Public consultation on the draft BEREC guidelines on Regulation (EU) 2022/612 and Commission Implementing Regulation (EU) 2016/2286 (Retail Roaming Guidelines)

14 June 2022

During the 51st 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.

Practical details of the public consultation

In accordance with the BEREC policy on public consultations, BEREC will publish a summary of all received contributions, respecting confidentiality requests. Any such requests should clearly indicate which information is considered confidential.

The public consultation will run from 10 June 2022 to 9 August 2022.

All stakeholders are invited to submit their contributions to the following e-mail address: [email protected]. Further enquiries about the consultation including registration with the online platform may also be submitted to this address.

The overall size of the e-mail (including attachments) should not be larger than 2 MB

After submitting the contribution via e-mail, an automatic reply will be generated. If this confirmation e-mail is not received, the submission of the contribution was not successful and it should be submitted again.

Contributions should be sent preferably in English and, in order to facilitate processing of the responses, the comments provided should clearly refer to the certain paragraphs/guideline of the document.

We strongly encourage all stakeholders to submit their contributions as early as possible. Contributions received after the above mentioned deadline will not be taken into account.

All contributions will be published on the BEREC website, taking into account requests for confidentiality and publication of personal data. Any such requests should clearly indicate which information should be considered confidential.