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)
Date: 2007-06-27
Institutions: Council of the European Union, European Parliament
Subjects: consumer protection, mobile phone, retail price, telephone charges, transmission network, wholesale price

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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 EURO-
PEAN UNION,

(2)

The creation of a European social, educational and cul-
tural area based on the mobility of individuals should
facilitate communication between people in order to build
a real ‘Europe for Citizens’.

Having regard to the Treaty establishing the European Commu-
nity, 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 exces-
sive 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 intro-
duced tariff schemes that offer customers more favour-
able 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.

(1) OJ C 324, 30.12.2006, p. 42.
(2) Opinion of the European Parliament of 23 May 2007 (not yet pub-
lished in the Official Journal) and Council Decision of 25 June 2007.

(3)

(4)

the European Parliament and of

Directive 2002/19/EC of the European Parliament and of
the Council of 7 March 2002 on access to, and intercon-
nection of, electronic communications networks and asso-
ciated facilities (Access Directive) (3), Directive 2002/20/EC
of
the Council of
7 March 2002 on the authorisation of electronic commu-
nications networks and services (Authorisation Direc-
tive) (4), Directive 2002/21/EC of the European Parliament
and of the Council of 7 March 2002 on a common regu-
latory framework for electronic communications net-
works and services (Framework Directive) (5), Directive
2002/22/EC of the European Parliament and of the Coun-
cil of 7 March 2002 on universal service and users’ rights
relating to electronic communications networks and ser-
(Universal Service Directive) (6) and Directive
vices
2002/58/EC of the European Parliament and of the Coun-
cil of 12 July 2002 concerning the processing of personal
data and the protection of privacy in the electronic com-
munications sector (Directive on privacy and electronic
communications) (7) (hereinafter together referred to as
‘the 2002 regulatory framework for electronic communi-
cations’) aim to create an internal market for electronic
communications within the Community while ensuring a
high level of consumer protection through enhanced
competition.

This Regulation is not an isolated measure, but comple-
ments and supports, insofar as Community-wide roaming
is concerned, the rules provided for by the 2002 regula-
tory framework for electronic communications. That
framework has not provided national regulatory authori-
ties 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.

(3) OJ L 108, 24.4.2002, p. 7.
(4) OJ L 108, 24.4.2002, p. 21.
(5) OJ L 108, 24.4.2002, p. 33.
(6) OJ L 108, 24.4.2002, p. 51.
(7) OJ L 201, 31.7.2002, p. 37. Directive as amended by Directive

2006/24/EC (OJ L 105, 13.4.2006, p. 54).

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(5)

(6)

(7)

(8)

The 2002 regulatory framework for electronic communi-
cations draws on the principle that ex ante regulatory obli-
gations should only be imposed where there is not
effective competition, providing for a process of periodic
market analysis and review of obligations by national
regulatory authorities, leading to the imposition of ex ante
obligations on operators designated as having significant
market power. The elements constituting this process
include the definition of relevant markets in accordance
with the Commission’s Recommendation (1) on relevant
product and service markets within the electronic com-
munications sector susceptible to ex ante regulation in
accordance with Directive 2002/21/EC (hereinafter
referred to as ‘the Recommendation’), the analysis of the
defined markets in accordance with the Commission’s
guidelines on market analysis and the assessment of sig-
nificant market power under the Community regulatory
framework for electronic communications networks and
services (2), the designation of operators with significant
market power and the imposition of ex ante obligations
on operators so designated.

The Recommendation identifies as a relevant market sus-
ceptible to ex ante regulation the wholesale national mar-
ket for international roaming on public mobile networks.
However, the work undertaken by the national regulatory
authorities (both individually and within the European
Regulators Group) in analysing the wholesale national
markets for international roaming has demonstrated that
it has not yet been possible for a national regulatory
authority to address effectively the high level of wholesale
Community-wide roaming charges because of the diffi-
culty in identifying undertakings with significant market
power in view of the specific circumstances of interna-
tional roaming, including its cross-border nature.

As regards the retail provision of international roaming
services, the Recommendation does not identify any retail
market for international roaming as a relevant market,
owing among other things to the fact that international
roaming services at retail level are not purchased indepen-
dently but constitute only one element of a broader retail
package purchased by customers
from their home
provider.

In addition, the national regulatory authorities responsible
for safeguarding and promoting the interests of mobile
customers normally resident within their territory are not
able to control the behaviour of the operators of the vis-
ited network, situated in other Member States, on whom

(9)

(10)

(11)

(12)

those customers depend when using international roam-
ing services. This obstacle could also diminish the effec-
tiveness of measures taken by Member States based on
their residual competence to adopt consumer protection
rules.

Accordingly, there is pressure for Member States to take
measures to address the level of international roaming
charges, but the mechanism for ex ante regulatory inter-
vention by national regulatory authorities provided by the
2002 regulatory framework for electronic communica-
tions has not proved sufficient to enable those authorities
to act decisively in the consumers’ interest in this specific
area.

Furthermore, the European Parliament resolution on Euro-
pean electronic communications regulation and markets
2004 (3) called on the Commission to develop new initia-
tives to reduce the high costs of cross-border mobile tele-
phone traffic, while the European Council of 23 and
24 March 2006 concluded that focused, effective and inte-
grated information and communication technology (ICT)
policies both at European and national level are essential
to achieving the renewed Lisbon Strategy’s goals of eco-
nomic growth and productivity and noted in this context
the importance for competitiveness of reducing roaming
charges.

The 2002 regulatory framework for electronic communi-
cations, on the basis of considerations apparent at that
time, was aimed at removing all barriers to trade between
Member States in the area that it harmonised, inter alia,
measures which affect roaming charges. However, this
should not prevent the adaptation of harmonised rules in
step with other considerations in order to find the most
effective means of achieving a high level of consumer pro-
tection whilst improving the conditions for the function-
ing of the internal market.

The 2002 regulatory framework for electronic communi-
cations, in particular the Framework Directive, should
therefore be amended to allow for a departure from the
rules otherwise applicable, namely that prices for service
offerings should be determined by commercial agreement
in the absence of significant market power, and to thereby
accommodate the introduction of complementary regula-
tory obligations which reflect the specific characteristics
of Community-wide roaming services.

(13)

The retail and wholesale roaming markets exhibit unique
characteristics which justify exceptional measures which go
beyond the mechanisms otherwise available under the 2002
regulatory framework for electronic communications.

(1) OJ L 114, 8.5.2003, p. 45.
(2) OJ C 165, 11.7.2002, p. 6.

(3) OJ C 285 E, 22.11.2006, p. 143.

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(14)

Regulatory obligations should be imposed at both retail
and wholesale level to protect the interests of roaming cus-
tomers, since experience has shown that reductions in
wholesale prices for Community-wide roaming services
may not be reflected in lower retail prices for roaming
owing to the absence of incentives for this to happen. On
the other hand, action to reduce the level of retail prices
without addressing the level of the wholesale costs associ-
ated with the provision of these services could risk dis-
rupting the orderly functioning of the Community-wide
roaming market.

(15)

These regulatory obligations should take effect as soon as
possible, while providing the operators concerned with a
reasonable period to adapt their prices and service offer-
ings to ensure compliance, and apply directly in all Mem-
ber States.

(16) A common approach should be employed for ensuring
that users of terrestrial public mobile telephone networks
when travelling within the Community do not pay exces-
sive prices for Community-wide roaming services when
making or receiving voice calls, thereby achieving a high
level of consumer protection while safeguarding competi-
tion between mobile operators and preserving both incen-
tives for innovation and consumer choice. In view of the
cross-border nature of the services concerned, this com-
mon approach is needed so that mobile operators can
operate within a single coherent regulatory framework
based on objectively established criteria.

(17)

(18)

(19)

The most effective and proportionate approach to regulat-
ing the level of prices for making and receiving intra-
Community roaming calls is the setting at Community
level of a maximum average per-minute charge at whole-
sale level and the limiting of charges at retail level through
the introduction of a Eurotariff. The average wholesale
charge should apply between any pair of operators within
the Community over a specified period.

The Eurotariff should be set at a level which guarantees a
sufficient margin to operators and encourages competi-
tive roaming offerings at lower rates. Operators should
actively offer a Eurotariff to all their roaming customers,
free of charge, and in a clear and transparent manner.

This regulatory approach should ensure that retail charges
for Community-wide roaming provide a more reasonable
reflection of the underlying costs involved in the provi-
sion of the service than has been the case. The maximum
Eurotariff that may be offered to roaming customers
should therefore reflect a reasonable margin over the
wholesale cost of providing a roaming service, whilst

(20)

(21)

allowing operators the freedom to compete by differenti-
ating their offerings and adapting their pricing structures
to market conditions and consumer preferences. This
regulatory approach should not apply to value added
services.

This regulatory approach should be simple to implement
and monitor in order to minimise the administrative bur-
den both for the operators which are affected by its
requirements and for the national regulatory authorities
charged with its supervision and enforcement. It should
also be transparent and immediately understandable to all
mobile customers within the Community. Furthermore it
should provide certainty and predictability to operators
providing wholesale and retail roaming services. The level
in monetary terms of the maximum per-minute charges
at wholesale and retail level should therefore be specified
in this Regulation.

The maximum average per-minute charge at wholesale
level so specified should take account of the different ele-
ments involved in the making of a Community-wide
roaming call, in particular the cost of originating and ter-
minating calls over mobile networks and including over-
heads, signalling and transit. The most appropriate
benchmark for call origination and for call termination is
the average mobile termination rate for mobile network
operators in the Community, based on information pro-
vided by the national regulatory authorities and published
by the Commission. The maximum average per-minute
charge established by this Regulation should therefore be
determined taking into account the average mobile termi-
nation rate, which offers a benchmark for the costs
involved. The maximum average per-minute charge at
wholesale level should decrease annually to take account
of reductions in mobile termination rates imposed by
national regulatory authorities from time to time.

(22)

The Eurotariff applicable at retail level should provide
roaming customers with the assurance that they will not
be charged an excessive price when making or receiving a
regulated roaming call, whilst leaving the home operators
sufficient margin to differentiate the products they offer
to customers.

(23) All consumers should have the option of choosing with-
out additional charges or preconditions a simple roaming
tariff which will not exceed regulated rates. A reasonable
margin between wholesale costs and retail prices should
ensure that operators cover all their specific roaming costs
at retail level including appropriate shares of marketing
costs and handset subsidies and are left with an adequate
residual to yield a reasonable return. A Eurotariff is an
appropriate means to provide both the consumer with
protection and the operator with flexibility. In line with
the wholesale level the maximum levels of the Eurotariff
should decrease annually.

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(24) New roaming customers should be fully informed of the
range of tariffs that exist for roaming within the Commu-
nity, including the tariffs which are compliant with the
Eurotariff. Existing roaming customers should be given the
opportunity to choose a new tariff compliant with the
Eurotariff or any other roaming tariff within a certain time
frame. For existing roaming customers who have not
made their choice within this time frame, it is appropriate
to distinguish between those who had already opted for a
specific roaming tariff or package before the entry into
force of this Regulation and those who had not. The lat-
ter should be automatically accorded a tariff that com-
plies with this Regulation. Roaming customers who
already benefit from specific roaming tariffs or packages
which suit their individual requirements and which they
have chosen on that basis should remain on their previ-
ously selected tariff or package if, after having been
reminded of their current tariff conditions, they fail to
express a choice within the relevant time period. Such spe-
cific roaming tariffs or packages could include,
for
example, roaming flat-rates, non-public tariffs, tariffs with
additional fixed roaming charges, tariffs with per-minute
charges lower than the maximum Eurotariff or tariffs with
set-up charges.

(25)

Providers of retail Community-wide roaming services
should have a period within which to adjust their prices
to comply with the limits laid down in this Regulation.

(26)

Similarly, providers of wholesale Community-wide roam-
ing services should have an adaptation period to comply
with the limits laid down in this Regulation.

(27)

Since this Regulation provides that the Directives making
up the 2002 regulatory framework for electronic commu-
nications are without prejudice to any specific measure
adopted for the regulation of Community-wide roaming
charges for mobile voice telephony calls, and since pro-
viders of Community-wide roaming services may be
required by this Regulation to make changes to their retail
roaming tariffs in order to comply with the requirements
of this Regulation, such changes should not trigger for
mobile customers any right under national laws transpos-
ing the 2002 regulatory framework for electronic com-
munications to withdraw from their contracts.

(28)

This Regulation should not prejudice innovative offers
to consumers which are more advantageous than the
maximum Eurotariff as defined in this Regulation, but
rather should encourage innovative offers to roaming cus-
tomers at lower rates. This Regulation does not require
roaming charges to be reintroduced in cases where they

have been abolished altogether, nor does it require exist-
ing roaming charges to be increased to the level of the
limits set out in this Regulation.

(29) Home providers may offer a fair-use, all-inclusive, monthly
flat-rate to which no charge limits apply. This flat-rate
could cover Community-wide roaming voice and/or data
communication services (including Short Message Service
(SMS) and Multimedia Messaging Service (MMS)) within
the Community.

(30)

To ensure that all users of mobile voice telephony may
benefit from the provisions of this Regulation, the retail
pricing requirements should apply regardless of whether
roaming customers have a pre-paid or a post-paid con-
tract with their home provider, and regardless of whether
the home provider has its own network, is a mobile vir-
tual network operator or is a reseller of mobile voice tele-
phony services.

their

threat of

termination, of

(31) Where Community providers of mobile telephony services
find the benefits of interoperability and end-to-end con-
nectivity for their customers jeopardised by the termina-
tion, or
roaming
arrangements with mobile network operators in other
Member States, or are unable to provide their customers
with service in another Member State as a result of a lack
of agreement with at least one wholesale network pro-
vider, national regulatory authorities should make use,
where necessary, of the powers under Article 5 of the
Access Directive to ensure adequate access and intercon-
nection in order to guarantee such end-to-end connectiv-
ity and the interoperability of services, taking into account
the objectives of Article 8 of the Framework Directive, in
particular the creation of a fully functioning single mar-
ket for electronic communications services.

(32)

In order to improve the transparency of retail prices for
making and receiving regulated roaming calls within the
Community and to help roaming customers make deci-
sions on the use of their mobile telephones while abroad,
providers of mobile telephony services should enable their
roaming customers easily to obtain information free of
charge on the roaming charges applicable to them when
making or receiving voice calls in a visited Member State.
Moreover, providers should give their customers, on
request and free of charge, additional information on the
per-minute or per-unit data charges (including VAT) for
the making or receiving of voice calls and also for the
sending and receiving of SMS, MMS and other data com-
munication services in the visited Member State.

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(33)

(34)

Transparency also requires that providers furnish informa-
tion 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 infor-
mation on roaming charges by appropriate means such
as invoices, the internet, TV advertisements or direct mail.
Home providers should ensure that all their roaming cus-
tomers are aware of the availability of regulated tariffs 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.

The national regulatory authorities which are responsible
for carrying out tasks under the 2002 regulatory frame-
work for electronic communications should have the pow-
ers needed to supervise and enforce the obligations under
this Regulation within their territory. They should also
monitor developments in the pricing of voice and data
services for mobile customers when roaming within the
Community including, where appropriate, the specific
costs related to roaming calls made and received in the
outermost regions of the Community and the need to
ensure that these costs can be adequately recovered on the
wholesale market, and that traffic steering techniques are
not used to limit choice to the detriment of customers.
They should ensure that up-to-date information on the
application of this Regulation is made available to inter-
ested parties and publish the results of such monitoring
every six months. Information should be provided on cor-
porate, post-paid and pre-paid customers separately.

(37) Member States should provide for a system of penalties

to be applied in the event of breach of this Regulation.

(38)

Since the objectives of this Regulation, namely to estab-
lish a common approach to ensure that users of public
mobile telephone networks when travelling within the
Community do not pay excessive prices for Community-
wide roaming services when making or receiving voice
calls, thereby achieving a high level of consumer protec-
tion while safeguarding competition between mobile
operators, cannot be sufficiently achieved by the Member
States in a secure, harmonised and timely manner and can
therefore be better achieved at Community level, the Com-
munity may adopt measures, in accordance with the prin-
ciple of subsidiarity as set out in Article 5 of the Treaty.
In accordance with the principle of proportionality, as set
out in that Article, this Regulation does not go beyond
what is necessary in order to achieve those objectives.

(39)

This common approach should be established for a lim-
ited time period. This Regulation may, in the light of a
review to be carried out by the Commission, be extended
or amended. The Commission should review the effective-
ness of this Regulation and the contribution which it
makes to the implementation of the regulatory framework
and the smooth functioning of the internal market and
also examine the impact of this Regulation on the smaller
mobile telephony providers in the Community and their
position in the Community-wide roaming market,

(35)

In-country roaming in the outermost regions of the Com-
munity where mobile telephony licences are distinct from
those issued in respect of the rest of the national territory
could benefit from rate reductions equivalent to those
practised on the Community roaming market. The imple-
mentation of this Regulation should not give rise to less
favourable pricing treatment
customers using
in-country roaming services as opposed to customers
using Community-wide roaming services. To this end, the
national authorities may take additional measures consis-
tent with Community law.

for

(36)

In view of the fact that, in addition to voice telephony,
new mobile data communication services are gaining ever
more ground, this Regulation should make it possible to
monitor market developments in those services too. The
Commission, therefore, should also monitor the market
for roaming data communication services, including SMS
and MMS.

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1.
This Regulation introduces a common approach to ensur-
ing that users of public mobile telephone networks when travel-
ling within the Community do not pay excessive prices for
Community-wide roaming services when making calls and receiv-
ing calls, thereby contributing to the smooth functioning of the
internal market while achieving a high level of consumer protec-
tion, safeguarding competition between mobile operators and
preserving both incentives for innovation and consumer choice.
It lays down rules on the charges that may be levied by mobile
operators for the provision of international roaming services for
voice calls originating and terminating within the Community
and applies both to charges levied between network operators at
wholesale level and to charges levied by home providers at retail
level.

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This Regulation also lays down rules aimed at increasing
2.
price transparency and improving the provision of information
on charges to users of Community-wide roaming services.

This Regulation constitutes a specific measure within the

3.
meaning of Article 1(5) of the Framework Directive.

4.
The charge limits set out in this Regulation are expressed
in Euro. Where charges governed by Articles 3 and 4 are denomi-
nated in other currencies, the initial limits pursuant to those
Articles shall be determined in those currencies by applying the
reference exchange rates prevailing on 30 June 2007, as pub-
lished by the European Central Bank in the Official Journal of the
European Union. For the purposes of the subsequent reductions
in those limits provided for in Article 3(2) and Article 4(2), the
revised values shall be determined by applying the reference
exchange rates so published one month preceding the date from
which the revised values apply.

Article 2

Definitions

1.
For the purposes of this Regulation, the definitions set out
in Article 2 of the Access Directive, Article 2 of the Framework
Directive, and Article 2 of the Universal Service Directive shall
apply.

In addition to the definitions referred to in paragraph 1,

2.
the following definitions shall apply:

‘Eurotariff’ means any tariff not exceeding the maximum
charge, provided for in Article 4, which a home provider
may levy for the provision of regulated roaming calls in
compliance with that Article;

‘home provider’ means an undertaking that provides a roam-
ing customer with terrestrial public mobile telephony ser-
vices either via its own network or as a mobile virtual
network operator or reseller;

‘home network’ means a terrestrial public mobile telephone
network located within a Member State and used by a home
provider for the provision of terrestrial public mobile tele-
phony services to a roaming customer;

(a)

(b)

(c)

(d)

(e)

(f)

‘regulated roaming call’ means a mobile voice telephony call
made by a roaming customer, originating on a visited net-
work and terminating on a public telephone network within
the Community or received by a roaming customer, origi-
nating on a public telephone network within the Commu-
nity and terminating on a visited network;

‘roaming customer’ means a customer of a provider of ter-
restrial public mobile telephony services, by means of a ter-
restrial public mobile network situated in the Community,
whose contract or arrangement with his home provider per-
mits the use of a mobile telephone or other device to make
or to receive calls on a visited network by means of arrange-
ments between the operator of the home network and the
operator of the visited network;

(g)

‘visited network’ means a terrestrial public mobile telephone
network situated in a Member State other than that of the
home network and permitting a roaming customer to make
or receive calls by means of arrangements with the operator
of the home network.

Article 3

Wholesale charges for the making of regulated
roaming calls

1.
The average wholesale charge that the operator of a visited
network may levy from the operator of a roaming customer’s
home network for the provision of a regulated roaming call origi-
nating on that visited network, inclusive inter alia of origination,
transit and termination costs, shall not exceed EUR 0,30 per
minute.

2.
This average wholesale charge 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 expiry of
this Regulation. The maximum average wholesale charge shall
decrease to EUR 0,28 and EUR 0,26, on 30 August 2008 and
on 30 August 2009 respectively.

3.
The average wholesale charge referred to in paragraph 1
shall be calculated by dividing the total wholesale roaming rev-
enue received by the total number of wholesale roaming min-
utes sold for the provision of wholesale roaming calls within the
Community by the relevant operator over the relevant period.
The operator of the visited network shall be permitted to make a
distinction between peak and off-peak charges.

Article 4

Retail charges for regulated roaming calls

‘Community-wide roaming’ means the use of a mobile tele-
phone or other device by a roaming customer to make or
receive intra-Community calls while in a Member State other
than that in which his home network is located, by means
of arrangements between the operator of the home network
and the operator of the visited network;

1.
Home providers shall make available and actively offer to
all their roaming customers, clearly and transparently, a Eurotar-
iff as provided for in paragraph 2. This Eurotariff shall not entail
any associated subscription or other fixed or recurring charges
and may be combined with any retail tariff.

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When making this offer, home providers shall remind any of
their roaming customers who, before 30 June 2007, had chosen
a specific roaming tariff or package of the conditions applicable
to that tariff or package.

Article 6

Transparency of retail charges

2.
The retail charge (excluding VAT) of a Eurotariff which a
home provider may levy from its roaming customer for the pro-
vision of a regulated roaming call may vary for any roaming call
but shall not exceed EUR 0,49 per minute for any call made or
EUR 0,24 per minute for any call received. The price ceiling for
calls made shall decrease to EUR 0,46 and EUR 0,43, and for
calls received to EUR 0,22 and EUR 0,19, on 30 August 2008
and on 30 August 2009 respectively.

All roaming customers shall be offered a tariff as set out in

3.
paragraph 2.

All existing roaming customers shall be given the opportunity
by 30 July 2007 to opt deliberately for a Eurotariff or any other
roaming tariff, and shall be allowed a period of two months
within which to make their choice known to their home pro-
vider. The requested tariff shall be activated no later than one
month after receipt by the home provider of the customer’s
request.

Roaming customers who within that period of two months have
not expressed their choice shall automatically be provided with
a Eurotariff as set out in paragraph 2.

However, roaming customers who before 30 June 2007 had
already made a deliberate choice of a specific roaming tariff or
package other than the roaming tariff which they would have
been accorded in the absence of such choice, and who fail to
express a choice pursuant to this paragraph, shall remain on their
previously chosen tariff or package.

4.
Any roaming customer may request, at any point after the
process set out in paragraph 3 has been completed, to switch to
or from a Eurotariff. Any switch must be made within one work-
ing day of receipt of the request and free of charge and shall not
entail conditions or restrictions pertaining to other elements of
the subscription. A home provider may delay such a switch until
the previous roaming tariff has been effective for a minimum
specified period not exceeding three months.

Article 5

Application of Articles 3 and 6

1.

Article 3 shall apply from 30 August 2007.

2.

Article 6(1) and (2) shall apply from 30 September 2007.

1.
To alert a roaming customer to the fact that he will be sub-
ject to roaming charges when making or receiving a call, 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
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 by that customer in
the visited Member State.

This basic personalised pricing information shall include the
maximum charges the customer may be subject to under his tar-
iff scheme for making calls within the visited country and back
to the Member State of his home network, as well as for calls
received. It shall also include the free of charge number referred
to in paragraph 2 for obtaining more detailed information.

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 ser-
vice again.

Home providers shall provide blind or partially-sighted custom-
ers with this basic personalised pricing information automati-
cally, by voice call, free-of-charge, if they so request.

2.
In addition to paragraph 1, customers shall have the right
to request and receive, free of charge, more detailed personalised
pricing information on the roaming charges that apply to voice
calls, SMS, MMS and other data communication services, 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.

Home providers shall provide all users with full informa-
3.
tion on applicable roaming charges, in particular on the Eurotar-
iff, when subscriptions are taken out. They shall also provide
their roaming customers with updates on applicable roaming
charges without undue delay each time there is a change in these
charges.

Home providers shall take the necessary steps to secure aware-
ness by all their roaming customers of the availability of the Euro-
tariff. They shall
in particular communicate to all roaming
customers by 30 July 2007 the conditions relating to the Euro-
tariff in a clear and unbiased manner. They shall send a reminder
at reasonable intervals thereafter to all customers who have opted
for another tariff.

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Article 7

Supervision and enforcement

In the event of an unresolved dispute involving a consumer
2.
or end-user and concerning an issue falling within the scope of
this Regulation, the Member States shall ensure that the out-of-
court dispute resolution procedures laid down in Article 34 of
the Universal Service Directive are available.

National regulatory authorities shall monitor and super-

1.
vise compliance with this Regulation within their territory.

National regulatory authorities shall make up-to-date infor-
2.
mation on the application of this Regulation,
in particular
Articles 3 and 4, publicly available in a manner that enables inter-
ested parties to have easy access to it.

3.
National regulatory authorities shall in preparation for the
review provided for in Article 11, monitor developments in
wholesale and retail charges for the provision to roaming cus-
tomers of voice and data communications services, including
SMS and MMS, including in the outermost regions referred to in
Article 299(2) of the Treaty. National regulatory authorities shall
also be alert to the particular case of involuntary roaming in the
border regions of neighbouring Member States and monitor
whether traffic steering techniques are used to the disadvantage
of customers. They shall communicate the results of such moni-
toring to the Commission, including separate information on cor-
porate, post-paid and pre-paid customers, every six months.

4.
National regulatory authorities shall have the power to
require undertakings subject to obligations under this Regula-
tion to supply all information relevant to the implementation
and enforcement of this Regulation. Those undertakings shall
provide such information promptly on request and to the times-
cales and level of detail required by the national regulatory
authority.

5.
National regulatory authorities may intervene on their own
initiative in order to ensure compliance with this Regulation. In
particular, they shall, where necessary, make use of the powers
under Article 5 of the Access Directive to ensure adequate access
and interconnection in order to guarantee the end-to-end con-
nectivity and interoperability of roaming services.

6. Where a national regulatory authority finds that a breach
of the obligations set out in this Regulation has occurred, it shall
have the power to require the immediate cessation of such a
breach.

Article 8

Dispute resolution

1.
In the event of a dispute in connection with the obliga-
tions laid down in this Regulation between undertakings provid-
ing electronic communications networks or services in a Member
State, the dispute resolution procedures laid down in Articles 20
and 21 of the Framework Directive shall apply.

Article 9

Penalties

Member States shall lay down the rules on penalties applicable
to infringements of this Regulation and shall take all measures
necessary to ensure that they are implemented. The penalties pro-
vided for must be effective, proportionate and dissuasive. Mem-
ber States shall notify those provisions to the Commission no
later than 30 March 2008 and shall notify it without delay of
any subsequent amendment affecting them.

Article 10

Amendment to Directive 2002/21/EC (Framework
Directive)

The following paragraph shall be added to Article 1 of Directive
2002/21/EC (Framework Directive):

This Directive and the Specific Directives shall be without
‘5.
prejudice to any specific measure adopted for the regulation of
international roaming on public mobile telephone networks
within the Community.’

Article 11

Review

1.
The Commission shall review the functioning of this Regu-
lation and report to the European Parliament and the Council no
later than 30 December 2008. The Commission shall evaluate in
particular whether the objectives of this Regulation have been
achieved. In its report the Commission shall review develop-
ments in wholesale and retail charges for the provision to roam-
ing customers of voice and data communication services,
including SMS and MMS, and shall, if appropriate, include rec-
ommendations regarding the need to regulate these services. For
this purpose the Commission may use the information supplied
pursuant to Article 7(3).

2.
In its report, the Commission shall assess whether, in the
light of developments in the market and with regard to both
competition and consumer protection, there is need to extend
the duration of this Regulation beyond the period set out in
Article 13 or to amend it, taking into account the developments
in charges for mobile voice and data communication services at
national level and the effects of this Regulation on the competi-
tive situation of smaller, independent or newly started operators.
If the Commission finds that there is such a need, it shall submit
a proposal to the European Parliament and the Council.

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Article 12

Notification requirements

Article 13

Entry into force and expiry

Member States shall notify to the Commission no later than
30 August 2007 the identity of the national regulatory authori-
ties responsible for carrying out tasks under this Regulation.

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

It shall expire on 30 June 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 June 2007.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
A. MERKEL