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AM\648366EN.doc PE 384.236v01-00

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EUROPEAN PARLIAMENT2004 «

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Committee on Culture and Education

6.3.2007 PE 384.236v01-00

AMENDMENTS 10-64

Draft opinion (PE 382.590v01-00)Manolis MavrommatisProposal for a regulation of the European Parliament and of the Council on roaming on public mobile networks within the Community and amending Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services

Proposal for a regulation (COM(2006)0382 – C6-0244/2006 – 2006/0133(COD))

Text proposed by the Commission Amendments by Parliament

Amendment by Manolis Mavrommatis

Amendment 10RECITAL 1

(1) The high level of the prices payable by users of public mobile telephone networks when using their mobile telephones when travelling abroad within the Community is a matter of concern for national regulatory authorities. The European Regulators Group5 noted at its plenary meeting in May 2005 (inter alia) that retail charges were very high without clear justification; that this appeared to result both from high wholesale charges levied by the foreign host network operator and also, in many cases, from high retail mark-ups charged by the customer’s own network operator; that reductions in wholesale charges were often not passed through to the retail customer; and that there

(1) The high level of the prices payable by users of public mobile telephone networks, for example students, business travellers and tourists, when using their mobile telephones when travelling abroad within the Community is a matter of concern for national regulatory authorities. The European Regulators Group5 noted at its plenary meeting in May 2005 (inter alia) that retail charges were very high without clear justification; that this appeared to result both from high wholesale charges levied by the foreign host network operator and also, in many cases, from high retail mark-ups charged by the customer’s own network operator; that reductions in wholesale

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were strong linkages between the markets in the different Member States.

charges were often not passed through to the retail customer; and that there were strong linkages between the markets in the different Member States.

Or. en



(12) Regulatory obligations should be imposed at both retail and wholesale level to protect the interests of roaming customers, since experience has shown that reductions in wholesale prices for international roaming services may not be reflected in lower retail prices for roaming, due to the absence of incentives to do so. On the other hand, action to reduce the level of retail prices without addressing the level of the wholesale costs associated with the provision of these services could risk disrupting the orderly functioning of the international roaming market.

(12) Regulatory obligations should be imposed at both retail and wholesale level to protect the interests of roaming customers, since experience has shown that reductions in wholesale prices for international roaming services may not be reflected in lower retail prices for roaming, due to the absence of incentives to do so. On the other hand, action to reduce the level of retail prices without addressing the level of the wholesale costs associated with the provision of these services could risk disrupting the orderly functioning of the international roaming market.Particular attention should be paid to the fact that some operators undoubtedly face higher wholesale costs than average due to circumstances outside their influence. For example, operators in areas with low population density, a hostile topography, or large inflows of tourists within short time periods making calls typically at peak hours tend to have higher network costs than operators in countries that do not operate under similar circumstances. Consequently, prices for roaming which are too low may reduce operators’ investments in some of these areas and therefore downgrade the quality of roaming services.

Or. en

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Justification

It is a fact that some mobile operators may have more costs than others in the installation, the maintenance and the upgrade of the mobile networks.

Amendment by Helga Trüpel


(13) The resulting obligations should take effect as soon as possible, while providing the operators concerned with a reasonable period to adapt their prices and service offerings to ensure compliance, and apply directly in all Member States.

(13) The resulting obligations should take effect as soon as possible and apply directly in all Member States.

Or. en

Amendment by Lissy Gröner


(13) The resulting obligations should take effect as soon as possible, while providing the operators concerned with a reasonable period to adapt their prices and service offerings to ensure compliance, and apply directly in all Member States.

(13) The resulting obligations should take effect as soon as possible, and apply directly in all Member States.

Or. de

Justification

Operators have already been given plenty of time, before the regulation was published, to reduce roaming prices. It is not necessary to include a delay.

Amendment by Maria Badia i Cutchet

Amendment 14RECITAL 18 A (new)

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(18a) Any change in prices should allow for the risk of market distortion and for potential damage to the main body of users. The impact which seasonal tourists have on the costs incurred by receiving and transmitting operators consequently has to be evened out. Similarly, bearing in mind that 66% of mobile telephone users in the Union do not use international roaming services, it is necessary to ensure that these users will not be harmed by that measure.

Or. es



(21) Providers of international roaming services for calls made while roaming abroad as covered by this Regulation should have a period within which to adjust their retail prices voluntarily to comply with the maximum limits provided in this Regulation. It is appropriate to allow a period of six months for this purpose, to permit market players to make the necessary adaptations.

deleted

Or. en



(21) Providers of international roaming services for calls made while roaming abroad as covered by this Regulation should have a period within which to adjust their retail prices voluntarily to comply with the maximum limits provided in this Regulation. It is appropriate to allow a period of six months for this purpose, to

deleted

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permit market players to make the necessary adaptations.

Or. de

Justification

Operators have already been given plenty of time, before the regulation was published, to reduce roaming prices. It is not necessary to include a delay.



(26) In order to improve the transparency of retail prices for making and receiving roaming calls within the Community and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information on the roaming charges applicable to them in the visited Member State concerned, on request and free of charge. Transparency also requires that providers furnish information on roaming charges when subscriptions are taken out and that they also give their customers periodic updates on roaming charges as well as in the event of substantial changes.

(26) In order to improve the transparency of retail prices for making and receiving roaming calls within the Community and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to receive information on the roaming charges applicable to them, free of charge. This information should include the charges for the making and receipt of calls and the sending and receiving of dataon each available visited network in the Member State concerned, and shouldhighlight differences in peak and off-peak rates or any other temporal variations if any. It should also include information as to the minimum period of its validity, which should not be less than 4 weeks. Within one hour of entering another Member State the roaming customer should be entitled to receive an automatic SMS from his or her home provider, which should include personalized pricing information on the retail charges that apply to the making and receipt of calls and to the sending and receiving of data by that customer in the visited Member State, as well as all the elements detailed above.Transparency also requires that providers furnish information on roaming charges

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when subscriptions are taken out and that they also give their customers periodic updates on roaming charges as well as in the event of substantial changes.

Or. en



(26)In order to improve the transparency of retail prices for making and receiving roaming calls within the Community and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information on the roaming charges applicable to them in the visited Member State concerned, on request and free of charge. Transparency also requires that providers furnish information on roaming charges when subscriptions are taken out and that they also give their customers periodic updates on roaming charges as well as in the event of substantial changes.

(26) In order to improve the transparency of retail prices for making and receiving roaming calls within the Community and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information on the roaming charges applicable to them in the visited Member State concerned, free of charge. Transparency also requires that providers furnish information on roaming charges when subscriptions are taken out and that they also give their customers periodic updates on roaming charges as well as in the event of substantial changes.

Or. de

Justification

Customers should receive the necessary information on roaming charges in the form of a text message, similar to the existing greetings from the new network, without having to ask.



(27) The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for

(27) The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for

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electronic communications should have the powers needed to supervise and enforce the obligations in this Regulation within their territory. They should also monitor developments in the pricing of voice and data services for mobile customers when roaming within the Community, in particular as regards the specific costs related to roaming calls made in the outermost regions of the Community and the necessity to ensure that these costs can be adequately recovered on the wholesale market. They should ensure that up-to-date information on the application of this Regulation is made available to mobile users.

electronic communications should have the powers needed to supervise and enforce the obligations in this Regulation within their territory. They should also monitor developments in the pricing of voice and data services and of SMS for mobile customers when roaming within the Community, in particular as regards the specific costs related to roaming calls made in the outermost regions of the Community, taking into account the geographical position of the small Member States lying on the Community borders and of those Member States which traditionally are the destinations for massive influxes of seasonal toursists at given times of the year. They should ensure that up-to-date information on the application of this Regulation is made available to mobile users.

Or. es



(27) The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for electronic communications should have the powers needed to supervise and enforce the obligations in this Regulation within their territory. They should also monitor developments in the pricing of voice and data services for mobile customers when roaming within the Community, in particular as regards the specific costs related to roaming calls made in the outermost regions of the Community and the necessity to ensure that these costs can be adequately recovered on the wholesale market. They should ensure that up-to-date information on the application of this Regulation is made available to mobile users.

(27) The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for electronic communications should have the powers needed to supervise and enforce the obligations in this Regulation within their territory. They should also monitor developments in the pricing of voice and data services and of data transmission (such as SMS and MMS) for mobile customers when roaming within the Community, in particular as regards the specific costs related to roaming calls made in the outermost regions of the Community and the necessity to ensure that these costs can be adequately recovered on the wholesale market. They should ensure that up-to-date information on the application of

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this Regulation is made available to mobile users.

Or. de



(27) The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for electronic communications should have the powers needed to supervise and enforce the obligations in this Regulation within their territory. They should also monitor developments in the pricing of voice and data services for mobile customers when roaming within the Community, in particular as regards the specific costs related to roaming calls made in the outermost regions of the Community and the necessity to ensure that these costs can be adequately recovered on the wholesale market. They should ensure that up-to-date information on the application of this Regulation is made available to mobile users.

(27) The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for electronic communications should have the powers needed to supervise and enforce the obligations in this Regulation within their territory. They should also monitor developments in the pricing of voice and data services for mobile customers when roaming within the Community, in particular as regards the specific costs related to roaming calls made in the outermost regions of the Community and the necessity to ensure that these costs can be adequately recovered on the wholesale market. They should communicate the results of such monitoring to the Commission every six months from the date of the entry into force of this Regulation. Information should be provided on corporate, post-paid and pre-paid customers separately. A non-confidential summary of this information should be made publicly available simultaneously by the national regulatory authorities. The Commission should publish a report on developments within the Community every 12 months following the entry into force of this Regulation. The national regulatory authorities should ensure that up-to-date information on the application of this Regulation is made available to mobile users.

Or. en

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Amendment by Nikolaos Sifunakis, Maria Matsouka


(27) The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for electronic communications should have the powers needed to supervise and enforce the obligations in this Regulation within their territory. They should also monitor developments in the pricing of voice and data services for mobile customers when roaming within the Community, in particular as regards the specific costs related to roaming calls made in the outermost regions of the Community and the necessity to ensure that these costs can be adequately recovered on the wholesale market.

(27) The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for electronic communications should have the powers needed to supervise and enforce the obligations in this Regulation within their territory. They should also monitor developments in the pricing of voice and data services for mobile customers when roaming within the Community, in particular as regards the specific costs related to roaming calls made in the outermost regions of the Community and the necessity to ensure that these costs can be adequately recovered on the wholesale market. They should monitor the development of retail prices for voice and data communicationsservices and ensure that reductions in roaming charges under this regulation are not offset by mobile phone call charges within the same country. They should ensure that up-to-date information on the application of this Regulation is made available to mobile users.

Or. el


Amendment 23RECITAL 30 A (new)

(30a) Given that the European Union is an area where citizens communicate among themselves, new technologies could have an important role to play. That being the case, communication and information services should all be universally affordable, and it should be ensured that the traditional telephony services still used by much of the population do not increase in cost, as the

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end effect might otherwise be to open up a social divide, and that the changes entailed will not impede the progress of, and investment in, network modernisation.

Or. es



(31) This Regulation should be reviewed no later than two years after its entry into force, to ensure that it remains necessary and appropriate to the conditions prevailing in the electronic communications market at the time.

(31) This Regulation should be reviewed no later than two years after its entry into force, to ensure that it remains necessary and appropriate to the conditions prevailing in the electronic communications market at the time. Any proposal to repeal this Regulation would have to provide clear evidence that market developments giving rise that repeal would endure and not be reversible after the repeal.

Or. en


Amendment 25ARTICLE 1 PARAGRAPH 1

1. This Regulation introduces a common mechanism, called the European Home Market Approach, for ensuring that users of public mobile telephone networks when travelling within the Community do not pay excessive prices for international roaming services when making calls and receiving calls, thereby achieving a high level of consumer protection while safeguarding competition between mobile operators. It lays down rules on the charges that may be levied by mobile operators for the provision of international roaming services for voice calls originating and terminating within the Community and applies both to charges

1. This Regulation introduces a common mechanism, called the European Home Market Approach, for ensuring that users of public mobile telephone networks when travelling within the Community do not pay excessive prices for international roaming services when making calls and receiving calls or when sending and receiving data (SMS, MMS, etc), thereby achieving a high level of consumer protection while safeguarding competition between mobile operators. It lays down rules on the charges that may be levied by mobile operators for the provision of international roaming services for voice calls originating and

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levied between network operators at wholesale level and to charges levied by the home provider at retail level.

terminating within the Community and applies both to charges levied between network operators at wholesale level and to charges levied by the home provider at retail level..

Or. de

Justification

Young people in particular send and receive data, especially text messages, as a means of communication. The regulation must include international roaming for electronic data transmission such as SMS and MMS.


Amendment 26ARTICLE 1, PARAGRAPH 1 A (new)

1a. This Regulation lays down rules designed to increase price transparency and to improve the provision of tariff information to consumers in international roaming services, including voice and data communication services.

Or. en

Amendment by Zdzisław Zbigniew Podkański

***Amendment 27ARTICLE 2, PARAGRAPH 2, POINT (D)

(d) “regulated roaming call” means a mobilevoice telephony call made by a roaming customer, originating on a visited network and terminating on a public telephone network within the Community;

(d) “regulated roaming call” means a voice or data-transfer call made on a mobile telephone by a roaming customer, originating on a visited network and terminating on a public telephone network within the Community;

Or. pl

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Amendment by Luis Herrero-Tejedor

Amendment 28ARTICLE 2, PARAGRAPH 2, POINT (F A (new)

(fa) “standard retail roaming charge” means a charge not exceeding EUR [0.65] per minute for making calls and EUR [0.35] for receiving calls, irrespective of the day of the week, the time of day, and the destination and origin within the EU, and not subject to any opt-in fees or other flat-rate charges. The above figures do not include VAT.

Or. es

Justification

There should be only one protective measure laid down at the retail level, since this will be easy to implement and allow a degree of competition on the market. The standard retail roaming charge will enable customers to benefit from simple rates not exceeding EUR 0.65 for originating calls and EUR 0.35 for terminating them. These ‘caps’ should not vary once the regulation, and hence the changes to the regulated mobile termination rates (MTRs), have been adopted.


Amendment 29ARTICLE 3

The total wholesale charge that the operator of a visited network may levy from theoperator of the roaming customer’s home network for the provision of a regulated roaming call, including inter alia origination, transit and termination, shall not exceed the applicable amount per minute determined in accordance with Annex I.

The average wholesale charge that the operator of a visited network may levy from each operator of the home network for a regulated roaming call, including inter alia origination, transit and termination, shall not exceed EUR [0.36] per minute.

Or. es

Justification

The wholesale ‘price cap’ should be at least three times the MTR, but not linked to any changes in MTRs resulting from future regulation. The level needs to be at least three times higher in order to allow for cost variations from one operator or country to another (due to

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geography, seasonal traffic, and coverage) and to enable operators to go on competing in terms of price, quality of service, and coverage when negotiating wholesale roaming charges.



Retail charges for the making of regulated roaming calls

Consumer protection rate

Subject to Article 5, the total retail charge, excluding VAT, which a home provider may levy from its roaming customer for the provision of a regulated roaming call may not exceed 130% of the applicable maximum wholesale charge for that call determined in accordance with Annex I. The charge limits in this Article shall include any fixed elements associated with the provision of regulated roaming calls, such as call set up charges or opt-in fees.

1. Every home provider shall offer the standard retail roaming rate to all newcustomers, regardless of the domestic rate that they select. Wherever a customer fails to state a preference, the home provider shall automatically apply the standard retail roaming charge.

2. Every home provider shall allow all existing customers, if they so wish, to change to the standard retail roaming charge, without altering any aspect of their current domestic rates.

3. Paragraphs 1 and 2 shall be without prejudice to a home provider’s right to offer other retail roaming rates.

Or. es

Justification

All new customers should automatically be subject to the standard retail roaming charge unless they have opted for a more flexible alternative rate. Customers paying the going rates should be allowed to switch to the standard charge if that is what they prefer. This will give them the option of a single rate, thus making for greater certainty regarding the amount to be paid. They should, however, remain free to choose different roaming packages if they so prefer.

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Timing of application of maximum retail charge limits for regulated roaming calls

Timing of application

The obligations in Article 4 shall take effectsix months after the entry into force of this Regulation.

The obligations set out in Articles 3 and 4shall be applicable six months after the entry into force of this Regulation.

Or. es

Justification

To enable them to comply with the regulation of wholesale and retail charges, operators need to be given sufficient time to change their computer systems, train staff, and renegotiate their interconnection agreements with other operators.

Amendment by Nikolaos Sifunakis


The obligations in Article 4 shall take effect six months after the entry into force of this Regulation.

The obligations in Article 4 shall take effect on entry into force of this Regulation, subject to the provisions of Article 10(5).

Or. el




The obligations in Article 4 shall take effect at the time of the entry into force of this Regulation.

Or. en

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The obligations in Article 4 shall take effect after the entry into force of this Regulation.

Or. de



Article 6Retail charges for the receipt of calls while roaming in the Community

deleted

The total retail charge, excluding VAT, which a home provider may levy from its roaming customer in respect of the receipt by that customer of voice telephony calls while roaming on a visited network shall not exceed, on a per minute basis, 130% of the average mobile termination rate published pursuant to Article 10(3). The charge limits in this Article shall include any fixed elements associated with the provision of regulated roaming calls, such as one-off charges or opt-in fees.

Or. es

Justification

There should be only one protective measure laid down at the retail level, since this will be easy to implement and allow a degree of competition on the market. The standard retail roaming charge will enable customers to benefit from simple rates not exceeding EUR 0.65 for originating calls and EUR 0.35 for terminating them.

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Amendment 36ARTICLE 7, PARAGRAPH 1

1. Each home provider shall provide to its roaming customer on request personalised pricing information on the retail charges that apply to the making and receipt of calls by that customer in the visited Member State.

1. Each home provider shall provide to its roaming customer automatically when that customer enters another Member State by means of a Short Message Service (SMS)and without undue delay pricing information on the roaming charges that apply to the making and receipt of calls by that customer in the visited Member State.Additionally , the customer may choose to make a request by sending an SMS or making a voice call in order to receive the information on the applicable roaming charges. The content of the SMS shall be well defined, contain clear information about the roaming charges and shall not contain information that is not useful while travelling.

Or. en

Justification

It would be more efficient if the information would always be automatically sent to customers, whether they request it or not.



1. Each home provider shall provide to its roaming customer on request personalized pricing information on the retail charges that apply to the making and receipt of calls by that customer in the visited Member State.

1. Each home provider shall provide to its roaming customer personalized pricing information on the retail charges that apply to the making and receipt of calls and to the sending and receiving of data by that customer in the visited Member State.

Or. en

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1. Each home provider shall provide to its roaming customer on request personalised pricing information on the retail charges that apply to the making and receipt of calls by that customer in the visited Member State.

1. Each home provider shall provide to its roaming customer personalised pricing information on the retail charges that apply to the making and receipt of calls and to the sending and receiving of data by that customer in the visited Member State.

Or. en



2. The customer may choose to make such a request by means of a mobile voice call or by sending an SMS (Short Message Service), in either case to a number designated for this purpose by the home provider, and may choose to receive the information either during the course of that call or by SMS (in the latter case without undue delay).

deleted

Or. en

Justification

It would be more efficient to put this context in the first paragraph.



2. The customer may choose to make such a request by means of a mobile voice call or by sending an SMS (Short Message Service), in either case to a number designated for this purpose by the home

deleted

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provider, and may choose to receive the information either during the course of that call or by SMS (in the latter case without undue delay).

Or. es

Justification

There is no need to say what specific method should be used to inform customers.



2. The customer may choose to make such a request by means of a mobile voice call or by sending an SMS (Short Message Service), in either case to a number designated for this purpose by the home provider, and may choose to receive the information either during the course of that call or by SMS (in the latter case without undue delay).

2. The customer may receive this information by means of a mobile voice call or by sending an SMS (Short Message Service), in either case to a number designated for this purpose by the home provider, and may choose to receive the information either during the course of that call or by SMS, in all cases without undue delay.

Or. en



2a. Within one hour of entering another Member State the roaming customer shall be entitled to receive an automatic SMS from its home provider including personalised pricing information on retail charges that apply to the making and receipt of calls and to the sending and receiving of data by that customer on each available network in the visited Member State.

Or. en

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2a. Within one hour of entering another Member State the roaming customer shall be entitled to receive an automatic SMS from its home provider including personalized pricing information on the retail charges that apply to the making and receipt of calls and to the sending and receiving of data by that customer on each available network in the visited Member State.

Or. en



3. The information service referred to above shall be provided free of charge, both as regards the making of the request and the receipt of the information requested.

3. Home providers shall offer, as a minimum, a free information service to cover the information mentioned above for the purpose both of making enquiries and of receiving information requested.

Or. es

Justification

Operators should be required merely to provide a free information service while remaining free to choose such other methods as they might wish to employ.



3. The personalised pricing information referred to in this Article shall be the charges

3. The personalised pricing information referred to in this Article shall be the charges

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applicable under the tariff scheme of the roaming customer concerned to the making and receipt of calls on any visited network in the Member State in which the customer is roaming.

applicable under the tariff scheme of the roaming customer concerned to the making and receipt of calls and to the sending and receiving of data on each available visited network in the Member State in which the customer is roaming. The information shall highlight differences in peak and off-peak rates and any other temporal variations. It shall also include information as to theminimum period of its validity, which shall not be less than 4 weeks.

Or. en


Amendment 46ARTICLE 7(4)

4. The personalised pricing information referred to in this Article shall be the charges applicable under the tariff scheme of the roaming customer concerned to the making and receipt of calls on any visited network in the Member State in which the customer is roaming.

4. The personalised pricing information referred to in this Article shall be the charges applicable under the tariff scheme of the roaming customer concerned to the making and receipt of calls and the use of data communications services including the short message service (SMS) and multi media message service (MMS), on any visited network in the Member State in which the customer is roaming. The information provided shall also include details of any differences in rates depending on the time or the day on which calls are made.

Or. el



4. The personalised pricing information referred to in this Article shall be the charges applicable under the tariff scheme of the roaming customer concerned to the making

4. The personalised pricing information referred to in this Article shall be the charges applicable under the tariff scheme of the roaming customer concerned to the making

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and receipt of calls on any visited network in the Member State in which the customer is roaming.

and receipt of calls and to the sending and receiving of data on each visited network in the Member State in which the customer is roaming.

Or. en


Amendment 48ARTICLE 7(5a) (new)

5(a) Information concerning roaming charges shall also be available at all times on the service provider’s website.

Or. el



6. National regulatory authorities shall monitor developments in wholesale and retail prices for the provision to roaming customers of voice and data communications services, including the Short Message Service (SMS) and the Multimedia Messaging Service (MMS), in particular in the outermost regions of the Community, and shall communicate the results of such monitoring to the Commission on request.

6. National regulatory authorities shall monitor developments in wholesale and retail prices for the provision to roaming customers of voice and data communications services, including the Short Message Service (SMS) and the Multimedia Messaging Service (MMS), in particular in the outermost regions of the Community, and shall communicate the results of such monitoring to the Commission every six months from the date of the entry into force of this Regulation. Information shall be provided on corporate, post-paid and pre-paid customers separately. A non-confidential summary of this information shall be made publicly available simultaneously by the national regulatory authorities. The Commission shall publish a report on developments within the Community every 12 months following the entry into force of this Regulation.

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Or. en



6. National regulatory authorities shall monitor developments in wholesale and retail prices for the provision to roaming customers of voice and data communications services, including the Short Message Service (SMS) and the Multimedia Messaging Service (MMS), in particular in the outermost regions of the Community, and shall communicate the results of such monitoring to the Commission on request.

6. National regulatory authorities shall monitor developments in wholesale and retail prices for the provision to roaming customers of voice and data communications services, including the Short Message Service (SMS) and the Multimedia Messaging Service (MMS), in particular in the outermost regions of the Community, and shall communicate the results of such monitoring to the Commission every six months from the data of the entry into force of this Regulation. Information shall be provided on corporate, post-paid and pre-paid customers separately. A non-confidential summary of this information shall be made publicly available simultaneously by the national regulatory authorities. The Commission shall publish a report on developments within the Community every 12 month following the entry into force of this Regulation.

Or. en



6. National regulatory authorities shall monitor developments in wholesale and retail prices for the provision to roaming customers of voice and data communications services, including the Short Message Service (SMS) and the Multimedia Messaging Service (MMS), in particular in the outermost regions of the Community, and shall communicate the results of such

6. National regulatory authorities shall monitor developments in wholesale and retail prices for the provision to roaming customers of voice and data communications services, including the Short Message Service (SMS) and the Multimedia Messaging Service (MMS), in particular in the outermost regions of the Community, and shall communicate the results of such

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monitoring to the Commission on request. monitoring to the Commission every six months from the entry into force of this regulation. On the basis of the information provided by the national regulatory authorities, the Commission, shall within 12 months from the entry into force of the regulation, draw up a report for the European Parliament and the Council giving an analytical breakdown of roaming charges within the Community. If it appears that they have not been substantially reduced, the Commission,shall in accordance with the procedure referred to in Article 13(2), readjust the charge ceiling set out in Annex I.

Or. el


Amendment 52ARTICLE 7(5a) (new)

5(a) Information concerning roaming charges shall also be available at all times on the service provider’s website.

Or. el



The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission not later than six months following the entry into force of this Regulation and shall notify it without delay of any subsequent

The national regulatory authorities shall monitor, supervise and ensure compliance with this Regulation within their territory. The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission

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amendment affecting them. not later than six months following the entry into force of this Regulation and shall notify it without delay of any subsequent amendment affecting them.

Or. en

Justification

National regulatory authorities are the most competent authorities to follow the application of this Regulation.



Article 10Average mobile termination rate

deleted

1. The average mobile termination rate shall be determined in accordance with the criteria and methodology set out in Annex II, on the basis of information communicated by the national regulatory authorities in accordance with paragraphs 2 and 4.2. Each national regulatory authority shall communicate to the Commission on request, and within the time limit specified by the Commission in that request, the information specified in Annex II.3. The Commission shall publish in the Official Journal of the European Union, on a regular basis, the average mobile termination rate determined in accordance with paragraphs 1, 2 and 4.4. For the first publication of the average mobile termination rate following entry into force of this Regulation, the Commission may rely on the latest information consistent with Annex II which has been collected pursuant to Article 5(2) of Directive 2002/21/EC in fulfilment of its task of monitoring the

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implementation of the 2002 regulatory framework for electronic communications.5. Undertakings subject to the requirements of this Regulation shall ensure that any changes to their charges which are required to ensure compliance with Articles 3, 4 and 6 take effect within two months from each publication pursuant to the preceding paragraphs of this Article.6. Amendments necessary to adapt Annex II to technical or market developments shall be adopted by the Commission, acting in accordance with the procedure referred to in Article 13(3).

Or. es

Justification




3. The Commission shall publish in the Official Journal of the European Union, on a regular basis, the average mobile termination rate determined in accordance with paragraphs 1, 2 and 4.

3. The Commission shall publish in the Official Journal of the European Union and in the ‘Your Europe’ internet portal on a regular basis, the average mobile termination rate determined in accordance with paragraphs 1, 2 and 4.

Or. el

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Linguistic – affects Greek version only

Or. el



The Commission shall review the functioning of this Regulation and report to the European Parliament and the Council no later than two years after the date of its entry into force. In its report the Commission shall include its reasoning regarding the continued need for regulation or the possibility of its repeal, in the light of developments in the market and with regard to competition. For this purpose, the Commission may request information from the Member States and the national regulatory authorities, which shall be supplied without undue delay.

The Commission shall review the functioning of this Regulation and report to the European Parliament and the Council no later than two years after the date of its entry into force. In its report the Commission shall include its reasoning regarding the continued need for regulation or the possibility of its repeal, in the light of developments in the market and with regard to competition. For this purpose, the Commission may request information from the Member States and the national regulatory authorities, which shall be supplied without undue delay. Any proposal to repeal this Regulation would have to provide clear evidence that market developments giving rise to that repeal would endure and not be reversible after the repeal.

Or. en



The Commission shall review the functioning of this Regulation and report to the European Parliament and the Council no later than two years after the date of its entry into force. In its report the Commission shall

The Commission shall review the functioning of this Regulation and report to the European Parliament and the Council no later than two years after the date of its entry into force. In its report the Commission shall

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include its reasoning regarding the continued need for regulation or the possibility of its repeal, in the light of developments in the market and with regard to competition. For this purpose, the Commission may request information from the Member States and the national regulatory authorities, which shall be supplied without undue delay.

include its reasoning regarding the continued need for regulation or the possibility of its repeal, in the light of developments in the market and with regard to competition. For this purpose, the Commission may request information from the Member States and the national regulatory authorities, which shall be supplied without undue delay. Any proposal to repeal this Regulation would have to provide clear evidence that market developments giving rise to that repeal would endure and not be reversible after the repeal.

Or. en



Linguistic – affects Greek version only

Or. el



2. Where reference is made to this paragraph, Articles 5 and 7.

2. Where reference is made to this paragraph, Articles 5a and 7.

Or. el


Amendment 61ANNEX I

Wholesale charges for the making of regulated roaming calls referred to in Article 3

deleted

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The total wholesale charges that the operator of a visited network may levy from the operator of the roaming customer’s home network for the making of a regulated roaming call originating on that visited network shall not exceed, on a per-minute basis, an amount equal to the average mobile termination rate published pursuant to Article 10(3) multiplied: a) by a factor of two, in the case of a regulated roaming call to a number assigned to a public telephone network in the Member State in which the visited network is located; orb) by a factor of three, in the case of a regulated roaming call to a number assigned to a public telephone network in a Member State other than that in which the visited network is located.The charge limits in this Annex shall include any fixed elements, such as call set-up charges.

Or. es

Justification

The wholesale ‘price cap’ should be at least three times the MTR, but not linked to any changes in MTRs resulting from future regulation. The level needs to be at least three times higher in order to allow for cost variations from one operator or country to another (due to geography, seasonal traffic, and coverage) and to enable operators to go on competing in terms of price, quality of service, and coverage when negotiating wholesale roaming charges.


Amendment 62Annex 1

Wholesale charges that the operator of a visited network may levy from the operator of the roaming customer’s home network for the making of a regulated roaming call originating on that visited network shall not exceed, on a per-minute basis, an amount

Wholesale charges that the operator of a visited network may levy from the operator of the roaming customer’s home network for the making of a regulated roaming call originating on that visited network shall not exceed, on a per-minute basis, an amount

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equal to the average mobile termination rate published pursuant to Article 10(3) multiplied:

equal to the average mobile termination rate published pursuant to Article 10(3) multiplied by a factor of 2:

(a) by a factor of two, in the case of a regulated roaming call to a number assigned to a public telephone network in the Member State in which the visited network is located; or

– either in the case of a regulated roaming call to a number assigned to a public telephone network in the Member State in which the visited network is located;

(b) by a factor of three, in the case of a regulated roaming call to a number assigned to a public telephone network in a Member State other than that in which the visited network is located.

– or in the case of a regulated roaming call to a number assigned to a public telephone network in a Member State other than that in which the visited network is located.

The charge limits in this Annex shall include any fixed elements, such as call set-up charges.

The charge limits in this Annex shall include any fixed elements, such as call set-up charges.

Or. el


Amendment 63ANNEX I, PARAGRAPH 1, POINT (B)

b) by a factor of three in the case of a regulated roaming call to a number assigned to a public telephone network in a Member State other than that in which the visited network is located.

r b) by a factor of two with a 15% top-up added in the case of a regulated roaming call to a number assigned to a public telephone network in a Member State other than that in which the visited network is located.

Or. en


Amendment 64ANNEX II

Methodology for the determination of the average mobile termination rate referred to in Article 10

deleted

(1) For the purposes of this Annex, the following terms shall have the following meanings:(a) “National Weighted Average MTR”

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shall mean the average of the Per-SMP Operator MTRs, weighted on the basis of the number of Active Subscribers per SMP Operator;(b) “Per-SMP Operator MTR” shall mean the average per-minute charge (including set up charges), based on a three-minute-call at peak rate, excluding VAT and in the national currency of the Member State concerned, for the termination of voice calls in its mobile network applied by each SMP Operator, as determined in accordance with a methodology approved by the national regulatory authority;(c) “SMP Operator” shall mean an operator of terrestrial public mobile networks which has been designated as having significant market power in accordance with Article 16 of Directive 2002/21/EC in a market for the termination of calls on such network in the Member State concerned;(d) “Active Subscribers per SMP Operator” shall mean the aggregate of the number of each SMP Operator’s own active subscribers and the number of active subscribers of each other mobile provider which uses the SMP Operator's network for the termination of voice calls to its customers;(e) “active subscribers” shall mean active mobile subscribers (both pre-paid and post-paid) determined in accordance with a methodology approved by the national regulatory authority.(2) The average mobile termination rate published pursuant to Article 10(3) shall be the average of the National Weighted Average MTRs, itself weighted on the basis of the total number of active subscribers in each Member State. It shall be calculated using the information specified in paragraph (3) below which has been communicated to the Commission by the national regulatory authorities in accordance with a request pursuant to Article 10(2) or (4).(3) The information to be communicated to

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the Commission by the national regulatory authorities shall be:(a) the National Weighted Average MTR, and(b) the sum of all the Active Subscribers per SMP Operator within their Member State,in each case as at the date specified for this purpose by the Commission in its request.(4) For Member States with a currency

other than Euro, the Commission will convert the notified National Weighted Average MTR into Euro by using the exchange rate published in the Official Journal of the European Union for the date specified by the Commission under (3) above.

Or. es

Justification


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