Regulation 2007/717 - Roaming on public mobile telephone networks within the EC
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official title
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/ECLegal instrument | Regulation |
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Number legal act | Regulation 2007/717 |
Original proposal | COM(2006)382 ![]() |
CELEX number59 | 32007R0717 |
Document | 27-06-2007 |
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Publication in Official Journal | 29-06-2007; Special edition in Croatian: Chapter 13 Volume 004,OJ L 171, 29.6.2007 |
Effect | 30-06-2007; Entry into force Date pub. +1 See Art 13 |
End of validity | 30-06-2012; Repealed by 32012R0531 |
29.6.2007 |
EN |
Official Journal of the European Union |
L 171/32 |
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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
The high level of the prices payable by users of public mobile telephone networks, such as 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, as well as for consumers and the Community institutions. The excessive retail charges are resulting 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. Reductions in wholesale charges are often not passed on to the retail customer. Although some operators have recently introduced tariff schemes that offer customers more favourable conditions and lower prices, there is still evidence that the relationship between costs and prices is not such as would prevail in fully competitive markets. |
(2) |
The creation of a European social, educational and cultural area based on the mobility of individuals should facilitate communication between people in order to build a real ‘Europe for Citizens’. |
(3) |
Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (3), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (4), Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (5), Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (6) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (7) (hereinafter together referred to as ‘the 2002 regulatory framework for electronic communications’) aim to create an internal market for electronic communications within the Community while ensuring a high level of consumer protection through enhanced competition. |
(4) |
This Regulation is not an isolated measure, but complements and supports, insofar as Community-wide roaming is concerned, the rules provided for by the 2002 regulatory framework for electronic communications. That framework has not provided national regulatory authorities with sufficient tools to take effective and decisive action with regard to the pricing of roaming services within the Community and thus fails to ensure the smooth functioning of the internal market for roaming services. This Regulation is an appropriate means of correcting this situation. |
(5) |
The 2002 regulatory framework for electronic communications draws on the principle that ex ante regulatory obligations should only be imposed where... |
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- 1.The first consultation ran from 20 February 2006 to 22 March 2006 and the second from 3 April 2006 to 12 May 2006. The results are available onec.europa.eu/information_society/activities
- 2.OJ C , , p. .
- 3.OJ C , , p. .
- 4.OJ C , , p. .
- 5.See Commission Decision 2002/627/EC of 29 July 2002 establishing the European Regulators Group for Electronic Communications Networks and Services (OJ L 200, 30.7.2002, p. 38), as amended by Commission Decision 2004/641/EC of 14 September 2004 (OJ L 293, 16.9.2004, p. 30).
- 6.OJ L 108 of 24.4.2002, p 33.
- 7.OJ L 108 of 24.4.2002, p. 7.
- 8.OJ L 108 of 24.4.2002, p. 21.
- 9.OJ L 108 of 24.4.2002, p. 51.
- 10.OJ L 201 of 31.7.2002, p. 37.
- 11.See in particular Articles 14 to 16 of the Framework Directive, Articles 7 and 8 of the Access Directive and Articles 16 and 17 of the Universal Service Directive.
- 12.Commission Recommendation of 11 February 2003 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communication networks and services - C(2003) 497 (OJ L 114, 8.5.2003, p. 45).
- 13.Commission guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications networks and services (OJ C 165, 11.7.2002, p. 6).
- 14.Market 17 in the Annex.
- 15.EP Resolution 2005/2052(INI).
- 16.Communication to the Spring European Council, Working together for growth and jobs, A new start for the Lisbon Strategy - COM(2005) 24, 2.2.2005 - and European Council Presidency Conclusions 22-23 March 2005.
- 17.OJ L 184, 17.7.1999, p. 23.
- 18.See Commission Decision 2002/627/EC of 29 July 2002 establishing the European Regulators Group for Electronic Communications Networks and Services (OJ L 200, 30.7.2002, p. 38), as amended by Commission Decision 2004/641/EC of 14 September 2004 (OJ L 293, 16.9.2004, p. 30).
- 19.OJ C , , p. .
- 20.OJ C , , p. .
- 21.OJ C , , p. .
- 22.OJ L 108 of 24.4.2002, p 33.
- 23.OJ C , , p. .
- 24.OJ C , , p. .
- 25.OJ C , , p. .
- 26.OJ C , , p. .
- 27.OJ C , , p. .
- 28.OJ C , , p. .
- 29.OJ C , , p. .
- 30.The first consultation ran from 20 February 2006 to 22 March 2006 and the second from 3 April 2006 to 12 May 2006. The results are available onec.europa.eu/information_society/activities
- 31.OJ C , , p. .
- 32.OJ C , , p. .
- 33.OJ C , , p. .
- 34.See Commission Decision 2002/627/EC of 29 July 2002 establishing the European Regulators Group for Electronic Communications Networks and Services (OJ L 200, 30.7.2002, p. 38), as amended by Commission Decision 2004/641/EC of 14 September 2004 (OJ L 293, 16.9.2004, p. 30).
- 35.OJ L 108 of 24.4.2002, p 33.
- 36.OJ L 108 of 24.4.2002, p. 7.
- 37.OJ L 108 of 24.4.2002, p. 21.
- 38.OJ L 108 of 24.4.2002, p. 51.
- 39.OJ L 201 of 31.7.2002, p. 37.
- 40.See in particular Articles 14 to 16 of the Framework Directive, Articles 7 and 8 of the Access Directive and Articles 16 and 17 of the Universal Service Directive.
- 41.Commission Recommendation of 11 February 2003 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communication networks and services - C(2003) 497 (OJ L 114, 8.5.2003, p. 45).
- 42.Commission guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications networks and services (OJ C 165, 11.7.2002, p.
6).
- 43.Market 17 in the Annex.
- 44.EP Resolution 2005/2052(INI).
- 45.Communication to the Spring European Council, Working together for growth and jobs, A new start for the Lisbon Strategy - COM(2005) 24, 2.2.2005 - and European Council Presidency Conclusions 22-23 March 2005.
- 46.OJ L 184, 17.7.1999, p.
- 47.See Commission Decision 2002/627/EC of 29 July 2002 establishing the European Regulators Group for Electronic Communications Networks and Services (OJ L 200, 30.7.2002, p. 38), as amended by Commission Decision 2004/641/EC of 14 September 2004 (OJ L 293, 16.9.2004, p. 30).
- 48.OJ C , , p. .
- 49.OJ C , , p. .
- 50.OJ C , , p. .
- 51.OJ L 108 of 24.4.2002, p 33.
- 52.OJ C , , p. .
- 53.OJ C , , p. .
- 54.OJ C , , p. .
- 55.OJ C , , p. .
- 56.OJ C , , p. .
- 57.OJ C , , p. .
- 58.OJ C , , p. .
- 59.Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
- 60.EUR-lex provides an overview of the proposal, amendments, citations and legality.