Regulation 2017/920 - Amendment of Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets - Main contents
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official title
Regulation (EU) 2017/920 of the European Parliament and of the Council of 17 May 2017 amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming marketsText with EEA relevance.| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2017/920 |
| Original proposal | COM(2016)399  |
| CELEX number i | 32017R0920 |
| Document | 17-05-2017; Date of signature |
|---|---|
| Publication in Official Journal | 09-06-2017; OJ L 147 p. 1-8 |
| Signature | 17-05-2017 |
| Effect | 12-06-2017; Entry into force Date pub. +3 See Art 2 15-06-2017; Application Partial application See Art 2 |
| End of validity | 30-06-2022; Repealed by 32022R0612 |
9.6.2017 |
EN |
Official Journal of the European Union |
L 147/1 |
REGULATION (EU) 2017/920 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 May 2017
amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Regulation (EU) No 531/2012 of the European Parliament and the Council (3) introduces a common approach to the regulation of roaming on public mobile communications networks within the Union. |
(2) |
The Digital Single Market Strategy for Europe set out in the Commission’s communication of 6 May 2015 considered the Telecoms Single Market package, subsequently adopted by Regulation (EU) 2015/2120 of the European Parliament and of the Council (4), to be a first step towards eliminating retail roaming surcharges, thereby supporting the establishment of a digital single market in the Union. |
(3) |
Regulation (EU) 2015/2120 sets up a new retail pricing mechanism for Union-wide regulated roaming services in order to abolish retail roaming surcharges from 15 June 2017 without distorting domestic and visited markets. |
(4) |
The abolition of retail roaming surcharges set up by Regulation (EU) 2015/2120, also referred to as ‘roam-like-at-home’ (RLAH), is necessary to establish and ease the functioning of a digital single market across the Union. However, that Regulation alone is not sufficient to ensure the proper functioning of the roaming market. This Regulation should therefore contribute to pricing models in domestic markets not being affected by the abolition of retail roaming surcharges. |
(5) |
The abolition of retail roaming surcharges from 15 June 2017 is subject to the applicability of any legislative act proposed by the Commission that provides for appropriate measures following the review of the wholesale roaming markets. |
(6) |
The Commission has conducted a comprehensive review of wholesale roaming markets to assess which measures are necessary to enable retail roaming surcharges to be abolished from 15 June 2017. |
(7) |
In light of the findings of its review, the Commission adopted its report on the review of the wholesale roaming market on 15 June 2016 (‘the Commission Report’). The Commission Report finds that, in order to ensure that retail roaming services can be provided at domestic retail prices, wholesale roaming inputs must be available at a level that allows home operators to provide RLAH. Although having fully competitive national wholesale roaming markets in which prices are in line with visited networks’ underlying costs of provision would clearly make RLAH more sustainable, the Commission Report shows that this is not the case. The Commission Report also demonstrates that the future retail RLAH obligation alone is highly unlikely to lead to well-functioning wholesale roaming markets that would enable the provision of RLAH in the Union from 15 June 2017. |
(8) |
In particular, the current functioning of wholesale roaming markets could affect competition and investments in home operators’ domestic markets due to excessive wholesale roaming charges compared to the domestic retail prices applied to end users. This applies, in particular, to smaller operators, mobile virtual network operators (MVNOs), or net out-bound operators, making RLAH... |
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