EN Official Journal of the European Union CE 78/416

(2004/C 78 E/0438)

WRITTEN QUESTION E-2689/03

by Toine Manders (ELDR) to the Commission

(10 September 2003)

Subject: GSM roaming tariffs

The Commission has possibly been asked many questions on this subject. Given that, despite previous efforts, an internal market for mobile phone communications has, unfortunately, still not been established, I wish to put the following further question.

Many people using their mobile phone during a stay in a foreign country are later faced with excessively high bills for international calls. Disproportionately high ‘roaming’ tariffs are applied by telecommunications operators for use of a host network.

Taking account of the geographical distances involved, mobile phone calls from, for example, the south of France to northern France cannot, and should not, be more expensive from a technical point of view than mobile phone calls between two neighbouring border areas in two different countries. It is possible to conclude from this that the prices which consumers are required to pay for using a foreign host network are not at all compatible with market conditions. That smacks of misuse of their dominant position by telecommunications operators.

Completion of the internal market is high on the political agenda. Given that mobile phone communications are generally regarded as a service, I take the view that this situation distorts the functioning of the internal market.

1. Is the Commission aware of the exorbitant tariffs charged by telecommunications operators for international mobile phone calls?

2. Does the Commission agree that the prices imposed are not compatible with market conditions? If not, what is the basis for the Commission's view?

3. Does the Commission intend to investigate more closely the aforementioned disruption of the internal market? If not, why not?

4. Is the Commission prepared to take steps in the short-term to optimise the way in which the internal market functions in relation to international provision of mobile phone services? If so, by what date, if not, why not?

Answer given by Mr Monti on behalf of the Commission

(1 December 2003)

The Commission publishes surveys of the tariffs applied by telecommunications operators in the Union on a regular basis, the last of which can be found at the following Internet address: (http://europa.eu.int/ information_society/topics/telecoms/regulatory/studies/documents/tariff_report_2002_12.pdf).

Moreover, the Commission is currently enquiring about the level of tariffs applied on intra-Union mobile phone calls in the context of investigations regarding the application of competition rules laid down in the EC Treaty. These investigations include the analysis of tariffs and costs borne by telecommunications operators for international mobile phone calls, including in the context of international roaming.

The very fact that several investigations are ongoing indicates the Commission's determination to ensure that telecommunications operators fully comply with competition rules. However, it is not necessarily contrary to such rules that tariffs applied to domestic calls within a national market such as France differ from tariffs applied to cross-border calls, in particular, when the costs borne by network operators differ, as is the case with national and intra-Union calls.

These investigations are being treated with a high level of priority, owing inter alia, to numerous complaints and concerns expressed by consumer circles. The Commission is, indeed, prepared to bring to an end to any infringement to competition rules if the level of tariffs under investigation proved to be contrary to them. However, the Commission would like to stress that an investigation in no way prejudges either the substance of the Commission's eventual conclusions, or the parties' right of defence in this respect. As is customary with ongoing cases of application of competition rules, the Commission is, therefore, not in a position to further comment on/or qualify the level of tariffs to which the Honourable Member refers.

In principle, the outcome of the investigations should determine the kind of action which the Commission would envisage. Should competition rules not prove appropriate, the Commission will examine whether alternative courses of action would be possible.