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Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (recast) (Text with EEA relevance) article 21 CELEX: 32022R0612 1. The Commission shall, after consulting BEREC, submit two reports to the European Parliament and to the Council, followed, if appropriate, by a legislative proposal to amend this Regulation. The first such report shall be submitted by 30 June 2025 and the second by 30 June 2029. The reports shall include, inter alia, an assessment of: (a) the impact of the roll-out and implementation of next generation mobile communications networks and technologies on the roaming market; (b) the effectiveness of the quality of service obligations with regard to roaming customers, the availability and quality of services, including those which are an alternative to regulated retail voice, SMS and data roaming services, in particular in light of technological developments and of the access to the different network technologies and generations; (c) the degree of competition in both the retail and wholesale roaming markets, in particular the actual wholesale rates paid by the operators and the competitive situation of small, independent or newly started operators, and MVNOs, including the competition effects of commercial wholesale roaming agreements, of traffic traded on trading platforms and similar instruments and the degree of interconnection between operators; (d) the evolution of the machine-to-machine roaming, including roaming on IoT devices; (e) the extent to which the implementation of the measures provided for in Article 3, in particular on the basis of the information provided by the national regulatory authorities, of the procedure for prior authorisation laid down in Article 3(6), has produced results in the development of competition in the internal market for regulated roaming services; (f) the evolution of the retail tariff plans available; (g) changes in data consumption patterns for both domestic and roaming services, including changes in travel patterns of European end-users caused by circumstances such as pandemics, for example COVID-19, or natural disasters; (h) the ability of home network operators to sustain their domestic charging model and the extent to which exceptional retail roaming surcharges have been authorised pursuant to Article 6; (i) the ability of visited network operators to recover the efficiently incurred costs of providing regulated wholesale roaming services, taking into account the latest information on network deployment, as well as developments in technical capabilities, pricing models and constraints of the networks, for instance the possibility of including cost model calculations based on capacity rather than consumption; (j) the impact of the application of fair use policies by operators, including on consumption by end-users, in accordance with the implementing acts adopted pursuant to Article 7, including the identification of any inconsistencies in the application and implementation of such fair use policies; as well as the effectiveness and proportionality of the general application of such policies; (k) the extent to which roaming customers and operators face problems in relation to value-added services and the implementation of the database of numbering ranges for value-added services established pursuant to Article 16, first paragraph, point (a); (l) the application of the measures of this Regulation and complaints related to the use of emergency communications while roaming; (m) complaints related to inadvertent roaming. |
Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (recast) (Text with EEA relevance) article 21 CELEX: 32022R0612 2. In order to assess competitive developments in Union-wide roaming markets, BEREC shall collect data regularly from national regulatory authorities on developments in retail and wholesale charges for regulated voice, SMS and data roaming services, including wholesale charges applied for balanced and unbalanced roaming traffic respectively, on the impact of the roll-out and implementation of next generation mobile communications networks and technologies on the roaming market, on the use of trading platforms and similar instruments, on the development of machine-to-machine roaming and IoT devices, and on the extent to which wholesale roaming agreements cover quality of service and give access to different network technologies and generations. Where applicable, the national regulatory authorities may provide such data in coordination with other competent authorities. BEREC shall also collect data regularly from national regulatory authorities on the application of fair use policies by operators, the developments of domestic-only tariffs, the application of the sustainability mechanisms and complaints on roaming and compliance with the quality of service obligations. Where appropriate, national regulatory authorities shall coordinate with and collect such data from other competent authorities. BEREC shall regularly collect and provide additional information on transparency, on the application of measures on emergency communication, on value-added services and on roaming on non-terrestrial public mobile communications networks. BEREC shall also collect data on the wholesale roaming agreements not subject to the maximum wholesale roaming charges provided for in Article 9, 10 or 11 and on the implementation of contractual measures at wholesale level aiming to prevent permanent roaming or anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated roaming services to roaming providers’ customers while the latter are periodically travelling within the Union. 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. By 30 June 2027, the Commission shall submit an interim report to the European Parliament and to the Council, based on the data collected by BEREC pursuant to this paragraph, followed, if appropriate, by a legislative proposal to amend this Regulation. On the basis of data collected pursuant to this paragraph, BEREC shall report regularly on the evolution of pricing and consumption patterns in the Member States both for domestic and roaming services, the evolution of actual wholesale roaming rates for unbalanced traffic between providers of roaming services, and on the relationship between retail prices, wholesale charges and wholesale costs for roaming services. BEREC shall assess how closely those elements relate to each other. |