natgillin/translations-raw huggingface dataset:
While bearing these reservations of principle in mind, he does recognise that the normal rules of competition have not worked in the case of this particular service of mobile telephony.
While bearing these reservations of principle in mind, he does recognise that the normal rules of competition have not worked in the case of this particular service of mobile telephony.
In view of the specific nature of international roaming markets and the cross-border nature of such services, the inadequacy of the current legislative framework, the inability of national regulators to intervene effectively, and the fact that in this case wholesale providers are situated in Member States different from the one in which consumers use their services, he agrees with the Commission on the urgent need to intervene by taking exceptional measures.
In view of the specific nature of international roaming markets and the cross-border nature of such services, the inadequacy of the current legislative framework, the inability of national regulators to intervene effectively, and the fact that in this case wholesale providers are situated in Member States different from the one in which consumers use their services, he agrees with the Commission on the urgent need to intervene by taking exceptional measures.
So within the framework laid down by the Commission, it seems appropriate to propose a few specific amendments, concerning:
So within the framework laid down by the Commission, it seems appropriate to propose a few specific amendments, concerning:
The draftsman considers that the 130 % margin proposed by the Commission is excessively low.
The draftsman considers that the 130 % margin proposed by the Commission is excessively low.
This threshold, which should cover both retail costs and profits, is likely to result in excessive pressure on the very aim of encouraging competition and diversity of supply.
This threshold, which should cover both retail costs and profits, is likely to result in excessive pressure on the very aim of encouraging competition and diversity of supply.
Prices are likely to end up uniformly positioned at the proposed upper limit and this could well have an adverse effect on small operators who are not aligned with the major European groups or partnerships, eliminating an incentive to competition, and more generally on the flexibility of charges.
Prices are likely to end up uniformly positioned at the proposed upper limit and this could well have an adverse effect on small operators who are not aligned with the major European groups or partnerships, eliminating an incentive to competition, and more generally on the flexibility of charges.
It is therefore proposed to set an upper retail price limit of 150 % of the proposed wholesale value.
It is therefore proposed to set an upper retail price limit of 150 % of the proposed wholesale value.
It is important to encourage transparency in retail prices by introducing the automatic requirement on mobile telephony service providers to supply subscribers with information on roaming charges when they cross the frontier.
It is important to encourage transparency in retail prices by introducing the automatic requirement on mobile telephony service providers to supply subscribers with information on roaming charges when they cross the frontier.
Finally, it is proposed to include SNS and MMS in the forthcoming review of the legal framework for electronic communications; these services are at present excluded from the proposal but are the subject of real tariff abuses.
Finally, it is proposed to include SNS and MMS in the forthcoming review of the legal framework for electronic communications; these services are at present excluded from the proposal but are the subject of real tariff abuses.
The Committee on Economic and Monetary Affairs calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments in its report:
The Committee on Economic and Monetary Affairs calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments in its report:
(14) A common mechanism, to be called the European Home Market Approach, should be employed for ensuring that users of public mobile telephone networks when travelling within the Community do not pay excessive prices for international roaming voice services when making calls or receiving voice calls, thereby achieving a high level of consumer protection while safeguarding competition between mobile operators.
(14) A common mechanism, to be called the European Home Market Approach, should be employed for ensuring that users of public mobile telephone networks when travelling within the Community do not pay excessive prices for international roaming voice services when making calls or receiving voice calls, thereby achieving a high level of consumer protection while safeguarding competition between mobile operators.
In view of the cross-border nature of the services concerned, a common mechanism is needed so that mobile operators are faced with a single coherent regulatory framework based on objectively established criteria.
In view of the cross-border nature of the services concerned, a common mechanism is needed so that mobile operators are faced with a single coherent regulatory framework based on objectively established criteria.
(14) A common mechanism, to be called the European Home Market Approach, should be employed for ensuring that users of public mobile telephone networks when travelling within the Community do not pay excessive prices for international roaming voice and data services when making calls or receiving voice calls or using data services , thereby achieving a high level of consumer protection while safeguarding competition between mobile operators.
(14) A common mechanism, to be called the European Home Market Approach, should be employed for ensuring that users of public mobile telephone networks when travelling within the Community do not pay excessive prices for international roaming voice and data services when making calls or receiving voice calls or using data services , thereby achieving a high level of consumer protection while safeguarding competition between mobile operators.
To secure effective retail competition and ensure that all mobile operators in the Community are able to compete effectively, mobile operators should be under an obligation to provide wholesale international roaming services to all other operators based in the Community upon request.
To secure effective retail competition and ensure that all mobile operators in the Community are able to compete effectively, mobile operators should be under an obligation to provide wholesale international roaming services to all other operators based in the Community upon request.
In order to compete effectively mobile operators should be obliged to provide wholesale international roaming services to all other operators.
In order to compete effectively mobile operators should be obliged to provide wholesale international roaming services to all other operators.
RECITAL 15
RECITAL 15
(15) The most effective and proportionate mechanism for regulating the level of prices for making international roaming calls in accordance with the above considerations is the setting at Community level of maximum per-minute charges at both retail and wholesale level.
(15) The most effective and proportionate mechanism for regulating the level of prices for making international roaming calls in accordance with the above considerations is the setting at Community level of maximum per-minute charges at both retail and wholesale level.
(15) The most effective and proportionate mechanism for regulating the level of prices for making international roaming voice calls in accordance with the above considerations is the setting at Community level of maximum per-minute charges at both retail and wholesale level.
(15) The most effective and proportionate mechanism for regulating the level of prices for making international roaming voice calls in accordance with the above considerations is the setting at Community level of maximum per-minute charges at both retail and wholesale level.
For data services, in view of the speed of technological change and the growing role of the short message service (SMS) and the multimedia messaging service (MMS), national regulatory authorities and the Commission should supervise wholesale and retail data prices, including SMS and MMS charges, and include them in the future review of the legal framework in the event that prices do not decrease.
For data services, in view of the speed of technological change and the growing role of the short message service (SMS) and the multimedia messaging service (MMS), national regulatory authorities and the Commission should supervise wholesale and retail data prices, including SMS and MMS charges, and include them in the future review of the legal framework in the event that prices do not decrease.
RECITAL 26
RECITAL 26
(26) In order to improve the transparency of retail prices for making and receiving roaming calls within the Community and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information on the roaming charges applicable to them in the visited Member State concerned , on request and free of charge.
(26) In order to improve the transparency of retail prices for making and receiving roaming calls within the Community and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information on the roaming charges applicable to them in the visited Member State concerned , on request and free of charge.
Transparency also requires that providers furnish information on roaming charges when subscriptions are taken out and that they also give their customers periodic updates on roaming charges as well as in the event of substantial changes.
Transparency also requires that providers furnish information on roaming charges when subscriptions are taken out and that they also give their customers periodic updates on roaming charges as well as in the event of substantial changes.
(26) In order to improve the transparency of retail prices for making and receiving roaming calls within the Community and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to receive information on the existence of steering agreements between the home provider and the provider of the visited network and on the roaming charges applicable to them in the visited Member State concerned free of charge.
(26) In order to improve the transparency of retail prices for making and receiving roaming calls within the Community and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to receive information on the existence of steering agreements between the home provider and the provider of the visited network and on the roaming charges applicable to them in the visited Member State concerned free of charge.
This information should include the charges for making and receiving calls in the Member State concerned.
This information should include the charges for making and receiving calls in the Member State concerned.
RECITAL 27
RECITAL 27
(27) The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for electronic communications should have the powers needed to supervise and enforce the obligations in this Regulation within their territory.
(27) The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for electronic communications should have the powers needed to supervise and enforce the obligations in 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, in particular as regards the specific costs related to roaming calls made in the outermost regions of the Community and the necessity to ensure that these costs can be adequately recovered on the wholesale market.
They should also monitor developments in the pricing of voice and data services for mobile customers when roaming within the Community, in particular as regards the specific costs related to roaming calls made in the outermost regions of the Community and the necessity to ensure that these costs can be adequately recovered on the wholesale market.
They should ensure that up-to-date information on the application of this Regulation is made available to mobile users.
They should ensure that up-to-date information on the application of this Regulation is made available to mobile users.
The national regulatory authorities should communicate the results of such monitoring to the Commission every six month starting from the date of entry into force of this Regulation.
The national regulatory authorities should communicate the results of such monitoring to the Commission every six month starting from the date of entry into force of this Regulation.
They should also ensure that up-to-date information on the application of this Regulation is made available to mobile users.
They should also ensure that up-to-date information on the application of this Regulation is made available to mobile users.
RECITAL 31
RECITAL 31
(31) This Regulation should be reviewed no later than two years after its entry into force, to ensure that it remains necessary and appropriate to the conditions prevailing in the electronic communications market at the time.
(31) This Regulation should be reviewed no later than two years after its entry into force, to ensure that it remains necessary and appropriate to the conditions prevailing in the electronic communications market at the time.
(31) This Regulation aims at correcting a situation of deficient functioning of the market through the introduction of measures that restore immediately an effective competition which grants benefits to consumers.
(31) This Regulation aims at correcting a situation of deficient functioning of the market through the introduction of measures that restore immediately an effective competition which grants benefits to consumers.
It does not have a permanent vocation and therefore it should be reviewed no later than two years after its entry into force, to ensure that legal intervention regulating the wholesale and retail charges remains necessary and appropriate to the conditions prevailing in the electronic communications market at the time and to examine whether the Regulation should be repealed or temporily substituted by a less restrictive measure .
It does not have a permanent vocation and therefore it should be reviewed no later than two years after its entry into force, to ensure that legal intervention regulating the wholesale and retail charges remains necessary and appropriate to the conditions prevailing in the electronic communications market at the time and to examine whether the Regulation should be repealed or temporily substituted by a less restrictive measure .
RECITAL 31 A (new)
RECITAL 31 A (new)
(31a) The application of this Regulation shall be postponed as regards Bulgaria and Romania , pending the outcome of a specific impact assessment to be carried out by the Commission in relation to those Member States.
(31a) The application of this Regulation shall be postponed as regards Bulgaria and Romania , pending the outcome of a specific impact assessment to be carried out by the Commission in relation to those Member States.
In any event, the implementation of any cap on roaming wholesale and retail charges should be phased in by means of a glide path for Bulgaria and Romania .
In any event, the implementation of any cap on roaming wholesale and retail charges should be phased in by means of a glide path for Bulgaria and Romania .
The markets in Bulgaria and Romania are relatively immature and need vital investments in network improvements.
The markets in Bulgaria and Romania are relatively immature and need vital investments in network improvements.
It is thus essential to have a specific impact analysis on those two new member states before implementing the Roaming Regulation.
It is thus essential to have a specific impact analysis on those two new member states before implementing the Roaming Regulation.
ARTICLE 1, PARAGRAPH -1 (new)
ARTICLE 1, PARAGRAPH -1 (new)
This Regulation lays down rules for increasing price transparency and improving the provision of tariff information to consumers in international roaming services.
This Regulation lays down rules for increasing price transparency and improving the provision of tariff information to consumers in international roaming services.
The purposes of the regulation should include that of laying down rules to increase price transparency and improve the provision of information to consumers of international roaming services.
The purposes of the regulation should include that of laying down rules to increase price transparency and improve the provision of information to consumers of international roaming services.
ARTICLE 2, PARAGRAPH 2, POINTS (E A) AND (E B) (new)
ARTICLE 2, PARAGRAPH 2, POINTS (E A) AND (E B) (new)
(ea) “new roaming customers” means those roaming customers referred to in point (e) who, after the obligations under Article 4 have come into effect, have (i) signed a contract with a home provider for the first time, (ii) signed a contract with a new home provider, or (iii) purchased a prepaid subscriber identity model (SIM)-card;
(ea) “new roaming customers” means those roaming customers referred to in point (e) who, after the obligations under Article 4 have come into effect, have (i) signed a contract with a home provider for the first time, (ii) signed a contract with a new home provider, or (iii) purchased a prepaid subscriber identity model (SIM)-card;
(eb) “existing roaming customers” means roaming customers referred to in point (e) not falling within the scope of the definition set out in point (ea) or new roaming customers who have opted out of the consumer protection tariff provided for in Article 4.
(eb) “existing roaming customers” means roaming customers referred to in point (e) not falling within the scope of the definition set out in point (ea) or new roaming customers who have opted out of the consumer protection tariff provided for in Article 4.
The amendment introduces definitions of ‘new roaming customers’ and ‘existing roaming customers’, consistently with tabled amendments.
The amendment introduces definitions of ‘new roaming customers’ and ‘existing roaming customers’, consistently with tabled amendments.
ARTICLE 3, TITLE
ARTICLE 3, TITLE
Wholesale charges for the making of regulated roaming calls
Wholesale charges for the making of regulated roaming calls
Wholesale charges for regulated roaming calls
Wholesale charges for regulated roaming calls
The separate cap for local and other calls will cause big confusion.
The separate cap for local and other calls will cause big confusion.
Therefore a single higher cap equal to the average mobile termination rate published pursuant to Article 10(3) multiplied by a factor of 3.0 would be more adequate.
Therefore a single higher cap equal to the average mobile termination rate published pursuant to Article 10(3) multiplied by a factor of 3.0 would be more adequate.
Retail charges for the making of regulated roaming calls
Retail charges for the making of regulated roaming calls
Retail charges for regulated roaming calls
Retail charges for regulated roaming calls
The proposed upper limits on retail prices of call charges are too low and leave no space for creative competition amongst different types of operators and services.
The proposed upper limits on retail prices of call charges are too low and leave no space for creative competition amongst different types of operators and services.
Therefore it is necessary to set a single and higher average retail cap in combination with maximum price caps for individual calls, in order to allow more flexibility for the operators and thus better services for the consumers.
Therefore it is necessary to set a single and higher average retail cap in combination with maximum price caps for individual calls, in order to allow more flexibility for the operators and thus better services for the consumers.
ARTICLE 4 A (new)
ARTICLE 4 A (new)
Article 4a
Article 4a
Consumer protection tariff
Consumer protection tariff
Home providers shall be obliged to make available to all roaming customers, clearly and transparently, a consumer protection tariff complying with paragraph 2.
Home providers shall be obliged to make available to all roaming customers, clearly and transparently, a consumer protection tariff complying with paragraph 2.
The retail charge per minute (excluding VAT), which a home provider may levy from its roaming customers for the provision of roaming calls may not exceed EUR 0,50 for calls made and EUR 0,25 for calls received.
The retail charge per minute (excluding VAT), which a home provider may levy from its roaming customers for the provision of roaming calls may not exceed EUR 0,50 for calls made and EUR 0,25 for calls received.
Existing roaming customers shall be given the opportunity to switch to the consumer protection tariff.
Existing roaming customers shall be given the opportunity to switch to the consumer protection tariff.
The switch shall be free of charge and may not be subject to conditions and restrictions pertaining to existing elements of the subscription.
The switch shall be free of charge and may not be subject to conditions and restrictions pertaining to existing elements of the subscription.
The consumer protection tariff shall be offered automatically to new roaming customers taking out a subscription, unless they deliberately opt for another tariff.
The consumer protection tariff shall be offered automatically to new roaming customers taking out a subscription, unless they deliberately opt for another tariff.
In the event that a new roaming customer deliberately opts for another tariff, the customer shall be free to revert to the consumer protection tariff within a maximum period of 6 months, while retaining the other elements of the subscription.
In the event that a new roaming customer deliberately opts for another tariff, the customer shall be free to revert to the consumer protection tariff within a maximum period of 6 months, while retaining the other elements of the subscription.
The charge limits in this Article shall include any fixed elements associated with the provision of regulated roaming calls, such as call set-up charges or opt-in fees.
The charge limits in this Article shall include any fixed elements associated with the provision of regulated roaming calls, such as call set-up charges or opt-in fees.
ARTICLE 6
ARTICLE 6
Retail charges for the receipt of calls while roaming in the Community
Retail charges for the receipt of calls while roaming in the Community
The total retail charge, excluding VAT, which a home provider may levy from its roaming customer in respect of the receipt by that customer of voice telephony calls while roaming on a visited network shall not exceed, on a per minute basis, 130% of the average mobile termination rate published pursuant to Article 10(3).
The total retail charge, excluding VAT, which a home provider may levy from its roaming customer in respect of the receipt by that customer of voice telephony calls while roaming on a visited network shall not exceed, on a per minute basis, 130% of the average mobile termination rate published pursuant to Article 10(3).