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Amendments to Regulation (EU) 2015/2120 Regulation (EU) 2015/2120 is amended as follows:

(1) in Article 2, the following points are added: ‘(5) “number-independent interpersonal communications service” means number-independent interpersonal communications service as defined in Article 2, point (7), of Directive (EU) 2018/1972 of the European Parliament and of the Council ();

(6) “domestic communications” means any number-based interpersonal communications service originating in the Member State of the consumer’s domestic provider and terminating at any fixed or mobile number of the national numbering plan of the same Member State;

(7) “intra-EU communications” means any number-based interpersonal communications service originating in the Member State of the consumer’s domestic provider and terminating at any fixed or mobile number of the national numbering plan of another Member State.

(2) in Article 5a, the following paragraphs are added: ‘7. From 1 January 2029, providers shall not apply different retail prices to consumers for domestic communications and intra-EU communications, provided that technical rules on safeguards, such as sustainability, fair use and anti-fraud measures, are adopted. By 30 June 2028, the Commission shall, after consulting BEREC, adopt an implementing act laying down those technical rules in accordance with the examination procedure referred to in Article 5b 8. From 1 January 2025, providers may on a voluntary basis comply with the obligation not to apply different retail prices laid down in paragraph 7. Those providers shall be exempt from the obligations laid down in paragraph 1, subject to a fair use policy, with a view to bringing the benefits of equal retail prices for domestic and intra-EU communications to consumers earlier. To that end, the Commission shall adopt an implementing act on fair use, based on typical usage patterns, and anti-fraud measures by 31 December 2024, after consulting BEREC. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5b(2)

9. By 30 June 2027, after consulting BEREC, the Commission shall review this Article, and based on the assessment of its impact, the Commission may, if appropriate, decide to submit a legislative proposal in order to amend it

10. The assessment referred to in paragraph 9 shall include:

(a) the evolution of the wholesale costs related to the provision of intra-EU communications;

(b) the evolution of competition in the market for the provision of number-based interpersonal communications services and the trend of the retail prices of intra-EU communications within the different Member States;

(c) the evolution of consumer preferences and choice of special offers and bundles not charged on the basis of actual consumption of intra-EU communications;

(d) the possible impact on the national markets for the provision of number-based interpersonal communications services and in particular on the retail prices charged to consumers at large, taking into account the costs of providing intra-EU communications, and the potential impact of the measures on revenues for the providers and, if possible, investment capacity of the providers, in view in particular of the future roll-out of networks in line with the connectivity targets set out in Decision (EU) 2022/2481 where additional charges for intra-EU communications are not already applied;

(e) the extent of the usage, availability and competitiveness of number-independent interpersonal communications services or any alternatives to intra-EU communications;

(f) the evolution of tariff plans as regards the intra-EU communications, and in particular, the extent to which the implementation of the measures provided for in paragraph 8, has produced results in the direction of the elimination of retail price differences for consumers between domestic and intra-EU communications

11. In order to carry out the assessment referred to in paragraph 9, BEREC shall collect relevant information from national regulatory authorities on a regular basis. Where applicable, national regulatory authorities may provide such data in coordination with other competent authorities. The data collected by BEREC pursuant to this paragraph shall be notified to the Commission at least once a year. The Commission shall make them public. To ensure that BEREC can carry out its obligations under this paragraph, providers shall be obliged to cooperate by providing the requested data, including confidential data, to the relevant national authorities.’;

(3) the following article is inserted: ‘Article 5b Committee procedure 1. To fulfil its obligations under Article 5a of this Regulation, the Commission shall be assisted by the Communications Committee established by Article 118(1) of Directive (EU) 2018/1972. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this Article, Article 5 of Regulation (EU) No 182/2011 shall apply.’;

(4) in Article 10(5), the date ‘14 May 2024’ is replaced by the date ‘30 June 2032’.