PURPOSE: introduce\nstructural measures to boost competition by allowing customers from\n1 July 2014, if they so wish, to sign up for a cheaper mobile\nroaming contract, separate from their contract for national mobile\nservices, whilst using the same phone number.
\nPROPOSED ACT: Regulation of\nthe European Parliament and of the Council.
\nBACKGROUND: Regulation (EC)\nNo 717/2007 on roaming on public mobile telephone networks within\nthe Community has been substantially amended. Since further\namendments are to be made, it should be recast in the interests of\nclarity.
\nA report adopted by the\nCommission on the current roaming Regulation indicates that it has\ntemporarily reduced prices for roaming phone calls and text\nmessages but has not remedied the lack of competition in the\nroaming market, with prices remaining stubbornly close to the\nretail caps.
\nThe Commission's proposal\nwould tackle the current lack of competition and consumer choice\nby:
\nThe proposal aims to meet\nthe objective set in the Digital Agenda for Europe\nthat differences between roaming and national telecoms tariffs\nshould approach zero by 2015.
\nIMPACT ASSESSMENT: no\nimpact assessment was carried out.
\nLEGAL BASIS: Article 114 of\nthe Treaty on the Functioning of the European Union\n(TFEU).
\nCONTENT: to cover the\nperiod until structural measures become fully effective and\ncompetition drives retail prices down, the proposal would\nprogressively lower current retail price caps on voice and texting\n(SMS) services and introduce a new retail price cap for mobile data\nservices. By 1 July 2014, roaming consumers would pay no more\nthan:
\nMore specifically, until\nthese structural solutions fully delivered their results the\nproposal would:
\nBUDGETARY IMPLICATIONS:\nthis proposal has no implications for the EU budget.
\nThe Council took\nnote, in a public session, of a progress report on a draft\nroaming regulation and discussed this proposal on the basis of the\npresidency questionnaire. The proposal aims at revising the current\nregulation by introducing pro-competitive structural measures\nand extending its validity until 30 June 2022. The proposed\nstructural measures aim to tackle the lack of competition and\nconsumer choice, which causes the high roaming prices. The\nintention is to open the market to different types of providers and\nraise consumers' awareness of roaming prices, as well as increase\nchoice by allowing them to purchase roaming also as a standalone\nservice.
\nThe current\nroaming regulation will expire on 30 June 2012. The aim of the\nincoming Danish presidency will be to achieve a first-reading\nagreement with the European Parliament early 2012.
\nThe presidency's progress report is intended to\ninform ministers of the work done so far and to identify issues,\nwhich will need more in-depth consideration.
\nThe working party\ndiscussed the proposal at several meetings on the basis of three\nclusters which cover the main elements of the proposal:
\nMost delegations\nwelcomed the proposal. However, most sought clarification with\nregard to the exact scope of the wholesale access\nobligation, and inquired about the technical and practical\nfeasibility of de-coupling domestic mobile services and\ninternational roaming services, and about the implementation\ntime-frame for particular actions indicated in the regulation. The\ndelegations also expressed some concerns about the level of the\nproposed price caps and the margin of the price caps at wholesale\nand retail level.
\nThe Committee on Industry, Research and Energy adopted\nthe report by Angelika NIEBLER (EPP, DE) on the proposal for a\nregulation of the European Parliament and of the Council on roaming\non public mobile communications networks within the Union\n(recast).
\nThe committee recommends that the position of the\nEuropean Parliament in first reading following the ordinary\nlegislative procedure should be to amend the Commission\nproposal. The proposed amendments are the result of\nnegotiations between members of the committee and Member\nStates’ representatives. They may be summarised as\nfollows:
\nSubject matter and scope: it is specified that the Regulation lays down rules\nto enable the separate sale\nof regulated roaming services from domestic mobile\ncommunications services and sets out the conditions\nfor wholesale access to public\nmobile communications networks for the purpose of\nproviding regulated roaming services. It applies both to\ncharges levied by network operators at wholesale level\nand to charges levied by roaming providers at retail\nlevel.
\nThe amended text states that the separate sale of\nregulated roaming services from domestic mobile communications\nservices is a necessary intermediate step to\nincrease competition so as to lower roaming tariffs for customers\nin order to achieve an internal market for mobile communication\nservices and ultimately for there to be no differentiation\nbetween national and roaming tariffs.
\nWith regard to maximum wholesale charges fixed in the\nRegulation, the limits in currencies other than the\neuro shall be revised annually as from 2015. The annually\nrevised limits in those currencies shall apply from 1 July using\nthe reference exchange rates published on 1 May of the same\nyear.
\nWhere maximum retail charges are denominated in\ncurrencies other than the euro, the initial limits shall be\ndetermined in those currencies by applying the average of\nthe reference exchange rates published on 1 March, 1\nApril and 1 May 2012 by the European Central Bank in the\nOfficial Journal of the European Union.
\nDefinitions:\n‘roaming provider’ means an undertaking that provides\na roaming customer with regulated retail roaming\nservices. The text introduces a definition of ‘visited\nnetwork’ which means a terrestrial public mobile\ncommunications network situated in a Member State other than\nthat of the roaming customer’s domestic provider that permits\na roaming customer to make or receive calls, to send or receive SMS\nmessages or to use packet switched data communications, by means of\narrangements with the home network operator.
\n‘Roaming customer’ means a customer of a roaming provider of regulated\nroaming services, by means of a terrestrial public mobile\ncommunications network situated in the Union, whose contract or\narrangement with that roaming provider permits Union-wide\nroaming.
\nLastly, the text introduces a definition of\n‘Euro-voice tariff’.
\nWholesale roaming access: mobile network operators may refuse\nrequests for wholesale roaming access only on the basis\nof objective criteria. Mobile network operators shall\nprovide the undertaking requesting access with a draft\ncontract, for such access at the latest one month after\nthe initial receipt of the request by the mobile\nnetwork operator.
\nBy 30 September 2012, and in order\nto contribute to the consistent application of this\nArticle, he Body of European Regulators for Electronic\nCommunications (BEREC) shall, after consulting\nstakeholders and in close cooperation with the Commission, lay\ndown guidelines for wholesale roaming\naccess.
\nSeparate sale of regulated retail roaming\nservices: domestic providers\nshall enable their customers to\naccess regulated voice, SMS and data roaming services,\nprovided as a bundle by any alternative roaming\nprovider.
\nNeither domestic nor roaming providers shall\nprevent customers from accessing regulated data roaming\nservices provided directly on a network visited by an\nalternative roaming provider.
\nThe switch to an alternative roaming\nprovider or between roaming providers shall be free of\ncharge for customers and shall be possible under any tariff\nplan. It shall not entail any associated subscription\nor additional fixed or recurring charges, pertaining\nto elements of the subscription other than roaming, as compared to\nthe conditions prevailing before the switch.
\n\n· \nAt the time of making or renewing a\ncontract on mobile communication\nservices, domestic providers shall provide\nall their customers individually with full information on\nthe possibility to choose an alternative roaming provider\nand shall not hinder the conclusion of a contract with an\nalternative roaming provider.
\n\n· \nCustomers concluding a contract with a\ndomestic provider for regulated roaming services\nshall explicitly confirm that they have been informed of such\npossibility.
\n\n· \nA domestic provider shall not prevent,\ndissuade or discourage retailers serving as the\ndomestic provider’s points of sale from\noffering contracts for separate roaming services with\nalternative roaming providers.
\n\n· \nThe technical characteristics\nof regulated roaming services shall not be\naltered in such a way as to make them differ from the\ntechnical characteristics of the regulated roaming services,\nincluding the quality parameters, as provided to the customer\nbefore the switch.
\nImplementation of separate sale of regulated\nretail roaming services:\ndomestic providers shall implement the separate sale of\nregulated retail roaming services so that customers can\nuse domestic mobile communication services and\nseparate regulated roaming services. Access to those\nfacilities and support services that are necessary for the\nseparate sale of regulated roaming services, including user\nauthentication services, shall be free of charge and shall not\nentail any direct charges to customers.
\nThe technical solution to implement the separate\nsale of regulated retail roaming services shall meet certain\nspecified criteria, including ability to give effect to the\nobligations regarding separate sale of regulated\nretail roaming services in an efficient manner.
\nCommittee procedure: the\nCommission shall be assisted by the Communications Committee\nestablished by Article 22 of the Framework Directive. That\ncommittee shall be a committee within the meaning of Regulation\n(EU) No 182/2011 laying down the rules and general principles\nconcerning mechanisms for control by Member States of the\nCommission’s exercise of implementing powers.
\nWholesale charges for the making of regulated roaming\ncalls: the average wholesale charge\nthat the visited network operator may levy on the\ncustomer's roaming provider for the provision of a\nregulated roaming call originating on that visited network,\ninclusive inter alia of origination, transit and termination costs,\nshall not exceed EUR 0.14 per minute as of 1 July\n2012.
\nThe average wholesale charge referred to above shall\napply between any pair of operators and shall be calculated over a\n12-month period or any such shorter period as may remain before the\nend of the period of application of a maximum average wholesale\ncharge or before 30 June 2022. The maximum average wholesale\ncharge shall decrease to EUR 0.10 on 1 July 2013 and\nto EUR 0.05 on 1 July 2014 and shall remain\nat EUR 0.05 until 30 June 2022.
\nRetail charges for regulated roaming\ncalls: roaming providers shall\nmake available and actively offer to all their roaming customers,\nclearly and transparently, a Euro-voice tariff.\nThat tariff shall not entail any associated subscription\nor other fixed or recurring charges and may be combined with any\nretail tariff.
\nThe retail charge (excluding VAT) for\na Euro-voice tariff may vary for any roaming call\nbut shall not exceed EUR 0.29 per minute for any\ncall made or EUR 0.08 per minute for any call\nreceived.
\nThe maximum retail charge for calls made shall\ndecrease to EUR 0.24 on 1 July 2013 and\nto EUR 0.19 on 1 July 2014 and the maximum\nretail charge for calls received shall decrease\nto EUR 0.07 on 1 July 2013 and to EUR 0.05\non 1 July 2014. These maximum retail charges for\nthe Euro-voice tariff shall remain valid until 30\nJune 2017.
\nRoaming providers:
\n\n· \nshall not levy any charge on their roaming\ncustomers for the receipt by them of a roaming voicemail\nmessage;
\n\n· \nshall charge its roaming customers for the\nprovision of any regulated roaming call to which a Euro-voice\ntariff applies, whether made or received, on a per second\nbasis;
\n\n· \nmay apply an initial minimum charging period not\nexceeding 30 seconds to calls made which are subject to\na Euro-voice tariff.
\nFurthermore, roaming providers:
\n\n· \nshall apply a Euro-voice tariff to all\nexisting roaming customers automatically with the exception of such\nroaming customers who have already made a deliberate choice of a\nspecific roaming tariff or package by virtue of which they benefit\nfrom a different tariff for regulated roaming calls than they would\nhave been accorded in the absence of such a choice;
\n\n· \nshall apply a Euro-voice tariff to all\nnew roaming customers who do not make a deliberate choice to select\na different roaming tariff or a tariff package for roaming services\nwhich includes a different tariff for regulated roaming\ncalls.
\nAny roaming customer may request to switch to or from\na Euro-voice tariff.
\nA roaming provider may delay a switch until\nthe previous roaming tariff has been effective for a minimum\nspecified period not exceeding two months. A Euro-voice\ntariff may always be combined with a Euro-SMS tariff and a\nEuro-data tariff.
\nWholesale charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy for the provision of a\nregulated roaming SMS message originating on that visited network\nshall not exceed EUR 0.03 per SMS message, shall decrease\nto EUR 0.02 on 1 July 2013 and shall remain at EUR\n0.02 until 30 June 2022.
\nRetail charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the retail charge (excluding VAT) for a Euro-SMS tariff which\na roaming provider may levy on its roaming customer for a\nregulated roaming SMS message sent by that roaming customer may\nvary for any regulated roaming SMS message but shall\nnot exceed EUR 0.09. That maximum charge shall decrease\nto EUR 0.08 on 1 July 2013 and to EUR 0.06 on 1 July\n2014 and shall remain at EUR 0.06 until\n30 June 2017.
\nRoaming providers: (i) shall not levy any charge\non their roaming customers for the receipt by them of a regulated\nroaming SMS message; (ii) may delay a switch until the previous\nroaming tariff has been effective for a minimum specified period\nnot exceeding two months. A Euro-SMS tariff may always be\ncombined with a Euro-voice tariff and a Euro-data\ntariff.
\nNo roaming provider, domestic provider, home\nnetwork operator or visited\nnetwork operator shall alter the technical\ncharacteristics of regulated roaming SMS messages in such a way as\nto make them differ from the technical characteristics of SMS\nmessages provided within its domestic market.
\nWholesale charges for regulated data roaming\nservices: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy on the roaming customer's home\nprovider for the provision of regulated data roaming services by\nmeans of that visited network shall not exceed a safeguard limit\nof EUR 0.25 per megabyte of data transmitted. The\nsafeguard limit shall decrease to EUR 0.15 per megabyte of\ndata transmitted on 1 July 2013 and to\nEUR 0.05 per megabyte of data transmitted on 1\nJuly 2014 and shall remain at EUR 0.05 per\nmegabyte of data transmitted until 30 June 2022.
\nRetail charges for regulated data roaming\nservices: roaming providers shall\nmake available and actively offer to all their roaming\ncustomers, clearly and transparently, a Euro-data\ntariff.
\nWith effect from 1 July 2012, the retail charge\n(excluding VAT) of a Euro-data tariff which\na roaming provider may levy on its roaming customer for\nthe provision of a regulated data roaming service shall\nnot exceed EUR 0.70 per megabyte used. The\nmaximum retail charge for data used shall decrease\nto EUR 0.45 per megabyte used on 1 July 2013 and\nto EUR 0.20 per megabyte used on 1 July\n2014 and shall remain at EUR 0.20 per\nmegabyte used until 30 June 2017.
\n\n
Every roaming provider shall charge its roaming\ncustomers for the provision of any regulated roaming data service\nto which a Euro-data tariff applies on a per kilobyte basis,\nexcept for Multimedia Messaging Service (MMS) messages which\nmay be charged on a per unit basis. In such a case, the retail\ncharge which a roaming provider may levy on its roaming customer\nfor the transmission or receipt of a roaming MMS message shall not\nexceed the maximum retail charge set in the Regulation.
\nTransparency of retail charges for roaming calls and\nSMS messages: to alert roaming\ncustomers to the fact that they will be subject to roaming charges\nwhen making or receiving a call or when sending an SMS message,\neach roaming provider shall provide the customer,\nautomatically by means of a Message Service, without undue delay\nand free of charge, when he enters a Member State other than that\nof his domestic provider, with basic personalised pricing\ninformation on the roaming charges (including VAT) that apply to\nthe making and receiving of calls and to the sending of SMS\nmessages by that customer in the Member State visited.
\nThat basic personalised pricing information shall\ninclude the maximum charges (in the currency of the home\nbill provided by the customer’s domestic provider) to\nwhich the customer may be subject under his tariff scheme\nfor:
\n\n· \nmaking regulated roaming calls within\nthe visited Member State and back to the Member State of\nhis domestic provider, as well as for regulated\nroaming calls received; and
\n\n· \nsending regulated roaming SMS messages while in\nthe Member State visited.
\nThese provisions shall also apply to voice and SMS\nroaming services used by roaming customers travelling outside\nthe Union and provided by a roaming provider.
\nTransparency and safeguard mechanisms for retail data\nroaming services: where\nappropriate, roaming providers shall inform their\ncustomers, before the conclusion of a contract and on a regular\nbasis thereafter, of the risk of automatic and uncontrolled data\nroaming connection and download. Furthermore,\nroaming providers shall notify to their\ncustomers, free of charge and in a clear and easily\nunderstandable manner, how to switch off these automatic data\nroaming connections in order to avoid uncontrolled consumption of\ndata roaming services.
\nReview: the Commission\nshall review the functioning of this Regulation and, after a public\nconsultation, shall report to the European Parliament and the\nCouncil by 30 June 2016. In so doing, the\nCommission shall review, inter alia:
\n\n· \nthe developments and expected future\ntrends in wholesale and retail charges for the provision to\nroaming customers of voice, SMS and data communication\nservices, in comparison to the charges for mobile\ncommunications services at domestic level in the Member States,\nboth for pre-paid and post-paid customers separately, and in the\nquality and speed of these services;
\n\n· \nthe difference between roaming and national\ntariffs, including the availability of offers providing a single\ntariff for national and roaming services;
\n\n· \nthe extent to which the implementation\nof the structural measures provided for in the\nRegulation has produced results in developing competition in\nthe internal market for roaming services to the extent that\nthe difference between roaming and national tariffs has\napproached zero;
\n\n· \nthe extent to which the level of wholesale and\nretail maximum charges has provided adequate safeguards against\nexcessive prices for consumers while allowing the development of\ncompetition in the internal market for roaming services.
\nIf the report shows that the\nstructural measures provided for by the\nRegulation have not been sufficient to promote\ncompetition in the internal market\nfor roaming services for the benefit\nof all European consumers or that the differences\nbetween roaming tariffs and national tariffs have not approached\nzero, the Commission shall make appropriate proposals to the\nEuropean Parliament and the Council to address this\nsituation and thus achieve an internal market for mobile\ncommunication services, ultimately with there being no difference\nbetween national and roaming tariffs.
\nThe European Parliament adopted by 578 votes to 10\nwith 10 abstentions, a legislative resolution on the proposal for a\nregulation of the European Parliament and of the Council on roaming\non public mobile communications networks within the Union\n(recast).
\nParliament adopted its position in first reading\nfollowing the ordinary legislative procedure.
\nThe amendments adopted in plenary are the result of a\ncompromise agreement between Parliament and Council. They amend the\nCommission proposal as follows:
\nSubject matter and scope: it is specified that the Regulation lays down rules\nto enable the separate sale\nof regulated roaming services from domestic mobile\ncommunications services and sets out the conditions\nfor wholesale access to public\nmobile communications networks for the purpose of\nproviding regulated roaming services. It applies both to\ncharges levied by network operators at wholesale level\nand to charges levied by roaming providers at retail\nlevel.
\nThe amended text states that the separate sale of\nregulated roaming services from domestic mobile communications\nservices is a necessary intermediate step to\nincrease competition so as to lower roaming tariffs for customers\nin order to achieve an internal market for mobile communication\nservices and ultimately for there to be no differentiation\nbetween national and roaming tariffs.
\nDefinitions:\n‘roaming provider’ means an undertaking that provides\na roaming customer with regulated retail roaming\nservices. The text introduces a definition of ‘visited\nnetwork’ which means a terrestrial public mobile\ncommunications network situated in a Member State other than\nthat of the roaming customer’s domestic provider that permits\na roaming customer to make or receive calls, to send or receive SMS\nmessages or to use packet switched data communications, by means of\narrangements with the home network operator.
\n‘Roaming customer’ means a customer of a roaming provider of regulated\nroaming services, by means of a terrestrial public mobile\ncommunications network situated in the Union, whose contract or\narrangement with that roaming provider permits Union-wide\nroaming.
\nLastly, the text introduces a definition of\n‘Euro-voice tariff’.
\nWholesale roaming access: mobile network operators may refuse\nrequests for wholesale roaming access only on the basis\nof objective criteria. Mobile network operators shall\nprovide the undertaking requesting access with a draft\ncontract, for such access at the latest one month after\nthe initial receipt of the request by the mobile\nnetwork operator.
\nBy 30 September 2012, and in order\nto contribute to the consistent application of this\nArticle, he Body of European Regulators for Electronic\nCommunications (BEREC) shall, after consulting\nstakeholders and in close cooperation with the Commission, lay\ndown guidelines for wholesale roaming\naccess.
\nMobile network operators shall publish a reference\noffer, taking into account the BEREC guidelines, and make it\navailable to an undertaking requesting wholesale roaming\naccess.
\nSeparate sale of regulated retail roaming\nservices: from 1 July 2014,\ndomestic providers shall enable their customers to\naccess regulated voice, SMS and data roaming services,\nprovided as a bundle by any alternative roaming\nprovider.
\nNeither domestic nor roaming providers shall\nprevent customers from accessing regulated data roaming\nservices provided directly on a network visited by an\nalternative roaming provider.
\nRoaming customers shall have the right to switch\nroaming provider at any time. Where a roaming customer chooses to\nswitch roaming provider, the switch shall be carried out without\nundue delay, but under no circumstances exceeding three working\ndays from the conclusion of the agreement with the new roaming\nprovider.
\nThe switch to an alternative roaming\nprovider or between roaming providers shall be free of\ncharge for customers and shall be possible under any tariff\nplan. It shall not entail any associated subscription\nor additional fixed or recurring charges, pertaining\nto elements of the subscription other than roaming, as compared to\nthe conditions prevailing before the switch.
\nA domestic provider shall not prevent,\ndissuade or discourage retailers serving as the\ndomestic provider’s points of sale from\noffering contracts for separate roaming services with\nalternative roaming providers.
\nThe technical characteristics\nof regulated roaming services shall not be\naltered in such a way as to make them differ from the\ntechnical characteristics of the regulated roaming services,\nincluding the quality parameters, as provided to the customer\nbefore the switch.
\nImplementation of separate sale of regulated\nretail roaming services: from 1\nJuly 2014 domestic providers shall implement the separate\nsale of regulated retail roaming services so\nthat customers can use domestic\nmobile communication services and\nseparate regulated roaming services. Access to those\nfacilities and support services that are necessary for the\nseparate sale of regulated roaming services, including user\nauthentication services, shall be free of charge and shall not\nentail any direct charges to customers.
\nThe technical solution to implement the separate\nsale of regulated retail roaming services shall meet certain\nspecified criteria. These include:
\n\n· \nconsumer friendliness, in particular allowing\nconsumers to easily and quickly switch to an alternative roaming\nprovider while keeping their existing mobile phone number and while\nusing the same mobile device;
\n\n· \nability to serve all categories of consumer\ndemand on competitive terms, including intensive usage of data\nservices;
\n\n· \nallowing a maximum degree of\ninteroperability;
\n\n· \nuser friendliness, in particular in respect of\nthe customers‘ technical handling of the mobile device when\nchanging networks;
\n\n· \nensuring that roaming by Union customers in\nthird countries or by third country customers in the Union is not\nimpeded;
\n\n· \nensuring that the rules on protection of\nprivacy, personal data, security and integrity of networks and\ntransparency required by the Framework Directive and the Specific\nDirectives are respected;
\nWholesale charges for the making of regulated roaming\ncalls: the average wholesale charge\nthat the visited network operator may levy on the\ncustomer's roaming provider for the provision of a\nregulated roaming call originating on that visited network,\ninclusive inter alia of origination, transit and termination costs,\nshall not exceed EUR 0.14 per minute as of 1 July\n2012.
\nThe average wholesale charge referred to above shall\napply between any pair of operators and shall be calculated over a\n12-month period or any such shorter period as may remain before the\nend of the period of application of a maximum average wholesale\ncharge or before 30 June 2022. The maximum average wholesale\ncharge shall decrease to EUR 0.10 on 1 July 2013 and\nto EUR 0.05 on 1 July 2014 and shall remain\nat EUR 0.05 until 30 June 2022.
\nRetail charges for regulated roaming\ncalls: roaming providers shall\nmake available and actively offer to all their roaming customers,\nclearly and transparently, a Euro-voice tariff.\nThat tariff shall not entail any associated subscription\nor other fixed or recurring charges and may be combined with any\nretail tariff.
\nFrom 1 July 2012, the retail charge (excluding VAT)\nfor a Euro-voice tariff may vary for any roaming\ncall but shall not exceed EUR 0.29 per minute for\nany call made or EUR 0.08 per minute for any call\nreceived.
\nThe maximum retail charge for calls made shall\ndecrease to (i) EUR 0.24 on 1 July 2013 and\nto EUR 0.19 on 1 July 2014 and (ii) for calls\nreceived shall decrease to EUR 0.07 on 1 July\n2013 and to EUR 0.05 on 1 July 2014. These maximum\nretail charges for the Euro-voice tariff shall remain\nvalid until 30 June 2017.
\nRoaming providers:
\n\n· \nshall not levy any charge on their roaming\ncustomers for the receipt by them of a roaming voicemail\nmessage;
\n\n· \nshall charge its roaming customers for the\nprovision of any regulated roaming call to which a Euro-voice\ntariff applies, whether made or received, on a per second\nbasis;
\n\n· \nmay apply an initial minimum charging period not\nexceeding 30 seconds to calls made which are subject to\na Euro-voice tariff.
\nAny roaming customer may request to switch to or from\na Euro-voice tariff.
\nA roaming provider may delay a switch until\nthe previous roaming tariff has been effective for a minimum\nspecified period not exceeding two months. A Euro-voice\ntariff may always be combined with a Euro-SMS tariff and a\nEuro-data tariff.
\nWholesale charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy for the provision of a\nregulated roaming SMS message originating on that visited network\nshall not exceed EUR 0.03 per SMS message, shall decrease\nto EUR 0.02 on 1 July 2013 and shall remain at EUR\n0.02 until 30 June 2022.
\nRetail charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the retail charge (excluding VAT) for a Euro-SMS tariff may\nvary for any regulated roaming SMS message but shall\nnot exceed EUR 0.09. That maximum charge shall decrease\nto EUR 0.08 on 1 July 2013 and to EUR 0.06 on 1 July\n2014 and shall remain at EUR 0.06 until\n30 June 2017.
\nRoaming providers: (i) shall not levy any charge\non their roaming customers for the receipt by them of a regulated\nroaming SMS message; (ii) may delay a switch until the previous\nroaming tariff has been effective for a minimum specified period\nnot exceeding two months. A Euro-SMS tariff may always be\ncombined with a Euro-voice tariff and a Euro-data\ntariff.
\nNo roaming provider, domestic provider, home\nnetwork operator or visited\nnetwork operator shall alter the technical\ncharacteristics of regulated roaming SMS messages in such a way as\nto make them differ from the technical characteristics of SMS\nmessages provided within its domestic market.
\nWholesale charges for regulated data roaming\nservices: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy on the roaming customer's home\nprovider for the provision of regulated data roaming services by\nmeans of that visited network shall not exceed a safeguard limit\nof EUR 0.25 per megabyte of data transmitted. The\nsafeguard limit shall decrease to EUR 0.15 per megabyte of\ndata transmitted on 1 July 2013 and to\nEUR 0.05 per megabyte of data transmitted on 1\nJuly 2014 and shall remain at EUR 0.05 per\nmegabyte of data transmitted until 30 June 2022.
\nRetail charges for regulated data roaming\nservices: roaming providers shall\nmake available and actively offer to all their roaming\ncustomers, clearly and transparently, a Euro-data\ntariff.
\nWith effect from 1 July 2012, the retail charge\n(excluding VAT) of a Euro-data tariff which\na roaming provider may levy on its roaming customer for\nthe provision of a regulated data roaming service shall\nnot exceed EUR 0.70 per megabyte used. The\nmaximum retail charge for data used shall decrease\nto EUR 0.45 per megabyte used on 1 July 2013 and\nto EUR 0.20 per megabyte used on 1 July\n2014 and shall remain at EUR 0.20 per\nmegabyte used until 30 June 2017.
\nEvery roaming provider shall charge its roaming\ncustomers for the provision of any regulated roaming data service\nto which a Euro-data tariff applies on a per kilobyte basis, except\nfor Multimedia Messaging Service (MMS) messages which may be\ncharged on a per unit basis. In such a case, the retail charge\nwhich a roaming provider may levy on its roaming customer for the\ntransmission or receipt of a roaming MMS message shall not exceed\nthe maximum retail charge set in the Regulation.
\nTransparency of retail charges for roaming calls and\nSMS messages: the basic personalised\npricing information shall include the maximum charges (in\nthe currency of the home bill provided by the customer’s\ndomestic provider) to which the customer may be\nsubject under his tariff scheme for:
\n\n· \nmaking regulated roaming calls within\nthe visited Member State and back to the Member State of\nhis domestic provider, as well as for regulated\nroaming calls received; and
\n\n· \nsending regulated roaming SMS messages while in\nthe Member State visited.
\nThese provisions shall also apply to voice and SMS\nroaming services used by roaming customers travelling outside\nthe Union and provided by a roaming provider.
\nRoaming providers shall take measures\nto:
\n\n· \nsecure awareness by all their roaming customers\nof the availability of the Euro-voice tariff and the\nEuro-SMS tariff. The information provided shall be sufficiently\ndetailed for customers to judge whether or not it is beneficial for\nthem to switch to a Eurotariff;
\n\n· \nmake available information to their customers on\nhow to avoid inadvertent roaming in border regions. - protect their\ncustomers from paying roaming charges for inadvertently accessed\nroaming services while situated in their home Member\nState.
\nTransparency and safeguard mechanisms for retail data\nroaming services: where\nappropriate, roaming providers shall notify to their\ncustomers, free of charge and in a clear and easily\nunderstandable manner, how to switch off these automatic data\nroaming connections in order to avoid uncontrolled consumption of\ndata roaming services.
\nIn addition, where the customer opts for the facility\nproviding information on accumulated consumption the requirements\nprovided the Regulation shall not apply if the visited network\noperator in the visited country outside the Union does not allow\nthe roaming provider to monitor its customers‘ usage on a\nreal-time basis. In such a case the customer shall be notified by\nan SMS message when entering such a country, without undue delay\nand free of charge, that information on accumulated consumption and\nthe guarantee not to exceed a specified financial limit are not\navailable.
\nReview: the Commission\nshall review the functioning of this Regulation and, after a public\nconsultation, shall report to the European Parliament and the\nCouncil by 30 June 2016. In so doing, the\nCommission shall review, inter alia:
\n\n· \nwhether competition has sufficiently developed\nin order to justify the expiry of maximum retail\ncharges;
\n\n· \nthe developments and expected future\ntrends in wholesale and retail charges for the provision to\nroaming customers of voice, SMS and data communication\nservices, in comparison to the charges for mobile\ncommunications services at domestic level in the Member States,\nboth for pre-paid and post-paid customers separately, and in the\nquality and speed of these services;
\n\n· \nthe difference between roaming and national\ntariffs, including the availability of offers providing a single\ntariff for national and roaming services;
\n\n· \nthe extent to which the implementation\nof the structural measures provided for in the\nRegulation has produced results in developing competition in\nthe internal market for roaming services to the extent that\nthe difference between roaming and national tariffs has\napproached zero;
\n\n· \nthe extent to which the level of wholesale and\nretail maximum charges has provided adequate safeguards against\nexcessive prices for consumers while allowing the development of\ncompetition in the internal market for roaming services.
\nIf the report shows that the\nstructural measures provided for by the\nRegulation have not been sufficient to promote\ncompetition in the internal market\nfor roaming services for the benefit\nof all European consumers or that the differences\nbetween roaming tariffs and national tariffs have not approached\nzero, the Commission shall make appropriate proposals to the\nEuropean Parliament and the Council to address this\nsituation and thus achieve an internal market for mobile\ncommunication services, ultimately with there being no difference\nbetween national and roaming tariffs.
\nThe Council took\nnote, in a public session, of a progress report on a draft\nroaming regulation and discussed this proposal on the basis of the\npresidency questionnaire. The proposal aims at revising the current\nregulation by introducing pro-competitive structural measures\nand extending its validity until 30 June 2022. The proposed\nstructural measures aim to tackle the lack of competition and\nconsumer choice, which causes the high roaming prices. The\nintention is to open the market to different types of providers and\nraise consumers' awareness of roaming prices, as well as increase\nchoice by allowing them to purchase roaming also as a standalone\nservice.
\nThe current\nroaming regulation will expire on 30 June 2012. The aim of the\nincoming Danish presidency will be to achieve a first-reading\nagreement with the European Parliament early 2012.
\nThe presidency's progress report is intended to\ninform ministers of the work done so far and to identify issues,\nwhich will need more in-depth consideration.
\nThe working party\ndiscussed the proposal at several meetings on the basis of three\nclusters which cover the main elements of the proposal:
\nMost delegations\nwelcomed the proposal. However, most sought clarification with\nregard to the exact scope of the wholesale access\nobligation, and inquired about the technical and practical\nfeasibility of de-coupling domestic mobile services and\ninternational roaming services, and about the implementation\ntime-frame for particular actions indicated in the regulation. The\ndelegations also expressed some concerns about the level of the\nproposed price caps and the margin of the price caps at wholesale\nand retail level.
\nPURPOSE: introduce\nstructural measures to boost competition by allowing customers from\n1 July 2014, if they so wish, to sign up for a cheaper mobile\nroaming contract, separate from their contract for national mobile\nservices, whilst using the same phone number.
\nPROPOSED ACT: Regulation of\nthe European Parliament and of the Council.
\nBACKGROUND: Regulation (EC)\nNo 717/2007 on roaming on public mobile telephone networks within\nthe Community has been substantially amended. Since further\namendments are to be made, it should be recast in the interests of\nclarity.
\nA report adopted by the\nCommission on the current roaming Regulation indicates that it has\ntemporarily reduced prices for roaming phone calls and text\nmessages but has not remedied the lack of competition in the\nroaming market, with prices remaining stubbornly close to the\nretail caps.
\nThe Commission's proposal\nwould tackle the current lack of competition and consumer choice\nby:
\nThe proposal aims to meet\nthe objective set in the Digital Agenda for Europe\nthat differences between roaming and national telecoms tariffs\nshould approach zero by 2015.
\nIMPACT ASSESSMENT: no\nimpact assessment was carried out.
\nLEGAL BASIS: Article 114 of\nthe Treaty on the Functioning of the European Union\n(TFEU).
\nCONTENT: to cover the\nperiod until structural measures become fully effective and\ncompetition drives retail prices down, the proposal would\nprogressively lower current retail price caps on voice and texting\n(SMS) services and introduce a new retail price cap for mobile data\nservices. By 1 July 2014, roaming consumers would pay no more\nthan:
\nMore specifically, until\nthese structural solutions fully delivered their results the\nproposal would:
\nBUDGETARY IMPLICATIONS:\nthis proposal has no implications for the EU budget.
\nThe European Parliament adopted by 578 votes to 10\nwith 10 abstentions, a legislative resolution on the proposal for a\nregulation of the European Parliament and of the Council on roaming\non public mobile communications networks within the Union\n(recast).
\nParliament adopted its position in first reading\nfollowing the ordinary legislative procedure.
\nThe amendments adopted in plenary are the result of a\ncompromise agreement between Parliament and Council. They amend the\nCommission proposal as follows:
\nSubject matter and scope: it is specified that the Regulation lays down rules\nto enable the separate sale\nof regulated roaming services from domestic mobile\ncommunications services and sets out the conditions\nfor wholesale access to public\nmobile communications networks for the purpose of\nproviding regulated roaming services. It applies both to\ncharges levied by network operators at wholesale level\nand to charges levied by roaming providers at retail\nlevel.
\nThe amended text states that the separate sale of\nregulated roaming services from domestic mobile communications\nservices is a necessary intermediate step to\nincrease competition so as to lower roaming tariffs for customers\nin order to achieve an internal market for mobile communication\nservices and ultimately for there to be no differentiation\nbetween national and roaming tariffs.
\nDefinitions:\n‘roaming provider’ means an undertaking that provides\na roaming customer with regulated retail roaming\nservices. The text introduces a definition of ‘visited\nnetwork’ which means a terrestrial public mobile\ncommunications network situated in a Member State other than\nthat of the roaming customer’s domestic provider that permits\na roaming customer to make or receive calls, to send or receive SMS\nmessages or to use packet switched data communications, by means of\narrangements with the home network operator.
\n‘Roaming customer’ means a customer of a roaming provider of regulated\nroaming services, by means of a terrestrial public mobile\ncommunications network situated in the Union, whose contract or\narrangement with that roaming provider permits Union-wide\nroaming.
\nLastly, the text introduces a definition of\n‘Euro-voice tariff’.
\nWholesale roaming access: mobile network operators may refuse\nrequests for wholesale roaming access only on the basis\nof objective criteria. Mobile network operators shall\nprovide the undertaking requesting access with a draft\ncontract, for such access at the latest one month after\nthe initial receipt of the request by the mobile\nnetwork operator.
\nBy 30 September 2012, and in order\nto contribute to the consistent application of this\nArticle, he Body of European Regulators for Electronic\nCommunications (BEREC) shall, after consulting\nstakeholders and in close cooperation with the Commission, lay\ndown guidelines for wholesale roaming\naccess.
\nMobile network operators shall publish a reference\noffer, taking into account the BEREC guidelines, and make it\navailable to an undertaking requesting wholesale roaming\naccess.
\nSeparate sale of regulated retail roaming\nservices: from 1 July 2014,\ndomestic providers shall enable their customers to\naccess regulated voice, SMS and data roaming services,\nprovided as a bundle by any alternative roaming\nprovider.
\nNeither domestic nor roaming providers shall\nprevent customers from accessing regulated data roaming\nservices provided directly on a network visited by an\nalternative roaming provider.
\nRoaming customers shall have the right to switch\nroaming provider at any time. Where a roaming customer chooses to\nswitch roaming provider, the switch shall be carried out without\nundue delay, but under no circumstances exceeding three working\ndays from the conclusion of the agreement with the new roaming\nprovider.
\nThe switch to an alternative roaming\nprovider or between roaming providers shall be free of\ncharge for customers and shall be possible under any tariff\nplan. It shall not entail any associated subscription\nor additional fixed or recurring charges, pertaining\nto elements of the subscription other than roaming, as compared to\nthe conditions prevailing before the switch.
\nA domestic provider shall not prevent,\ndissuade or discourage retailers serving as the\ndomestic provider’s points of sale from\noffering contracts for separate roaming services with\nalternative roaming providers.
\nThe technical characteristics\nof regulated roaming services shall not be\naltered in such a way as to make them differ from the\ntechnical characteristics of the regulated roaming services,\nincluding the quality parameters, as provided to the customer\nbefore the switch.
\nImplementation of separate sale of regulated\nretail roaming services: from 1\nJuly 2014 domestic providers shall implement the separate\nsale of regulated retail roaming services so\nthat customers can use domestic\nmobile communication services and\nseparate regulated roaming services. Access to those\nfacilities and support services that are necessary for the\nseparate sale of regulated roaming services, including user\nauthentication services, shall be free of charge and shall not\nentail any direct charges to customers.
\nThe technical solution to implement the separate\nsale of regulated retail roaming services shall meet certain\nspecified criteria. These include:
\n\n· \nconsumer friendliness, in particular allowing\nconsumers to easily and quickly switch to an alternative roaming\nprovider while keeping their existing mobile phone number and while\nusing the same mobile device;
\n\n· \nability to serve all categories of consumer\ndemand on competitive terms, including intensive usage of data\nservices;
\n\n· \nallowing a maximum degree of\ninteroperability;
\n\n· \nuser friendliness, in particular in respect of\nthe customers‘ technical handling of the mobile device when\nchanging networks;
\n\n· \nensuring that roaming by Union customers in\nthird countries or by third country customers in the Union is not\nimpeded;
\n\n· \nensuring that the rules on protection of\nprivacy, personal data, security and integrity of networks and\ntransparency required by the Framework Directive and the Specific\nDirectives are respected;
\nWholesale charges for the making of regulated roaming\ncalls: the average wholesale charge\nthat the visited network operator may levy on the\ncustomer's roaming provider for the provision of a\nregulated roaming call originating on that visited network,\ninclusive inter alia of origination, transit and termination costs,\nshall not exceed EUR 0.14 per minute as of 1 July\n2012.
\nThe average wholesale charge referred to above shall\napply between any pair of operators and shall be calculated over a\n12-month period or any such shorter period as may remain before the\nend of the period of application of a maximum average wholesale\ncharge or before 30 June 2022. The maximum average wholesale\ncharge shall decrease to EUR 0.10 on 1 July 2013 and\nto EUR 0.05 on 1 July 2014 and shall remain\nat EUR 0.05 until 30 June 2022.
\nRetail charges for regulated roaming\ncalls: roaming providers shall\nmake available and actively offer to all their roaming customers,\nclearly and transparently, a Euro-voice tariff.\nThat tariff shall not entail any associated subscription\nor other fixed or recurring charges and may be combined with any\nretail tariff.
\nFrom 1 July 2012, the retail charge (excluding VAT)\nfor a Euro-voice tariff may vary for any roaming\ncall but shall not exceed EUR 0.29 per minute for\nany call made or EUR 0.08 per minute for any call\nreceived.
\nThe maximum retail charge for calls made shall\ndecrease to (i) EUR 0.24 on 1 July 2013 and\nto EUR 0.19 on 1 July 2014 and (ii) for calls\nreceived shall decrease to EUR 0.07 on 1 July\n2013 and to EUR 0.05 on 1 July 2014. These maximum\nretail charges for the Euro-voice tariff shall remain\nvalid until 30 June 2017.
\nRoaming providers:
\n\n· \nshall not levy any charge on their roaming\ncustomers for the receipt by them of a roaming voicemail\nmessage;
\n\n· \nshall charge its roaming customers for the\nprovision of any regulated roaming call to which a Euro-voice\ntariff applies, whether made or received, on a per second\nbasis;
\n\n· \nmay apply an initial minimum charging period not\nexceeding 30 seconds to calls made which are subject to\na Euro-voice tariff.
\nAny roaming customer may request to switch to or from\na Euro-voice tariff.
\nA roaming provider may delay a switch until\nthe previous roaming tariff has been effective for a minimum\nspecified period not exceeding two months. A Euro-voice\ntariff may always be combined with a Euro-SMS tariff and a\nEuro-data tariff.
\nWholesale charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy for the provision of a\nregulated roaming SMS message originating on that visited network\nshall not exceed EUR 0.03 per SMS message, shall decrease\nto EUR 0.02 on 1 July 2013 and shall remain at EUR\n0.02 until 30 June 2022.
\nRetail charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the retail charge (excluding VAT) for a Euro-SMS tariff may\nvary for any regulated roaming SMS message but shall\nnot exceed EUR 0.09. That maximum charge shall decrease\nto EUR 0.08 on 1 July 2013 and to EUR 0.06 on 1 July\n2014 and shall remain at EUR 0.06 until\n30 June 2017.
\nRoaming providers: (i) shall not levy any charge\non their roaming customers for the receipt by them of a regulated\nroaming SMS message; (ii) may delay a switch until the previous\nroaming tariff has been effective for a minimum specified period\nnot exceeding two months. A Euro-SMS tariff may always be\ncombined with a Euro-voice tariff and a Euro-data\ntariff.
\nNo roaming provider, domestic provider, home\nnetwork operator or visited\nnetwork operator shall alter the technical\ncharacteristics of regulated roaming SMS messages in such a way as\nto make them differ from the technical characteristics of SMS\nmessages provided within its domestic market.
\nWholesale charges for regulated data roaming\nservices: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy on the roaming customer's home\nprovider for the provision of regulated data roaming services by\nmeans of that visited network shall not exceed a safeguard limit\nof EUR 0.25 per megabyte of data transmitted. The\nsafeguard limit shall decrease to EUR 0.15 per megabyte of\ndata transmitted on 1 July 2013 and to\nEUR 0.05 per megabyte of data transmitted on 1\nJuly 2014 and shall remain at EUR 0.05 per\nmegabyte of data transmitted until 30 June 2022.
\nRetail charges for regulated data roaming\nservices: roaming providers shall\nmake available and actively offer to all their roaming\ncustomers, clearly and transparently, a Euro-data\ntariff.
\nWith effect from 1 July 2012, the retail charge\n(excluding VAT) of a Euro-data tariff which\na roaming provider may levy on its roaming customer for\nthe provision of a regulated data roaming service shall\nnot exceed EUR 0.70 per megabyte used. The\nmaximum retail charge for data used shall decrease\nto EUR 0.45 per megabyte used on 1 July 2013 and\nto EUR 0.20 per megabyte used on 1 July\n2014 and shall remain at EUR 0.20 per\nmegabyte used until 30 June 2017.
\nEvery roaming provider shall charge its roaming\ncustomers for the provision of any regulated roaming data service\nto which a Euro-data tariff applies on a per kilobyte basis, except\nfor Multimedia Messaging Service (MMS) messages which may be\ncharged on a per unit basis. In such a case, the retail charge\nwhich a roaming provider may levy on its roaming customer for the\ntransmission or receipt of a roaming MMS message shall not exceed\nthe maximum retail charge set in the Regulation.
\nTransparency of retail charges for roaming calls and\nSMS messages: the basic personalised\npricing information shall include the maximum charges (in\nthe currency of the home bill provided by the customer’s\ndomestic provider) to which the customer may be\nsubject under his tariff scheme for:
\n\n· \nmaking regulated roaming calls within\nthe visited Member State and back to the Member State of\nhis domestic provider, as well as for regulated\nroaming calls received; and
\n\n· \nsending regulated roaming SMS messages while in\nthe Member State visited.
\nThese provisions shall also apply to voice and SMS\nroaming services used by roaming customers travelling outside\nthe Union and provided by a roaming provider.
\nRoaming providers shall take measures\nto:
\n\n· \nsecure awareness by all their roaming customers\nof the availability of the Euro-voice tariff and the\nEuro-SMS tariff. The information provided shall be sufficiently\ndetailed for customers to judge whether or not it is beneficial for\nthem to switch to a Eurotariff;
\n\n· \nmake available information to their customers on\nhow to avoid inadvertent roaming in border regions. - protect their\ncustomers from paying roaming charges for inadvertently accessed\nroaming services while situated in their home Member\nState.
\nTransparency and safeguard mechanisms for retail data\nroaming services: where\nappropriate, roaming providers shall notify to their\ncustomers, free of charge and in a clear and easily\nunderstandable manner, how to switch off these automatic data\nroaming connections in order to avoid uncontrolled consumption of\ndata roaming services.
\nIn addition, where the customer opts for the facility\nproviding information on accumulated consumption the requirements\nprovided the Regulation shall not apply if the visited network\noperator in the visited country outside the Union does not allow\nthe roaming provider to monitor its customers‘ usage on a\nreal-time basis. In such a case the customer shall be notified by\nan SMS message when entering such a country, without undue delay\nand free of charge, that information on accumulated consumption and\nthe guarantee not to exceed a specified financial limit are not\navailable.
\nReview: the Commission\nshall review the functioning of this Regulation and, after a public\nconsultation, shall report to the European Parliament and the\nCouncil by 30 June 2016. In so doing, the\nCommission shall review, inter alia:
\n\n· \nwhether competition has sufficiently developed\nin order to justify the expiry of maximum retail\ncharges;
\n\n· \nthe developments and expected future\ntrends in wholesale and retail charges for the provision to\nroaming customers of voice, SMS and data communication\nservices, in comparison to the charges for mobile\ncommunications services at domestic level in the Member States,\nboth for pre-paid and post-paid customers separately, and in the\nquality and speed of these services;
\n\n· \nthe difference between roaming and national\ntariffs, including the availability of offers providing a single\ntariff for national and roaming services;
\n\n· \nthe extent to which the implementation\nof the structural measures provided for in the\nRegulation has produced results in developing competition in\nthe internal market for roaming services to the extent that\nthe difference between roaming and national tariffs has\napproached zero;
\n\n· \nthe extent to which the level of wholesale and\nretail maximum charges has provided adequate safeguards against\nexcessive prices for consumers while allowing the development of\ncompetition in the internal market for roaming services.
\nIf the report shows that the\nstructural measures provided for by the\nRegulation have not been sufficient to promote\ncompetition in the internal market\nfor roaming services for the benefit\nof all European consumers or that the differences\nbetween roaming tariffs and national tariffs have not approached\nzero, the Commission shall make appropriate proposals to the\nEuropean Parliament and the Council to address this\nsituation and thus achieve an internal market for mobile\ncommunication services, ultimately with there being no difference\nbetween national and roaming tariffs.
\nThe European Parliament adopted by 578 votes to 10\nwith 10 abstentions, a legislative resolution on the proposal for a\nregulation of the European Parliament and of the Council on roaming\non public mobile communications networks within the Union\n(recast).
\nParliament adopted its position in first reading\nfollowing the ordinary legislative procedure.
\nThe amendments adopted in plenary are the result of a\ncompromise agreement between Parliament and Council. They amend the\nCommission proposal as follows:
\nSubject matter and scope: it is specified that the Regulation lays down rules\nto enable the separate sale\nof regulated roaming services from domestic mobile\ncommunications services and sets out the conditions\nfor wholesale access to public\nmobile communications networks for the purpose of\nproviding regulated roaming services. It applies both to\ncharges levied by network operators at wholesale level\nand to charges levied by roaming providers at retail\nlevel.
\nThe amended text states that the separate sale of\nregulated roaming services from domestic mobile communications\nservices is a necessary intermediate step to\nincrease competition so as to lower roaming tariffs for customers\nin order to achieve an internal market for mobile communication\nservices and ultimately for there to be no differentiation\nbetween national and roaming tariffs.
\nDefinitions:\n‘roaming provider’ means an undertaking that provides\na roaming customer with regulated retail roaming\nservices. The text introduces a definition of ‘visited\nnetwork’ which means a terrestrial public mobile\ncommunications network situated in a Member State other than\nthat of the roaming customer’s domestic provider that permits\na roaming customer to make or receive calls, to send or receive SMS\nmessages or to use packet switched data communications, by means of\narrangements with the home network operator.
\n‘Roaming customer’ means a customer of a roaming provider of regulated\nroaming services, by means of a terrestrial public mobile\ncommunications network situated in the Union, whose contract or\narrangement with that roaming provider permits Union-wide\nroaming.
\nLastly, the text introduces a definition of\n‘Euro-voice tariff’.
\nWholesale roaming access: mobile network operators may refuse\nrequests for wholesale roaming access only on the basis\nof objective criteria. Mobile network operators shall\nprovide the undertaking requesting access with a draft\ncontract, for such access at the latest one month after\nthe initial receipt of the request by the mobile\nnetwork operator.
\nBy 30 September 2012, and in order\nto contribute to the consistent application of this\nArticle, he Body of European Regulators for Electronic\nCommunications (BEREC) shall, after consulting\nstakeholders and in close cooperation with the Commission, lay\ndown guidelines for wholesale roaming\naccess.
\nMobile network operators shall publish a reference\noffer, taking into account the BEREC guidelines, and make it\navailable to an undertaking requesting wholesale roaming\naccess.
\nSeparate sale of regulated retail roaming\nservices: from 1 July 2014,\ndomestic providers shall enable their customers to\naccess regulated voice, SMS and data roaming services,\nprovided as a bundle by any alternative roaming\nprovider.
\nNeither domestic nor roaming providers shall\nprevent customers from accessing regulated data roaming\nservices provided directly on a network visited by an\nalternative roaming provider.
\nRoaming customers shall have the right to switch\nroaming provider at any time. Where a roaming customer chooses to\nswitch roaming provider, the switch shall be carried out without\nundue delay, but under no circumstances exceeding three working\ndays from the conclusion of the agreement with the new roaming\nprovider.
\nThe switch to an alternative roaming\nprovider or between roaming providers shall be free of\ncharge for customers and shall be possible under any tariff\nplan. It shall not entail any associated subscription\nor additional fixed or recurring charges, pertaining\nto elements of the subscription other than roaming, as compared to\nthe conditions prevailing before the switch.
\nA domestic provider shall not prevent,\ndissuade or discourage retailers serving as the\ndomestic provider’s points of sale from\noffering contracts for separate roaming services with\nalternative roaming providers.
\nThe technical characteristics\nof regulated roaming services shall not be\naltered in such a way as to make them differ from the\ntechnical characteristics of the regulated roaming services,\nincluding the quality parameters, as provided to the customer\nbefore the switch.
\nImplementation of separate sale of regulated\nretail roaming services: from 1\nJuly 2014 domestic providers shall implement the separate\nsale of regulated retail roaming services so\nthat customers can use domestic\nmobile communication services and\nseparate regulated roaming services. Access to those\nfacilities and support services that are necessary for the\nseparate sale of regulated roaming services, including user\nauthentication services, shall be free of charge and shall not\nentail any direct charges to customers.
\nThe technical solution to implement the separate\nsale of regulated retail roaming services shall meet certain\nspecified criteria. These include:
\n\n· \nconsumer friendliness, in particular allowing\nconsumers to easily and quickly switch to an alternative roaming\nprovider while keeping their existing mobile phone number and while\nusing the same mobile device;
\n\n· \nability to serve all categories of consumer\ndemand on competitive terms, including intensive usage of data\nservices;
\n\n· \nallowing a maximum degree of\ninteroperability;
\n\n· \nuser friendliness, in particular in respect of\nthe customers‘ technical handling of the mobile device when\nchanging networks;
\n\n· \nensuring that roaming by Union customers in\nthird countries or by third country customers in the Union is not\nimpeded;
\n\n· \nensuring that the rules on protection of\nprivacy, personal data, security and integrity of networks and\ntransparency required by the Framework Directive and the Specific\nDirectives are respected;
\nWholesale charges for the making of regulated roaming\ncalls: the average wholesale charge\nthat the visited network operator may levy on the\ncustomer's roaming provider for the provision of a\nregulated roaming call originating on that visited network,\ninclusive inter alia of origination, transit and termination costs,\nshall not exceed EUR 0.14 per minute as of 1 July\n2012.
\nThe average wholesale charge referred to above shall\napply between any pair of operators and shall be calculated over a\n12-month period or any such shorter period as may remain before the\nend of the period of application of a maximum average wholesale\ncharge or before 30 June 2022. The maximum average wholesale\ncharge shall decrease to EUR 0.10 on 1 July 2013 and\nto EUR 0.05 on 1 July 2014 and shall remain\nat EUR 0.05 until 30 June 2022.
\nRetail charges for regulated roaming\ncalls: roaming providers shall\nmake available and actively offer to all their roaming customers,\nclearly and transparently, a Euro-voice tariff.\nThat tariff shall not entail any associated subscription\nor other fixed or recurring charges and may be combined with any\nretail tariff.
\nFrom 1 July 2012, the retail charge (excluding VAT)\nfor a Euro-voice tariff may vary for any roaming\ncall but shall not exceed EUR 0.29 per minute for\nany call made or EUR 0.08 per minute for any call\nreceived.
\nThe maximum retail charge for calls made shall\ndecrease to (i) EUR 0.24 on 1 July 2013 and\nto EUR 0.19 on 1 July 2014 and (ii) for calls\nreceived shall decrease to EUR 0.07 on 1 July\n2013 and to EUR 0.05 on 1 July 2014. These maximum\nretail charges for the Euro-voice tariff shall remain\nvalid until 30 June 2017.
\nRoaming providers:
\n\n· \nshall not levy any charge on their roaming\ncustomers for the receipt by them of a roaming voicemail\nmessage;
\n\n· \nshall charge its roaming customers for the\nprovision of any regulated roaming call to which a Euro-voice\ntariff applies, whether made or received, on a per second\nbasis;
\n\n· \nmay apply an initial minimum charging period not\nexceeding 30 seconds to calls made which are subject to\na Euro-voice tariff.
\nAny roaming customer may request to switch to or from\na Euro-voice tariff.
\nA roaming provider may delay a switch until\nthe previous roaming tariff has been effective for a minimum\nspecified period not exceeding two months. A Euro-voice\ntariff may always be combined with a Euro-SMS tariff and a\nEuro-data tariff.
\nWholesale charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy for the provision of a\nregulated roaming SMS message originating on that visited network\nshall not exceed EUR 0.03 per SMS message, shall decrease\nto EUR 0.02 on 1 July 2013 and shall remain at EUR\n0.02 until 30 June 2022.
\nRetail charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the retail charge (excluding VAT) for a Euro-SMS tariff may\nvary for any regulated roaming SMS message but shall\nnot exceed EUR 0.09. That maximum charge shall decrease\nto EUR 0.08 on 1 July 2013 and to EUR 0.06 on 1 July\n2014 and shall remain at EUR 0.06 until\n30 June 2017.
\nRoaming providers: (i) shall not levy any charge\non their roaming customers for the receipt by them of a regulated\nroaming SMS message; (ii) may delay a switch until the previous\nroaming tariff has been effective for a minimum specified period\nnot exceeding two months. A Euro-SMS tariff may always be\ncombined with a Euro-voice tariff and a Euro-data\ntariff.
\nNo roaming provider, domestic provider, home\nnetwork operator or visited\nnetwork operator shall alter the technical\ncharacteristics of regulated roaming SMS messages in such a way as\nto make them differ from the technical characteristics of SMS\nmessages provided within its domestic market.
\nWholesale charges for regulated data roaming\nservices: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy on the roaming customer's home\nprovider for the provision of regulated data roaming services by\nmeans of that visited network shall not exceed a safeguard limit\nof EUR 0.25 per megabyte of data transmitted. The\nsafeguard limit shall decrease to EUR 0.15 per megabyte of\ndata transmitted on 1 July 2013 and to\nEUR 0.05 per megabyte of data transmitted on 1\nJuly 2014 and shall remain at EUR 0.05 per\nmegabyte of data transmitted until 30 June 2022.
\nRetail charges for regulated data roaming\nservices: roaming providers shall\nmake available and actively offer to all their roaming\ncustomers, clearly and transparently, a Euro-data\ntariff.
\nWith effect from 1 July 2012, the retail charge\n(excluding VAT) of a Euro-data tariff which\na roaming provider may levy on its roaming customer for\nthe provision of a regulated data roaming service shall\nnot exceed EUR 0.70 per megabyte used. The\nmaximum retail charge for data used shall decrease\nto EUR 0.45 per megabyte used on 1 July 2013 and\nto EUR 0.20 per megabyte used on 1 July\n2014 and shall remain at EUR 0.20 per\nmegabyte used until 30 June 2017.
\nEvery roaming provider shall charge its roaming\ncustomers for the provision of any regulated roaming data service\nto which a Euro-data tariff applies on a per kilobyte basis, except\nfor Multimedia Messaging Service (MMS) messages which may be\ncharged on a per unit basis. In such a case, the retail charge\nwhich a roaming provider may levy on its roaming customer for the\ntransmission or receipt of a roaming MMS message shall not exceed\nthe maximum retail charge set in the Regulation.
\nTransparency of retail charges for roaming calls and\nSMS messages: the basic personalised\npricing information shall include the maximum charges (in\nthe currency of the home bill provided by the customer’s\ndomestic provider) to which the customer may be\nsubject under his tariff scheme for:
\n\n· \nmaking regulated roaming calls within\nthe visited Member State and back to the Member State of\nhis domestic provider, as well as for regulated\nroaming calls received; and
\n\n· \nsending regulated roaming SMS messages while in\nthe Member State visited.
\nThese provisions shall also apply to voice and SMS\nroaming services used by roaming customers travelling outside\nthe Union and provided by a roaming provider.
\nRoaming providers shall take measures\nto:
\n\n· \nsecure awareness by all their roaming customers\nof the availability of the Euro-voice tariff and the\nEuro-SMS tariff. The information provided shall be sufficiently\ndetailed for customers to judge whether or not it is beneficial for\nthem to switch to a Eurotariff;
\n\n· \nmake available information to their customers on\nhow to avoid inadvertent roaming in border regions. - protect their\ncustomers from paying roaming charges for inadvertently accessed\nroaming services while situated in their home Member\nState.
\nTransparency and safeguard mechanisms for retail data\nroaming services: where\nappropriate, roaming providers shall notify to their\ncustomers, free of charge and in a clear and easily\nunderstandable manner, how to switch off these automatic data\nroaming connections in order to avoid uncontrolled consumption of\ndata roaming services.
\nIn addition, where the customer opts for the facility\nproviding information on accumulated consumption the requirements\nprovided the Regulation shall not apply if the visited network\noperator in the visited country outside the Union does not allow\nthe roaming provider to monitor its customers‘ usage on a\nreal-time basis. In such a case the customer shall be notified by\nan SMS message when entering such a country, without undue delay\nand free of charge, that information on accumulated consumption and\nthe guarantee not to exceed a specified financial limit are not\navailable.
\nReview: the Commission\nshall review the functioning of this Regulation and, after a public\nconsultation, shall report to the European Parliament and the\nCouncil by 30 June 2016. In so doing, the\nCommission shall review, inter alia:
\n\n· \nwhether competition has sufficiently developed\nin order to justify the expiry of maximum retail\ncharges;
\n\n· \nthe developments and expected future\ntrends in wholesale and retail charges for the provision to\nroaming customers of voice, SMS and data communication\nservices, in comparison to the charges for mobile\ncommunications services at domestic level in the Member States,\nboth for pre-paid and post-paid customers separately, and in the\nquality and speed of these services;
\n\n· \nthe difference between roaming and national\ntariffs, including the availability of offers providing a single\ntariff for national and roaming services;
\n\n· \nthe extent to which the implementation\nof the structural measures provided for in the\nRegulation has produced results in developing competition in\nthe internal market for roaming services to the extent that\nthe difference between roaming and national tariffs has\napproached zero;
\n\n· \nthe extent to which the level of wholesale and\nretail maximum charges has provided adequate safeguards against\nexcessive prices for consumers while allowing the development of\ncompetition in the internal market for roaming services.
\nIf the report shows that the\nstructural measures provided for by the\nRegulation have not been sufficient to promote\ncompetition in the internal market\nfor roaming services for the benefit\nof all European consumers or that the differences\nbetween roaming tariffs and national tariffs have not approached\nzero, the Commission shall make appropriate proposals to the\nEuropean Parliament and the Council to address this\nsituation and thus achieve an internal market for mobile\ncommunication services, ultimately with there being no difference\nbetween national and roaming tariffs.
\nThe European Parliament adopted by 578 votes to 10\nwith 10 abstentions, a legislative resolution on the proposal for a\nregulation of the European Parliament and of the Council on roaming\non public mobile communications networks within the Union\n(recast).
\nParliament adopted its position in first reading\nfollowing the ordinary legislative procedure.
\nThe amendments adopted in plenary are the result of a\ncompromise agreement between Parliament and Council. They amend the\nCommission proposal as follows:
\nSubject matter and scope: it is specified that the Regulation lays down rules\nto enable the separate sale\nof regulated roaming services from domestic mobile\ncommunications services and sets out the conditions\nfor wholesale access to public\nmobile communications networks for the purpose of\nproviding regulated roaming services. It applies both to\ncharges levied by network operators at wholesale level\nand to charges levied by roaming providers at retail\nlevel.
\nThe amended text states that the separate sale of\nregulated roaming services from domestic mobile communications\nservices is a necessary intermediate step to\nincrease competition so as to lower roaming tariffs for customers\nin order to achieve an internal market for mobile communication\nservices and ultimately for there to be no differentiation\nbetween national and roaming tariffs.
\nDefinitions:\n‘roaming provider’ means an undertaking that provides\na roaming customer with regulated retail roaming\nservices. The text introduces a definition of ‘visited\nnetwork’ which means a terrestrial public mobile\ncommunications network situated in a Member State other than\nthat of the roaming customer’s domestic provider that permits\na roaming customer to make or receive calls, to send or receive SMS\nmessages or to use packet switched data communications, by means of\narrangements with the home network operator.
\n‘Roaming customer’ means a customer of a roaming provider of regulated\nroaming services, by means of a terrestrial public mobile\ncommunications network situated in the Union, whose contract or\narrangement with that roaming provider permits Union-wide\nroaming.
\nLastly, the text introduces a definition of\n‘Euro-voice tariff’.
\nWholesale roaming access: mobile network operators may refuse\nrequests for wholesale roaming access only on the basis\nof objective criteria. Mobile network operators shall\nprovide the undertaking requesting access with a draft\ncontract, for such access at the latest one month after\nthe initial receipt of the request by the mobile\nnetwork operator.
\nBy 30 September 2012, and in order\nto contribute to the consistent application of this\nArticle, he Body of European Regulators for Electronic\nCommunications (BEREC) shall, after consulting\nstakeholders and in close cooperation with the Commission, lay\ndown guidelines for wholesale roaming\naccess.
\nMobile network operators shall publish a reference\noffer, taking into account the BEREC guidelines, and make it\navailable to an undertaking requesting wholesale roaming\naccess.
\nSeparate sale of regulated retail roaming\nservices: from 1 July 2014,\ndomestic providers shall enable their customers to\naccess regulated voice, SMS and data roaming services,\nprovided as a bundle by any alternative roaming\nprovider.
\nNeither domestic nor roaming providers shall\nprevent customers from accessing regulated data roaming\nservices provided directly on a network visited by an\nalternative roaming provider.
\nRoaming customers shall have the right to switch\nroaming provider at any time. Where a roaming customer chooses to\nswitch roaming provider, the switch shall be carried out without\nundue delay, but under no circumstances exceeding three working\ndays from the conclusion of the agreement with the new roaming\nprovider.
\nThe switch to an alternative roaming\nprovider or between roaming providers shall be free of\ncharge for customers and shall be possible under any tariff\nplan. It shall not entail any associated subscription\nor additional fixed or recurring charges, pertaining\nto elements of the subscription other than roaming, as compared to\nthe conditions prevailing before the switch.
\nA domestic provider shall not prevent,\ndissuade or discourage retailers serving as the\ndomestic provider’s points of sale from\noffering contracts for separate roaming services with\nalternative roaming providers.
\nThe technical characteristics\nof regulated roaming services shall not be\naltered in such a way as to make them differ from the\ntechnical characteristics of the regulated roaming services,\nincluding the quality parameters, as provided to the customer\nbefore the switch.
\nImplementation of separate sale of regulated\nretail roaming services: from 1\nJuly 2014 domestic providers shall implement the separate\nsale of regulated retail roaming services so\nthat customers can use domestic\nmobile communication services and\nseparate regulated roaming services. Access to those\nfacilities and support services that are necessary for the\nseparate sale of regulated roaming services, including user\nauthentication services, shall be free of charge and shall not\nentail any direct charges to customers.
\nThe technical solution to implement the separate\nsale of regulated retail roaming services shall meet certain\nspecified criteria. These include:
\n\n· \nconsumer friendliness, in particular allowing\nconsumers to easily and quickly switch to an alternative roaming\nprovider while keeping their existing mobile phone number and while\nusing the same mobile device;
\n\n· \nability to serve all categories of consumer\ndemand on competitive terms, including intensive usage of data\nservices;
\n\n· \nallowing a maximum degree of\ninteroperability;
\n\n· \nuser friendliness, in particular in respect of\nthe customers‘ technical handling of the mobile device when\nchanging networks;
\n\n· \nensuring that roaming by Union customers in\nthird countries or by third country customers in the Union is not\nimpeded;
\n\n· \nensuring that the rules on protection of\nprivacy, personal data, security and integrity of networks and\ntransparency required by the Framework Directive and the Specific\nDirectives are respected;
\nWholesale charges for the making of regulated roaming\ncalls: the average wholesale charge\nthat the visited network operator may levy on the\ncustomer's roaming provider for the provision of a\nregulated roaming call originating on that visited network,\ninclusive inter alia of origination, transit and termination costs,\nshall not exceed EUR 0.14 per minute as of 1 July\n2012.
\nThe average wholesale charge referred to above shall\napply between any pair of operators and shall be calculated over a\n12-month period or any such shorter period as may remain before the\nend of the period of application of a maximum average wholesale\ncharge or before 30 June 2022. The maximum average wholesale\ncharge shall decrease to EUR 0.10 on 1 July 2013 and\nto EUR 0.05 on 1 July 2014 and shall remain\nat EUR 0.05 until 30 June 2022.
\nRetail charges for regulated roaming\ncalls: roaming providers shall\nmake available and actively offer to all their roaming customers,\nclearly and transparently, a Euro-voice tariff.\nThat tariff shall not entail any associated subscription\nor other fixed or recurring charges and may be combined with any\nretail tariff.
\nFrom 1 July 2012, the retail charge (excluding VAT)\nfor a Euro-voice tariff may vary for any roaming\ncall but shall not exceed EUR 0.29 per minute for\nany call made or EUR 0.08 per minute for any call\nreceived.
\nThe maximum retail charge for calls made shall\ndecrease to (i) EUR 0.24 on 1 July 2013 and\nto EUR 0.19 on 1 July 2014 and (ii) for calls\nreceived shall decrease to EUR 0.07 on 1 July\n2013 and to EUR 0.05 on 1 July 2014. These maximum\nretail charges for the Euro-voice tariff shall remain\nvalid until 30 June 2017.
\nRoaming providers:
\n\n· \nshall not levy any charge on their roaming\ncustomers for the receipt by them of a roaming voicemail\nmessage;
\n\n· \nshall charge its roaming customers for the\nprovision of any regulated roaming call to which a Euro-voice\ntariff applies, whether made or received, on a per second\nbasis;
\n\n· \nmay apply an initial minimum charging period not\nexceeding 30 seconds to calls made which are subject to\na Euro-voice tariff.
\nAny roaming customer may request to switch to or from\na Euro-voice tariff.
\nA roaming provider may delay a switch until\nthe previous roaming tariff has been effective for a minimum\nspecified period not exceeding two months. A Euro-voice\ntariff may always be combined with a Euro-SMS tariff and a\nEuro-data tariff.
\nWholesale charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy for the provision of a\nregulated roaming SMS message originating on that visited network\nshall not exceed EUR 0.03 per SMS message, shall decrease\nto EUR 0.02 on 1 July 2013 and shall remain at EUR\n0.02 until 30 June 2022.
\nRetail charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the retail charge (excluding VAT) for a Euro-SMS tariff may\nvary for any regulated roaming SMS message but shall\nnot exceed EUR 0.09. That maximum charge shall decrease\nto EUR 0.08 on 1 July 2013 and to EUR 0.06 on 1 July\n2014 and shall remain at EUR 0.06 until\n30 June 2017.
\nRoaming providers: (i) shall not levy any charge\non their roaming customers for the receipt by them of a regulated\nroaming SMS message; (ii) may delay a switch until the previous\nroaming tariff has been effective for a minimum specified period\nnot exceeding two months. A Euro-SMS tariff may always be\ncombined with a Euro-voice tariff and a Euro-data\ntariff.
\nNo roaming provider, domestic provider, home\nnetwork operator or visited\nnetwork operator shall alter the technical\ncharacteristics of regulated roaming SMS messages in such a way as\nto make them differ from the technical characteristics of SMS\nmessages provided within its domestic market.
\nWholesale charges for regulated data roaming\nservices: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy on the roaming customer's home\nprovider for the provision of regulated data roaming services by\nmeans of that visited network shall not exceed a safeguard limit\nof EUR 0.25 per megabyte of data transmitted. The\nsafeguard limit shall decrease to EUR 0.15 per megabyte of\ndata transmitted on 1 July 2013 and to\nEUR 0.05 per megabyte of data transmitted on 1\nJuly 2014 and shall remain at EUR 0.05 per\nmegabyte of data transmitted until 30 June 2022.
\nRetail charges for regulated data roaming\nservices: roaming providers shall\nmake available and actively offer to all their roaming\ncustomers, clearly and transparently, a Euro-data\ntariff.
\nWith effect from 1 July 2012, the retail charge\n(excluding VAT) of a Euro-data tariff which\na roaming provider may levy on its roaming customer for\nthe provision of a regulated data roaming service shall\nnot exceed EUR 0.70 per megabyte used. The\nmaximum retail charge for data used shall decrease\nto EUR 0.45 per megabyte used on 1 July 2013 and\nto EUR 0.20 per megabyte used on 1 July\n2014 and shall remain at EUR 0.20 per\nmegabyte used until 30 June 2017.
\nEvery roaming provider shall charge its roaming\ncustomers for the provision of any regulated roaming data service\nto which a Euro-data tariff applies on a per kilobyte basis, except\nfor Multimedia Messaging Service (MMS) messages which may be\ncharged on a per unit basis. In such a case, the retail charge\nwhich a roaming provider may levy on its roaming customer for the\ntransmission or receipt of a roaming MMS message shall not exceed\nthe maximum retail charge set in the Regulation.
\nTransparency of retail charges for roaming calls and\nSMS messages: the basic personalised\npricing information shall include the maximum charges (in\nthe currency of the home bill provided by the customer’s\ndomestic provider) to which the customer may be\nsubject under his tariff scheme for:
\n\n· \nmaking regulated roaming calls within\nthe visited Member State and back to the Member State of\nhis domestic provider, as well as for regulated\nroaming calls received; and
\n\n· \nsending regulated roaming SMS messages while in\nthe Member State visited.
\nThese provisions shall also apply to voice and SMS\nroaming services used by roaming customers travelling outside\nthe Union and provided by a roaming provider.
\nRoaming providers shall take measures\nto:
\n\n· \nsecure awareness by all their roaming customers\nof the availability of the Euro-voice tariff and the\nEuro-SMS tariff. The information provided shall be sufficiently\ndetailed for customers to judge whether or not it is beneficial for\nthem to switch to a Eurotariff;
\n\n· \nmake available information to their customers on\nhow to avoid inadvertent roaming in border regions. - protect their\ncustomers from paying roaming charges for inadvertently accessed\nroaming services while situated in their home Member\nState.
\nTransparency and safeguard mechanisms for retail data\nroaming services: where\nappropriate, roaming providers shall notify to their\ncustomers, free of charge and in a clear and easily\nunderstandable manner, how to switch off these automatic data\nroaming connections in order to avoid uncontrolled consumption of\ndata roaming services.
\nIn addition, where the customer opts for the facility\nproviding information on accumulated consumption the requirements\nprovided the Regulation shall not apply if the visited network\noperator in the visited country outside the Union does not allow\nthe roaming provider to monitor its customers‘ usage on a\nreal-time basis. In such a case the customer shall be notified by\nan SMS message when entering such a country, without undue delay\nand free of charge, that information on accumulated consumption and\nthe guarantee not to exceed a specified financial limit are not\navailable.
\nReview: the Commission\nshall review the functioning of this Regulation and, after a public\nconsultation, shall report to the European Parliament and the\nCouncil by 30 June 2016. In so doing, the\nCommission shall review, inter alia:
\n\n· \nwhether competition has sufficiently developed\nin order to justify the expiry of maximum retail\ncharges;
\n\n· \nthe developments and expected future\ntrends in wholesale and retail charges for the provision to\nroaming customers of voice, SMS and data communication\nservices, in comparison to the charges for mobile\ncommunications services at domestic level in the Member States,\nboth for pre-paid and post-paid customers separately, and in the\nquality and speed of these services;
\n\n· \nthe difference between roaming and national\ntariffs, including the availability of offers providing a single\ntariff for national and roaming services;
\n\n· \nthe extent to which the implementation\nof the structural measures provided for in the\nRegulation has produced results in developing competition in\nthe internal market for roaming services to the extent that\nthe difference between roaming and national tariffs has\napproached zero;
\n\n· \nthe extent to which the level of wholesale and\nretail maximum charges has provided adequate safeguards against\nexcessive prices for consumers while allowing the development of\ncompetition in the internal market for roaming services.
\nIf the report shows that the\nstructural measures provided for by the\nRegulation have not been sufficient to promote\ncompetition in the internal market\nfor roaming services for the benefit\nof all European consumers or that the differences\nbetween roaming tariffs and national tariffs have not approached\nzero, the Commission shall make appropriate proposals to the\nEuropean Parliament and the Council to address this\nsituation and thus achieve an internal market for mobile\ncommunication services, ultimately with there being no difference\nbetween national and roaming tariffs.
\nThe Committee on Industry, Research and Energy adopted\nthe report by Angelika NIEBLER (EPP, DE) on the proposal for a\nregulation of the European Parliament and of the Council on roaming\non public mobile communications networks within the Union\n(recast).
\nThe committee recommends that the position of the\nEuropean Parliament in first reading following the ordinary\nlegislative procedure should be to amend the Commission\nproposal. The proposed amendments are the result of\nnegotiations between members of the committee and Member\nStates’ representatives. They may be summarised as\nfollows:
\nSubject matter and scope: it is specified that the Regulation lays down rules\nto enable the separate sale\nof regulated roaming services from domestic mobile\ncommunications services and sets out the conditions\nfor wholesale access to public\nmobile communications networks for the purpose of\nproviding regulated roaming services. It applies both to\ncharges levied by network operators at wholesale level\nand to charges levied by roaming providers at retail\nlevel.
\nThe amended text states that the separate sale of\nregulated roaming services from domestic mobile communications\nservices is a necessary intermediate step to\nincrease competition so as to lower roaming tariffs for customers\nin order to achieve an internal market for mobile communication\nservices and ultimately for there to be no differentiation\nbetween national and roaming tariffs.
\nWith regard to maximum wholesale charges fixed in the\nRegulation, the limits in currencies other than the\neuro shall be revised annually as from 2015. The annually\nrevised limits in those currencies shall apply from 1 July using\nthe reference exchange rates published on 1 May of the same\nyear.
\nWhere maximum retail charges are denominated in\ncurrencies other than the euro, the initial limits shall be\ndetermined in those currencies by applying the average of\nthe reference exchange rates published on 1 March, 1\nApril and 1 May 2012 by the European Central Bank in the\nOfficial Journal of the European Union.
\nDefinitions:\n‘roaming provider’ means an undertaking that provides\na roaming customer with regulated retail roaming\nservices. The text introduces a definition of ‘visited\nnetwork’ which means a terrestrial public mobile\ncommunications network situated in a Member State other than\nthat of the roaming customer’s domestic provider that permits\na roaming customer to make or receive calls, to send or receive SMS\nmessages or to use packet switched data communications, by means of\narrangements with the home network operator.
\n‘Roaming customer’ means a customer of a roaming provider of regulated\nroaming services, by means of a terrestrial public mobile\ncommunications network situated in the Union, whose contract or\narrangement with that roaming provider permits Union-wide\nroaming.
\nLastly, the text introduces a definition of\n‘Euro-voice tariff’.
\nWholesale roaming access: mobile network operators may refuse\nrequests for wholesale roaming access only on the basis\nof objective criteria. Mobile network operators shall\nprovide the undertaking requesting access with a draft\ncontract, for such access at the latest one month after\nthe initial receipt of the request by the mobile\nnetwork operator.
\nBy 30 September 2012, and in order\nto contribute to the consistent application of this\nArticle, he Body of European Regulators for Electronic\nCommunications (BEREC) shall, after consulting\nstakeholders and in close cooperation with the Commission, lay\ndown guidelines for wholesale roaming\naccess.
\nSeparate sale of regulated retail roaming\nservices: domestic providers\nshall enable their customers to\naccess regulated voice, SMS and data roaming services,\nprovided as a bundle by any alternative roaming\nprovider.
\nNeither domestic nor roaming providers shall\nprevent customers from accessing regulated data roaming\nservices provided directly on a network visited by an\nalternative roaming provider.
\nThe switch to an alternative roaming\nprovider or between roaming providers shall be free of\ncharge for customers and shall be possible under any tariff\nplan. It shall not entail any associated subscription\nor additional fixed or recurring charges, pertaining\nto elements of the subscription other than roaming, as compared to\nthe conditions prevailing before the switch.
\n\n· \nAt the time of making or renewing a\ncontract on mobile communication\nservices, domestic providers shall provide\nall their customers individually with full information on\nthe possibility to choose an alternative roaming provider\nand shall not hinder the conclusion of a contract with an\nalternative roaming provider.
\n\n· \nCustomers concluding a contract with a\ndomestic provider for regulated roaming services\nshall explicitly confirm that they have been informed of such\npossibility.
\n\n· \nA domestic provider shall not prevent,\ndissuade or discourage retailers serving as the\ndomestic provider’s points of sale from\noffering contracts for separate roaming services with\nalternative roaming providers.
\n\n· \nThe technical characteristics\nof regulated roaming services shall not be\naltered in such a way as to make them differ from the\ntechnical characteristics of the regulated roaming services,\nincluding the quality parameters, as provided to the customer\nbefore the switch.
\nImplementation of separate sale of regulated\nretail roaming services:\ndomestic providers shall implement the separate sale of\nregulated retail roaming services so that customers can\nuse domestic mobile communication services and\nseparate regulated roaming services. Access to those\nfacilities and support services that are necessary for the\nseparate sale of regulated roaming services, including user\nauthentication services, shall be free of charge and shall not\nentail any direct charges to customers.
\nThe technical solution to implement the separate\nsale of regulated retail roaming services shall meet certain\nspecified criteria, including ability to give effect to the\nobligations regarding separate sale of regulated\nretail roaming services in an efficient manner.
\nCommittee procedure: the\nCommission shall be assisted by the Communications Committee\nestablished by Article 22 of the Framework Directive. That\ncommittee shall be a committee within the meaning of Regulation\n(EU) No 182/2011 laying down the rules and general principles\nconcerning mechanisms for control by Member States of the\nCommission’s exercise of implementing powers.
\nWholesale charges for the making of regulated roaming\ncalls: the average wholesale charge\nthat the visited network operator may levy on the\ncustomer's roaming provider for the provision of a\nregulated roaming call originating on that visited network,\ninclusive inter alia of origination, transit and termination costs,\nshall not exceed EUR 0.14 per minute as of 1 July\n2012.
\nThe average wholesale charge referred to above shall\napply between any pair of operators and shall be calculated over a\n12-month period or any such shorter period as may remain before the\nend of the period of application of a maximum average wholesale\ncharge or before 30 June 2022. The maximum average wholesale\ncharge shall decrease to EUR 0.10 on 1 July 2013 and\nto EUR 0.05 on 1 July 2014 and shall remain\nat EUR 0.05 until 30 June 2022.
\nRetail charges for regulated roaming\ncalls: roaming providers shall\nmake available and actively offer to all their roaming customers,\nclearly and transparently, a Euro-voice tariff.\nThat tariff shall not entail any associated subscription\nor other fixed or recurring charges and may be combined with any\nretail tariff.
\nThe retail charge (excluding VAT) for\na Euro-voice tariff may vary for any roaming call\nbut shall not exceed EUR 0.29 per minute for any\ncall made or EUR 0.08 per minute for any call\nreceived.
\nThe maximum retail charge for calls made shall\ndecrease to EUR 0.24 on 1 July 2013 and\nto EUR 0.19 on 1 July 2014 and the maximum\nretail charge for calls received shall decrease\nto EUR 0.07 on 1 July 2013 and to EUR 0.05\non 1 July 2014. These maximum retail charges for\nthe Euro-voice tariff shall remain valid until 30\nJune 2017.
\nRoaming providers:
\n\n· \nshall not levy any charge on their roaming\ncustomers for the receipt by them of a roaming voicemail\nmessage;
\n\n· \nshall charge its roaming customers for the\nprovision of any regulated roaming call to which a Euro-voice\ntariff applies, whether made or received, on a per second\nbasis;
\n\n· \nmay apply an initial minimum charging period not\nexceeding 30 seconds to calls made which are subject to\na Euro-voice tariff.
\nFurthermore, roaming providers:
\n\n· \nshall apply a Euro-voice tariff to all\nexisting roaming customers automatically with the exception of such\nroaming customers who have already made a deliberate choice of a\nspecific roaming tariff or package by virtue of which they benefit\nfrom a different tariff for regulated roaming calls than they would\nhave been accorded in the absence of such a choice;
\n\n· \nshall apply a Euro-voice tariff to all\nnew roaming customers who do not make a deliberate choice to select\na different roaming tariff or a tariff package for roaming services\nwhich includes a different tariff for regulated roaming\ncalls.
\nAny roaming customer may request to switch to or from\na Euro-voice tariff.
\nA roaming provider may delay a switch until\nthe previous roaming tariff has been effective for a minimum\nspecified period not exceeding two months. A Euro-voice\ntariff may always be combined with a Euro-SMS tariff and a\nEuro-data tariff.
\nWholesale charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy for the provision of a\nregulated roaming SMS message originating on that visited network\nshall not exceed EUR 0.03 per SMS message, shall decrease\nto EUR 0.02 on 1 July 2013 and shall remain at EUR\n0.02 until 30 June 2022.
\nRetail charges for regulated roaming SMS\nmessages: with effect from 1 July\n2012, the retail charge (excluding VAT) for a Euro-SMS tariff which\na roaming provider may levy on its roaming customer for a\nregulated roaming SMS message sent by that roaming customer may\nvary for any regulated roaming SMS message but shall\nnot exceed EUR 0.09. That maximum charge shall decrease\nto EUR 0.08 on 1 July 2013 and to EUR 0.06 on 1 July\n2014 and shall remain at EUR 0.06 until\n30 June 2017.
\nRoaming providers: (i) shall not levy any charge\non their roaming customers for the receipt by them of a regulated\nroaming SMS message; (ii) may delay a switch until the previous\nroaming tariff has been effective for a minimum specified period\nnot exceeding two months. A Euro-SMS tariff may always be\ncombined with a Euro-voice tariff and a Euro-data\ntariff.
\nNo roaming provider, domestic provider, home\nnetwork operator or visited\nnetwork operator shall alter the technical\ncharacteristics of regulated roaming SMS messages in such a way as\nto make them differ from the technical characteristics of SMS\nmessages provided within its domestic market.
\nWholesale charges for regulated data roaming\nservices: with effect from 1 July\n2012, the average wholesale charge that the visited\nnetwork operator may levy on the roaming customer's home\nprovider for the provision of regulated data roaming services by\nmeans of that visited network shall not exceed a safeguard limit\nof EUR 0.25 per megabyte of data transmitted. The\nsafeguard limit shall decrease to EUR 0.15 per megabyte of\ndata transmitted on 1 July 2013 and to\nEUR 0.05 per megabyte of data transmitted on 1\nJuly 2014 and shall remain at EUR 0.05 per\nmegabyte of data transmitted until 30 June 2022.
\nRetail charges for regulated data roaming\nservices: roaming providers shall\nmake available and actively offer to all their roaming\ncustomers, clearly and transparently, a Euro-data\ntariff.
\nWith effect from 1 July 2012, the retail charge\n(excluding VAT) of a Euro-data tariff which\na roaming provider may levy on its roaming customer for\nthe provision of a regulated data roaming service shall\nnot exceed EUR 0.70 per megabyte used. The\nmaximum retail charge for data used shall decrease\nto EUR 0.45 per megabyte used on 1 July 2013 and\nto EUR 0.20 per megabyte used on 1 July\n2014 and shall remain at EUR 0.20 per\nmegabyte used until 30 June 2017.
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Every roaming provider shall charge its roaming\ncustomers for the provision of any regulated roaming data service\nto which a Euro-data tariff applies on a per kilobyte basis,\nexcept for Multimedia Messaging Service (MMS) messages which\nmay be charged on a per unit basis. In such a case, the retail\ncharge which a roaming provider may levy on its roaming customer\nfor the transmission or receipt of a roaming MMS message shall not\nexceed the maximum retail charge set in the Regulation.
\nTransparency of retail charges for roaming calls and\nSMS messages: to alert roaming\ncustomers to the fact that they will be subject to roaming charges\nwhen making or receiving a call or when sending an SMS message,\neach roaming provider shall provide the customer,\nautomatically by means of a Message Service, without undue delay\nand free of charge, when he enters a Member State other than that\nof his domestic provider, with basic personalised pricing\ninformation on the roaming charges (including VAT) that apply to\nthe making and receiving of calls and to the sending of SMS\nmessages by that customer in the Member State visited.
\nThat basic personalised pricing information shall\ninclude the maximum charges (in the currency of the home\nbill provided by the customer’s domestic provider) to\nwhich the customer may be subject under his tariff scheme\nfor:
\n\n· \nmaking regulated roaming calls within\nthe visited Member State and back to the Member State of\nhis domestic provider, as well as for regulated\nroaming calls received; and
\n\n· \nsending regulated roaming SMS messages while in\nthe Member State visited.
\nThese provisions shall also apply to voice and SMS\nroaming services used by roaming customers travelling outside\nthe Union and provided by a roaming provider.
\nTransparency and safeguard mechanisms for retail data\nroaming services: where\nappropriate, roaming providers shall inform their\ncustomers, before the conclusion of a contract and on a regular\nbasis thereafter, of the risk of automatic and uncontrolled data\nroaming connection and download. Furthermore,\nroaming providers shall notify to their\ncustomers, free of charge and in a clear and easily\nunderstandable manner, how to switch off these automatic data\nroaming connections in order to avoid uncontrolled consumption of\ndata roaming services.
\nReview: the Commission\nshall review the functioning of this Regulation and, after a public\nconsultation, shall report to the European Parliament and the\nCouncil by 30 June 2016. In so doing, the\nCommission shall review, inter alia:
\n\n· \nthe developments and expected future\ntrends in wholesale and retail charges for the provision to\nroaming customers of voice, SMS and data communication\nservices, in comparison to the charges for mobile\ncommunications services at domestic level in the Member States,\nboth for pre-paid and post-paid customers separately, and in the\nquality and speed of these services;
\n\n· \nthe difference between roaming and national\ntariffs, including the availability of offers providing a single\ntariff for national and roaming services;
\n\n· \nthe extent to which the implementation\nof the structural measures provided for in the\nRegulation has produced results in developing competition in\nthe internal market for roaming services to the extent that\nthe difference between roaming and national tariffs has\napproached zero;
\n\n· \nthe extent to which the level of wholesale and\nretail maximum charges has provided adequate safeguards against\nexcessive prices for consumers while allowing the development of\ncompetition in the internal market for roaming services.
\nIf the report shows that the\nstructural measures provided for by the\nRegulation have not been sufficient to promote\ncompetition in the internal market\nfor roaming services for the benefit\nof all European consumers or that the differences\nbetween roaming tariffs and national tariffs have not approached\nzero, the Commission shall make appropriate proposals to the\nEuropean Parliament and the Council to address this\nsituation and thus achieve an internal market for mobile\ncommunication services, ultimately with there being no difference\nbetween national and roaming tariffs.
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