32022R0612

WHAT IS THE AIM OF THE REGULATION?

It aims to extend and improve roaming services when users travel abroad in the European Union (EU) with additional benefits, offering them better connectivity and information and protecting them from excessive prices for calls, SMS messages, and data by continuing to outlaw surcharges. This improved service is also referred to as ‘roam like at home’.

It also aims to:

• ensure a genuine ‘roam like at home’ service by regulating roaming service conditions and wholesale access to public mobile communications networks;
• increase transparency and improve access to information on charges;
• increase transparency for users of non-regulated roaming services, such as on board ships or aircraft, and value-added services (such as helpdesks, insurance companies or airlines);
• ensure access to emergency services free of charge and increase transparency about access to emergency services, in particular by alternative means of emergency communication.

KEY POINTS

Extending roaming at national rates until 2032

• Roaming charges were abolished in the EU on 15 June 2017, but the legislation expired on 30 June 2022. This new regulation is valid until 2032.

Wholesale roaming access¹

• Mobile network operators must meet all reasonable requests for wholesale roaming access, in particular in a manner that allows the roaming provider to replicate the retail mobile services offered domestically where it is technically feasible to do so on the visited network.
• Mobile network operators may refuse requests for wholesale roaming access only on the basis of objective criteria, such as technical feasibility and network integrity. Commercial considerations are not grounds for refusing requests for wholesale roaming access in order to limit the provision of competing roaming services.

Providing regulated retail roaming services

• Roaming providers must not apply surcharges to the domestic retail price to customers in any EU Member State for:
  • making and receiving calls;
  • sending and receiving SMS messages;
  • using an internet connection, such as for email and internet-connected apps;
  • downloading or uploading data, including instant messaging, videoconferencing and voice calls using data.
• The service offered must not be less advantageous than that offered domestically, in particular with regard to quality of service, where the same generation of mobile communications networks and technologies are available on the visited network.
• Mobile communication operators must avoid unreasonable delays when handing over between networks at internal EU border crossings.

Wholesale charges for regulated roaming services

• From 1 July 2022:
  • the charge for calls is limited to €0.022 per minute, reducing to €0.019 on 1 January 2025 until 30 June 2032;
  • the charge for SMS messages is limited to €0.004 per SMS, reducing to €0.003 on 1 January 2025 until 30 June 2032;
  • charges for data are limited to €2.00 per gigabyte, gradually reducing to €1.00 in 2027, applying until 30 June 2032.
• If customers roam more than allowed under the fair use policy, the operator may apply a surcharge, which must not be more than the abovelisted wholesale roaming price limit.

Transparency

• Roaming providers must:
  • inform customers about the quality of roaming services;
  • inform customers about the types of services that may be subject to increased charges when roaming;
  • ensure that their customers are kept informed of the charges for regulated data roaming services, in ways that allow users to understand the financial consequences of such use and permit them to monitor and control their expenditure;
  • apply a facility that blocks further use of roaming services once the total consumption reaches a limit, such as €50 or €100;
  • where appropriate, inform customers of the risk of automatic and uncontrolled data roaming connection and download, before entering into a retail contract and regularly thereafter;
  • notify customers, free of charge, of how they can switch off automatic data roaming connections to avoid uncontrolled data consumption;
  • provide personalised pricing information, via a free automatic message to customers entering a Member State other than that of their home provider, including information about the fair use policy, any applicable surcharges and the fact that they risk being charged a higher price when using value-added services;
  • provide information, via a free automatic message to customers entering a Member State other than that of their home provider, about access to emergency services, including by alternative means;
  • take reasonable steps to protect customers from extra charges for voice calls and SMS messages if they inadvertently connect to non-terrestrial public mobile networks or a network in a country outside of the EU.

Fair use

To prevent customers using roaming services for purposes other than periodic travel, service providers may apply a fair use limit. The operator must inform customers in advance about such a limit and must send an alert if the customer reaches 80% of the limit. Any fair use policy must be consistent with users’ tariff plans and follow the detailed formula outlined in Commission Implementing Regulation (EU) 2016/2286.

Reaching emergency services abroad

• By June 2023, users will automatically receive a reminder when travelling abroad that they can access emergency services free of charge by calling the single European emergency number ‘112’ and of the available alternative means of contact, such as through real-time text or apps.
• Visited network operators must not charge for calls to emergency services.
• By the end of 2022, the Body of European Regulators for Electronic Communications should set up a single, EU-wide database for service providers and national regulatory authorities which includes:
  • numbering ranges for value-added services in each Member State;
  • means of access to emergency services mandated in each Member State that are technically feasible to be used by roaming customers.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 1 July 2022.

BACKGROUND

The regulation recasts and repeals Regulations (EU) No 531/2012 and (EU) 2015/2120.

For further information, see:

• Roaming: connected anywhere in the EU at no extra charge (European Commission).

KEY TERMS

1. Wholesale roaming access. One mobile network operator making facilities or services available to another undertaking to provide regulated roaming services to roaming customers.

MAIN DOCUMENT

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) (OJ L 115, 13.4.2022, pp. 1–37).

RELATED DOCUMENTS

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, p. 46–62).

Commission Delegated Regulation (EU) 2021/654 of 18 December 2020 supplementing Directive (EU) 2018/1972 of the European Parliament and of the Council by setting a single maximum Union-wide mobile voice termination rate and a single maximum Union-wide fixed voice termination rate (OJ L 137, 22.4.2021, pp. 1–9).

Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, pp. 70–115).

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (OJ L 321, 17.12.2018, pp. 36–214).

Successive amendments to Directive (EU) 2018/1972 have been incorporated in the original text. This consolidated version is of documentary value only.

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).

Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, pp. 1–15).

Commission Decision 2008/294/EC of 7 April 2008 on harmonised conditions of spectrum use for the operation of mobile communication services on aircraft (MCA services) in the Community (OJ L 98, 10.4.2008, pp. 19–23).

See consolidated version.

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, pp. 37–47).

See consolidated version.