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Cheaper Phone Calls Between EU Member States May 2019

Posted in: Information Topic
Author: Myra Cecilia Azzopardi
Tags: , ,

Roaming EU regulations has resulted in same cost as phoning from home Now there has been a meeting to reduce the cost of intra EU Communication. Please note the draft below. We have the information direct so still to be consolidated.
Intra EU Communications Phone Costs to be Regulated for Cheaper Calls.

Article 2, (xx):
‘(xx) “regulated 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, and which is charged wholly or partly based on actual consumption’;
1. Member States shall ensure that any retail price (excluding VAT) for regulated intra-EU communications shall not exceed a maximum of 0.19€ per minute [for calls] and 0.06€ per SMS message.
 
2. Without prejudice to paragraph 1, Member States shall ensure that, providers of regulated intra-EU communications may offer in addition, and consumers may deliberately choose, a tariff for international communications including regulated intra-EU communications other than the one set in accordance with paragraph 1 of this Article, by virtue of which consumers benefit from a different tariff for regulated intra-EU communications than they would have been accorded in the absence of such a choice. The provider of regulated intra-EU communications shall inform those consumers of the nature of the advantages which would thereby be lost.
 
3. Member States shall ensure that where tariffs for regulated intra-EU communications exceed the limits set in paragraph 1, consumers who have not expressed, within a period of 2 months from 15 May 2019, a choice for any tariff set out pursuant to paragraph 2, are automatically provided with the tariffs foreseen in paragraph 1.
 
4. Member States shall ensure that consumers may switch from or back to a tariff set in accordance with paragraph 1 within one working day of receipt of the request, free of charge and shall ensure that such switch does not entail conditions or restrictions pertaining to elements of the subscriptions other than intra-EU communications.
 
5. National regulatory authorities shall monitor the market and price developments for intra-EU and domestic communications and report thereupon to the Commission. They may grant a derogation from paragraph 1 solely to the extent necessary and for a renewable period of one year, to a provider of regulated intra-EU communications, where that provider establishes that due to specific and exceptional circumstances distinguishing it from most other Union providers, the application of paragraph 1 would have significant impact on its capacity to sustain its existing prices for domestic communications. The assessment of the sustainability of the domestic charging model shall be based on relevant objective factors specific to the provider of intra-EU communications, as well as the level of domestic prices and revenues. Where the applicant provider has discharged the applicable evidentiary burden, the national regulatory authority shall determine the maximum price level in excess of one or both of the maximum prices set out in paragraph 1 which would be indispensable in order to ensure the sustainability of the provider’s domestic charging model. BEREC shall publish guidelines on the criteria to be taken into account by national regulatory authorities in their assessment.
 
6. Without prejudice to Article 29, Member States shall lay down rules on appropriate, effective, proportionate, and dissuasive penalties, fines and periodic penalties which are applicable to infringements of this Article and shall take all measures necessary to ensure that they are implemented.
 
7. This Article shall expire five years after its entry into force.
 
A huge thank you to David from the ALDE Group in Brussels.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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