<p>
EN
EN
EUROPEAN
COMMISSION
Brussels, XXX
[…](2016) XXX draft
COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
laying down detailed rules on the application of fair use policy and on the methodology
for assessing the sustainability of the abolition of retail roaming surcharges and on the
application to be submitted by a roaming provider for the purposes of that assessment
(Text with EEA relevance)
Ref. Ares(2016)4977189 - 05/09/2016
EN
2
EN
COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
laying down detailed rules on the application of fair use policy and on the methodology
for assessing the sustainability of the abolition of retail roaming surcharges and on the
application to be submitted by a roaming provider for the purposes of that assessment
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 531/2012 of the European Parliament and of the
Council of 13 June 2012 on roaming on public mobile communications networks within the
Union
1
, and in particular Article 6d(1) thereof,
After consulting the Body of European Regulators for Electronic Communications (BEREC),
Whereas:
(1)
Pursuant to Regulation (EU) No 531/2012, roaming providers should not levy any
surcharge additional to the domestic retail price on roaming customers in any Member
State, for any regulated roaming call made or received, any regulated roaming SMS
message sent or any regulated data roaming service used, including MMS messages,
subject to a 'fair use policy'. This provision applies from 15 June 2017, provided that
the legislative act to be adopted further to the proposal on the wholesale roaming
market referred to in Article 19(2) of that Regulation has become applicable by that
date.
(2)
Regulation (EU) No 531/2012 provides that in specific and exceptional circumstances
a roaming provider may apply to its national regulatory authority for an authorisation
to appl