32 Amendments of Christel SCHALDEMOSE related to 2011/0187(COD)
Amendment 61 #
Proposal for a regulation
Recital 41
Recital 41
(41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff, subject only to the possibility to apply a minimum initial charging period of no more than 30 seconds for calls made. This will enable operators to cover any reasonable set-up costs and to provide flexibility to compete by offering shorter minimum charging periods. However, n. No minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set- up costs are already covered by mobile termination rates.
Amendment 65 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) Operators should take the appropriate measures to ensure that cross-border consumers do not face problems due to their cross-border location, such as roaming charges while they are still in their home country.
Amendment 78 #
Proposal for a regulation
Recital 68
Recital 68
(68) Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. Home providers should provide information on roaming charges by appropriate means such as invoices, the internet, TV advertisements or direct mail. All information and offers should be clear, understandable, comparable and transparent with regard to prices and service characteristics. Advertising of roaming offers and marketing to consumers should fully comply with consumer protection legislation, in particular with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’)1. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the Eurotariff and the right to switch to and from it. _____________ 1 OJ L 149, 11.6.2005, p. 22
Amendment 80 #
Proposal for a regulation
Recital 69
Recital 69
(69) Moreover, measures should be introduced to improve the transparency of retail prices for dataall roaming services, in particular to eliminate the problem of ‘bill shock’ which constitutes a barrier to the smooth functioning of the internal market, and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services. Equally, there should be no obstacles to the emergence of applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi. Consumers should be provided with this information, thereby allowing them to make an informed choice.
Amendment 88 #
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72a) Since current EU legislation contains no provisions on limiting bill shocks for roaming outside the Union, consumers should in future be informed about the roaming charges concerned when roaming outside the Union and be covered by the provisions on bill shocks that apply to roaming within the Union;
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 2 – point k
Article 2 – paragraph 2 – point k
(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages, but does include the nor that of transmission and receipt of MMS messages;
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 2 – point n
Article 2 – paragraph 2 – point n
(n) ‘wholesale roaming access’ means the making available of facilities and/or services to another undertaking, on a non- discriminatory basis, under defined conditions, for the purpose of providing roaming services to retail customers;
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within fivone working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months.
Amendment 150 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,140 per minute as of 1 July 2012.
Amendment 159 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,106 and EUR 0,064, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,064 for the duration of this Regulation.
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the Union by the relevant operator over the relevant period, aggregated on a per second basis adjusted to take account of the possibility for the operator of the visited network to apply an initial minimum charging period not exceeding 30 seconds.
Amendment 170 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,132 per minute for any call made or EUR 0,1106 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,128 and EUR 0,2410 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 on 1 July 201305 and EUR 0,03 on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 183 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Any roaming customer may request to switch to or from a Eurotariff. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription, save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service (namely, voice, SMS and/or data) wishes to switch to a Eurotariff, the home provider may require the switching customer to forego the benefits of the other elements of that package. A home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period.
Amendment 191 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,107. The price ceiling for SMS sent shall decrease to EUR 0,05 on July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016.
Amendment 200 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Any roaming customer may request to switch to or from a Euro-SMS tariff at any time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period. A Euro-SMS tariff may always be combined with a Eurotariff.
Amendment 202 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,305, EUR 0,204 as of 1 July 2013 and EUR 0,103 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,103 per megabyte of data transmitted for the duration of this Regulation.
Amendment 215 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,950 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,510, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,510, per megabyte used until 30 June 2016.
Amendment 226 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Any roaming customer may request to switch to or from a Euro-data tariff respecting their contractual conditions at any point in time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period. A Euro-data tariff may always be combined with a Euro-SMS tariff and a Eurotariff.
Amendment 233 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State or a third country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member State or third country.
Amendment 239 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Article 14 – paragraph 1 – subparagraph 2 – introductory part
This basic personalised pricing information shall include the maximumactual charges (including VAT and in the currency of his home bill) the customer may be subject to under his tariff scheme for:
Amendment 241 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member State or third country.
Amendment 246 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b a (new)
Article 14 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) using regulated data connection services while in the visited Member State or third country, expressed in price per megabyte.
Amendment 248 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4
Article 14 – paragraph 1 – subparagraph 4
On the occasion of each message, a customer who is at least 18 shall have the opportunity to give notice to home provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 249 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, and irrespective of their location within the Union, more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls, SMS, MMS and other data communication services, and information on the transparency measures applicable by virtue of this Regulation, by means of a mobile voice call or by SMS. Such a request shall be to a free-of-charge number designated for this purpose by the home provider. Obligations provided for in paragraph 1 shall not apply to machine to machine (M2M) type of devices that use mobile communication.
Amendment 253 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers.
Amendment 261 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 264 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State or third country concerned, except where the customer has notified his home provider that he does not require this information.
Amendment 270 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member State or third country. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 276 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
Each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated calls, SMS and data roaming services and which guarantees that, without the customer's explicit consent, the accumulated expenditure for regulated roaming calls, SMS and data roaming services over a specified period of use does not exceed a specified financial limit.
Amendment 282 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6
Article 15 – paragraph 3 – subparagraph 6
Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when theroaming calls, SMS and data roaming services have reached 80 % of the agreed financial or volume limit. Customers shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 287 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 7
Article 15 – paragraph 3 – subparagraph 7
When this financial or volume limit would otherwise be exceeded, a notification shall be sent to the roaming customer's mobile telephone or other device. This notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed. If the roaming customer does not respond as prompted in the notification received, the home provider shall immediately cease to provide and to charge the roaming customer for regulated calls, SMS and data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services.
Amendment 288 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 8
Article 15 – paragraph 3 – subparagraph 8
Whenever a roaming customer requests to opt for or to remove a ‘financial or volume limit’ facility, the change must be made within one working day of receipt of the request, free of charge, and shall not entail conditions or restrictions pertaining to other elements of the subscription. This rule shall apply to customer roaming within the Union as well as outside of the Union.