Date: 2018-12-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2018/1979 of 13 December 2018 setting the weighted average of maximum mobile termination rates across the Union and repealing Implementing Regulation (EU) 2017/2311 (Text with EEA relevance.)
Issued by European Commission
· Directorate-General for Communications Networks
Executive Summary:
Commission Implementing Regulation (EU) 2018/1979 sets the weighted average of maximum mobile termination rates across the Union at EUR 0.0085 per minute. This regulation, effective from the twentieth day following its publication, repeals Implementing Regulation (EU) 2017/2311. It is based on data from July 1, 2018, and aligns with Regulation (EU) No 531/2012 regarding roaming on public mobile communications networks.
Key Points / Main Content:
* **Mobile Termination Rates:**
* The weighted average of maximum mobile termination rates across the Union is set at EUR 0.0085 per minute.
* **Repeal of Previous Regulation:**
* Commission Implementing Regulation (EU) 2017/2311 is repealed.
* **Entry into Force:**
* The regulation comes into force on the twentieth day following its publication in the Official Journal of the European Union.
* **Calculation Methodology:**
* The weighted average is calculated by multiplying the maximum mobile termination rate in each Member State by the total number of subscribers in that state, summing the results, and dividing by the total number of subscribers across all Member States.
* Exchange rates from the second quarter of 2018 are used for non-Euro Member States.
Impact Analysis:
* **Mobile Network Operators:**
* Impact: Operators must adhere to the updated weighted average of maximum mobile termination rates when providing wholesale voice call termination on their networks.
* Action Required: Adjust pricing strategies to comply with the new rate of EUR 0.0085 per minute.
* **National Regulatory Authorities:**
* Impact: Authorities are the source of the data used in the calculation of the weighted average of maximum mobile termination rates.
* Action Required: Continue to provide updated information on maximum mobile termination rates and subscriber numbers to the Body of European Regulators for Electronic Communications (BEREC).
* **European Commission:**
* Impact: Responsible for calculating and setting the weighted average of maximum mobile termination rates across the Union.
* Action Required: Annually review the weighted average of maximum mobile termination rates across the Union.
* **Roaming Customers:**
* Impact: Benefit from regulated roaming calls, with any surcharges limited to the weighted average of maximum mobile termination rates.
* Action Required: No direct action required; benefit from the regulation limiting surcharges on received roaming calls.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Regulation EU No 531/2012: A regulation of the European Parliament and of the Council on roaming on public mobile communications networks within the Union.
Commission Implementing Regulation EU 2018/1979: Regulation setting the weighted average of maximum mobile termination rates across the Union.
Commission Implementing Regulation EU 2017/2311: Regulation setting out the weighted average of maximum mobile termination rates across the Union to be applied in 2018.
Body of European Regulators for Electronic Communications: An EU body composed of representatives from the National Regulatory Authorities (NRAs) of the EU Member States.
Directive 2002/21/EC: Directive of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (Framework Directive).
Directive 2002/19/EC: Directive of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive).
L 317/10 EN Official Journal of the European Union 14.12.2018
COMMISSION IMPLEMENTING REGULATION (EU) 2018/1979
of 13 December 2018
setting the weighted average of maximum mobile termination rates across the Union and repealing
Implementing Regulation (EU) 2017/2311
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 6e(2) thereof,
Whereas:
(1) In accordance with Regulation (EU) No 531/2012, from 15 June 2017 domestic providers should not levy any
surcharge, in addition to the domestic retail price on roaming customers, in any Member State for any regulated
roaming call received, where those calls are within the limits allowed by fair use policy.
(2) Regulation (EU) No 531/2012 limits any surcharge applied for receiving regulated roaming calls to the weighted
average of maximum mobile termination rates across the Union.
(3) Commission Implementing Regulation (EU) 2017/2311 (2) set out the weighted average of maximum mobile
termination rates across the Union to be applied in 2018 on the basis of the values of the data of 1 July 2017.
(4) The Body of European Regulators for Electronic Communications has provided the Commission with updated
information gathered from Member States' national regulatory authorities on the maximum level of mobile
termination rates imposed, in accordance with Articles 7 and 16 of Directive 2002/21/EC of the European
Parliament and of the Council (3) and Article 13 of Directive 2002/19/EC of the European Parliament and of the
Council (4), in each national market for wholesale voice call termination on individual mobile networks, and on
the total number of subscribers in the Member States.
(5) Pursuant to Regulation (EU) No 531/2012, the Commission has calculated the weighted average of the maximum
mobile termination rates across the Union by multiplying the maximum mobile termination rate permitted in
a given Member State by the total number of subscribers in that Member State, summing that product over all
Member States and then dividing the total obtained by the total number of subscribers in all Member States, on
the basis of the values of the data of 1 July 2018. For non-euro Member States, the relevant exchange rate is the
average for the second quarter of 2018 obtained from the European Central Bank's database.
(6) It is therefore necessary to update the value of the weighted average of maximum mobile termination rates across
the Union laid down in Implementing Regulation (EU) 2017/2311.
(7) Implementing Regulation (EU) 2017/2311 should therefore be repealed.
(8) Pursuant to Regulation (EU) No 531/2012 the Commission is to review the weighted average of maximum
mobile termination rates across the Union annually.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Communications
Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The weighted average of maximum mobile termination rates across the Union is set at EUR 0,0085 per minute.
(1) OJ L 172, 30.6.2012, p. 10.
(2) Commission Implementing Regulation (EU) 2017/2311 of 13 December 2017 setting out the weighted average of maximum mobile
termination rates across the Union and repealing Implementing Regulation (EU) 2016/2292 (OJ L 331, 14.12.2017, p. 39).
(3) Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for
electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).
(4) Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic
communications networks and associated facilities (Access Directive) (OJ L 108, 24.4.2002, p. 7).14.12.2018 EN Official Journal of the European Union L 317/11
Article 2
Implementing Regulation (EU) 2017/2311 is repealed.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2018.
For the Commission
The President
Jean-Claude JUNCKER