Regulation 2022/612 - Roaming on public mobile communications networks within the Union (recast)

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1.

Current status

This regulation is in effect from July  1, 2022 until June 30, 2032.

2.

Key information

official title

Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (recast)
 
Legal instrument Regulation
Number legal act Regulation 2022/612
Original proposal COM(2021)85 EN
CELEX number i 32022R0612

3.

Key dates

Document 06-04-2022; Date of signature
Publication in Official Journal 13-04-2022; OJ L 115 p. 1-37
Signature 06-04-2022
Effect 01-07-2022; Entry into force See Art 24
01-06-2023; Application Partial application See Art 24
Deadline 05-10-2022; See Art 3.8
31-12-2022; See Art 16
01-01-2023; See Art 4.3 And 8.6
15-05-2023; See recital Pt 13
30-06-2025; Review See Art 21.1
30-06-2027; Review See Art 21.2
30-06-2029; Review See Art 21.1
30-06-2032; See Art 9.1 And 9.2 And 10.1 And 10.2 And 11.1 And 11.2
End of validity 30-06-2032; See Art. 24

4.

Legislative text

13.4.2022   

EN

Official Journal of the European Union

L 115/1

 

REGULATION (EU) 2022/612 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 6 April 2022

on roaming on public mobile communications networks within the Union

(recast)

(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 of the Council (3) has been substantially amended several times (4). Since further amendments are to be made, that Regulation should be recast in the interests of clarity.

 

(2)

In particular, Regulation (EU) 2015/2120 of the European Parliament and of the Council (5) amended Regulation (EU) No 531/2012 and required retail roaming surcharges to be abolished in the Union from 15 June 2017, subject to the fair usage of roaming services and the possibility of applying a derogation mechanism for the sustainability of the abolition of retail roaming surcharges, also referred to as ‘roam-like-at-home’ (RLAH). In addition, the Commission undertook a review of the wholesale roaming market with a view to assessing measures necessary to enable the abolition of retail roaming surcharges in accordance with Article 19 of Regulation (EU) No 531/2012. Following that review, Regulation (EU) 2017/920 of the European Parliament and of the Council (6) was adopted with the aim of regulating national wholesale roaming markets in order to abolish retail roaming surcharges by 15 June 2017 without distorting the domestic or the visited markets.

 

(3)

On 29 November 2019, the Commission published its first full review of the roaming market (the ‘Commission Report’), showing that travellers across the Union have benefited significantly from the abolition of retail roaming surcharges. The use of mobile services, namely regulated voice, SMS or data roaming services, while travelling in the Union has increased rapidly and massively, confirming the impact of the Union’s roaming rules. The Commission Report concluded that, despite signs of some competition dynamics in both the retail and wholesale roaming markets, the underlying basic competition conditions have not changed and are not likely to change in the foreseeable future. The regulation of the retail and wholesale markets therefore remains necessary and should not be abandoned. In particular, the Commission Report found that, at the wholesale level, the sharp reduction in price caps has contributed to a further reduction in wholesale roaming prices, which has benefited net outbounder operators, that is, operators with a customer base that consumes more mobile services on the networks of partner operators in other Member States than those consumed by the partner operators’ customer base on its own network.

The Commission Report took note of the recommendation of the Body of European Regulators for Electronic Communications (BEREC) to further lower wholesale roaming price caps. The Commission also analysed and documented the need to further lower wholesale roaming price caps and assessed the level of reduction that enables visited operators to recover the costs of providing wholesale roaming services. The Commission Report referred to the requirement of Regulation (EU) No 531/2012 that roaming customers have access to the same services in other Member States, for the same price, provided that those services can be delivered on the visited network. The Commission Report took note...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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