Open internet access and roam-like-at-home

 

SUMMARY OF:

Regulation (EU) 2015/2120 laying down measures concerning open internet access

WHAT IS THE AIM OF THE REGULATION?

It aims to introduce rules to safeguard open internet access and abolish retail roaming surcharges for customers while travelling in the EU.

KEY POINTS

The regulation:

The regulation amends Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the EU.

Open internet access

Internet providers will be required to treat all traffic equally when providing internet access services:

Providers are allowed to use reasonable traffic-management measures, but these must be transparent, non-discriminatory, proportionate and not be based on commercial considerations.

Traffic-management measures must not monitor specific content and must not be in place any longer than necessary. Measures going beyond such reasonable traffic management (for example, blocking or throttling) are prohibited, except for a limited number of cases defined in the regulation.

Agreements on services requiring a specific level of quality are allowed, provided they are not a replacement for internet access and do not reduce the availability or quality of the internet access services.

Internet access service providers should inform customers about:

Roaming charges

A roaming provider must provide roaming services at domestic prices to customers who are normally resident in the EU country of that roaming provider while they are travelling in the EU.

Customers pay domestic prices for phone calls, SMS and mobile internet, irrespective of where they are travelling in the EU. Regulation on roaming charges within the EU is amended, abolishing roaming surcharges in the EU on 15 June 2017 except as follows:

As long as a customer travels periodically and spends more time in their home country than abroad in any 4-month period, they can fully benefit from the new rules.

Roaming providers must be transparent about tariffs. In particular, roaming customers must be notified, in a timely manner and free of charge, where the ‘fair use’ policy applies, when voice, SMS or data roaming services have been fully used up. This includes notification of any surcharge as well as roaming data consumption.

The European Commission will review the regulation at the latest by December 2019, after consulting BEREC.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 30 April 2016. Roaming charges were abolished from 15 June 2017.

BACKGROUND

For further information, see:

MAIN DOCUMENT

Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, pp. 1-18)

Successive amendments to Regulation (EU) 2015/2120 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009 (OJ L 321, 17.12.2018, pp. 1-35)

Commission Implementing Regulation (EU) 2016/2286 of 15 December 2016 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 (OJ L 344, 17.12.2016, pp. 46-62)

See consolidated version.

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 (OJ L 172, 30.6.2012, pp. 10-35)

See consolidated version.

Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ L 108, 24.4.2002, pp. 51-77)

See consolidated version.

last update 11.07.2019