On 30 March 2017, the Body of European Regulators for Electronic Communications (BEREC) issued a review of the guidelines on the Roaming Regulation [Regulation (EU) no. 531/2012https://www.anacom.pt/render.jsp?contentId=1132567 of 13 June, amended by Regulation (EU) no. 2015/2120https://www.anacom.pt/render.jsp?contentId=1373317, of 25 November, and supplemented by Commission Implementing Regulation (EU) 2016/2286https://www.anacom.pt/render.jsp?contentId=1401619 of 15 December].
According to this Regulation, as of 15 June 2017, providers of roaming in the European Economic Area (EEA)1 may not charge customers who conduct roaming communications in the EEA2 any additional surcharge above the national tariff (these communications may be subject to a fair use policy).
The published guidelines set out to explain the Roaming Regulation (at retail level), taking into account the new provisions which will enter into force shortly, including the above Commission Implementing Regulation laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the abolition of retail roaming surcharges and on the application to be submitted by a roaming provider for the purposes of that assessment.
These guidelines:
- replace the BEREC guidelines published in August 2016 (document BoR (16)34); and
- are complementary to BEREC's guidelines on wholesale access and the separate sale of services in accordance with Articles 3, 4 and 5 of the Roaming Regulation.
1 European Union, Iceland, Norway and Liechtenstein.
2 To be applicable to other EEA countries - Iceland, Norway and Liechtenstein - these rules must be transposed by each of these countries into their national legal systems.
Further information:
- BEREC adopts Guidelines on Regulation (EU) No. 531/2012 (Retail Roaming Guidelines) http://berec.europa.eu/eng/news_and_publications/whats_new/4302-berec-adopts-guidelines-on-regulation-eu-no-5312012-retail-roaming-guidelines