BEREC Guidelines on Regulation (EU) No 531/2012, as amended by Regulation (EU) 2015/2120 and Commission Implementing Regulation (EU) 2016/2286 (Retail Roaming Guidelines)
These revised BEREC Guidelines are designed to explain Regulation (EU) No. 531/2012 as amended by Regulation (EU) 2015/2120 (hereafter “Roaming Regulation”) including the Commission Implementing Regulation (CIR) 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 2016 (BoR (16) 34) which dealt mainly with the transitional period. From 15 June 2017 onwards roaming providers should not levy any additional surcharge to the domestic retail price on roaming customers in any EEA Member State for any regulated roaming service, subject to a FUP. These changes required an update of the BEREC Guidelines. 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. NRAs are to take these BEREC Guidelines into utmost account when supervising the Roaming Regulation in their Member States. These Guidelines are complementary to the BEREC Guidelines on wholesale roaming access and separate sale of services pursuant to Articles 3, 4 and 5 Roaming Regulation, which will be updated separately by including the new provisions on wholesale roaming access.