Draft BEREC Guidelines on Regulation (EU) 2022/612 and Commission Implementing Regulation (EU) 2016/2286 (Retail Roaming Guidelines)

According to Article 4 (3) and Article 8 (6) of Regulation (EU) 2022/612 (hereafter “Roaming Regulation”), BEREC shall update its retail roaming guidelines in close cooperation with the Commission and consult with stakeholders for the purpose of ensuring the consistent application of the provisions.

The 2022 revised BEREC Retail Guidelines have been designed to explain the Roaming Regulation, including the Commission Implementing Regulation laying down detailed rules on the application of a “fair use policy” (FUP), 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 (hereafter “CIR”). The 2026 revision takes into account the geographical extension of the EU RLAH area to include Ukraine and Moldova, based on decisions taken in accordance with the Association Agreement between the European Union and with Ukraine, and between the European Union and Moldova, respectively. These Guidelines replace the BEREC Guidelines published in 2022 (BoR (22) 174).

As before, these revised Guidelines are complementary to the provisions set out in the Roaming Regulation and are not presented as an official legal interpretation of those provisions. These Guidelines are complementary to the BEREC Guidelines on wholesale roaming access. NRAs are to take these BEREC Guidelines into utmost account when supervising the compliance with the Roaming Regulation in their respective countries.

The guidelines are open for public consultation.