiv~~three working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding t~~hree~~wo months.

Amendment 127 #

Proposal for a regulation
Article 2 – paragraph 2 – point n

(n) ‘'direct wholesale roaming access’' means the making available of facilities and/or services ~~to another undertaking~~by the visited network operator to an operator, under defined conditions, for the purpose of providing roaming services to retail customers;

Amendment 128 #

Proposal for a regulation
Article 4 – paragraph 4

4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within ~~five~~two working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months.

Amendment 128 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 2 – paragraph 2 – point o

(o) 'European Union (EU) roaming profile' means a preconfigured profile for the provision of separate roaming services, which is provided in addition to a profile for the provision of domestic mobile services on the same SIM card.deleted

Amendment 129 #

George LYON

Proposal for a regulation
Article 4 – paragraph 4

4. Any switch to or from an alternative roaming provider, or between alternative roaming providers, shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within ~~five working day~~the shortest possible time, to be defined in the BEREC guidelines, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding t~~hree~~wo months.

Amendment 129 #

Proposal for a regulation
Article 2 – paragraph 2 – point o

Amendment 130 #

Adam BIELAN, Malcolm HARBOUR

Proposal for a regulation
Article 4 – paragraph 4

Amendment 130 #

Proposal for a regulation
Article 2 – paragraph 2 – point o

Amendment 131 #

Morten LØKKEGAARD

Proposal for a regulation
Article 4 – paragraph 4

4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within ~~fiv~~one working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months.

Amendment 131 #

Proposal for a regulation
Article 2 – paragraph 2 – point o

Amendment 132 #

Proposal for a regulation
Article 4 – paragraph 4

Amendment 132 #

Proposal for a regulation
Article 2 – paragraph 2 – point o

Amendment 133 #

Proposal for a regulation
Article 4 – paragraph 5

5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually in a clear and understandable manner with full information on the possibility to choose an alternative roaming provider and facilitate the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.

Amendment 133 #

Proposal for a regulation
Article 2 – paragraph 2 – point o

Amendment 134 #

Proposal for a regulation
Article 4 – paragraph 5

5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and ~~facilitate~~shall not hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.

Amendment 134 #

Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)

(oa) 'local data roaming service' means data roaming service provided to customers directly on a visited network by a mobile network operator, mobile virtual network operator or reseller;

Amendment 135 #

Proposal for a regulation
Article 4 – paragraph 5

5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually and in a durable media format with full information on the possibility to choose an alternative roaming provider and ~~facilitate~~not hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not restrict or prevent retailers serving as their points of sale tofrom offering contracts for separate roaming services with alternative roaming providers.

Amendment 135 #

Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)

(oa) 'local data roaming service' means data roaming service provided to customers directly on a visited network by a mobile operator, mobile virtual network operator or reseller;

Amendment 136 #

Proposal for a regulation
Article 4 – paragraph 5 a (new)

5a. Before 1 July 2013 operators may apply to their respective national regulator for an exemption from the obligation to sell roaming services separately. An exemption shall be granted if the operator commits to offer to all of its customers as of 1 June 2014 roaming tariffs that are equal to its respective national tariffs or that are at maximum 10% higher than its respective national tariffs. Operators may alternatively offer a tariff consisting of an additional monthly base charge covering all roaming services if they can show that average roaming costs to the respective customer group (corporate, post-paid or pre-paid) would not increase by more than 10%. If the national regulator grants the exemption, paragraphs 1 to 5 shall not be applicable to the operator and its customers. Operators, after being granted an exemption, shall communicate changes to their offers to the national regulator. The exemption shall be withdrawn by national regulator if the changed offers no longer meet the conditions set out in this paragraph. The operator shall be notified of a possible withdrawal of the exemption and shall be given three months to adapt its offers. An operator whose exemption is withdrawn shall implement paragraphs 1 to 5 within one year following the withdrawal. National regulators shall inform the European Commission of any exemption granted or withdrawn.

Amendment 136 #

Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)

(oa) 'wholesale roaming resale' means the sale of wholesale roaming access by an operator different from the visited network operator, usually covering several visited networks in several Member States;

Amendment 137 #

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6a. The obligations provided for in paragraphs (1) to (6) of this Article and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down within a reasonable period of time not exceeding three months after the adoption of this Regulation the guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.

Amendment 137 #

Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)

(oa) 'Single tariff' means a tariff which all operators are obliged to offer, which offers identical prices for call, SMS and data use within the Union, irrespective of whether the customer is roaming or not;

Amendment 138 #

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6a. When a customer is offered by his home provider roaming tariffs significantly close to the tariffs for domestic voice, SMS and data services he benefits from, the obligation for this operator to enable his customer to access voice, SMS and data roaming services of any alternative roaming operator who has been granted access in order to provide separate roaming services, as provided paragraphs (1) to (6) of this Article and Article 5, shall not apply. The BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down within a reasonable period of time not exceeding three months after the adoption of this Regulation guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.

Amendment 138 #

Proposal for a regulation
Article 3 – paragraph 1

1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. The request for wholesale roaming access should remain proportional and adapted to the party requesting access. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access. Those rules are without prejudice to the recovery of other costs linked to the delivery of the wholesale roaming access by the mobile network operator.

Amendment 139 #

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6a. When a customer is offered by his home provider roaming tariffs close enough to the tariffs for domestic voice, SMS and data services he benefits from, the obligation for this operator to enable his customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply. The BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs close to domestic tariffs.

Amendment 139 #

Marc TARABELLA, António Fernando CORREIA DE CAMPOS, Sylvana RAPTI, Catherine STIHLER

Proposal for a regulation
Article 3 – paragraph 1

1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. Wholesale roaming access shall be provided on non- discriminatory terms and conditions without making a distinction between domestic and foreign operators, including the terms and conditions of wholesale access provided for domestic mobile services. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.

Amendment 140 #

Proposal for a regulation
Article 4 a (new)

Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2016, the retail price caps as laid down in Article 7, Article 9 and Article 12 shall have effect.

Amendment 140 #

Proposal for a regulation
Article 3 – paragraph 1

1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. Mobile virtual network operators shall be granted the same favourable conditions applied to other network operators, on non- discriminatory terms. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.

Amendment 141 #

Proposal for a regulation
Article 4 a (new)

Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2014, the retail price caps as laid down in Article 7, Article 9 and Article 12 shall have effect.

Amendment 141 #

Proposal for a regulation
Article 3 – paragraph 1

1. MWith effect from 1 July 2014 mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 113(4) shall apply for the provision of wholesale roaming access.

Amendment 142 #

Proposal for a regulation
Article 4 a (new)

Article 4 a The obligations provided for in paragraphs (1) to (6) of Article 4 and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC shall, after consulting stakeholders and in close co-operation with the Commission, lay down within a reasonable period of time, not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.

Amendment 142 #

Proposal for a regulation
Article 3 – paragraph 1

1. Mobile network operators shall ~~meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers~~not restrict wholesale roaming access to their networks, unless the operator demonstrates that a restriction is reasonable. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.

Amendment 143 #

Proposal for a regulation
Article 5

Article 5 Facility for separate sale of roaming services In order to ensure the development of the single market, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union. For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a "EU roaming profile" on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost- orientated and there should be no direct charges to consumers for the use of this facility. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down within a reasonable period of time not exceeding three months after the adoption of this Regulation guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. If necessary, the Commission could give a mandate to a European Standardisation Body for the adaptation of the relevant standards that are necessary for the harmonised implementation of the facility.deleted

Amendment 143 #

Marc TARABELLA, Catherine STIHLER

Proposal for a regulation
Article 3 – paragraph 1

1. Mobile network operators shall meet all reasonable requests for direct wholesale roaming access from any operator, including those from mobile virtual network operators and ~~resellers~~wholesale resellers, as well as all reasonable requests for wholesale roaming resale from any mobile virtual network operator or retail reseller that they host. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.

Amendment 144 #

Proposal for a regulation
Article 5

Facility for separate sale of roaming services In order to ensure the development of the single market, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union. For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down within a reasonable period of time not exceeding three months after the adoption of this Regulation guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. If necessary, the Commission could give a mandate to a European Standardisation Body for the adaptation of the relevant standards that are necessary for the harmonised implementation of the facility.Article 5 deleted

Amendment 144 #

Jens ROHDE

Proposal for a regulation
Article 3 – paragraph 1

1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. Mobile network operators are obliged to grant this access in a non-discriminatory manner and provide equivalent technical and organisational terms and conditions. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.

Amendment 145 #

Proposal for a regulation
Article 5 – paragraph 1

In order to ensure the development of the ~~single~~temporary single roaming market, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union and meet the following criteria: (a) any technical solution must be cost- effective; (b) it shall be designed in a customer- friendly way; (c) it shall allow for a maximum degree of interoperability; (d) it shall allow for a local break-out solution for data usage in a customer- friendly manner; (e) it shall ensure that the concept of net neutrality is respected for all data use, in particular access to VOIP and other similar services; (f) customers shall be able to easily and quickly switch to an alternative roaming provider or between alternative roaming providers while retaining their mobile number; (g) roaming by Union citizens in third countries or by third country citizens in the Union shall not be impeded.

Amendment 145 #

Sylvana RAPTI, Bernadette VERGNAUD

Proposal for a regulation
Article 3 – paragraph 2

2. Wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers. Additional services beyond basic wholesale roaming access, for example the provision of billing or customer care services should be reimbursed.

Amendment 146 #

Proposal for a regulation
Article 5 – paragraph 1

In order to ensure the development of the ~~single~~temporary single roaming market, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union and meet the following criteria: (a) any technical solution must be cost- effective; (b) it shall be designed in a customer- friendly way; (c) it shall allow for a maximum degree of interoperability; (d) it shall ensure that the concept of net neutrality is respected for all data use, in particular access to VOIP and other similar services; (e) customers shall be able to easily and quickly switch to an alternative roaming provider or between alternative roaming providers while retaining their mobile number; (f) roaming by Union citizens in third countries shall not be impeded.

Amendment 146 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER

Proposal for a regulation
Article 3 – paragraph 2

2. Wholesale roaming access shall cover access to all network elements and associated facilities, relevant services, network capacity, software and information systems, necessary for the provision of roaming services to customers.

Amendment 147 #

Proposal for a regulation
Article 5 – paragraph 2

For the purpose of separate sale of roaming services, operators shall make sure that facilities meeting the criteria set out in paragraph 1 are in place by 1 ~~July~~March 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.

Amendment 147 #

Proposal for a regulation
Article 3 – paragraph 2

2. Wholesale roaming access ~~shall cover access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers~~request shall be granted within a six month period from the receipt of the request by the network operator.

Amendment 148 #

Proposal for a regulation
Article 5 – paragraph 2

For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 Julyne 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.

Amendment 148 #

Proposal for a regulation
Article 3 – paragraph 2

2. Wholesale roaming access shall cover, at non-discriminatory conditions, access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers, also in derogation to Directive 2002/19/EC.

Amendment 149 #

Proposal for a regulation
Article 5 – paragraph 2

For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of ~~a ‘EU roaming profile’ on the same SIM card and the use of~~ the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.

Amendment 149 #

Proposal for a regulation
Article 3 – paragraph 3

3. WDirect wholesale roaming access request shall be granted within a two month period from the receipt of the request by the network operator. The access should be implemented in a reasonable period of time and less than six months.

Amendment 150 #

Proposal for a regulation
Article 6 – paragraph 1

1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,140 per minute as of 1 July 2012.

Amendment 150 #

Proposal for a regulation
Article 3 – paragraph 3

3. Wholesale roaming access request shall be granted within a ~~two~~six-month period from the receipt of the request by the network operator.

Amendment 151 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 6 – paragraph 1

Amendment 151 #

Proposal for a regulation
Article 4

Amendment 152 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 152 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER

Proposal for a regulation
Article 4 – paragraph 1

1. Home providers shall enable their subscribers to access voice, SMS and data roaming services of any ~~interconnected~~ alternative roaming provider.

Amendment 153 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 153 #

Proposal for a regulation
Article 4 – paragraph 1

1. ~~Home provider~~Providers of domestic mobile communications services shall enable their ~~subscrib~~customers to access voice, SMS and data roaming services o~~f any interconnected alternative roaming provid~~r to access local data roaming services provided by any alternative roaming provider offering roaming services in the Member State where the contract or arrangement for the provision of domestic mobile communications services has been concluded with the customer.

Amendment 154 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 154 #

Proposal for a regulation
Article 4 – paragraph 1

1. ~~Home provider~~Providers of domestic mobile communication services shall enable their subscribers to access voice, SMS and data roaming ~~services of~~, or to access local data roaming services provided by any interconnected alternative roaming provider.

Amendment 155 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 155 #

Proposal for a regulation
Article 4 – paragraph 1

1. HWith effect from 1 March 2014, home providers shall enable their ~~subscrib~~customers to access voice, SMS and data roaming services of any ~~interconnected~~ alternative roaming provider who has been granted access in order to provide separate roaming services, as provided for in Article 5.

Amendment 156 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 156 #

Jürgen CREUTZMANN, Morten LØKKEGAARD, Michael THEURER

Proposal for a regulation
Article 4 – paragraph 2

2. With effect from 1 Julyne 2014, ~~home~~ providers of domestic mobile communications services shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services ~~from~~offered by an alternative roaming provider in accordance with paragraph 1. The roaming customers shall be given a period of two months within which to make their choice known to their ~~home~~ providers of domestic mobile communications services. In case a customer chooses to switch to an alternative roaming provider within this time limit, the switch should be carried out within a maximum period of one working day. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4.

Amendment 157 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 157 #

Proposal for a regulation
Article 4 – paragraph 2

2. With effect from 1 Julanuary 2014, home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative virtual roaming provider, and from 1 January 2015 from any alternative virtual roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4.

Amendment 158 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. In accordance with paragraph (1) of Article 3 home providers such as virtual mobile network operators and resellers may purchase wholesale roaming services from operators of home networks who obtain and resell wholesale roaming services from an operator of a visited network in accordance with paragraph (1) of Article 6. In this case, the average wholesale charge that the operator may levy shall allow for an additional charge of no more than EUR 0,20/min to cover the reasonable costs of the home provider.

Amendment 158 #

Proposal for a regulation
Article 4 – paragraph 2

2. ~~With effect from 1 July 2014~~Before the date mentioned in paragraph 1, home providers shall inform all their roaming customers ~~of the possibility to unsubscr~~in a clear, comprehensive and easily accessible f~~rom their existing roaming services and~~orm about the possibility to opt for roaming services from an alternative roaming provider~~. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period~~, temporarily or permanently. Roaming customers shall have the right to opt for an alternative roaming provider at any moment, temporarily or permanently, in line with paragraphs 3 and 4.

Amendment 159 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,106 and EUR 0,064, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,064 for the duration of this Regulation.

Amendment 159 #

Proposal for a regulation
Article 4 – paragraph 2

2. With effect from 1 July 2014, home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider. ~~The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period~~Roaming customers shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4.

Amendment 160 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,105 and EUR 0,063, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,063 for the duration of this Regulation.

Amendment 160 #

Proposal for a regulation
Article 4 – paragraph 4

4. Any switch to or from an alternative roaming provider, or between alternative roaming providers, shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within ~~five working day~~a reasonable period of time defined in the guidelines laid down by BEREC with regard to an harmonized solution for the separate provision of roaming services, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding t~~hree~~wo months.

Amendment 161 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,107 and EUR 0,064, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,064 for the duration of this Regulation.

Amendment 161 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER

Proposal for a regulation
Article 4 – paragraph 4

4. Any switch to ~~or from~~ an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than the roaming service provided by the alternative roaming provider, and shall be carried out within ~~fiv~~one working days, save that where a roaming customer who has subscribed to a ~~domestic~~ package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the ~~home~~ provider of domestic mobile communications services may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding t~~hree~~wo months.

Amendment 162 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,108 and EUR 0,065, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,065 for the duration of this Regulation.

Amendment 162 #

Proposal for a regulation
Article 4 – paragraph 4

Amendment 163 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,067, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 139, the maximum average wholesale charge shall remain at EUR 0,067 for the duration of this Regulation.

Amendment 163 #

Proposal for a regulation
Article 4 – paragraph 4

Amendment 164 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,109 and EUR 0,06, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,06 for the duration of this Regulation.

Amendment 164 #

Proposal for a regulation
Article 4 – paragraph 4

Amendment 165 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,107 and EUR 0,064, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 139, the maximum average wholesale charge shall remain at EUR 0,064 for the duration of this Regulation.

Amendment 165 #

Jürgen CREUTZMANN, Michael THEURER, Morten LØKKEGAARD

Proposal for a regulation
Article 4 – paragraph 5

5. At the time of making or renewing a contract on mobile communication services, ~~home~~ providers of domestic mobile communications services shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and ~~facilitate~~shall not hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the ~~home~~ provider ~~for roaming~~of domestic mobile communications services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.

Amendment 166 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10, EUR 0,07 and EUR 0,06 on 1 July 2013, on 1 July 20134 and on 1 July 20145 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,06 for the duration of this Regulation.

Amendment 166 #

Marc TARABELLA, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Article 4 – paragraph 6

6. The ~~home~~ provider of domestic mobile communications services or the operator of a visited network shall not alter the technical characteristics of roaming services provided by an alternative roaming provider in such a way as to make them differ from the technical characteristics, including the quality parameters, of roaming services provided by the ~~operator providing~~provider of domestic mobile communications services.

Amendment 167 #

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2

The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the Union by the relevant operator over the relevant period, aggregated on a per second basis ~~adjusted to take account of the possibility for the operator of the visited network to apply an initial minimum charging period not exceeding 30 seconds~~.

Amendment 167 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6 a. When a customer is offered by his home provider roaming tariffs close enough to the tariffs for domestic voice, SMS and data services he benefits from, the obligation for this operator to enable its customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to what are roaming tariffs close to domestic tariffs.

Amendment 168 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,321 per minute for any call made or EUR 0,1109 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2816 and EUR 0,2411 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,107 on 1 July 2013, and EUR 0,05 on 1 July 20134. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain ~~valid until 30 June 2016~~at EUR 0,05 for the duration of this Regulation.

Amendment 168 #

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6a. If the customer has subscribed for local data roaming services with an alternative roaming provider in accordance with paragraph 1, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services.

Amendment 169 #

Marc TARABELLA, Anna HEDH, Sylvana RAPTI, Catherine STIHLER

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,1104 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2815 and EUR 0,2410 on 1 July 2013 and on 1 Julanuary 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013. ~~Without prejudice to Articles 13 and 19 t~~These regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.

Amendment 169 #

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6a. If a customer accepts an offer by his domestic operator where roaming tariffs are practically equivalent to his domestic tariffs for voice, data and SMS services, the obligations imposed to the operator to enable its customer to access voice, SMS and data roaming services of any alternative roaming operator who has been granted access in order to provide separate roaming services, as provided in article 5, as described in paragraphs 1 to 6 above, shall not apply. After public consultation BEREC, in close co- operation with the Commission, shall lay down within three months after the adoption of this Regulation, guidelines with regard to the conditions that roaming tariffs must meet in order to be considered "practically equivalent". The Commission, taking into outmost account of the guidelines established by BEREC and after consulting the relevant National Regulatory Authorities, shall without delay decide if each operator's "practically equivalent" exception clause applies. BEREC shall monitor that all operators that decide to implement this exception clause continuously comply with the established guidelines.

Amendment 170 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,132 per minute for any call made or EUR 0,1106 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,128 and EUR 0,2410 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,~~10 on 1 July 2013~~05 and EUR 0,03 on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 170 #

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6a. The obligations provided for in paragraphs 1 to 6 above and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.

Amendment 171 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,3215 per minute for any call made or EUR 0,1105 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2813 and EUR 0,2410 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013. From 1 July 2014, home providers shall not levy any charge from their roaming customers for calls received. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 171 #

Jürgen CREUTZMANN, Morten LØKKEGAARD, Michael THEURER

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6a. When a customer is offered by his domestic operator roaming tariffs significantly close to the tariffs for domestic voice, SMS and data services he benefits from, the obligation for this operator to enable its customer to access voice, SMS and data roaming services of any alternative roaming operator who has been granted access in order to provide separate roaming services, as provided in article 5, as described in paragraphs 1 to 6 above, shall not apply. BEREC, after consulting stakeholders and in close co- operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to what are roaming tariffs significantly close to domestic tariffs; this procedure should take into account the coverage obligation imposed by Member States.

Amendment 172 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2~~8 and EUR 0,24~~5, EUR 0,21, and EUR 0,18 on 1 July 2013, on 1 July 20134 and on 1 July 2014 5respectively, and for calls received to EUR 0,~~10 on 1 July 2013~~08, EUR 0,07 and EUR 0,06 on 1 July 2013, on 1 July 2014 and 1 July 2015 respectively. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 172 #

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6a. The obligations related to voice and sms roaming provided for in paragraphs 1 to 6 above and Article 5 shall not apply to home providers who offer to all of their subscribers voice and sms roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. If an operator opts for voluntary reduction, it would have to apply to all of its tariff plans. BEREC in close co- operation with the Commission, shall lay down, within 3 months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.

Amendment 173 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,3215 per minute for any call made or EUR 0,1107 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2813 and EUR 0,2410 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,~~10 on 1 July 2013. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30~~05 and EUR 0,03 on 1 July 2013 and 1 July 2014 respectively, after which roaming charges shall be aligned with domestic rates, which must not exceed the amount set here, by 1 Junely 20165.

Amendment 173 #

Proposal for a regulation
Article 4 – paragraph 6 b (new)

6b. When a customer is offered by his home provider roaming tariffs significantly close to the tariffs for domestic voice, SMS and data services, the obligation for this operator to enable its customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply.

Amendment 174 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,241 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,108 on 1 July 2013 and EUR 0,07 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 174 #

Proposal for a regulation
Article 4 – paragraph 6 b (new)

6b. Providers of domestic mobile communication services shall not prevent their customers from temporarily access local data services of any alternative provider of local mobile data roaming services.

Amendment 175 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,1106 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,218 and EUR 0,124 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,105 on 1 July 2013. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 175 #

Proposal for a regulation
Article 4 – paragraph 6 c (new)

6c. The home operator shall continue to provide voice and sms roaming while the costumer is temporarily using local data services with the same technical characteristics as when the customer is using data roaming services provided by the provider of domestic mobile communications services. No extra charge shall be levied on any consumer who chooses to temporarily access local data services of any alternative provider.

Amendment 176 #

Eija-Riitta KORHOLA

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,240 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 on 1 July 2013. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 20168.

Amendment 176 #

Proposal for a regulation
Article 4 – paragraph 6 c (new)

6c. The maximum difference operators may apply between domestic and roaming tariffs in order to comply with the above paragraph 6 b should be set by the Commission through delegated acts on basis of the opinion of BEREC, after consulting stakeholders and within a reasonable period of time not exceeding three months after the adoption of this Regulation. When all roaming offers of an operator meet the conditions provided for in this paragraph, paragraphs 1 to 6 above and Article 5 shall not apply.

Amendment 177 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,1107 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2815 and EUR 0,2410 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,106 on 1 July 2013 and EUR 0,05 on 1 July 2014. Without prejudice to Article~~s 13 and~~ 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 20167.

Amendment 177 #

Philippe JUVIN, Damien ABAD

Proposal for a regulation
Article 4 – paragraph 6 d (new)

6d. Operators shall by 1 July 2014 make sure that facilities are in place for customers to temporarily access local data roaming services of any provider while keeping their mobile number.

Amendment 178 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,2418 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 on 1 July 2013 and EUR 0,08 on 1 July 2014. Without prejudice to Article~~s 13 and~~ 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 20167.

Amendment 178 #

Proposal for a regulation
Article 4 – paragraph 6 e (new)

6e. The providers of local data roaming services in the visiting country shall not discriminate roaming customers but offer data services at similar terms and conditions that are being offered to domestic customers.

Amendment 179 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,2418 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 and EUR 0,08 on 1 July 2013 and 1 July 2014 respectively. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 179 #

Proposal for a regulation
Article 4 a (new)

Article 4 a Temporary access to local data roaming services 1. Providers of domestic mobile communications services shall not prevent their customers from temporarily accessing local data roaming services of any provider of local mobile data roaming services without unsubscribing from their existing data roaming contract or arrangement. 2. Paragraph 1 shall not apply if a customer has opted for a contract with an alternative roaming provider pursuant to Article 4. 3. While the customer is temporarily using local data roaming services, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services. 4. The customer's choice to temporarily access local data roaming services of any provider of local data roaming services shall not entail any associated subscription or other fixed or recurring charges by the home provider and shall be possible with any retail tariff plan. 5. Any temporary switch to a provider of local data roaming services instead of data roaming services by the provider of domestic mobile communications services and any switch back to the provider of domestic mobile communications services shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription, and shall be carried out without delay.

Amendment 180 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4

~~By way of derogation from the third subparagraph, the home provider may apply an initial minimum charging period not exceeding 30 seconds to calls made which are subject to a Eurotariff.~~deleted

Amendment 180 #

Proposal for a regulation
Article 4 a (new)

Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2014, the retail price caps as prescribed by Articles 7, 9 and 12 shall have effect.

Amendment 181 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4

~~By way of derogation from the third subparagraph, t~~The home provider ~~may~~shall not apply an ~~initial~~y minimum charging period ~~not exceeding 30 seconds~~ to calls made which are subject to a Eurotariff.

Amendment 181 #

Proposal for a regulation
Article 5

Amendment 182 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4

~~By way of derogation from the third subparagraph, the home provider may apply an initial minimum charging period not exceeding 30 seconds to calls made which are subject to a Eurotariff.~~deleted

Amendment 182 #

Proposal for a regulation
Article 5 – paragraph 1

In order to ensure the development of the single market for telecommunications, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union.

Amendment 183 #

Marc TARABELLA, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Article 7 – paragraph 5

5. Any roaming customer may request to switch to or from a Eurotariff. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription, save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service (namely, voice, SMS and/or data) wishes to switch to a Eurotariff, the home provider may require the switching customer to forego the benefits of the other elements of that package. A home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding t~~hree~~wo months, including the eventual contractual notice period.

Amendment 183 #

Proposal for a regulation
Article 5 – paragraph 1

In order to ensure the development of the single market, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union.deleted

Amendment 184 #

Proposal for a regulation
Article 7 – paragraph 5 a (new)

5a. Home providers shall not disable, disallow or otherwise hamper active or passive calling when roaming for new customers or existing Eurotariff customers unless these customers specifically request so or have exceeded a cut-off limit.

Amendment 184 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER

Proposal for a regulation
Article 5 – paragraph 1

In order to ensure the development of the single market, implementation of the technical solutions for the facility of separate sale of roaming services and for enabling access to local data roaming services must be cost effective and shall take place simultaneously across the Union.

Amendment 185 #

Proposal for a regulation
Article 8 – paragraph 1

1. With effect from 1 July 2012, the average wholesale charge that the operator of a visited network may levy from the customer's home provider, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message~~. The maximum average wholesale charge for the provision of a regulated roaming SMS message shall decrease~~, and shall decrease to EUR 0,02 on 1 July 2013 and to EUR 0,021 on 1 July 2014. Without prejudice to Article 13 the regulated wholesale charge for the provision of regulated roaming SMS messages shall remain at EUR 0,021 for the duration of this Regulation.

Amendment 185 #

Robert GOEBBELS, Marita ULVSKOG, Francesco DE ANGELIS

Proposal for a regulation
Article 5 – paragraph 1

In order to ensure the development of the ~~single~~temporarily single roaming market, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union and meet the following criteria: a) any technical solution must be cost- effective; b) it shall be designed in a consumer- friendly way; c) it shall allow for a maximum degree of interoperability; d) it shall allow for a local break-out solution for data usage in a consumer- friendly manner; e) it shall ensure that the concept of net neutrality is respected for all data use, in particular access to VOIP and other similar services; f) end-users shall be able to easily and quickly switch to an alternative roaming provider or between alternative roaming providers while retaining their mobile number; g) roaming by EU citizens in third countries or by third country citizens in the EU shall not be impeded.

Amendment 186 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 8 – paragraph 1

1. With effect from 1 July 2012, the average wholesale charge that the operator of a visited network may levy from the customer's home provider, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message~~. The maximum average wholesale charge for the provision of a regulated roaming SMS message shall decrease~~ and shall decrease to EUR 0,02 on 1 July 2013 and to EUR 0,021 on 1 July 2014. Without prejudice to Article 139 the regulated wholesale charge for the provision of regulated roaming SMS messages shall remain at EUR 0,021 for the duration of this Regulation.

Amendment 186 #

Proposal for a regulation
Article 5 – paragraph 2

For the purpose of separate sale of roaming services, operators shall make sure that facilities meeting the requirements of paragraph 1 are in place by 1 ~~July~~March 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.

Amendment 187 #

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. In accordance with paragraph (1) of Article 3 home providers such as virtual mobile network operators and resellers may purchase wholesale roaming services from operators of home networks who obtain and resell wholesale roaming services from an operator of a visited network pursuant to paragraph (1) of Article 8. In this case, the average wholesale charge that the operator may levy shall allow for an additional charge of no more than EUR 0,050 per SMS message to cover the reasonable costs of the home operator.

Amendment 187 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER

Proposal for a regulation
Article 5 – paragraph 2

For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of ~~a ‘EU roaming profile’ on~~ the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing ~~for interconnection~~ related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.

Amendment 188 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer ~~may vary for any roaming SMS message but shall not exceed EUR 0,10~~shall reduce to EUR 0,09 on 1 July 2012, to 0,07 on 1 July 2013 and to 0,05 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,~~10 until 30 June 2016~~05 for the duration of this Regulation.

Amendment 188 #

Proposal for a regulation
Article 5 – paragraph 2

1. For the purpose of separate sale of roaming services in accordance with Article 4, operators shall make sure that facilities are in place by 1 Julyne 2014 at the latest, to ensure that their customers can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection and while using the same terminal. Pricing for interconnection and additional support services related to the provision of thisese facilityies shall be cost- orientated and there should be no direct charges to consumers for the use of this facility.

Amendment 189 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall ~~not exceed EUR 0,10. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,10 until 30~~fall from EUR 0,07 on 1 July 2012 to EUR 0,03 on 1 July 2014, after which the SMS roaming charge shall be aligned with the domestic rate by 1 Junely 20165.

Amendment 189 #

Proposal for a regulation
Article 5 – paragraph 2

For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.

Amendment 190 #

Marc TARABELLA, Anna HEDH, Sylvana RAPTI, Catherine STIHLER

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,~~10. Without prejudice to Articles 13 and 19, t~~07. The price ceiling shall decrease to 0,06 on 1 July 2013 and to 0,05 on 1 January 2014. The regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.

Amendment 190 #

Proposal for a regulation
Article 5 – paragraph 2

For the purpose of separate sale of roaming services, operators shall make sure that facilities meeting the requirements set out in paragraph 1 are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facilityPricing for interconnections shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.

Amendment 191 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,107. The price ceiling for SMS sent shall decrease to EUR 0,05 on July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016.

Amendment 191 #

Proposal for a regulation
Article 5 – paragraph 2

For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 ~~July~~March 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators ~~may in particular allow the use of a ‘EU roaming profile’ on~~shall meet reasonable requests for access to, and use of, corresponding specific network elements and associated facilities such as the access to the same SIM card ~~and~~or the use of the same terminal alongside domestic mobile services. Pricing for ~~interconnection~~wholesale access related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.

Amendment 192 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,107, and shall not exceed EUR 0,05 from 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016.

Amendment 192 #

Proposal for a regulation
Article 5 – paragraph 2

For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of ~~an "EU roaming profile" on the same SIM card and the use of~~ the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.

Amendment 193 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer ~~may vary for any roaming SMS message but shall not exceed EUR 0,10~~shall decrease to EUR 0,09 on 1 July 2012, 0,07 on 1 July 2013 and 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.

Amendment 193 #

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2. The provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to its customers using local data roaming services of the alternative roaming provider.

Amendment 194 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,107 per SMS message. The regulated maximum retail charge for an SMS message shall decrease to EUR 0,06 and EUR 0,05 on 1 July 2013 and 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016.

Amendment 194 #

Jürgen CREUTZMANN, Michael THEURER, Morten LØKKEGAARD

Proposal for a regulation
Article 5 – paragraph 2 b (new)

3. For the purpose of enabling temporary access to local data roaming services in accordance with Article 4a, operators shall make sure that facilities are in place by 1 June 2014 at the latest, to ensure that their customers can temporarily access local data roaming services of any provider of such services while keeping their mobile number and while using the same terminal. Pricing for user authentication services shall be free of charge and pricing for additional support services related to the provision of these facilities shall be cost-orientated and there shall be no direct charges to consumers for the use of this facility.

Amendment 195 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,109. The price for a regulated roaming SMS shall decrease to EUR 0,07, and EUR 0,06, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.

Amendment 195 #

Proposal for a regulation
Article 5 – paragraph 2 c (new)

4. If the provider of domestic mobile communications services is offering roaming services in the country of a provider of local data roaming services, the provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to the customers of the provider of local data roaming services in the visited country.

Amendment 196 #

Eija-Riitta KORHOLA

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall ~~not exceed EUR 0,10~~decrease to EUR 0,10 on 1 July 2012, to 0,08 on 1 July 2013 and to 0,06 on July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 20168.

Amendment 196 #

Proposal for a regulation
Article 5 – paragraph 2 d (new)

5. In order to ensure the development of the single market, the implementation of the facilities referred to in Paragraphs 1 and 3, through one or more technical solutions, shall take place in a harmonised way across the Union and shall meet the following essential requirements: – consumer friendliness, in particular allowing consumers to easily and quickly switch to an alternative roaming provider while keeping their existing mobile phone number; – ability to serve different categories of consumer demand on competitive terms, including intensive users of data services; – ability to effectively foster competition, taking also into account the scope for operators to exploit their infrastructure assets or commercial arrangements; – cost-effectiveness, taking into account the division of costs between the providers of domestic mobile communications services and the alternative roaming providers; – ability to give effect to the obligation to enable consumers to select an alternative roaming provider within the time limit laid down in paragraph 1.

Amendment 197 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer ~~may vary for any roaming SMS message but shall not exceed EUR 0,10~~shall be reduced to EUR 0,07 on 1 July 2012, EUR 0,06 on 1 July 2013 and EUR 0,05 on 1 July 2014. Without prejudice to Article~~s 13 and~~ 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 20167.

Amendment 197 #

Philippe JUVIN, Damien ABAD

Proposal for a regulation
Article 5 – paragraph 3

6. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, gGuidelines with regard to harmonised technical solutions relating to the facility for the separate sale of roaming services and to harmonised procedures to change the provider of roaming services, and relating to the facility for enabling access to local data roaming services. Upon a reasoned request from ~~the~~ BEREC, the Commission may extend that period. Where necessary, after consulting stakeholders and in close cooperation with the Commission, BEREC may update the Guidelines.

Amendment 198 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer ~~may vary for any roaming SMS message but shall not exceed EUR 0,10~~shall decrease to EUR 0,09 on 1 July 2013 and 0,06 on 1 July 2014. Without prejudice to Article~~s 13 and~~ 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 20167.

Amendment 198 #

Proposal for a regulation
Article 5 – paragraph 3

Amendment 199 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10. With effect from 1 July 2014, that charge may not exceed EUR 0,06. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.

Amendment 199 #

Marc TARABELLA, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Article 5 – paragraph 3

Amendment 200 #

Proposal for a regulation
Article 9 – paragraph 6

6. Any roaming customer may request to switch to or from a Euro-SMS tariff at any time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding t~~hree~~wo months, including the eventual contractual notice period. A Euro-SMS tariff may always be combined with a Eurotariff.

Amendment 200 #

Proposal for a regulation
Article 5 – paragraph 3

BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to a harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services. Upon a reasoned request from the BEREC, the Commission may extend that periodsolution for the separate provision of roaming services. This solution shall observe objective criteria and minimum requirements including in particular meet the following essential requirements: - simultaneous implementation of the technical solutions across the Union; - ability for end-users to keep their existing mobile phone number; - easy and quick switch for end-users to an alternative roaming provider and between alternative roaming providers while retaining their domestic operator; - technical ability for Union citizens to continue roaming in third countries and for third-country citizens to continue roaming in the Union; - technical feasibility, - proportionality of costs incurred by each party, - impact on competition (both at retail and wholesale levels), - network integrity (including user authentication and identification) and - protection of commercial and personal data held by operators. The BEREC guidelines should in particular cover technical aspects relating to the facility for separate roaming services and harmonised procedures to change the provider of roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. BEREC shall keep the guidelines under review and, taking into account their practical application, issue revised guidelines if necessary to achieve the essential requirements in a more effective or efficient manner.

Amendment 201 #

Proposal for a regulation
Article 9 – paragraph 6 a (new)

6a. Home providers shall not disable, disallow or otherwise hamper the sending or receiving of SMS when roaming for new customers or existing Eurotariff customers unless these customers specifically request so or have exceeded a cut-off limit.

Amendment 201 #

Proposal for a regulation
Article 5 – paragraph 4

If necessary, the Commission ~~could~~shall give a mandate to a European Standardisation Body for the adaptation of the relevant standards that are necessary for the harmonised implementation of the facility. The Commission shall, after having consulted BEREC and relevant stakeholders, be empowered to adopt delegated acts in accordance with Article 18a in order to establish harmonised technical solutions relating both to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services.

Amendment 202 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,305, EUR 0,204 as of 1 July 2013 and EUR 0,103 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,103 per megabyte of data transmitted for the duration of this Regulation.

Amendment 202 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

Where access is refused, the aggrieved party may submit the case to the dispute resolutions procedure referred to in Articles 20 and 21 of Directive 2002/21/EC. When settling such a dispute, national regulatory authorities shall take the utmost account of BEREC guidelines, as provided for in Article 3 of Regulation 1211/2009 and, if applicable, implementing acts.

Amendment 203 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 10~~,30, EUR 0,20 as of 1 July 2013 and EUR 0,10 as of 1 July 2014~~ per megigabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megigabyte of data transmitted for the duration of this Regulation.

Amendment 203 #

Róża Gräfin von THUN UND HOHENSTEIN

Proposal for a regulation
Article 5 – paragraph 4 b (new)

When all the offers of an operator meet the conditions set up in article 4(6a), requests brought to this operator by other operators for access to, and use of, corresponding specific network elements and associated facilities for the purpose of separate sale of roaming services, as described in paragraphs 1 to 6 of Article 4 , may be turned down.

Amendment 204 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 20,30, EUR ~~0,2~~150 as of 1 July 2013 and EUR 0,100 as of 1 July 2014 per megigabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,100 per megigabyte of data transmitted for the duration of this Regulation.

Amendment 204 #

Proposal for a regulation
Article 5 – paragraph 4 c (new)

For the purposes of ensuring the uniform implementation of paragraph 3, the Commission, taking utmost account of the guidelines of BEREC, may adopt implementing acts to further harmonize practical modalities allowing the separate sale of roaming services. These possible implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5a(2).

Amendment 205 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,305, EUR 0,204 as of 1 July 2013 and EUR 0,103 as of 1 Julanuary 2014 per megabyte of data transmitted. ~~Without prejudice to Article 13 t~~The maximum ~~average~~ wholesale charge ~~for the provision of regulated data roaming services~~ shall remain at EUR 0,103 per megabyte ~~of data transmitted for the duration of this Regulation~~used until 1 July 2014 when price differentiation between domestic and roaming data shall be no longer possible.

Amendment 205 #

Proposal for a regulation
Article 5 – paragraph 4 d (new)

The Commission shall be assisted by the Communications Committee established by Article 22 of Directive 2002/21/EC. That committee shall be a committee within the meaning of Regulation 182/2011. Where reference is made to this paragraph, Article 5 of Regulation 182/2011 shall apply.

Amendment 206 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,2017 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.

Amendment 206 #

Proposal for a regulation
Article 5 a (new)

Amendment 207 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,3022, EUR 0,2015 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.

Amendment 207 #

Herbert REUL

Proposal for a regulation
Article 6 – paragraph 1

1.(1) The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,145 per minute as of 1 July 2012.

Amendment 208 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,3025, EUR 0,2015 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 139 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.

Amendment 208 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 209 #

Jürgen CREUTZMANN, Michael THEURER, Morten LØKKEGAARD

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,217 as of 1 July 2013, EUR 0,10 as of 1 July 20134 and EUR 0,108 as of 1 July 20145 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,108 per megabyte of data transmitted for the duration of this Regulation.

Amendment 209 #

Adina-Ioana VĂLEAN, Jürgen CREUTZMANN, Michael THEURER

Proposal for a regulation
Article 6 – paragraph 1

Amendment 210 #

Laurence J.A.J. STASSEN

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,03~~0, EUR 0,20 as of 1 July 2013 and EUR 0,10 as of 1 July 2014~~ per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,103 per megabyte of data transmitted for the duration of this Regulation.

Amendment 210 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 211 #

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1a. Pursuant to Article 3 paragraph 1, home providers such as virtual mobile network operators and resellers may purchase wholesale roaming services from operators of home networks who obtain and resell wholesale roaming services from an operator of a visited network pursuant to paragraph 1 above. In this case, the average wholesale charge that the operator may levy shall allow for an additional charge of no more than EUR 0,30 per megabyte as of 1 July 2012, EUR 0,20 per megabyte as of 1 July 2013 and EUR 0,10 per megabyte as of 1 July 2014 to cover the reasonable costs of the home operator.

Amendment 211 #

Róża Gräfin von THUN UND HOHENSTEIN

Proposal for a regulation
Article 6 – paragraph 1

Amendment 212 #

Proposal for a regulation
Article 11 – paragraph 3

3. The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each provider of roaming services for the provision of regulated data roaming services in the relevant period by the total number of megigabytes of data actually consumed by the provision of those services within that period, aggregated on a per kilobyte basis.

Amendment 212 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 213 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,950 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,510, per megabyte used on 1 July 2013 and on 1 July 2014 respectively~~. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,50, per megabyte used until 30~~, after which data roaming charges will be aligned with domestic rates, which must not exceed the Eurotariff set here, by 1 Junely 20165.

Amendment 213 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 214 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,950 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,520, per megabyte used on 1 July 2013 and on 1 Julanuary 2014 respectively. ~~Without prejudice to Articles 13 and 19, t~~The regulated maximum retail charge shall remain at EUR 0,520, per megabyte used until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.

Amendment 214 #

Herbert REUL

Proposal for a regulation
Article 6 – paragraph 2

2.(2) The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,101 and EUR 0,06 7, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,067 for the duration of this Regulation.

Amendment 215 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,950 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,510, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,510, per megabyte used until 30 June 2016.

Amendment 215 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,108 and EUR 0,06 5, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,064 for the duration of this Regulation.

Amendment 216 #

Adina-Ioana VĂLEAN, Jürgen CREUTZMANN, Michael THEURER

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR ~~0,9~~20 per megigabyte. The ~~price ceiling for data used shall decrease to EUR 0,70 and EUR 0,50,~~maximum retail charge for the provision of roaming data below 1 gigabyte shall be proportionate to EUR 20 per megigabyte ~~used on 1 July 2013 and on 1 July 2014 respectively~~. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR ~~0,5~~20, per megigabyte used until 30 June 2016.

Amendment 216 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,06 7, on 1 July 2013 ~~and~~,on 1 July 2014 and 0,06 on 1 July 20145 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,06 for the duration of this Regulation.

Amendment 217 #

Róża Gräfin von THUN UND HOHENSTEIN

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 50,90 per megigabyte. The price ceiling for data used shall decrease to EUR 30,70 and EUR 20,50, per megigabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 20,50, per megigabyte used ~~until 30 June 2016~~for the duration of this Regulation.

Amendment 217 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,106 and EUR 0,064 , on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,064 for the duration of this Regulation.

Amendment 218 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,9015 per megabyte. The price ceiling for data used shall decrease to EUR 0,7012 and EUR 0,509, per megabyte used on 1 July 2013 and on 1 Julanuary 2014 respectively. ~~Without prejudice to Articles 13 and 19, t~~The regulated maximum retail charge shall remain at EUR 0,509, per megabyte used until 301 Junely 20164 when price differentiation between domestic and roaming data shall be no longer possible.

Amendment 218 #

Jürgen CREUTZMANN, Michael THEURER, Morten LØKKEGAARD

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,067 , on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 139, the maximum average wholesale charge shall remain at EUR 0,067 for the duration of this Regulation.

Amendment 219 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750, EUR 0,30 and EUR 0~~,50~~.25, per megabyte used on 1 July 2013, on 1 July 2014 and on 1 July 20145 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,250, per megabyte used until 30 June 2016.

Amendment 219 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,107 and EUR 0,064 , on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,064 for the duration of this Regulation.

Amendment 220 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750 and EUR 0,~~50,~~30 per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,~~50,~~30 per megabyte used until 30 June 2016.

Amendment 220 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,06 7, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 139, the maximum average wholesale charge shall remain at EUR 0,067 for the duration of this Regulation.

Amendment 221 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,9045 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,520, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,520, per megabyte used until 30 June 2016.

Amendment 221 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,06 , on 1 July 2013 and on 1 July 2014 respectively. ~~Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,06 for the duration of this Regulation.~~

Amendment 222 #

Eija-Riitta KORHOLA

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,960 per megabyte. The price ceiling for data used shall decrease to EUR 0,7045 and EUR 0,~~50,~~30 per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,~~50,~~30 per megabyte used until 30 June 20168.

Amendment 222 #

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,105 and EUR 0,06 3, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 139, the maximum average wholesale charge shall remain at EUR 0,063 for the duration of this Regulation.

Amendment 223 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,950 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,520, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article~~s 13 and~~ 19, the regulated maximum retail charge shall remain at EUR 0,520, per megabyte used until 30 June 20167.

Amendment 223 #

Philippe JUVIN, Damien ABAD

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,104 and EUR 0,06 3, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 139, the maximum average wholesale charge shall remain at EUR 0,063 for the duration of this Regulation.

Amendment 224 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,90 per megabyte. The price ceiling for data used shall decrease to EUR 0,70 and EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article~~s 13 and~~ 19, the regulated maximum retail charge shall remain at EUR 0,530, per megabyte used until 30 June 20167.

Amendment 224 #

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2

Amendment 225 #

Laurence J.A.J. STASSEN

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,~~90 per megabyte. The price ceiling for data used shall decrease to EUR 0,70 and EUR 0,50, per megabyte used on 1 July 2013 and on 1 July 2014 respectively~~10 per megabyte. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,~~50,~~10 per megabyte used until 30 June 2016.

Amendment 225 #

Marc TARABELLA, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2

Amendment 226 #

Proposal for a regulation
Article 12 – paragraph 5

5. Any roaming customer may request to switch to or from a Euro-data tariff respecting their contractual conditions at any point in time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding t~~hree~~wo months, including the eventual contractual notice period. A Euro-data tariff may always be combined with a Euro-SMS tariff and a Eurotariff.

Amendment 226 #

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1

1. Home providers shall not discriminate by substantially higher marginals and higher prices for roaming customers compared to domestic customers, and make available and actively offer to all their roaming customers, clearly and transparently, a Eurotariff as provided for in paragraph 2. This Eurotariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff.

Amendment 227 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 12 – paragraph 6

6. No later than 30 June 2012, home providers shall inform all their roaming customers individually, and in a durable media format, about the Euro-data tariff, that it will apply from 1 July 2012 at the latest to all roaming customers who have not made a deliberate choice of a special tariff or package applicable to regulated data services, and about their right to switch to and from it in accordance with paragraph 5.

Amendment 227 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,1104 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,2815 and EUR 0,2410 on 1 July 2013 and on 1 Julanuary 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013 . ~~Without prejudice to Articles 13 and 19 t~~These regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 20164 when price differentiation between domestic and roaming calls will no longer be possible.

Amendment 228 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 13

Article 13 Conditions for advance non-application of maximum wholesale and retail charges 1. In order to assess the competitive development in the roaming markets BEREC shall collect regularly data on the development of retail and wholesale charges for voice, SMS and data roaming services. These data shall be notified to the Commission, at least twice a year. The Commission shall make them public. 2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to 75% or less of the maximum wholesale charges provided for in Articles 6(2), 8(1) and 11(1), the maximum wholesale charges for the roaming service concerned shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum wholesale charges no longer apply for the service concerned. 3. If, following the implementation of the separate sale of roaming services referred to in Article 5 and before 1 July 2016, the average retail charge at the Union level falls to 75% or less of the maximum retail charges provided for in Articles 7(2), 9(2) and 12(2), the maximum retail charges for that roaming services shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum retail charges no longer apply for the service concerned. 4. The relevant maximum charges shall cease to apply as from the first day of the month following the publication of the data proving that the conditions of paragraphs 2 or 3 respectively are satisfied.deleted

Amendment 228 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,321 per minute for any call made or EUR 0,1109 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,2816 and EUR 0,2411 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,107 on 1 July 2013 , and 0,05 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain ~~valid until 30 June 2016~~at EUR 0,05 for the duration of this Regulation.

Amendment 229 #

Adina-Ioana VĂLEAN, Jürgen CREUTZMANN, Michael THEURER

Proposal for a regulation
Article 13

Conditions for advance non-application of maximum wholesale and retail charges 1. In order to assess the competitive development in the roaming markets BEREC shall collect regularly data on the development of retail and wholesale charges for voice, SMS and data roaming services. These data shall be notified to the Commission, at least twice a year. The Commission shall make them public. 2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to 75% or less of the maximum wholesale charges provided for in Articles 6(2), 8(1) and 11(1), the maximum wholesale charges for the roaming service concerned shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum wholesale charges no longer apply for the service concerned. 3. If, following the implementation of the separate sale of roaming services referred to in Article 5 and before 1 July 2016, the average retail charge at the Union level falls to 75% or less of the maximum retail charges provided for in Articles 7(2), 9(2) and 12(2), the maximum retail charges for that roaming services shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum retail charges no longer apply for the service concerned. 4. The relevant maximum charges shall cease to apply as from the first day of the month following the publication of the data proving that the conditions of paragraphs 2 or 3 respectively are satisfied.Article 13 deleted

Amendment 229 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,2~~8 and~~5 on 1 July 2013, EUR 0,241 on 1 July 20134 and to EUR 0,18 on 1 July 20145 respectively, and for calls received to EUR 0,108 on 1 July 2013 , EUR 0,07 on 1 July 2014 and to EUR 0,06 on 1 July 2015. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 230 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER

Proposal for a regulation
Article 13 – paragraph 2

2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to 750% or less of the maximum wholesale charges provided for in Articles 6(2), 8(1) and 11(1), the maximum wholesale charges for the roaming service concerned shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum wholesale charges no longer apply for the service concerned.

Amendment 230 #

Herbert REUL

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2.(2) The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,323 per minute for any call made or EUR 0,112 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,289 and EUR 0,245 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,101 on 1 July 2013 . Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 231 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER

Proposal for a regulation
Article 13 – paragraph 3

3. If, following the implementation of the separate sale of roaming services referred to in Article 5 ~~and before 1 July 2016~~, the average retail charge at the Union level falls to 750% or less of the maximum retail charges provided for in Articles 7(2), 9(2) and 12(2), the maximum retail charges for that roaming services shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum retail charges no longer apply for the service concerned.

Amendment 231 #

Róża Gräfin von THUN UND HOHENSTEIN, Anna Maria CORAZZA BILDT, Hans-Peter MAYER

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,328 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,284 and EUR 0,240 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,106 on 1 July 2013 . Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 232 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a ~~Member State~~country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited ~~Member State~~country.

Amendment 232 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,325 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,2415 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,108 on 1 July 2013 and EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 233 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State or a third country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member State or third country.

Amendment 233 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,241 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,108 on 1 July 2013 and 0,07 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 234 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State or a third country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member State.

Amendment 234 #

Marc TARABELLA, António Fernando CORREIA DE CAMPOS, Sylvana RAPTI, Catherine STIHLER

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,241 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,108 on 1 July 2013 , and 0,07 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 235 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer is at least 18 years old and has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a ~~Member State~~country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT and in the currency of his home bill) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited ~~Member State~~country.

Amendment 235 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,1106 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,2815 and EUR 0,2410 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,105 on 1 July 2013 . Without prejudice to Article~~s 13 and~~ 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 20167.

Amendment 236 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer is at least 18 years old and has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a ~~Member State~~country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited ~~Member State~~country.

Amendment 236 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,24 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 on 1 July 2013 . Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.deleted

Amendment 237 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

Amendment 237 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,1104 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,2815 and EUR 0,2410 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013 . Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

Amendment 238 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part

This basic personalised pricing information shall be sent to the customer when roaming outside as well as within the European Union and shall include the maximum charges the customer may be subject to under his tariff scheme for:

Amendment 238 #

Marc TARABELLA, António Fernando CORREIA DE CAMPOS, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,2418 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 on 1 July 2013 , and to EUR 0,08 on 1 July 2014. Without prejudice to Article~~s 13 and~~ 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 20167.

Amendment 239 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part

This basic personalised pricing information shall include the ~~maximum~~actual charges (including VAT and in the currency of his home bill) the customer may be subject to under his tariff scheme for:

Amendment 239 #

Róża Gräfin von THUN UND HOHENSTEIN, Anna Maria CORAZZA BILDT, Hans-Peter MAYER, Eija-Riitta KORHOLA

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,24 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 on 1 July 2013. ~~Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.~~

Amendment 240 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b

(b) sending regulated roaming SMS messages while in the visited ~~Member State~~country.

Amendment 240 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4

~~By way of derogation from the third subparagraph, the home provider may apply an initial minimum charging period not exceeding 30 seconds to calls made which are subject to a Eurotariff.~~deleted

Amendment 241 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b

(b) sending regulated roaming SMS messages while in the visited Member State or third country.

Amendment 241 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4

~~By way of derogation from the third subparagraph, the home provider may apply an initial minimum charging period not exceeding 30 seconds to calls made which are subject to a Eurotariff.~~deleted

Amendment 242 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b

(b) sending regulated roaming SMS messages while in the visited ~~Member State~~country.

Amendment 242 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2

Home providers shall apply a Eurotariff to all existing roaming customers automatically , with the exception of such roaming customers who have already made a deliberate choice of an offer that meets the conditions of article 4(6a) or a specific roaming tariff or package by virtue of which they benefit from a different tariff for regulated roaming calls than they would have been accorded in the absence of such a choice .

Amendment 243 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b

(b) sending regulated roaming SMS messages while in the visited ~~Member State~~country.

Amendment 243 #

Proposal for a regulation
Article 7 – paragraph 5

Amendment 244 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b

(b) sending ~~regulated~~ roaming SMS messages while in the visited ~~Member State~~country.

Amendment 244 #

Proposal for a regulation
Article 7 – paragraph 5

Amendment 245 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b

(b) sending ~~regulated~~ roaming SMS messages while in the visited ~~Member State~~country.

Amendment 245 #

Proposal for a regulation
Article 7 – paragraph 5 a (new)

5 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for calls where consumers pay a standard rate independent of the nationality of the available network. Transitional tariffs for calls shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.

Amendment 246 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b a (new)

(ba) using regulated data connection services while in the visited Member State or third country, expressed in price per megabyte.

Amendment 246 #

Proposal for a regulation
Article 7 – paragraph 5 a (new)

(5a) Home operators may only restrict roaming calls when a customer expressly demands this or when a specified bill limit has been reached.

Amendment 247 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4

On the occasion of each message, a customer who is at least 18 years old shall have the opportunity to give notice to home provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.

Amendment 247 #

Marc TARABELLA, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Article 8 – paragraph 1

1. With effect from 1 July 2012 , the average wholesale charge that the operator of a visited network may levy from the customer's home provider , for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message. The maximum average wholesale charge for the provision of a regulated roaming SMS message shall decrease to EUR 0,02 on 1 July 20143 and EUR 0,01 on 1 July 2014 respectively. Without prejudice to Article 13 the regulated wholesale charge for the provision of regulated roaming SMS messages shall remain at EUR 0,021 for the duration of this Regulation.

Amendment 248 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4

On the occasion of each message, a customer who is at least 18 shall have the opportunity to give notice to home provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.

Amendment 248 #

Proposal for a regulation
Article 8 – paragraph 1

1. 1. With effect from 1 July 2012 , the average wholesale charge that the operator of a visited network may levy from the customer's home provider , for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message~~. The maximum average wholesale charge for the provision of a regulated roaming SMS message shall decrease~~, and shall decrease to EUR 0,02 on 1 July 2013 and to EUR 0,021 on 1 July 2014. Without prejudice to Article 139 the regulated wholesale charge for the provision of regulated roaming SMS messages shall remain at EUR 0,021 for the duration of this Regulation.

Amendment 249 #

Proposal for a regulation
Article 14 – paragraph 2

2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, and irrespective of their location ~~within the Union~~, more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls, SMS, MMS and other data communication services, and information on the transparency measures applicable by virtue of this Regulation, by means of a mobile voice call or by SMS. Such a request shall be to a free-of-charge number designated for this purpose by the home provider. Obligations provided for in paragraph 1 shall not apply to machine to machine (M2M) type of devices that use mobile communication.

Amendment 249 #

Proposal for a regulation
Article 8 – paragraph 1

1. With effect from 1 July 2012 , the average wholesale charge that the operator of a visited network may levy from the customer's home provider , for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,032 per SMS message. The maximum average wholesale charge for the provision of a regulated roaming SMS message shall decrease to EUR 0,021 on 1 July 2014. Without prejudice to Article 13 the regulated wholesale charge for the provision of regulated roaming SMS messages shall remain at EUR 0,021 for the duration of this Regulation.

Amendment 250 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 14 – paragraph 2

Amendment 250 #

Proposal for a regulation
Article 8 – paragraph 1

1. With effect from 1 July 2012 , the average wholesale charge that the operator of a visited network may levy from the customer's home provider , for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message~~. The maximum average wholesale charge for the provision of a regulated roaming SMS message shall decrease~~, and shall decrease to EUR 0,02 on 1 July 2013 and to EUR 0,021 on 1 July 2014. Without prejudice to Article 13 the regulated wholesale charge for the provision of regulated roaming SMS messages shall remain at EUR 0,021 for the duration of this Regulation.

Amendment 251 #

Proposal for a regulation
Article 14 – paragraph 2 a (new)

establish limits expressed in volume, provided that the customer is informed in advance of the corresponding financial amounts. One of these limits (the default volume limit) shall have a corresponding financial amount not exceeding EUR 50 of outstanding charges per monthly billing period (excluding VAT). In addition, the home provider may offer to its roaming customers other limits with different, that is, higher or lower, maximum monthly financial limits. The default limit laid down in the second and third subparagraphs shall be applicable to all customers who have not opted for another limit. Each home provider shall also ensure that an appropriate notification is sent to the roaming customer’s mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the device, when roaming calls and SMS have reached 80% of the agreed financial or volume limit. Customers shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide those service again. When this financial or volume limit would otherwise be exceeded, a notification shall be sent to the roaming customer’s mobile telephone or other device. This notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed. If the roaming customer does not respond as prompted in the notification received, the home provider shall immediately cease to provide and to charge the roaming customer for all regulated calls and SMS which are not free of charge, unless and until the roaming customer requests the continued or renewed provision of those services. Whenever a roaming customer2a. Each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated roaming calls and SMS and which guarantees that, without the customer’s explicit consent, the accumulated expenditure for regulated roaming calls and SMS over a specified period of use does not exceed a specified maximum financial limit. To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer is informed in advance of the corresponding volume amounts. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT). Alternatively, the home provider may requests to opt for or to remove a ‘financial or volume limit’ facility, the change must be made within one working day of receipt of the request, free of charge, and shall not entail conditions or restrictions pertaining to other elements of the subscription. This rule shall apply to customer roaming within the European Union as well as outside of the European Union.

Amendment 251 #

Proposal for a regulation
Article 9 – paragraph 1

1. Home providers shall not discriminate by substantially higher marginals and higher prices for roaming customers compared to domestic customers, and shall make available to all their roaming customers, clearly and transparently, a Euro-SMS tariff as provided for in paragraph 2. The Euro- SMS tariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff, subject to the other provisions of this Article.

Amendment 252 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 14 – paragraph 3 a (new)

that is, higher or lower, maximum monthly financial limits. The default limit in the second and third subparagraphs shall be applicable to all customers who have not opted for another limit. For customers younger than 18 years the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT). Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, when the combined SMS and voice roaming services have reached 50% and 80% of the agreed financial limit. Customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again. When this financial limit would otherwise be exceeded, a notification shall be sent to the roaming customer's mobile telephone or other device. This notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed. If the customer does not respond as prompted in the notification received, the home provider shall immediately cease to provide and to charge the roaming customer for SMS and voice roaming services, unless and until the roaming customer requests the continued or renewed provision of those services. Whenever a customer requests to opt for or to remove a 'financial limit' facility, the change must be made within one working day of receipt of the request, free of charge, and shall not entail conditions or restrictions pertaining to other elements3a. Each home provider shall grant to all their customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption in the currency in which the customer is billed for regulated voice and SMS roaming services in non Member States and which guarantees that, without the customer's explicit consent, the accumulated expenditure for roaming services over a specified period of use does not exceed a specified financial limit. To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer is informed in advance of the corresponding limits. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT). In addition, the home provider may offer to its customers other limits with different, of the subscription.

Amendment 252 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,~~10 . Without prejudice to Articles 13 and 19, t~~07. The price ceiling shall decrease to 0,06 on 1 July 2013 and to 0,05 on 1 January 2014.The regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 20164 when price differentiation between domestic and roaming SMS messages will no longer be possible.

Amendment 253 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. ~~The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers.~~

Amendment 253 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer ~~may vary for any roaming SMS message but shall not exceed EUR 0,10~~ shall reduce to EUR 0,09 on 1 July 2012, to EUR 0,07 on 1 July 2013 and to EUR 0,05 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,~~10 until 30 June 2016~~05 for the duration of this Regulation.

Amendment 254 #

Adina-Ioana VĂLEAN, Jürgen CREUTZMANN, Michael THEURER

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. Pricing information shall be expressed in gigabytes. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers.

Amendment 254 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer ~~may vary for any roaming SMS message but shall not exceed EUR 0,10~~ shall decrease to EUR 0,09 on 1 July 2012, EUR 0,07 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.

Amendment 255 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of ~~regulated~~ data roaming services, both inside and outside the European Union, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on ~~regulated~~ data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers that use pre-paid services without automatic topping-up mechanism.

Amendment 255 #

Proposal for a regulation
Article 9 – paragraph 2

Amendment 256 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to ~~pre-paid customers~~machine to machine (M2M) services nor to pre-paid customers, except in cases where they have opted for an automatic topping-up mechanism.

Amendment 256 #

Marc TARABELLA, António Fernando CORREIA DE CAMPOS, Sylvana RAPTI, Catherine STIHLER

Proposal for a regulation
Article 9 – paragraph 2

Amendment 257 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, both inside and outside the Union, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers.

Amendment 257 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer ~~may vary for any roaming SMS message but shall not exceed EUR 0,10~~ shall decrease to EUR 0,09 on 1 July 2012, EUR 0,07 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.

Amendment 258 #

George LYON

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers, except where they have concluded a pre-paid agreement with automatic credit increase.

Amendment 258 #

Adam BIELAN, Malcolm HARBOUR

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer ~~may vary for any roaming SMS message but shall not exceed EUR 0,10~~ shall decrease to EUR 0,09 on 1 July 2012, EUR 0,07 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.

Amendment 259 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers, except where they have concluded a pre-paid agreement with automatic credit increase.

Amendment 259 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10 07. The price ceiling shall decrease to 0,06 on 1 July 2013 and to EUR 0,05 on 1 July 2014. Without prejudice to Article~~s 13 and~~ 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 20167.

Amendment 260 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

Amendment 260 #

Marc TARABELLA, Sylvana RAPTI, Catherine STIHLER, Christel SCHALDEMOSE

Proposal for a regulation
Article 9 – paragraph 2

Amendment 261 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

~~Where appropriate, h~~Home providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, home providers shall explain to their customers, in a clear and easily understandable manner, how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services. Any data roaming provider shall allow the roaming customer to request that the data roaming service be switching off.

Amendment 261 #

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,~~10 .~~ 07. The price ceiling shall decrease to EUR 0,06 on 1 July 2013 and to EUR 0,05 on 1 July 2014.Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016.

Amendment 262 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

Where appropriate, home providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, home providers shall ~~explain to~~notify their customers, free of charge and in a clear and easily understandable manner, ~~how~~of what they have to do to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services.

Amendment 262 #

Róża Gräfin von THUN UND HOHENSTEIN, Anna Maria CORAZZA BILDT, Hans-Peter MAYER, Eija-Riitta KORHOLA

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer ~~may vary for any roaming SMS message but shall not exceed EUR 0,10~~ shall decrease to EUR 0,09 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Article~~s 13 and~~ 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 20167.

Amendment 263 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the ~~Member State~~country concerned, except where the customer has notified his home provider that he does not require this information.

Amendment 263 #

Proposal for a regulation
Article 9 – paragraph 3 a (new)

(3a) By 30 June 2012, providers shall set the performance criteria for the provision of roaming SMS messaging services which they publicise. The performance criteria shall be included in any offers and in the invoices of roaming customers. Under no circumstances may a roaming SMS message reach the recipient later than five minutes after it is been sent. Providers in the country of origin shall not perceive any fee from their roaming customers for roaming SMS messages which reach the recipient later than five minutes after having been sent.

Amendment 264 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State or third country concerned, except where the customer has notified his home provider that he does not require this information.

Amendment 264 #

Proposal for a regulation
Article 9 – paragraph 5

5. Home providers shall apply a Euro-SMS tariff to all new roaming customers who do not make a deliberate choice to select an offer that fulfils the conditions of art. 4(6a) or a different roaming SMS tariff or a tariff package for roaming services which includes a different tariff for regulated roaming SMS messages.

Amendment 265 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State or third country concerned, except where the customer has notified his home provider that he does not require this information.

Amendment 265 #

Proposal for a regulation
Article 9 – paragraph 6

6. Any roaming customer may request to switch to or from a Euro-SMS tariff at any time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding ~~thre~~one months. A Euro- SMS tariff may always be combined with a Eurotariff.

Amendment 266 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the ~~charges~~actual charges (including VAT and in the currency of his home bill) applicable to the provision of regulated data roaming services to that roaming customer in the ~~Member State~~country concerned, except where the customer who is at least 18 years old has notified his home provider that he does not require this information. Since the bill is charged per Megabyte, the automatic message shall also give a clear example of what a Megabyte of data accounts for.

Amendment 266 #

Proposal for a regulation
Article 9 – paragraph 6 a (new)

6 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for SMS services where consumers pay a standard rate independent of the nationality of the available network. Transitional SMS tariffs shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.

Amendment 267 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of ~~regulated~~ data roaming services to that roaming customer in the Member State concerned, except where the customer who is at least 18 years old has notified his home provider that he does not require this information.

Amendment 267 #

Proposal for a regulation
Article 9 – paragraph 6 a (new)

(6a) Home operators may only restrict SMS roaming messages when a customer expressly demands this or when a specified bill limit has been reached.

Amendment 268 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of ~~regulated~~ data roaming services to that roaming customer in the ~~Member State~~country concerned, except where the customer has notified his home provider that he does not require this information.

Amendment 268 #

Róża Gräfin von THUN UND HOHENSTEIN, Anna Maria CORAZZA BILDT, Hans-Peter MAYER, Eija-Riitta KORHOLA

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,~~30,~~25 EUR 0,2015 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.

Amendment 269 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a ~~Member State~~country other than that of his home network and initiates for the first time a regulated data roaming service in that particular ~~Member State~~country. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.

Amendment 269 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 10~~,30, EUR 0,20 as of 1 July 2013 and EUR 0,10 as of 1 July 2014~~ per megigabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megigabyte of data transmitted for the duration of this Regulation.

Amendment 270 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member State or third country. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.

Amendment 270 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's ~~home~~ provider of roaming services for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,305 on 1 July 2012, EUR 0,~~20 as~~04 ofn 1 July 2013 and EUR 0,~~10 as~~03 ofn 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 139 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,103 per megabyte of data transmitted for the duration of this Regulation.

Amendment 271 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular ~~Member State~~country. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension. The personalised pricing information shall be sent to the customer when roaming outside as well as within the Union.

Amendment 271 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR ~~0,3~~50, EUR ~~0,2~~40 as of 1 July 2013 and EUR ~~0,1~~30 as of 1 July 2014 per megigabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR ~~0,1~~30 per megigabyte of data transmitted for the duration of this Regulation.

Amendment 272 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a ~~Member State~~country other than that of his home network and initiates for the first time a ~~regulated~~ data roaming service in that particular ~~Member State~~country. It shall be provided free of charge at the moment the roaming customer initiates a ~~regulated~~ data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.

Amendment 272 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,2017 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.

Amendment 273 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a ~~Member State~~country other than that of his home network and initiates for the first time a ~~regulated~~ data roaming service in that particular ~~Member State~~country. It shall be provided free of charge at the moment the roaming customer initiates a ~~regulated~~ data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.

Amendment 273 #

Miloslav RANSDORF

Proposal for a regulation
Article 11 – paragraph 1

Amendment 274 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

Amendment 274 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,2017 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.

Amendment 275 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

Such basic personalised tariff information shall be delivered to the roaming customer’s mobile telephone or other device, for example by an SMS message, or an e-mail ~~or a pop-up window on the computer~~, every time the roaming customer enters a Member State other than that of his home network and initiates for the first time a regulated 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 275 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,320, EUR 0,210 as of 1 July 2013 and EUR 0,105 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,105 per megabyte of data transmitted for the duration of this Regulation.

Amendment 276 #

Adina-Ioana VĂLEAN, Jürgen CREUTZMANN, Michael THEURER

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1

Amendment 276 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,217 as of 1 July 2013, EUR 0,10 as of 1 July 20134 and EUR 0,108 as of 1 July 20145 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,108 per megabyte of data transmitted for the duration of this Regulation.

Amendment 277 #

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1

Each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for ~~regulated~~ data roaming services and which guarantees that, without the customer's explicit consent, the accumulated expenditure for ~~regulated~~ data roaming services over a specified period of use does not exceed a specified financial limit. This shall not apply in cases where a mobile telecommunication service provider in a visited country outside the Union does not allow the home provider to monitor their customers' usage on a real-time basis. In that case, the customer shall be notified accordingly by means of a Message Service, without undue delay and free of charge, when he enters concerned country.

Amendment 277 #

Marita ULVSKOG

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,305, EUR 0,204 as of 1 July 2013 and EUR 0,103 as of 1 Julanuary 2014 per megabyte of data transmitted. ~~Without prejudice to Article 13 t~~The maximum ~~average~~ wholesale charge ~~for the provision of regulated data roaming services~~ shall remain at EUR 0,103 per megabyte ~~of data transmitted for the duration of this Regulation~~used until 30 June 2014 when price differentiation between domestic and roaming data will no longer be possible.

Amendment 278 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2

To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer who is at least 18 years old is informed in advance of the corresponding volume amounts. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT).

Amendment 278 #

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of ~~EUR 0,30, EUR 0,20~~200 EUR, 150 EUR as of 1 July 2013 and ~~EUR 0,10~~100 EUR as of 1 July 2014 per megigabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at ~~EUR 0,10~~100 EUR per megigabyte of data transmitted for the duration of this Regulation.

Amendment 279 #

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2

Amendment 279 #

Seán KELLY

Proposal for a regulation
Article 11 – paragraph 1

Amendment 280 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3

Alternatively, the home provider may establish limits expressed in volume, provided that the customer who is at least 18 years old is informed in advance of the corresponding financial amounts. One of these limits (the default volume limit) shall have a corresponding financial amount not exceeding EUR 50 of outstanding charges per monthly billing period (excluding VAT).

Amendment 280 #

Proposal for a regulation
Article 11 – paragraph 3

Amendment 281 #

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3

Amendment 281 #

Paul RÜBIG

Proposal for a regulation
Article 11 a (new)

Article 11 a Calculation of data volume in the area of the average wholesale charge The data volume in the area of the average wholesale charge that the operator of a visited network levies from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall be calculated in terabytes.

Amendment 282 #

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6

Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when ~~the~~roaming calls, SMS and data roaming services have reached 80 % of the agreed financial or volume limit. Customers shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.

Amendment 282 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1

1. Roaming providers shall not discriminate by substantially higher marginals and higher prices for roaming customers compared to domestic customers, and shall make available to all their roaming customers, clearly and transparently, a Euro-data tariff as provided for in paragraph 2. This Euro-data tariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff.

Amendment 283 #

Robert GOEBBELS, Judith A. MERKIES, Francesco DE ANGELIS, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6

Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 80 % of the agreed financial or volume limit. Customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.

Amendment 283 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1

1. Roaming providers shall make available to all their roaming customers, clearly and transparently, a Euro-data tariff as provided for in paragraph 2. This Euro-data tariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff. The Euro-data tariff shall encompass the concept of net neutrality in respect for all data use, in particular access to VOIP and other similar services.

Amendment 284 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6

Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 50% and 80 % of the agreed financial or volume limit. Customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.

Amendment 284 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,950 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,520, per megabyte used on 1 July 2013 and on 1 Julanuary 2014 respectively. ~~Without prejudice to Articles 13 and 19, t~~The regulated maximum retail charge shall remain at EUR 0,520, per megabyte used until 30 June 20164 when price differentiation between domestic and roaming data will no longer be possible.

Amendment 285 #

Morten LØKKEGAARD

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6

Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 50% as well as 80 % of the agreed financial or volume limit. Customers shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.

Amendment 285 #

Seán KELLY

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,9015 per megabyte. The price ceiling for data used shall decrease to EUR 0,7012 and EUR 0,509, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,509, per megabyte used until 30 June 2016.

Amendment 286 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6

Each home provider shall also ensure that an appropriate notification is sent to the roaming customer’s mobile telephone or other device, for example by an SMS message, or an e-mail ~~or a pop-up window on the computer~~, when the data roaming services have reached 80 % of the agreed financial or volume limit. Customers shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.

Amendment 286 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed ~~EUR 0,90~~500 EUR per megigabyte. The price ceiling for data used shall decrease to ~~EUR 0,70 and EUR 0,50~~300 EUR and 200 EUR, per megigabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at ~~EUR 0,50~~200 EUR, per megigabyte used ~~until 30 June 2016~~for the duration of this Regulation.

Amendment 287 #

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 7

When this financial or volume limit would otherwise be exceeded, a notification shall be sent to the roaming customer's mobile telephone or other device. This notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed. If the roaming customer does not respond as prompted in the notification received, the home provider shall immediately cease to provide and to charge the roaming customer for regulated calls, SMS and data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services.

Amendment 287 #

Marita ULVSKOG

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,9015 per megabyte. The price ceiling for data used shall decrease to EUR 0,7012 and EUR 0,509, per megabyte used on 1 July 2013 and on 1 Julanuary 2014 respectively. ~~Without prejudice to Articles 13 and 19, t~~The regulated maximum retail charge shall remain at EUR 0,509, per megabyte used until 30 June 20164 when price differentiation between domestic and roaming data will no longer be possible.

Amendment 288 #

Adina-Ioana VĂLEAN, Jürgen CREUTZMANN, Michael THEURER

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 8

Whenever a roaming customer requests to opt for or to remove a ‘financial or volume limit’ facility, the change must be made within one working day of receipt of the request, free of charge, and shall not entail conditions or restrictions pertaining to other elements of the subscription. This rule shall apply to customer roaming within the Union as well as outside of the Union.

Amendment 288 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,~~70 and~~50, EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively, and to EUR 0,25 on 1 July 2015. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,250, per megabyte used until 30 June 2016.

Amendment 289 #

Proposal for a regulation
Article 15 – paragraph 3 a (new)

3a. Paragraph 3 shall apply to customers roaming outside as well as within the territory of the European Union.

Amendment 289 #

Marc TARABELLA, Louis GRECH, Sylvana RAPTI, Catherine STIHLER

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750 and EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,530, per megabyte used until 30 June 2016.

Amendment 290 #

Proposal for a regulation
Article 15 a (new)

Article 15 a Price comparison Any price information about retail voice, SMS and data roaming services to customers shall include VAT. The Commission shall investigate transparency and comparability of different tariffs proposed by operators to their customers, and report back to the European Parliament and the Council on further measures necessary to ensure that consumers can easily compare these tariffs, and thus make it easier to take a decision to switch from one operator to another.

Amendment 290 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,9075 per megabyte. The price ceiling for data used shall decrease to EUR 0,750 and EUR 0,250, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,250, per megabyte used until 30 June 2016.

Amendment 291 #

Proposal for a regulation
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Those penalties shall include an obligation of providers to provide a compensation to subscribers when they delay or hinder a subscriber's switch to an alternative roaming provider. Member States shall notify those provisions to the Commission no later than 30 March 2012 and shall notify it without delay of any subsequent amendment affecting them.

Amendment 291 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER, Eija-Riitta KORHOLA

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750 and EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,530, per megabyte used until 30 June 2016.

Amendment 292 #

Proposal for a regulation
Article 19 – paragraph 1 – introductory part

1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 20156. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:

Amendment 292 #

Marc TARABELLA, Catherine STIHLER

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750 and EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,530, per megabyte used until 30 June 2016.

Amendment 293 #

Proposal for a regulation
Article 19 – paragraph 1 – introductory part

1. ~~The Commission shall review the functioning of this Reg~~In order to bring about the necessary changes for a single market in mobile phone communications, as provided in Article 4a, the Commission, after consultation ~~and, after a public consultation~~with BEREC and other relevant stakeholders, shall pre~~port~~sent a new legislative proposal to the European Parliament and the Council ~~no later than 30 June 2015. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:~~by 1 January 2013, which shall also include a proposal to update the wholesale caps for the period between 1 July 2016 and 30 June 2020 taking into account the developments in wholesale charges for the provision of voice, SMS and data communication services. That proposal shall also include a proposal to create European operators and licences covering the whole Union;

Amendment 293 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 10,90 per megigabyte. The price ceiling for data used shall decrease to EUR ~~0,7~~60 and EUR ~~0,5~~30, per megigabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR ~~0,5~~30, per megigabyte used until 30 June 2016.

Amendment 294 #

Proposal for a regulation
Article 19 – paragraph 1 – introductory part

1. ~~The Commission shall review the functioning of this Reg~~In order to bring about the necessary changes for a single market in mobile phone communications, as provided in Article 4a, the Commission, after consultation ~~and, after a public consultation~~with BEREC and other relevant stakeholders, shall pre~~port~~sent a new legislative proposal to the European Parliament and the Council ~~no later than 30 June 2015. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:~~by 1 January 2013, which should also include a proposal to update the wholesale caps for the period between 1 July 2016 and 30 June 2020 taking into account the developments in wholesale charges for the provision of voice, SMS and data communication services;

Amendment 294 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,9025 per megabyte. The price ceiling for data used shall decrease to EUR 0,7015 and EUR 0,~~50,~~10 per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article~~s 13 and~~ 19, the regulated maximum retail charge shall remain at EUR 0,~~50,~~10 per megabyte used until 30 June 2016.

Amendment 295 #

Proposal for a regulation
Article 19 – paragraph 1 – introductory part

Amendment 295 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR ~~0,9~~20 per megigabyte. The ~~price ceiling for data used shall decrease to EUR 0,70 and EUR 0,50,~~maximum retail charge for the provision of roaming data below 1 gigabyte shall be proportionate to EUR 20 per megigabyte ~~used on 1 July 2013 and on 1 July 2014 respectively~~. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR ~~0,5~~20, per megigabyte used until 30 June 2016.

Amendment 296 #

Robert GOEBBELS, Kathleen VAN BREMPT

Proposal for a regulation
Article 19 – paragraph 1 – indent 1

– the developments in wholesale and retail charges for the provision to roaming customers of voice, SMS and data communication services, and the corresponding development in mobile communications services at domestic level in the Member States, both for pre-paid and post-paid customers separately, and in the quality and speed of these services;deleted

Amendment 296 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,950 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,520, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,520, per megabyte used until 30 June 2016. Home providers shall not be allowed to charge roaming customers extra for their use of applications or services such as VOIP.

Amendment 297 #

Proposal for a regulation
Article 19 – paragraph 1 – indent 2

~~– the availability and quality of services including those which are an alternative to roaming (voice, SMS and data), in particular in the light of technological developments;~~deleted

Amendment 297 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,90 per megabyte. The price ceiling for data used shall decrease to EUR 0,70 and EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article~~s 13 and~~ 19, the regulated maximum retail charge shall remain at EUR 0,530, per megabyte used until 30 June 20167.

Amendment 298 #

Proposal for a regulation
Article 19 – paragraph 1 – indent 3

– the extent to which consumers have benefited through real reductions in the price of roaming services or in other ways from reductions in the costs of the provision of roaming services and the variety of tariffs and products which are available to consumers with different calling patterns;deleted

Amendment 298 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,9045 per megabyte. The price ceiling for data used shall decrease to EUR 0,7035 and EUR 0,250, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. ~~Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,50, per megabyte used until 30 June 2016.~~

Amendment 299 #

Proposal for a regulation
Article 19 – paragraph 1 – indent 4

– the degree of competition in both the retail and wholesale markets, in particular the competitive situation of smaller, independent or newly started operators, including the competition effects of commercial agreements and the degree of interconnection between operators;deleted

Amendment 299 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

Every roaming provider shall charge its roaming customers for the provision of any regulated roaming data service to which a Euro-data tariff applies on a per ~~kilo~~megabyte basis.

Amendment 300 #

Proposal for a regulation
Article 19 – paragraph 1 – indent 5

~~– the extent to which the structural solutions foreseen in Articles 3 and 4 have produced results in developing competition in the roaming market.~~deleted

Amendment 300 #

Proposal for a regulation
Article 12 – paragraph 4

4. From 1 July 2012 home providers shall apply a Euro-data tariff to all new roaming customers who do not make a deliberate choice to select an offer that meets the conditions of article 4(6a) or a different roaming data tariff or a tariff package for roaming services which includes a different tariff for regulated roaming data services.

Amendment 301 #

Proposal for a regulation
Article 19 – paragraph 2

Amendment 301 #

Proposal for a regulation
Article 12 – paragraph 5

5. Any roaming customer may request to switch to or from a Euro-data tariff respecting their contractual conditions at any point in time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding ~~thre~~one months. A Euro- data tariff may always be combined with a Euro-SMS tariff and a Eurotariff.

Amendment 302 #

Proposal for a regulation
Article 19 – paragraph 2

2. ~~If t~~The report must shows to what ~~the structural measures provided for by the present Regulation are not sufficient to promote~~extent the aim of a single rate for domestic services and roaming stated in the Digital Agenda for Europe has been attained, to what extent this has resulted in new products (innovation) and what impact competition ihas had on the gro~~aming market for the benefit of~~wing and changing communication market for European consumers~~, t~~. The Commission shall make appropriate proposals to the European Parliament and the Council to address this situation. The Commission shall examine, in particular, whether it is necessary to modify the structural measures or to extend the duration of any of the maximum retail charges foreseen in Articles 7, 9 and 12problems which have been identified.

Amendment 302 #

Róża Gräfin von THUN UND HOHENSTEIN, Hans-Peter MAYER

Proposal for a regulation
Article 12 – paragraph 6 a (new)

6 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for data communication services where consumers pay a standard rate independent of the nationality of the available network. Transitional data communication tariffs shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.

Amendment 303 #

Proposal for a regulation
Article 22 – paragraph 2

It shall expire on 30 June 1 2022.

Amendment 303 #

Paul RÜBIG

Proposal for a regulation
Article 12 a (new)

Article 12 a Calculation of data volume in the area of the average retail charge The data volume in the area of the average retail charge under a Euro-data tariff which a home provider levies from its roaming customer for the provision of a regulated roaming data services shall be calculated in gigabytes.

Amendment 304 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 12 a (new)

Article 12 a Single Tariff With effect from 1 July 2015, in addition to their existing tariffs, providers who offer both national and roaming communications shall make available and publicise to all their customers a single tariff for calls, SMS and data use, which shall offer identical prices, irrespective of whether the consumer is roaming or not. The single tariff shall not exceed the price limits set out in Articles 7(2), 9(2) and 12(2).

Amendment 305 #

Proposal for a regulation
Article 13

Amendment 306 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 13 – paragraph 2

Amendment 307 #

Proposal for a regulation
Article 13 – paragraph 2

2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to 75% or less of the maximum wholesale charges provided for in Articles 6(2), 8(1) and 11(1) in at least 75% of the Member States, the maximum wholesale charges for the roaming service concerned shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum wholesale charges no longer apply for the service concerned.

Amendment 308 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 13 – paragraph 2

2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to 75% or less of the maximum wholesale charges provided for in Articles 6(2), 8(1) and 11(1), the maximum wholesale charges for the roaming service concerned shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum wholesale charges no longer apply for the service concerned.deleted

Amendment 309 #

Proposal for a regulation
Article 13 – paragraph 3

Amendment 310 #

Proposal for a regulation
Article 13 – paragraph 3

3. If, following the implementation of the separate sale of roaming services referred to in Article 5 and before 1 July 2016, the average retail charge at the Union level falls to 75% or less of the maximum retail charges provided for in Articles 7(2), 9(2) and 12(2), the maximum retail charges for that roaming services shall no longer apply. ThThe maximum retail charges provided for in Articles 7(2), 9(2) and 12(2) shall no longer apply once a true single market in mobile Ccomm~~ission shall regularly ve~~unications with one single tarifyf, ~~on the basis of the market data collected by BEREC, whether~~prohibiting discriminatory pricing between domestic and EU communications is in place. Once this condition is met ~~and, if so, it~~the Commission shall publish without delay in the C series of the Official Journal of the European Union ~~the data proving~~ that the maximum retail charges no longer apply for the service concerned.

Amendment 311 #

Proposal for a regulation
Article 13 – paragraph 3

3. If, following the implementation of the separate sale of roaming services referred to in Article 5 and before 1 July 2016, the average retail charge at the Union level falls to 75% or less of the maximum retail charges provided for in Articles 7(2), 9(2) and 12(2), the maximum retail charges for that roaming services shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum retail charges no longer apply for the service concerned.deleted

Amendment 312 #

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
Article 13 – paragraph 4

4. The relevant maximum charges sh~~all cease to apply as from the first day of the month following the publication of the data proving that the conditions of paragraphs 2 or 3 respectively are satisfied~~ould be lifted when-and only when-there can be confidence that market forces are sufficient to limit prices to the extent considered appropriate by the legislators, across the EU and for mass market travellers as well as frequent roamers.

Amendment 313 #

Proposal for a regulation
Article 14 – title

Transparency of retail charges for ~~regulated~~ roaming calls and SMS messages

Amendment 314 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

1. To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a ~~Member State~~country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited ~~Member State~~country.

Amendment 315 #

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

1. To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State or a third country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member State or third country.

Amendment 316 #

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

1. To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer is at least 18 years old and has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a ~~Member State~~country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited ~~Member State~~country.

Amendment 317 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b

(b) sending regulated roaming SMS messages while in the visited ~~Member State~~country.

Amendment 318 #

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b

(b) sending ~~regulated~~ roaming SMS messages while in the visited ~~Member State~~country.

Amendment 319 #

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4

Amendment 320 #

Proposal for a regulation
Article 14 – paragraph 2

2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, and irrespective of their location ~~within the Union~~ , more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls, SMS, MMS and other data communication services, and information on the transparency measures applicable by virtue of this Regulation, by means of a mobile voice call or by SMS. Such a request shall be to a free-of-charge number designated for this purpose by the home provider. Obligations provided for in paragraph 1 shall not apply to machine to machine (M2M) type of devices that use mobile communication.

Amendment 321 #

Sabine VERHEYEN, Marie-Thérèse SANCHEZ-SCHMID, Hans-Peter MAYER

Proposal for a regulation
Article 14 – paragraph 2

2. In addition to paragraph 1, customers shall ~~have the right to request and~~ receive, free of charge, and irrespective of their location within the Union, more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls, SMS, MMS and other data communication services, and information on the transparency measures applicable by virtue of this Regulation, by means of a mobile voice call or by SMS. Such a request shall be to a free-of-charge number designated for this purpose by the home provider. Obligations provided for in paragraph 1 shall not apply to machine to machine (M2M) type of devices that use mobile communication.

Amendment 322 #

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 a (new)

Home providers shall provide all users with full information on how to avoid inadvertent roaming charges.

Amendment 323 #

Robert GOEBBELS, Judith A. MERKIES, Francesco DE ANGELIS, Kathleen VAN BREMPT

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2

Home providers shall ~~take the necessary steps to secure awareness by~~actively inform all their roaming customers of the availability of the Eurotariff, the Euro-SMS tariff and the Euro-data tariff. They shall in particular communicate to all roaming customers the conditions relating to the Eurotariff, the conditions relating to the Euro-SMS tariff and by 30 June 2012 the conditions relating to the Euro-data tariff as defined in Article 12, in each case in a clear and unbiased manner. They shall send a reminder at reasonable intervals thereafter to all customers who have opted for another tariff.

Amendment 324 #

Proposal for a regulation
Article 14 – paragraph 3 a (new)

its customers other limits with different, that is, higher or lower, maximum monthly financial limits. The default limit in the second and third subparagraphs shall be applicable to all customers who have not opted for another limit. For customers younger than 18 years the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT). Each home provider shall also ensure that an appropriate notification is sent to the roaming customer’s mobile telephone or other device, for example by an SMS message, when the combined SMS and voice roaming services have reached 50% and 80% of the agreed financial limit. Customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again. When this financial limit would otherwise be exceeded, a notification shall be sent to the roaming customer’s mobile telephone or other device. This notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed. If the customer does not respond as prompted in the notification received, the home provider shall immediately cease to provide and to charge the roaming customer for SMS and voice roaming services, unless and until the roaming customer requests the continued or renewed provision of those services. Whenever a customer requests to opt for or to remove a ‘financial limit’ facility, the change must be made within one working day of receipt of the request, free of charge, and shall not entail conditions3 a. Each home provider shall grant to all its customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption in the currency in which the customer is billed for regulated voice and SMS roaming services in non-EU countries and which guarantees that, without the customer’s explicit consent, the accumulated expenditure for roaming services over a specified period of use does not exceed a specified financial limit. To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer is informed in advance of the corresponding limits. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT). In addition, the home provider may offer to or restrictions pertaining to other elements of the subscription.

Amendment 325 #

Proposal for a regulation
Article 14 – paragraph 3 a (new)

(3a) Home operators shall grant their customers, free of charge, the option of consulting the extent of their usage of roaming calls and SMS roaming messages, in terms both of number and of charges incurred. This information shall be updated at least daily.

Amendment 326 #

Paul RÜBIG

Proposal for a regulation
Article 14 a (new)

Article 14 a After an SMS is sent in the area of another Member State, in the event of defective transmission the provider shall notify the customer immediately by SMS.

Amendment 327 #

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

1. Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers, save where they have concluded a pre-paid agreement with automatic credit increase.

Amendment 328 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

1. Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of ~~regulated~~ data roaming services, both inside and outside the Union, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on ~~regulated~~ data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers that use pre-paid services without automatic top-ups.

Amendment 329 #

Sabine VERHEYEN, Marie-Thérèse SANCHEZ-SCHMID, Hans-Peter MAYER

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

Where appropriate, home providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, home providers shall explain to their customers, in a clear and easily understandable manner, how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services and inadvertent roaming in border regions.

Amendment 330 #

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

Amendment 331 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

Amendment 332 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

2. An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State or third country concerned, except where the customer has notified his home provider that he does not require this information.

Amendment 333 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

2. An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the ~~Member State~~country concerned, except where the customer has notified his home provider that he does not require this information.

Amendment 334 #

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

2. An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of ~~regulated~~ data roaming services to that roaming customer in the Member State concerned, except where the customer who is at least 18 years old has notified his home provider that he does not require this information.

Amendment 335 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

Amendment 336 #

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member State or third country. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.

Amendment 337 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a ~~Member State~~country other than that of his home network and initiates for the first time a ~~regulated~~ data roaming service in that particular ~~Member State~~country. It shall be provided free of charge at the moment the roaming customer initiates a ~~regulated~~ data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.

Amendment 338 #

Robert GOEBBELS, Judith A. MERKIES, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1

3. Each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for ~~regulated~~ data roaming services provided both inside and outside the Union and which guarantees that, without the customer's explicit consent, the accumulated expenditure for ~~regulated~~ data roaming services over a specified period of use does not exceed a specified financial limit.

Amendment 339 #

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2

Amendment 340 #

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3

Amendment 341 #

Robert GOEBBELS, Judith A. MERKIES, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6

Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 50% and 80 % of the agreed financial or volume limit. Customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.

Amendment 342 #

Robert GOEBBELS, Judith A. MERKIES, Francesco DE ANGELIS, Kathleen VAN BREMPT

Proposal for a regulation
Article 15 a (new)

Article 15 a Price comparison Any price information about retail voice, SMS and data roaming services to customers shall include VAT. The Commission shall also investigate transparency and comparability of different tariffs proposed by operators to their customers, and report back to the European Parliament and the Council on further measures necessary to ensure that consumers can easily compare these tariffs, and thus make it easier to take a decision to switch from one operator to another.

Amendment 343 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Marita ULVSKOG, Kathleen VAN BREMPT

Proposal for a regulation
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. They shall include an obligation to compensate subscribers when providers delay or hinder a subscriber's switch to an alternative roaming provider. Member States shall notify those provisions to the Commission no later than 30 March 2012 and shall notify it without delay of any subsequent amendment affecting them.

Amendment 344 #

Proposal for a regulation
Article 19 – paragraph 1 – introductory part

1. ~~The Commission shall review the functioning of this Reg~~In order to bring about the necessary changes for a single market in mobile phone communications, as required in Article 4a, the Commission, after consultation ~~and, after a public consultation~~with BEREC and other relevant stakeholders, shall pre~~port~~sent a new proposal to the European Parliament and the Council ~~no later than 30 June 2015 . The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia~~by 1 January 2013 at the latest, which should also include a proposal to update the wholesale caps for the period between 1 July 2016 and 30 June 2020 taking into account the developments in wholesale charges for the provision of voice, SMS and data communication services:

Amendment 345 #

Róża Gräfin von THUN UND HOHENSTEIN, Bogdan Kazimierz MARCINKIEWICZ, Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Article 19 – paragraph 1 – introductory part

Amendment 346 #

Adina-Ioana VĂLEAN

Proposal for a regulation
Article 19 – paragraph 1 – introductory part

1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 20156 . The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:

Amendment 347 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 19 – paragraph 1 – indent 1

– the developments in wholesale and retail charges for the provision to roaming customers of voice, SMS and data communication services, ~~and the corresponding development in~~in comparison to the charges for mobile communications services at domestic level in the Member States, both for pre-paid and post-paid customers separately, and in the quality and speed of these services;

Amendment 348 #

Proposal for a regulation
Article 19 – paragraph 1 – indent 1

Amendment 349 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 19 – paragraph 1 – indent 2

~~– the availability and quality of services including those which are an alternative to roaming (voice, SMS and data), in particular in the light of technological developments;~~deleted

Amendment 350 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 19 – paragraph 1 – indent 3

Amendment 351 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 19 – paragraph 1 – indent 3

– the extent to which consumers have benefited ~~through real reductions in the price of roaming services or in other ways~~ from reductions in the costs of the ~~provision of roaming~~mobile communication services and the variety of tariffs and products which are available to consumers with different calling patterns;

Amendment 352 #

Proposal for a regulation
Article 19 – paragraph 1 – indent 4

Amendment 353 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 19 – paragraph 1 – indent 5

~~– the extent to which the structural solutions foreseen in Articles 3 and 4 have produced results in developing competition in the roaming market.~~deleted

Amendment 354 #

Proposal for a regulation
Article 19 – paragraph 1 – indent 5

– the extent to which the structural solutions foreseen in Articles 3 and 4 have produced results in developing competition in the roaming market so as to entail one single tariff.

Amendment 355 #

Proposal for a regulation
Article 19 – paragraph 1 – indent 5 a (new)

- The implementation of the structural solution by operators.

Amendment 356 #

Judith A. MERKIES, Ioan ENCIU, Peter SKINNER, Kathleen VAN BREMPT

Proposal for a regulation
Article 19 – paragraph 1 – indent 5 b (new)

- To what extent the clause established in article 4(6a) has facilitated the achievements of the objectives set in this Regulation.

Amendment 357 #

Proposal for a regulation
Article 19 – paragraph 2

Amendment 358 #

Proposal for a regulation
Article 19 – paragraph 2

2. If the report shows that the structural measures provided for by the present Regulation are not sufficient to promote competition in the roaming market for the benefit of European consumers so as to entail one single tariff, the Commission shall make ~~appropriate~~ proposals to the European Parliament and the Council to address this situation. The Commission shall examine, in particular, whether it is necessary to modify the structural measures or to extend the duration of any of the maximum retail charges foreseen in Articles 7, 9 and 12bring about the technical and structural changes necessary for a true single market in mobile communications which would entail one single tariff, prohibiting discriminatory pricing between domestic and EU communications.

Amendment 359 #