Konsultasjon om "roaming"-forordningen og mulig utvidelse til SMS og data

Tittel

Åpen konsultasjon om en gjennomgang av virkemåten til forordning (EF) nr. 717/2007 ("roaming"-forordningen) og om en mulig utvidelse til SMS- og dataroaming-tjenester

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Bakgrunn (fra Kommisjonens konsultasjonsdokument, engelsk utgave)

In response to persistent concerns over the high prices paid by EU citizens when using their mobile phones to make and receive voice calls while travelling abroad in other Member States, and in order to ensure a high level of consumer protection and the smooth functioning of the Internal Market, the European Commission adopted on 12 July 2006 its proposal for a Regulation on public mobile networks within the Community (1). The Commission's proposal followed extensive consultation and debate, including two public consultations and a Parliamentary hearing, and was accompanied by a comprehensive and thorough impact assessment.

Less than a year later the Roaming Regulation ("the Regulation") (2) was adopted by the European Parliament and the Council on the basis of Article 95 of the EC Treaty and came into force on 30 June 2007.

The Regulation requires mobile telephony network and service providers within the Community to offer their customers a 'Eurotariff' for voice calls made and received when roaming in other Member States which complies with the price ceilings specified in the Regulation. These ceilings will be further reduced by the Regulation on 30 August 2008 and 30 August 2009 (3). The Regulation also places a ceiling on the average wholesale price that one mobile operator can charge another for the provision of regulated roaming calls at wholesale level (4).

In addition the Regulation includes (in its Article 6) requirements on mobile roaming providers which guarantee a minimum level of price transparency for their customers. National regulatory authorities (NRAs) are charged with the task of monitoring and supervising compliance with the Regulation and may intervene on their own initiative to ensure compliance.

The Regulation will expire on 30 June 2010 unless the European Parliament and Council decide to extend it beyond that date, on the basis of a proposal from the European Commission.

Article 11 of the Regulation therefore calls on the European Commission to review the functioning of the Regulation and report to the European Parliament and the Council before 30 December 2008. In its report to the European Parliament, the Commission is required to assess whether the objectives of the Regulation have been achieved and whether, in the light of developments in the market and with regard to both competition and consumer protection, there is need to extend its duration or to amend it, taking into account the developments in charges for mobile voice and data communication services at national level and the effects of the Regulation on the competitive situation of smaller, independent or newly started operators. If the Commission finds that there is such a need, it shall submit a proposal to the European Parliament and the Council.

The European Parliament and Council also charged the Commission in the Regulation specifically with reviewing developments in wholesale and retail charges for the provision to roaming customers of data communication services, including SMS and MMS, and, if appropriate, including recommendations regarding the need to regulate these services.

Any extension in time or scope of the Regulation would have the same legal base as the Regulation itself, i.e. Article 95 of the EC Treaty.

This public consultation is therefore designed to seek the views and contributions of interested parties on the issues to be covered by the Commission's report to Parliament and Council due by the end of this year, both as regards the regulation of roaming services for voice calls and the possible extension of the Regulation to SMS and data roaming services. While respondents are encouraged to answer all questions, some questions are specifically designed to give industry players the opportunity to provide details on the impact on their businesses while other questions are designed specifically to invite end-users to give their perspective. Respondents are also invited to consider the potential impact on corporate, post-paid and pre-paid customers where appropriate.

(1) Proposal 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 of 12 July 2006, COM(2006)382 final.

(2) Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive
2002/21/EC, OJ L 171 of 29 June 2007 p 32-40.

(3) The retail charge (excluding VAT) of the Eurotariff which a home provider must offer its roaming customer for the provision of regulated roaming voice calls shall not exceed €0.49 per minute for any call made or €0.24 per minute for any call received. These ceilings shall decrease to €0.46 for calls made and €0.22 for calls received on 30 August 2008 and to €0.43 and €0.19 respectively on 30 August 2009 (Article 4(2) of the Regulation).

(4) The wholesale price ceiling is set at €0.30 per minute, decreasing to €0.28 and €0.26 on 30 August 2008 and 30 August 2009 respectively (Article 3 of the Regulation).

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