HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 172/10
EN
Official Journal of the European Union
30.6.2012
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
(recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
Union-wide roaming services can stimulate the devel
EUROPEAN UNION,
opment of an internal telecommunications market in
the Union.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 114 thereof,
(3) An
internal
telecommunications
market
cannot
be
said
to exist while there are significant differences between
domestic and roaming prices. Therefore the ultimate
Having regard to the proposal from the European Commission,
aim should be to eliminate the difference between
domestic charges and roaming charges, thus establishing
an internal market for mobile communication services.
After transmission of the draft legislative act to the national
parliaments,
(4) The
high
level
of
voice,
SMS
and
data
roaming
prices
payable by users of public mobile communication
networks, such as students, business travellers and
Having regard to the opinion of the European Economic and
tourists, acts as an obstacle to using their mobile
Social Committee ( 1 ),
devices when travelling abroad within the Union and is
a matter of concern for consumers, national regulatory
authorities, and the Union institutions, constituting a
After consulting the Committee of the Regions,
significant barrier to the internal market. The excessive
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
Acting in accordance with the ordinary legislative procedure ( 2 ),
customer’s own network operator. Due to a lack of
competition, reductions in wholesale charges are often
not passed on to the retail customer. Although some
Whereas:
operators have recently introduced tariff schemes that
offer customers more favourable conditions and
somewhat lower prices, there is still evidence that the
(1) Regulation
(EC) No
717/2007 of the European
relationship between costs and prices is far from what
Parliament and of the Council of 27 June 2007 on
would prevail in competitive markets.
roaming on public mobile communications networks
within the Community
( 3 ) has been substantially
amended ( 4 ). Since further amendments are to be made,
(5)
High roaming charges constitute an impediment to the
it should be recast in the interests of clarity.
Union’s efforts to develop into a knowledge-based
economy and to the realisation of an internal market
of 500 million consumers. Mobile data traffic is
facilitated by allocating sufficient radio spectrum in
(2) The
objective
of
reducing
the
difference
between
national
and roaming tariffs, which was included in the Commis
order for consumers and businesses to use voice, SMS
sion’s Benchmarking Framework 2011-2015, endorsed
and data services anywhere in the Union. By providing
by the i2010 High Level Group in November 2009,
for the allocation of sufficient and appropriate spectrum
and included in the Commission Communication
in a timely manner to support Union policy objectives
entitled ‘A Digital Agenda for Europe’, should also
and to best meet the increasing demands for wireless
remain the goal of this Regulation. The envisaged
data traffic, the multiannual radio spectrum policy
separate sale of roaming services and domestic services
programme established by Decision No 243/2012/EU
should increase competition and therefore lower the
of the European Parliament and of the Council ( 5 ) will
prices for customers and create an internal market for
pave the way for a development that will allow the
roaming services in the Union with no significant differ
Union to take the global lead on broadband speeds,
entiation between national and roaming tariffs.
mobility, coverage and capacity, facilitating the
emergence of new business models and technologies,
thereby contributing to reducing the structural
( 1 ) OJ C 24, 28.1.2012, p. 131.
problems at roaming wholesale level.
( 2 ) Position of the European Parliament of 10 May 2012 (not yet
published in the Official Journal) and decision of the Council of
30 May 2012.
( 5 ) Decision No 243/2012/EU of the European Parliament and of the
( 3 ) OJ L 171, 29.6.2007, p. 32.
Council of 14 March 2012 establishing a multiannual radio
( 4 ) See Annex I.
spectrum policy programme (OJ L 81, 21.3.2012, p. 7).

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EN
30.6.2012 Official
Journal
of
the
European
Union L
172/11
(6) The
widespread
use
of
internet-enabled
mobile
devices (11) Regulation
(EC)
No
717/2007
is
not
an
isolated
measure,
means that data roaming is of great economic signifi
but complements and supports, insofar as Union-wide
cance. This is a decisive criterion for both users and
roaming is concerned, the rules provided for by the
providers of applications and content. In order to
2002 regulatory framework for electronic communi
stimulate the development of this market, charges for
cations. That framework has not provided national regu
data transport should not impede growth.
latory authorities with sufficient tools to take effective
and decisive action with regard to the pricing of
roaming services within the Union and thus fails to
(7)
The Commission noted in its Communication entitled
ensure the smooth functioning of the internal market
‘On the interim report on the state of development of
for roaming services. Regulation (EC) No 717/2007 was
roaming services within the European Union’ that tech
an appropriate means of correcting this situation.
nological developments and/or the alternatives to
roaming services, such as availability of Voice over
Internet Protocol (VoIP) or Wi-Fi, may render the
(12) The
2002
regulatory
framework
for
electronic
communi
internal market for roaming services in the Union
cations draws on the principle that ex-ante regulatory
more competitive. While these alternatives, in particular
obligations should only be imposed where there is not
VoIP services, are increasingly being used at the domestic
effective competition, providing for a process of periodic
level, there have been no significant developments in
market analysis and review of obligations by national
their use when roaming.
regulatory authorities, leading to the imposition of ex-
ante obligations on operators designated as having
significant market power. The elements constituting this
(8) Given
the
rapid
development
of
mobile
data
traffic
and
process include the definition of relevant markets in
the increasing amount of customers using voice, SMS
accordance with the Commission’s Recommendation on
and data roaming services abroad, there is a need to
relevant product and service markets within the elec
increase the competitive pressure, to develop new
tronic communications sector susceptible to ex ante regu
business models and technologies. The regulation of
lation in accordance with Directive 2002/21/EC ( 6 ) (here
roaming charges should be designed in a way that does
inafter referred to as ‘the Recommendation’), the analysis
not discourage competition towards lower price levels.
of the defined markets in accordance with the Commis
sion’s guidelines on market analysis and the assessment
of significant market power under the Union regulatory
(9) The
creation
of
a
European
social,
educational,
cultural
framework for electronic communications networks and
and entrepreneurial area based on the mobility of indi
services ( 7 ), the designation of operators with significant
viduals and digital data should facilitate communication
market power and the imposition of ex-ante obligations
between people in order to build a real ‘Europe for
on operators so designated.
Citizens’.
(13) The
Recommendation
identified
as
a
relevant
market
(10) Directive
2002/19/EC
of
the
European
Parliament
and
of
susceptible to ex-ante regulation the wholesale national
the Council of 7 March 2002 on access to, and inter
market for international roaming on public mobile
connection of, electronic communications networks and
networks. However, the work undertaken by the
associated facilities (Access Directive)
( 1 ), Directive
national regulatory authorities, both individually and
2002/20/EC of the European Parliament and of the
within the European Regulators Group (ERG) and its
Council of 7 March 2002 on the authorisation of elec
successor the Body of European Regulators for Electronic
tronic communications networks and services (Authori
Communications (BEREC) established by Regulation (EC)
sation Directive)
( 2 ), Directive 2002/21/EC of the
No 1211/2009 of the European Parliament and of the
European Parliament and of the Council of 7 March
Council ( 8 ), in analysing the wholesale national markets
2002 on a common regulatory framework for electronic
for international roaming has demonstrated that it has
communications networks and services (Framework
not yet been possible for a national regulatory authority
Directive) ( 3 ), Directive 2002/22/EC of the European
to address effectively the high level of wholesale Union-
Parliament and of the Council of 7 March 2002 on
wide roaming charges because of the difficulty in iden
universal service and users’ rights relating to electronic
tifying undertakings with significant market power in
communications networks and services (Universal Service
view of the specific circumstances of international
Directive) ( 4 ) and Directive 2002/58/EC of the European
roaming, including its cross-border nature. Following
Parliament and of the Council of 12 July 2002
the entry into force of Regulation (EC) No 717/2007,
concerning the processing of personal data and the
the roaming market was withdrawn from the revised
protection of privacy in the electronic communications
Recommendation ( 9 ).
sector (Directive on privacy and electronic communi
cations) ( 5 ) (hereinafter together referred to as ‘the 2002
( 6 ) OJ L 114, 8.5.2003, p. 45.
regulatory framework for electronic communications’)
( 7 ) OJ C 165, 11.7.2002, p. 6.
aim to create an internal market for electronic communi
( 8 ) Regulation (EC) No 1211/2009 of the European Parliament and of
cations within the Union while ensuring a high level of
the Council of 25 November 2009 establishing the Body of
consumer protection through enhanced competition.
European Regulators for Electronic Communications (BEREC) and
the Office (OJ L 337, 18.12.2009, p. 1).
( 9 ) Commission Recommendation of 17 December 2007 on relevant
( 1 ) OJ L 108, 24.4.2002, p. 7.
product and service markets within the electronic communications
( 2 ) OJ L 108, 24.4.2002, p. 21.
sector susceptible to ex ante regulation in accordance with Directive
( 3 ) OJ L 108, 24.4.2002, p. 33.
2002/21/EC of the European Parliament and of the Council on a
( 4 ) OJ L 108, 24.4.2002, p. 51.
common regulatory framework for electronic communications
( 5 ) OJ L 201, 31.7.2002, p. 37.
networks and services (OJ L 344, 28.12.2007, p. 65).

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L 172/12
EN
Official Journal of the European Union
30.6.2012
(14) In addition, the national regulatory authorities
(19) The
retail
and
wholesale
roaming
markets
exhibit
unique
responsible for safeguarding and promoting the
characteristics which justify exceptional measures which
interests of mobile customers normally resident within
go beyond the mechanisms otherwise available under the
their territory are not able to control the behaviour of
2002 regulatory framework for electronic communi
the visited network operators, situated in other Member
cations.
States, on whom those customers depend when using
international roaming services. This obstacle could also
diminish the effectiveness of measures taken by Member
States based on their residual competence to adopt
(20) A
common,
harmonised
approach
should
be
employed
consumer protection rules.
for ensuring that users of terrestrial public mobile
communication networks when travelling within the
Union do not pay excessive prices for Union-wide
roaming services, thereby enhancing competition
concerning roaming services between roaming providers,
(15) Accordingly,
there
is
pressure
for
Member
States
to
take
achieving a high level of consumer protection and
measures to address the level of international roaming
preserving both incentives for innovation and consumer
charges, but the mechanism for ex-ante regulatory inter
choice. In view of the cross-border nature of the services
vention by national regulatory authorities provided by
concerned, this common approach is needed so that
the 2002 regulatory framework for electronic communi
roaming providers can operate within a single coherent
cations has not proved sufficient to enable those auth
regulatory framework based on objectively established
orities to act decisively in the consumers’ interest in this
criteria.
specific area.
(21) Regulation
(EC)
No
717/2007
is
to
expire
on
30
June
2012. Prior to its expiry, the Commission has carried out
(16) Furthermore,
the European Parliament resolution on
a review in accordance with Article 11 thereof, where it
European electronic communications regulation and
was required to evaluate whether the objectives of that
markets (
Regulation had been achieved and to review devel

1 ) called on the Commission to develop new
initiatives to reduce the high costs of cross-border
opments in wholesale and retail charges for the
mobile telephone traffic, while the European Council of
provision to roaming customers of voice, SMS and data
23 and 24 March 2006 concluded that focused, effective
communications services. In its report to the European
and integrated information and communication tech
Parliament and the Council of 6 July 2011 on the
nology (ICT) policies both at Union and national level
outcome of the review of the functioning of Regulation
are essential to achieving the goals of economic growth
(EC) No 717/2007, the Commission concluded that it
and productivity and noted in this context the
was appropriate to extend the applicability of Regulation
importance for competitiveness of reducing roaming
(EC) No 717/2007 beyond 30 June 2012.
charges.
(22) Data
on
the
development
of
prices
for
Union-wide
voice,
SMS and data roaming services since the entry into force
of Regulation (EC) No 717/2007, including in particular
(17) The
2002
regulatory
framework
for
electronic
communi
those collected on a quarterly basis by national regulatory
cations, on the basis of considerations apparent at that
authorities and reported through the medium of the
time, was aimed at removing all barriers to trade between
BEREC, do not provide evidence to suggest that
Member States in the area that it harmonised, inter alia,
competition at the retail or wholesale levels has
measures which affect roaming charges. However, this
reasonably developed and is likely to be sustainable
should not prevent the adaptation of harmonised rules
from June 2012 onwards in the absence of regulatory
in step with other considerations in order to find the
measures. Such data indicates that retail and wholesale
most effective means of enhancing competition in the
roaming prices are still much higher than domestic prices
internal market for roaming services and achieving a
and continue to cluster at or close to the limits set by
high level of consumer protection.
Regulation (EC) No
717/2007, with only limited
competition below those limits.
(18) This
Regulation
should
therefore
allow
for
a
departure
(23) The
expiry
on
30
June
2012
of
the
regulatory
safeguards
from the rules otherwise applicable under the 2002 regu
which apply to Union-wide roaming services at wholesale
latory framework for electronic communications, in
and retail levels by virtue of Regulation (EC)
particular the Framework Directive, namely that prices
No 717/2007 would therefore give rise to a significant
for service offerings should be determined by commercial
risk that the underlying lack of competitive pressures in
agreement in the absence of significant market power,
the internal market for roaming services and the
and to thereby accommodate the introduction of
incentive for roaming providers to maximise their
complementary regulatory obligations which reflect the
roaming revenues would result in retail and wholesale
specific characteristics of Union-wide roaming services.
prices for Union-wide roaming that do not constitute a
reasonable reflection of the underlying costs involved in
( 1 ) OJ C 285 E, 22.11.2006, p. 143.
the provision of the service, thereby jeopardising the

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EN
30.6.2012 Official
Journal
of
the
European
Union L
172/13
objectives of that Regulation. Regulatory intervention in
the regulatory obligations laid down in this Regulation
the market for mobile roaming services should therefore
applicable at the wholesale level and should take into
be extended beyond 30 June 2012 in order to ensure the
account the different cost elements necessary for the
smooth functioning of the internal market by allowing
provision of such access. A consistent regulatory
competition to develop, while at the same time guaran
approach to the wholesale access for the provision of
teeing that consumers continue to benefit from the
roaming services should contribute to avoiding
assurance that they will not be charged an excessive
distortions between Member States. BEREC should, in
price, in comparison with competitive national prices.
coordination with the Commission and in collaboration
with the relevant stakeholders, issue guidelines for
wholesale access for the purpose of providing roaming
services.
(24) The
policy
objective
laid down in Article 8 of the
Framework Directive concerning end users’ ability to
access and distribute information or run applications
and services of their choice should be promoted by
(27) A
wholesale
roaming
access
obligation
should
include
national regulatory authorities.
the provision of direct wholesale roaming services as
well as the provision of roaming services on a
wholesale basis for resale by third parties. The
wholesale roaming access obligation should also cover
mobile network operator’s obligation to enable MVNOs
(25) In
order
to
allow
for
the
development
of
a
more
efficient,
and resellers to purchase regulated wholesale roaming
integrated and competitive market for roaming services,
services from wholesale aggregators which provide a
there should be no restrictions that prevent undertakings
single point of access and a standardised platform to
from effectively negotiating wholesale access for the
roaming agreements all over the Union. In order to
purpose of providing roaming services. Obstacles to
ensure that operators provide access to all facilities
access to such wholesale roaming services, due to
necessary for direct wholesale roaming access and
differences in negotiating power and in the degree of
wholesale roaming resale access to roaming providers
infrastructure ownership of undertakings should be
within a reasonable period of time, a reference offer
removed. Mobile virtual network operators (MVNOs)
should be published containing the standard conditions
and resellers of mobile communication services without
for direct wholesale roaming access and wholesale
their own network infrastructure typically provide
roaming resale access. The publication of the reference
roaming services based on commercial wholesale
offer should not prevent commercial negotiations
roaming agreements with their host mobile network
between access seeker and access provider on the price
operators in the same Member State. Commercial negoti
level of the final wholesale agreement or on additional
ations, however, may not leave enough margin to
wholesale access services that go beyond those necessary
MVNOs and resellers for stimulating competition
for direct wholesale roaming access and wholesale
through lower prices. The removal of those obstacles
roaming resale access.
and balancing the negotiation power between MVNOs/
resellers and mobile network operators by an access
obligation and wholesale caps should facilitate the devel
opment of alternative, innovative and Union-wide
roaming services and offers for customers. The rules of
the 2002 regulatory framework for electronic communi
(28) A
wholesale
roaming access
obligation should cover
cations, in particular of the Framework Directive and
access to all the components necessary to enable the
Access Directive, do not allow this problem to be
provision of roaming services, such as: network
addressed via the imposition of obligations on
elements and associated facilities; relevant software
operators with significant market powers.
systems including operational support systems;
information systems or databases for pre-ordering,
provisioning, ordering, maintaining and repair requests,
and billing; number translation or systems offering
equivalent functionality; mobile networks and virtual
network services.
(26) Therefore
rules
should
be
introduced
to
lay
down
the
obligation to meet reasonable requests for wholesale
access to public mobile communications networks for
the purpose of providing roaming services. Such access
should be in line with the needs of those seeking access.
Access should be refused only on the basis of objective
(29) If
access
seekers
for
wholesale
roaming
resale
request
criteria, such as technical feasibility and the need to
access to facilities or services in addition to what is
maintain network integrity. Where access is refused, the
necessary for the provision of retail roaming services,
aggrieved party should be able to submit the case for
mobile network operators may recover fair and
dispute resolution in accordance with the procedure set
reasonable charges for those facilities or services. Those
out in this Regulation. In order to ensure a level playing
additional facilities or services could, inter alia, be value-
field, wholesale access for the purpose of providing
added services, additional software and information
roaming services should be granted in accordance with
systems or billing arrangements.

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L 172/14
EN
Official Journal of the European Union
30.6.2012
(30) Mobile
communications services
are sold in bundles
alternative data roaming services, provided directly on a
including both domestic and roaming services, which
visited network, temporarily or permanently, regardless
limits customer choice for roaming services. Such
of existing roaming contracts or arrangements with
bundles reduce transparency concerning roaming
domestic providers and without any additional charge
services, since it is difficult to compare individual items
levied by them. When it is required, in order to offer
within the bundles. Consequently, competition among
data roaming services, provided directly on a visited
operators on the basis of the roaming element in the
network, domestic providers and providers of data
mobile bundle is not yet apparent. Facilitating the avail
roaming services should collaborate in order not to
ability of roaming as a stand-alone service would address
prevent customers from accessing and using those
structural problems by raising consumer awareness of
services and to ensure service continuity of other
roaming prices, allowing distinct consumer choice
roaming services.
concerning roaming services and thus increasing
competitive pressure on the demand side. This will
therefore contribute to the smooth functioning of the
internal market for roaming services.
(35) While
this
Regulation
should
not
lay
down
any
particular
technical modalities for the separate sale of roaming
services, but instead pave the way for the most
(31) Consumer
and
business
demand
for
mobile
data
services
effective and efficient solution, including a combined
has increased significantly in recent years. However, due
solution, to be developed by the Commission based on
to high data roaming charges, the use of those services is
input from BEREC, criteria should be laid down with
severely constrained for consumers and businesses
regard to the technical characteristics which should be
operating across borders in the Union. Given the
met by the technical solution for the separate sale of
infancy of the market and the rapidly increasing
roaming services. Those criteria should include, inter
consumer demand for data roaming, regulated retail
alia, the introduction of the solution in a coordinated
charges might only keep prices around the proposed
and harmonised manner across the Union and should
maximum charges themselves, as experienced in
ensure that consumers are able to quickly and easily
relation to Regulation (EC) No 717/2007, instead of
choose a different provider for roaming services
pushing them down further, which therefore confirms
without changing their number. Furthermore, roaming
the need for further structural measures.
outside the Union or by third-country customers inside
the Union should not be impeded.
(32) Customers
should
be
able
to
switch
easily,
within
the
shortest possible time depending on the technical
solution, without penalty and free of charge to an alter
(36) Increased
cooperation
and
coordination
among
mobile
native roaming provider or between alternative roaming
network operators should be established to technically
providers. Customers should be informed in a clear,
enable a coordinated and sound technical evolution of
understandable and easily accessible form about this
the provision of separate roaming services, and not
possibility.
preventing access to data roaming services provided
directly on a visited network. Therefore, the relevant
basic principles and methodologies should be elaborated,
in order to allow a rapid adaptation to changed circum
(33) Consumers
should
have
the
right
to
opt,
in
a
consumer-
stances and technological advancement. BEREC should,
friendly way, for the separate sale of roaming services
in collaboration with the relevant stakeholders, assist
from their domestic mobile package. There are
the Commission to develop technical elements in order
currently several ways in which the separate sale of
to enable the separate sale of roaming services and in
regulated retail roaming services could be technically
order not to prevent access to data roaming services
implemented, including dual International Mobile
provided directly on a visited network. If necessary, the
Subscriber Identity (IMSI) (two separate IMSI on the
Commission should give a mandate to a European stan
same SIM card), single IMSI (the sharing of one IMSI
dardisation body for the amendment of the relevant
between the domestic and roaming providers) and
standards that are necessary for the harmonised imple
combinations of dual or single IMSI together with the
mentation of the separate sale of regulated retail roaming
technical modality that does not prevent the customer
services.
from accessing regulated data roaming services provided
directly on a visited network, by means of arrangements
between the home network operator and the visited
network operator.
(37) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of the provisions of this Regulation, implementing
powers should be conferred on the Commission in
(34) High
data
roaming
prices
are
deterring
customers
from
respect of detailed rules on information obligations of
using mobile data services when travelling in the Union.
domestic providers and on a technical solution for the
Given the increasing demand and importance of data
separate sale of roaming services. Those powers should
roaming services, there should be no obstacles to using
be exercised in accordance with Regulation (EU)

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EN
30.6.2012 Official
Journal
of
the
European
Union L
172/15
No 182/2011 of the European Parliament and of the
level of prices for making and receiving intra-Union
Council of 16 February 2011 laying down the rules
roaming calls is the setting at Union level of a
and general principles concerning mechanisms for
maximum average per-minute charge at wholesale level
control by Member States of the Commission’s exercise
and the limiting of charges at retail level through the
of implementing powers ( 1 ).
Eurotariff introduced by Regulation (EC) No 717/2007,
which was extended by the euro-SMS tariff provided for
in Regulation (EC) No 544/2009 of the European
Parliament and of the Council
( 2 ) and should be
(38) BEREC
should
be
allowed,
taking
into
account
this
Regu
extended by the euro-data tariff provided for in this
lation and the implementing acts adopted pursuant
Regulation. The average wholesale charge should apply
hereto, to provide on its own initiative specific
between any pair of operators within the Union over a
technical guidance on the separate sale of regulated
specified period.
retail roaming services or on other matters covered by
this Regulation.
(39) It is considered that, for the separate sale of regulated
(42) The
transitory
euro-voice,
euro-SMS
and
euro-data
tariffs
retail roaming services to be fully effective, such sale
should be set at a safeguard level which, whilst ensuring
needs to be combined with the wholesale access
that consumer benefits are not only preserved but even
obligation for the provision of roaming services to
increased during a transitional period of implementing
facilitate market entry by new or existing players
the structural measures, guarantees a sufficient margin
including cross-border roaming services providers. That
to roaming providers and encourages competitive
solution would avoid distortions between Member States
roaming offerings at lower rates. During the period
by ensuring a consistent regulatory approach thereby
concerned, roaming providers should actively bring to
contributing to the development of the internal market.
the attention of the customers information about the
However, the implementation of the separate sale of
Eurotariffs and offer them to all their roaming customers,
regulated retail roaming services will require a reasonable
free of charge, and in a clear and transparent manner.
period for operators to adapt at the technical level, and
therefore the structural measures will only result in a
genuine internal market with sufficient competition
after a certain period of time. For this reason,
maximum wholesale charges for voice, SMS and data
roaming services as well as safeguard caps for those
(43) The
transitory
euro-voice,
euro-SMS
and
euro-data
tariffs
services at the retail level should be maintained on a
to be offered to roaming customers should reflect a
temporary basis at an appropriate level to ensure that
reasonable margin over the wholesale cost of providing
the existing consumer benefits are preserved during a
a roaming service, whilst allowing roaming providers the
transitional period of implementation of such structural
freedom to compete by differentiating their offerings and
measures.
adapting their pricing structures to market conditions
and consumer preferences. Such safeguard caps should
be set at levels which do not distort the competitive
benefits of structural measures and could be removed
(40) With
regard
to
the
continuation
of
temporary
price
regu
once the structural measures have had an opportunity
lation, regulatory obligations should be imposed at both
to deliver concrete gains for customers. This regulatory
retail and wholesale levels to protect the interests of
approach should not apply to the part of the tariff that is
roaming customers, since experience has shown that
charged for the provision of value-added services but
reductions in wholesale prices for Union-wide roaming
only to the tariffs for the connection to such services.
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 associated with the provision of these services could
risk disrupting the orderly functioning of the internal
(44) This regulatory approach should be simple to implement
market for roaming services and would not allow a
and monitor in order to minimise the administrative
higher degree of competition.
burden both for the operators and roaming providers
which are affected by its requirements and for the
national regulatory authorities charged with its super
vision and enforcement. It should also be transparent
(41) Until
the
structural
measures
have
brought
sufficient
and immediately understandable to all mobile
competition in the internal market for roaming services
which would lead to reductions in wholesale costs which
( 2 ) Regulation (EC) No 544/2009 of the European Parliament and of the
in turn would be passed on to consumers, the most
Council of 18 June 2009 amending Regulation (EC) No 717/2007
effective and proportionate approach to regulating the
on roaming on public mobile telephone networks within the
Community and Directive 2002/21/EC on a common regulatory
framework for electronic communications networks and services
( 1 ) OJ L 55, 28.2.2011, p. 13.
(OJ L 167, 29.6.2009, p. 12).

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L 172/16
EN
Official Journal of the European Union
30.6.2012
customers within the Union. Furthermore it should
(48) During the transitional period of safeguard caps, new
provide certainty and predictability to operators
roaming customers should be fully informed in a clear
providing wholesale and retail roaming services. The
and understandable manner of the range of tariffs that
level in monetary terms of the maximum per-minute
exist for roaming within the Union, including the tariffs
charges at wholesale and retail level should therefore be
which are compliant with the transitory euro-voice, euro-
specified in this Regulation.
SMS and euro-data tariffs. Existing roaming customers
should be given the opportunity to choose a new tariff
compliant with the transitory euro-voice, euro-SMS and
euro-data tariffs or any other roaming tariffs 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
(45) The
maximum
average
per-minute
charge
at
wholesale
package before the entry into force of this Regulation
level so specified should take account of the different
and those who had not. The latter should be auto
elements involved in the making of a Union-wide
matically accorded a tariff that complies with this Regu
roaming call, in particular the cost of originating and
lation. Roaming customers who already benefit from
terminating calls over mobile networks and including
specific roaming tariffs or packages which suit their indi
overheads, signalling and transit. The most appropriate
vidual requirements and which they have chosen on that
benchmark for call origination and for call termination is
basis should remain on their previously selected tariff or
the average mobile termination rate for mobile network
package if, after having been reminded of their current
operators in the Union, based on information provided
tariff conditions and of the applicable Eurotariffs, they
by the national regulatory authorities and published by
express the choice to their roaming provider to remain
the Commission. The maximum average per-minute
on that tariff. Such specific roaming tariffs or packages
charge established by this Regulation should therefore
could include, for example, roaming flat-rates, non-public
be determined taking into account the average mobile
tariffs, tariffs with additional fixed roaming charges,
termination rate, which offers a benchmark for the
tariffs with per-minute charges lower than the
costs involved. The maximum average per-minute
maximum euro-voice, euro-SMS and euro-data tariffs or
charge at wholesale level should decrease annually to
tariffs with set-up charges.
take account of reductions in mobile termination rates
imposed by national regulatory authorities from time to
time.
(49) Since
this
Regulation
should
constitute
a
specific
measure
within the meaning of Article 1(5) of the Framework
(46) The
transitory
euro-voice
tariff
applicable
at
retail
level
Directive, and since providers of Union-wide roaming
should provide roaming customers with the assurance
services may be required by this Regulation to make
that they will not be charged an excessive price when
changes to their retail roaming tariffs in order to
making or receiving a regulated roaming call, whilst
comply with the requirements of this Regulation, such
leaving the roaming provider sufficient margin to differ
changes should not trigger for mobile customers any
entiate the products they offer to customers.
right under national laws transposing the 2002 regu
latory framework for electronic communications to
withdraw from their contracts.
(47) During
the
transitional
period
of safeguard
caps,
all
consumers should be informed about, and have the
option of choosing without additional charges or precon
ditions, a simple roaming tariff which will not exceed
(50) This
Regulation
should
not
prejudice
innovative
offers
to
maximum charges. A reasonable margin between
consumers which are more advantageous than the tran
wholesale costs and retail prices should ensure that
sitory euro-voice, euro-SMS and euro-data tariffs as
roaming providers cover all their specific roaming costs
defined in this Regulation, but rather should encourage
at retail level including appropriate shares of marketing
innovative offers to roaming customers at lower rates in
costs and handset subsidies and are left with an adequate
particular in response to the additional competitive
residual to yield a reasonable return. Transitory euro-
pressure created by the structural provisions of this Regu
voice, euro-SMS and euro-data tariffs are an appropriate
lation. This Regulation does not require roaming charges
means to provide both the consumer with protection and
to be reintroduced in cases where they have been
the roaming provider with flexibility. In line with the
abolished altogether, nor does it require existing
wholesale level, the maximum levels of the euro-voice,
roaming charges to be increased to the level of the tran
euro-SMS and euro-data tariffs should decrease annually.
sitory safeguard limits set out in this Regulation.

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EN
30.6.2012 Official
Journal
of
the
European
Union L
172/17
(51) Where
maximum
charges
are
not
denominated
in
euro,
(55) A
common
set
of
rules
regarding
unitisation
of
euro-
the applicable initial limits and the revised values of
voice tariff bills at retail level should therefore be
those limits should be determined in the relevant
introduced in order to further strengthen the internal
currency by applying the reference exchange rates
market and provide throughout the Union the same
published in the Official Journal of the European Union
high level of protection to consumers of Union-wide
on the date specified in this Regulation. Where there is
roaming services.
no publication on the date specified, the applicable
reference exchange rates should be those published in
the first Official Journal of the European Union following
that date and containing such reference exchange rates.
To protect consumers against increasing retail prices for
regulated roaming services (regulated voice, SMS or data
(56) Providers
of
regulated
roaming
calls
at
the
retail
level
roaming services) due to fluctuations in the reference
should therefore be required to bill their customers on
exchange rate of currencies other than the euro, a
a per-second basis for all calls subject to a euro-voice
Member State whose currency is not the euro should
tariff subject only to the possibility to apply a
use an average of several reference exchange rates over
minimum initial charging period of no more than 30
time for determining the maximum retail charges in its
seconds for calls made. This will enable roaming
currency.
providers to cover any reasonable set-up costs and to
provide flexibility to compete by offering shorter
minimum charging periods. No minimum initial
charging period is justified in the case of euro-voice
tariff calls received, as the underlying wholesale cost is
(52) The
practice by some mobile network operators of
charged on a per-second basis and any specific set-up
billing for the provision of wholesale roaming calls on
costs are already covered by mobile termination rates.
the basis of minimum charging periods of up to 60
seconds, as opposed to the per-second basis normally
applied for other wholesale interconnection charges,
creates a distortion of competition between those
operators and those applying different billing methods,
and undermines the consistent application of the
(57) Customers
should
not
have
to
pay
for
receiving
voice
maximum wholesale charges introduced by this Regu
mail messages in a visited network, as they cannot
lation. Moreover it represents an additional charge
control the duration of such messages. This should be
which, by increasing wholesale costs, has negative
without prejudice to other applicable voice mail charges,
consequences for the pricing of voice roaming services
for example charges for listening to such messages.
at retail level. Mobile network operators should therefore
be required to bill for the wholesale provision of
regulated roaming calls on a per-second basis.
(58) Customers
living
in
border
regions
should
not
receive
(53) The ERG, the predecessor of the BEREC, estimated that
unnecessarily high bills due to inadvertent roaming.
the practice of mobile operators of using charging
Roaming providers should therefore take reasonable
intervals of more than one second when billing for
steps to protect customers against incurring roaming
roaming services at retail level has added 24 % to a
charges while they are located in their Member State.
typical euro-voice tariff bill for calls made and 19 %
This should include adequate information measures in
for calls received. They also stated that these increases
order to empower customers to actively prevent such
represent a form of hidden charge since they are not
instances of inadvertent roaming. National regulatory
transparent to most consumers. For this reason, the
authorities should be alert to situations in which
ERG recommended urgent action to address the
customers face problems with paying roaming charges
different billing practices at retail level applied to the
while they are still located in their Member State and
euro-voice tariff.
should take appropriate steps to mitigate the problem.
(54) While Regulation (EC) No 717/2007, by introducing a
Eurotariff in the Union, established a common
(59) With
regard
to
SMS
roaming
services,
as
is
the
case
for
approach to ensuring that roaming customers are not
voice roaming calls, there is a significant risk that
charged excessive prices for regulated roaming calls, the
imposing wholesale pricing obligations alone would not
different billing unitisation practices employed by mobile
result automatically in lower rates for retail customers.
operators seriously undermines its consistent application.
On the other hand, action to reduce the level of retail
This also means that, despite the cross-border nature of
prices without addressing the level of the wholesale costs
Union-wide roaming services, there are divergent
associated with the provision of these services could
approaches in relation to the billing of regulated
prejudice the position of some roaming providers, in
roaming calls which distort competitive conditions in
particular smaller roaming providers, by increasing the
the internal market.
risk of price squeeze.

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L 172/18
EN
Official Journal of the European Union
30.6.2012
(60) Furthermore, because of the particular structure of the
benefits are preserved, guarantees a sufficient margin to
market for roaming services and its cross-border
roaming providers while also more reasonably reflecting
nature, the 2002 regulatory framework for electronic
the underlying costs of provision.
communications has not provided national regulatory
authorities with suitable tools to address effectively the
competitive problems underlying the high level of
(67) The
transitory
euro-SMS
tariff
that
may
be
offered
to
wholesale and retail prices for regulated roaming SMS
roaming customers should therefore reflect a reasonable
services. This fails to ensure the smooth functioning of
margin over the costs of providing a regulated roaming
the internal market and should be corrected.
SMS service, whilst allowing roaming providers the
freedom to compete by differentiating their offerings
and adapting their pricing structures to market
(61) Regulatory
obligations
should
therefore
be
imposed
with
conditions and consumer preferences. Such a safeguard
regard to regulated roaming SMS services at wholesale
cap should be set at a level which does not distort the
level, in order to establish a more reasonable relationship
competitive benefits of structural measures and could be
between wholesale charges and the underlying costs of
removed once the structural measures become effective.
provision, and at retail level for a transitional period to
This regulatory approach should not apply to value-
protect the interests of roaming customers until the
added SMS services.
structural measures become effective.
(68) Roaming
customers
should
not
be
required
to
pay
any
(62) Until
the
structural
measures
have
brought
sufficient
additional charge for receiving a regulated roaming SMS
competition in the market for roaming services, the
or voicemail message while roaming on a visited
most effective and proportionate approach to regulating
network, since such termination costs are already
the level of prices for regulated roaming SMS messages at
compensated by the retail charge levied for the sending
wholesale level is the setting at Union level of a
of a roaming SMS or voicemail message.
maximum average charge per SMS sent from a visited
network. The average wholesale charge should apply
between any pair of operators within the Union over a
(69) A
euro-SMS
tariff
should
automatically
apply
to
any
new
specified period.
or existing roaming customer who has not deliberately
chosen or does not deliberately choose a special SMS
roaming tariff or a package for roaming services
(63) The
maximum
wholesale
charge
for
regulated
roaming
including regulated roaming SMS services.
SMS services should include all costs incurred by the
provider of the wholesale service, including, inter alia,
origination, transit and the unrecovered cost of
(70) An
SMS
message
is
a
Short
Message
Service
text
message
termination of roaming SMS messages on the visited
and is clearly distinct from other messages such as MMS
network. Wholesale providers of regulated roaming
messages or e-mails. In order to ensure that this Regu
SMS services should therefore be prohibited from intro
lation is not deprived of its effectiveness and that its
ducing a separate charge for the termination of roaming
objectives are fully met, any changes to the technical
SMS messages on their network, in order to ensure the
parameters of a roaming SMS message which would
consistent application of the rules established by this
differentiate it from a domestic SMS message should be
Regulation.
prohibited.
(64) In order to ensure that the maximum charges
for
(71) Data
collected
by
national
regulatory
authorities
indicate
wholesale roaming SMS services are closer to levels
that high prices for average wholesale charges for data
reflecting underlying costs of provision and that
roaming services levied by visited network operators on
competition can develop at the retail level, the
roaming customers’ roaming providers persist. Even if
maximum wholesale charges for regulated SMS should
these wholesale charges appear to be on a downward
follow subsequent reductions.
trend, they are still very high in relation to underlying
cost.
(65) Regulation
(EC)
No
544/2009
considered
that,
in
the
absence of structural elements introducing competition
(72) The persistence of high wholesale charges
for data
in the market for roaming services, the most effective
roaming services is primarily attributable to high
and proportionate approach to regulating the level of
wholesale prices charged by operators of non-preferred
prices for Union-wide roaming SMS messages at the
networks. Such charges are caused by traffic-steering
retail level was the introduction of a requirement for
limitations which leave operators with no incentive to
mobile operators to offer their roaming customers a
reduce their standard wholesale prices unilaterally since
euro-SMS tariff which does not exceed a specified
the traffic will be received irrespective of the price
maximum charge.
charged. This results in an extreme variation in
wholesale costs. In some cases the wholesale data
roaming charges applicable to non-preferred networks
(66) Until the structural measures become effective, the tran
are six times higher than those applied to the preferred
sitory euro-SMS tariff should be retained at a safeguard
network. These excessively high wholesale charges for
level which, whilst ensuring that the existing consumer
data roaming services lead to appreciable distortions

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EN
30.6.2012 Official
Journal
of
the
European
Union L
172/19
of competitive conditions between mobile operators
(76) The transitory euro-data tariff that may be offered to
within the Union which undermine the smooth func
roaming customers should therefore reflect a reasonable
tioning of the internal market. They also constrain the
margin over the costs of providing a regulated data
ability of roaming providers to predict their wholesale
roaming service, whilst allowing roaming providers the
costs and therefore to provide their customers with trans
freedom to compete by differentiating their offerings and
parent and competitive retail pricing packages. In view of
adapting their pricing structures to market conditions
the limitations on the ability of national regulatory auth
and consumer preferences. Such a safeguard cap should
orities to deal with these problems effectively at national
be set at a level which does not distort the competitive
level, a maximum wholesale charge on data roaming
benefits of structural measures and could be removed
services should apply. Regulatory obligations should
once the structural measures have had an opportunity
therefore be imposed with regard to regulated data
to deliver concrete and lasting gains for customers.
roaming services at wholesale level, in order to
Similar to the approach followed for voice and SMS
establish a more reasonable relationship between
roaming services, given the reductions foreseen in the
wholesale charges and the underlying costs of provision,
underlying costs for the provision of retail data
and at retail level to protect the interests of roaming
roaming services, the maximum regulated charges for
customers.
the transitory euro-data tariff should follow a declining
glide path.
(73) Roaming providers should not charge the roaming
customer for any regulated data roaming service, unless
and until the roaming customer accepts the provision of
the service.
(77) A
transitory
euro-data
tariff
should
automatically
apply
to any new or existing roaming customer who has not
deliberately chosen or does not deliberately choose a
special data roaming tariff or a package for roaming
services including regulated data roaming services.
(74) The
scope
of
this
Regulation
should
cover
the
provision
of Union-wide retail data roaming services. The special
characteristics exhibited by the markets for roaming
services, which justified the adoption of Regulation (EC)
No 717/2007 and the imposition of obligations on
mobile operators with regard to the provision of
Union-wide voice roaming calls and SMS messages,
(78) In
order
to
ensure
that
consumers
pay
for
the
data
apply equally to the provision of Union-wide retail data
services they actually consume and to avoid the
roaming services. Like voice and SMS roaming services,
problems observed with voice services after the intro
data roaming services are not purchased independently at
duction of Regulation (EC) No 717/2007 of the hidden
national level but constitute only part of a broader retail
charges for the consumer due to the charging mech
package purchased by customers from their roaming
anisms applied by operators, the transitory euro-data
provider, thereby limiting the competitive forces at
tariff should be billed on a per-kilobyte basis. Such
play. Likewise, because of the cross-border nature of
charging is consistent with the charging mechanism
the services concerned, national regulatory authorities
already applicable at the wholesale level.
which are responsible for safeguarding and promoting
the interests of mobile customers resident within their
territory are not able to control the behaviour of the
operators of the visited network, situated in other
Member States.
(79) Roaming providers may offer a fair-use, all-inclusive,
monthly flat-rate to which no maximum charges apply
and which could cover all Union-wide roaming services.
(75) As
with
the
regulatory
measures
already
in
place
for
voice and SMS services, until the structural measures
bring sufficient competition, the most effective and
proportionate approach to regulating the level of prices
for Union-wide retail data roaming services for a transi
tional period is the introduction of a requirement for
roaming providers to offer their roaming customers a
(80) To
ensure
that
all
users
of
mobile
voice
telephony
may
transitory euro-data tariff which does not exceed a
benefit from the provisions of this Regulation, the tran
specified maximum charge. The euro-data tariff should
sitory retail pricing requirements should apply regardless
be set at a safeguard level which, whilst ensuring
of whether roaming customers have a pre-paid or a post-
consumer protection until the structural measures
paid contract with their roaming provider, and regardless
become effective, guarantees a sufficient margin to
of whether the roaming provider has its own network, is
roaming providers while also more reasonably reflecting
a mobile virtual network operator or is a reseller of
the underlying costs of provision.
mobile voice telephony services.

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L 172/20
EN
Official Journal of the European Union
30.6.2012
(81) Where
Union
providers
of
mobile
telephony
services
find
communication to these customers in writing describing
the benefits of interoperability and end-to-end connec
the conditions of the euro-voice, euro-SMS and euro-data
tivity for their customers jeopardised by the termination,
tariffs and the right to switch to and from them.
or threat of termination, of their 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 provider, national
(84) Moreover,
measures
should
be
introduced
to
improve
the
regulatory authorities should make use, where necessary,
transparency of retail charges for all data roaming
of the powers under Article 5 of the Access Directive to
services, in particular to eliminate the problem of ‘bill
ensure adequate access and interconnection in order to
shock’ which constitutes a barrier to the smooth func
guarantee such end-to-end connectivity and the inter
tioning of the internal market, and to provide roaming
operability of services, taking into account the objectives
customers with the tools they need to monitor and
of Article 8 of the Framework Directive, in particular the
control their expenditure on data roaming services.
creation of a fully functioning internal market for elec
Equally, there should be no obstacles to the emergence
tronic communications services.
of applications or technologies which can be a substitute
for, or alternative to, roaming services, such as Wi-Fi.
(82) In
order
to
improve
the
transparency
of
retail
prices
for
roaming services and to help roaming customers make
(85) In
particular,
roaming
providers
should
provide
their
decisions on the use of their mobile devices while
roaming customers, free of charge, with personalised
abroad, providers of mobile communication services
tariff information on the charges applicable to those
should supply their roaming customers with information
customers for data roaming services every time they
free of charge on the roaming charges applicable to them
initiate a data roaming service on entering another
when using roaming services in a visited Member State.
country. This information should be delivered to their
Since certain customer groups might be well informed
mobile device in the manner best suited to its easy
about roaming charges, roaming providers should
receipt and comprehension, and in such a manner as
provide a possibility to easily opt-out from this
to enable easy access to it at a later date.
automatic message service. Moreover, providers should
actively give their customers, provided that the latter
are located in the Union, on request and free of
charge, additional information on the per-minute, per-
SMS or per-megabyte data charges (including VAT) for
(86) In order to facilitate customers’ understanding of the
the making or receiving of voice calls and also for the
financial consequences of the use of data roaming
sending and receiving of SMS, MMS and other data
services and to permit them to monitor and control
communication services in the visited Member State.
their expenditure, roaming providers should, both
before and after the conclusion of a contract, keep
their customers adequately informed of charges for
regulated data roaming services. Such information could
include examples of the approximate amount of data
used by, for example, sending an e-mail, sending a
(83) Transparency also requires that providers furnish
picture, web-browsing and using mobile applications.
information on roaming charges, in particular on the
euro-voice, euro-SMS and euro-data tariffs 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. Roaming providers should
(87) In
addition, in order to avoid bill shocks, roaming
provide information on roaming charges by appropriate
providers should define one or more maximum
means such as invoices, the internet, TV advertisements
financial and/or volume limits for their outstanding
or direct mail. All information and offers should be clear,
charges for data roaming services, expressed in the
understandable, permit comparison and be transparent
currency in which the roaming customer is billed, and
with regard to prices and service characteristics. Adver
which they should offer to all their roaming customers,
tising of roaming offers and marketing to consumers
free of charge, with an appropriate notification, in a
should fully comply with consumer protection legis
media format that can be consulted again subsequently,
lation, in particular with Directive 2005/29/EC of the
when this limit is being approached. Upon reaching this
European Parliament and of the Council of 11 May
maximum limit, customers should no longer receive or
2005 concerning unfair business-to-consumer
be charged for those services unless they specifically
commercial practices in the internal market (Unfair
request continued provision of those services in
Commercial Practices Directive) ( 1 ). Roaming providers
accordance with the terms and conditions set out in
should ensure that all their roaming customers are
the notification. In such a case, they should receive free
aware of the availability of regulated tariffs for the
confirmation, in a media format that can be consulted
period concerned and should send a clear and unbiased
again subsequently. Roaming customers should be given
the opportunity to opt for any of these maximum
( 1 ) OJ L 149, 11.6.2005, p. 22.
financial or volume limits within a reasonable period

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EN
30.6.2012 Official
Journal
of
the
European
Union L
172/21
or to choose not to have such a limit. Unless customers
(92) The
national
regulatory
authorities
which
are
responsible
state otherwise, they should be put on a default limit
for carrying out tasks under the 2002 regulatory
system.
framework for electronic communications should have
the powers 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 roaming customers within the
Union including, where appropriate, the specific costs
(88) These transparency measures should be seen as
related to roaming calls made and received in the
minimum safeguards for roaming customers, and
outermost regions of the Union and the need to ensure
should not preclude roaming providers from offering
that these costs can be adequately recovered on the
their customers a range of other facilities which help
wholesale market, and that traffic-steering techniques
them to predict and control their expenditure on data
are not used to limit choice to the detriment of
roaming services. For example, many roaming providers
customers. They should ensure that up-to-date
are developing new retail flat-rate roaming offers which
information on the application of this Regulation is
permit data roaming for a specified price over a specified
made available to interested parties and publish the
period up to a ‘fair use’ volume limit. Likewise roaming
results of such monitoring every six months. Information
providers are developing systems to enable their roaming
should be provided on corporate, post-paid and pre-paid
customers to be updated on a real-time basis on their
customers separately.
accumulated outstanding data roaming charges. To
ensure the smooth functioning of the internal market,
these developments on the domestic markets should be
reflected in the harmonised rules.
(93) In-country
roaming
in
the
outermost
regions
of
the
(89) Customers
under
pre-paid
tariffs
may
also
suffer
from
bill
Union where mobile telephony licences are distinct
shocks for the use of data roaming services. For this
from those issued in respect of the rest of the national
reason the provisions on the cut-off limit should also
territory could benefit from rate reductions equivalent to
apply to those customers.
those practised on the internal market for roaming
services. The implementation of this Regulation should
not give rise to less favourable pricing treatment for
customers using in-country roaming services as
opposed to customers using Union-wide roaming
services. To this end, the national authorities may take
(90) There are considerable disparities between regulated
additional measures consistent with Union law.
roaming tariffs within the Union and roaming tariffs
incurred by customers when they are travelling outside
the Union, which are significantly higher than prices
within the Union. Due to the absence of a consistent
approach to transparency and safeguard measures
concerning roaming outside the Union, consumers are
not confident about their rights and are therefore often
deterred from using mobile services while abroad. Trans
(94) When
laying
down
the
rules
on
penalties
applicable
to
parent information provided to consumers could not
infringements of this Regulation, Member States should,
only assist them in the decision as to how to use their
inter alia, take into account the possibility for roaming
mobile devices while travelling abroad (both within and
providers to compensate customers for any delay or
outside the Union), but could also assist them in the
hindrance to the switch to an alternative roaming
choice between roaming providers. It is therefore
provider, in accordance with their national law.
necessary to address the problem of the lack of trans
parency and consumer protection by applying certain
transparency and safeguard measures also to roaming
services provided outside the Union. Those measures
would facilitate competition and improve the functioning
of the internal market.
(95) Since the objectives of this Regulation, namely to
establish a common approach to ensure that users of
public mobile communication networks when travelling
within the Union do not pay excessive prices for Union-
(91) If
the
visited
network
operator
in
the
visited
country
wide roaming services, thereby achieving a high level of
outside the Union does not allow the roaming provider
consumer protection by enhancing competition between
to monitor its customers’ usage on a real-time basis, the
roaming providers, cannot be sufficiently achieved by the
roaming provider should not be obliged to provide the
Member States in a secure, harmonised and timely
maximum financial or volume limits for safeguarding
manner and can therefore be better achieved at Union
customers.
level, the Union may adopt measures, in accordance with

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L 172/22
EN
Official Journal of the European Union
30.6.2012
the principle of subsidiarity as set out in Article 5 of the
(100) After the abovementioned review, and in order to ensure
Treaty on European Union. In accordance with the
the continuous monitoring of roaming services in the
principle of proportionality, as set out in that Article,
Union, the Commission should prepare a report to the
this Regulation does not go beyond what is necessary
European Parliament and the Council every two years
in order to achieve those objectives.
which includes a general summary of the latest trends
in roaming services and an intermediary assessment of
the progress towards achieving the objectives of this
Regulation and of the possible alternative options for
(96) Regulatory
obligations
on
wholesale
charges
for
voice,
achieving these objectives,
SMS and data roaming services should be maintained
until the structural measures have become effective and
competition in the wholesale markets has developed
sufficiently. In addition, market trends currently show
HAVE ADOPTED THIS REGULATION:
that data services will progressively become the most
relevant segment of mobile services, and wholesale data
roaming services currently exhibit the highest level of
dynamism, with prices reasonably below the current
Article 1
regulated rates.
Subject matter and scope
1. This
Regulation
introduces
a
common
approach
to
ensuring that users of public mobile communications
(97) Retail
safeguard
caps
should
be
set
at
sufficiently
high
networks, when travelling within the Union, do not pay
levels which do not distort the potential competitive
excessive prices for Union-wide roaming services in comparison
benefits of structural measures and could be removed
with competitive national prices, when making calls and
completely once those measures become effective and
receiving calls, when sending and receiving SMS messages and
have enabled the development of a genuine internal
when using packet switched data communication services,
market. Therefore, retail safeguard caps should follow a
thereby contributing to the smooth functioning of the
downward trend and subsequently expire.
internal market while achieving a high level of consumer
protection, fostering competition and transparency in the
market and offering both incentives for innovation and
consumer choice.
(98) The
Commission
should
review
the
effectiveness
of
this
Regulation in light of its objectives and the contribution
to the implementation of the 2002 regulatory framework
for electronic communications and the smooth func
It lays down rules to enable the separate sale of regulated
tioning of the internal market. In this context, the
roaming services from domestic mobile communications
Commission should consider the impact on the
services and sets out the conditions for wholesale access to
competitive position of mobile communications
public mobile communications networks for the purpose of
providers of different sizes and from different parts of
providing regulated roaming services. It also lays down tran
the Union, the developments, trends and transparency in
sitory rules on the charges that may be levied by roaming
retail and wholesale charges, their relation to actual costs,
providers for the provision of regulated roaming services for
the extent to which the assumptions made in the impact
voice calls and SMS messages originating and terminating
assessment that accompanied this Regulation have been
within the Union and for packet switched data communication
confirmed, the costs of compliance and the impact on
services used by roaming customers while roaming on a mobile
the investments. The Commission should also, in the
communications network within the Union. It applies both to
light of technological developments, consider the avail
charges levied by network operators at wholesale level and to
ability and quality of services which are an alternative to
charges levied by roaming providers at retail level.
roaming (such as access through Wi-Fi).
2. The
separate
sale
of
regulated
roaming
services
from
domestic mobile communications services is a necessary inter
(99) Regulatory
obligations
on
wholesale
and
retail
charges
mediate step to increase competition so as to lower roaming
for voice, SMS and data roaming services should be
tariffs for customers in order to achieve an internal market for
maintained to safeguard consumers as long as
mobile communication services and ultimately for there to be
competition at the retail or wholesale level is not fully
no differentiation between national and roaming tariffs.
developed. To this end, the Commission should, by
30 June 2016, assess whether the objectives of this Regu
lation have been achieved, including whether the
structural measures have been fully implemented and
3. This
Regulation
also
lays
down
rules
aimed
at
increasing
competition is sufficiently developed in the internal
price transparency and improving the provision of information
market for roaming services. If the Commission
on charges to users of roaming services.
concludes that competition has not developed suffi
ciently, the Commission should make appropriate
proposals to the European Parliament and the Council
to ensure that consumers are adequately safeguarded as
4. This
Regulation
constitutes
a
specific
measure
within
the
from 2017.
meaning of Article 1(5) of the Framework Directive.

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EN
30.6.2012 Official
Journal
of
the
European
Union L
172/23
5. The maximum charges set out in this Regulation are
(c) ‘alternative roaming provider’ means a roaming provider
expressed in euro.
different from the domestic provider;
6. Where
maximum
charges
under
Articles
7,
9
and
12
are (d) ‘home network’ means a public communications network
denominated in currencies other than the euro, the initial limits
located within a Member State and used by the roaming
pursuant to those Articles shall be determined in those
provider for the provision of regulated retail roaming
currencies by applying the reference exchange rates published
services to a roaming customer;
on 1 May 2012 by the European Central Bank in the Official
Journal of the European Union.
(e) ‘visited network’ means a terrestrial public mobile
communications network situated in a Member State
For the purposes of the subsequent limits provided for in
other than that of the roaming customer’s domestic
Article 7(2), Article 9(1), and Article 12(1), the revised values
provider that permits a roaming customer to make or
shall be determined by applying the reference exchange rates so
receive calls, to send or receive SMS messages or to use
published on 1 May of the relevant calendar year. For the
packet switched data communications, by means of
maximum charges under Article 7(2), Article 9(1) and
arrangements with the home network operator;
Article 12(1), the limits in currencies other than the euro
shall be revised annually as from 2015. The annually revised
limits in those currencies shall apply from 1 July using the
reference exchange rates published on 1 May of the same year.
(f) ‘Union-wide
roaming’
means
the
use
of
a
mobile
device
by
a roaming customer to make or receive intra-Union calls,
to send or receive intra-Union SMS messages, or to use
packet switched data communications, while in a Member
7. Where
maximum
charges
under
Articles
8,
10
and
13
are
State other than that in which the network of the domestic
denominated in currencies other than the euro, the initial limits
provider is located, by means of arrangements between the
pursuant to those Articles shall be determined in those
home network operator and the visited network operator;
currencies by applying the average of the reference exchange
rates published on 1 March, 1 April and 1 May 2012 by the
European Central Bank in the Official Journal of the European
Union.
(g) ‘roaming customer’ means a customer of a roaming
provider of regulated roaming services, by means of a
terrestrial public mobile communications network situated
For the purposes of the subsequent limits provided for in
in the Union, whose contract or arrangement with that
Article 8(2), Article 10(2) and Article 13(2), the revised values
roaming provider permits Union-wide roaming;
shall be determined by applying the average of the reference
exchange rates so published on 1 March, 1 April and 1 May of
the relevant calendar year. For the maximum charges under
(h) ‘regulated roaming call’ means a mobile voice telephony
Article 8(2), Article 10(2) and Article 13(2), the limits in
call made by a roaming customer, originating on a
currencies other than euro shall be revised annually as from
visited network and terminating on a public communi
2015. The annually revised limits in those currencies shall
cations network within the Union or received by a
apply from 1 July using the average of the reference exchange
roaming customer, originating on a public communications
rates published on 1 March, 1 April and 1 May of the same
network within the Union and terminating on a visited
year.
network;
Article 2
(i) ‘euro-voice tariff’ means any tariff not exceeding the
maximum charge provided for in Article 8, which a
Definitions
roaming provider may levy for the provision of regulated
1. For the purposes of this Regulation, the definitions set out
roaming calls in accordance with that Article;
in Article 2 of the Access Directive, Article 2 of the Framework
Directive, and Article 2 of the Universal Service Directive shall
apply.
(j) ‘SMS
message’
means
a
Short
Message
Service
text
message,
composed principally of alphabetical and/or numerical
characters, capable of being sent between mobile and/or
2. In addition to the definitions referred to in paragraph 1,
fixed numbers assigned in accordance with national
the following definitions shall apply:
numbering plans;
(a) ‘roaming provider’ means an undertaking that provides a
(k) ‘regulated roaming SMS message’ means an SMS message
roaming customer with regulated retail roaming services;
sent by a roaming customer, originating on a visited
network and terminating on a public communications
network within the Union or received by a roaming
(b) ‘domestic provider’ means an undertaking that provides a
customer, originating on a public communications
roaming customer with domestic mobile communications
network within the Union and terminating on a visited
services;
network;

---

L 172/24
EN
Official Journal of the European Union
30.6.2012
(l) ‘euro-SMS tariff’ means any tariff not exceeding the
Without prejudice to the first subparagraph, in the case of
maximum charge provided for in Article 10, which a
wholesale roaming resale access, mobile network operators
roaming provider may levy for the provision of regulated
may charge fair and reasonable prices for components not
roaming SMS messages in accordance with that Article;
covered by paragraph 3.
(m) ‘regulated data roaming service’ means a roaming service
5. Mobile
network
operators
shall
publish
a
reference
offer,
enabling the use of packet switched data communications
taking into account the BEREC guidelines referred to in
by a roaming customer by means of his mobile device
paragraph 8, and make it available to an undertaking requesting
while it is connected to a visited network. A regulated
wholesale roaming access. Mobile network operators shall
data roaming service does not include the transmission
provide the undertaking requesting access with a draft
or receipt of regulated roaming calls or SMS messages,
contract, complying with this Article, for such access at the
but does include the transmission and receipt of MMS
latest one month after the initial receipt of the request by the
messages;
mobile network operator. The wholesale roaming access shall
be granted within a reasonable period of time not exceeding
three months from the conclusion of the contract. Mobile
(n) ‘euro-data tariff’ means any tariff not exceeding the
network operators receiving a wholesale roaming access
maximum charge provided for in Article 13, which a
request and undertakings requesting access shall negotiate in
roaming provider may levy for the provision of regulated
good faith.
data roaming services in accordance with that Article;
6. The
reference
offer
referred
to
in
paragraph
5
shall
be
(o) ‘wholesale roaming access’ means direct wholesale roaming
sufficiently detailed and shall include all components
access or wholesale roaming resale access;
necessary for wholesale roaming access as referred to in
paragraph 3, providing a description of the offerings relevant
for direct wholesale roaming access and wholesale roaming
resale access, and the associated terms and conditions. If
(p) ‘direct wholesale roaming access’ means the making
necessary, national regulatory authorities shall impose changes
available of facilities and/or services by a mobile network
to reference offers to give effect to obligations laid down in this
operator to another undertaking, under defined conditions,
Article.
for the purpose of that other undertaking providing
regulated roaming services to roaming customers;
7. Where
the
undertaking
requesting
the
access
desires
to
enter into commercial negotiations to also include components
(q) ‘wholesale roaming resale access’ means the provision of
not covered by the reference offer, the mobile network
roaming services on a wholesale basis by a mobile network
operators shall respond to such a request within a reasonable
operator different from the visited network operator to
period of time not exceeding two months from its initial
another undertaking for the purpose of that other under
receipt. For the purposes of this paragraph