Public consultation on the draft BEREC guidelines on the application of Article 3 of Regulation (EU) 2022/612 of 6 April 2022 on roaming on public communications networks within the Union (Wholesale Roaming Guidelines)
25 May 2022
These Wholesale Roaming Guidelines replace the BEREC Guidelines of 2017 (BoR (17) 114) which concern the wholesale roaming access obligations for MNOs and the rights for access seekers on the application of Article 3 of Regulation (EU) 531/2012 as amended by Regulation (EU) 2015/2120 and Regulation (EU) 2017/920 (previous Roaming Regulation). The revision of the BEREC Guidelines of 2017 was necessary to include the changes introduced by the new Roaming Regulation (EU) 2022/612 of 6 April 2022 on roaming on public communications networks within the Union.
This document contains the guidance, which BEREC is required to publish by 5 October 2022 under the Roaming Regulation relating to the application of Article 3. The guidance is not presented as an official legal interpretation. Nevertheless, NRAs are required to take the guidance into utmost account when resolving any disputes or taking any enforcement actions concerning Article 3. In particular, where NRAs make a decision, which departs from this guidance, they will be expected to state objective reasons for the departure. These Guidelines are complementary to the BEREC Retail Roaming Guidelines.
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 25 May to 24 June 2022.
All stakeholders are invited to submit their contributions to the following e-mail address: PC_Wholesale_GLs@berec.europa.eu. 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.