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

During the 51^st BEREC plenary meeting (9-10 June 2022), the Board of Regulators has approved the draft BEREC guidelines on Regulation (EU) 2022/612 and Commission Implementing Regulation (EU) 2016/2286 (Retail Roaming Guidelines) for public consultation.

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.

These revised BEREC Retail Guidelines are 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. These Guidelines replace the BEREC Guidelines published in 2017 (BoR (17) 56).

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 Member States.