Regulation (EU) No 531/2012 of the European Parliament and of the CouncilDangos y teitl llawn

[F1 Article 1 U.K. Subject matter and scope

1. This Regulation lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of roaming services.]

Textual Amendments

F1 Art. 1 substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

[F2 1. For the purposes of this Regulation, the expressions ‘public electronic communications network’, ‘interconnection’ and ‘network access’ shall have the respective meanings given by section 151(1), (2) and (3) of the Communications Act 2003.]

2. In addition to the definitions referred to in paragraph 1, the following definitions shall apply:

(a) ‘roaming provider’ means an undertaking that provides a roaming customer with regulated retail roaming services;

(b) ‘domestic provider’ means an undertaking that provides a roaming customer with domestic mobile communications services;

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) ‘home network’ means a [F4 public electronic communications network] located within [F5 the United Kingdom] and used by the roaming provider for the provision of regulated retail roaming services to a roaming customer;

[F6 (da) ‘public mobile communications network’ means a public electronic communications network which is used to provide mobile communications services to end-users (within the meaning of section 151(1) of the Communications Act 2003)];

(e) ‘visited network’ means a terrestrial public mobile communications network situated in a Member State F7 ... that permits a roaming customer to make or receive calls, to send or receive SMS messages or to use packet switched data communications, by means of arrangements with the home network operator;

(f) ‘Union-wide roaming’ means the use of a mobile device by a roaming customer to make or receive [F8 calls from the United Kingdom to a Member State or from a Member State to the United Kingdom or between Member States], to send or receive [F9 SMS messages from the United Kingdom to a Member State or from a Member State to the United Kingdom or between Member States], or to use packet switched data communications, while in a Member State F10 ..., by means of arrangements between the home network operator and the visited network operator;

(g) ‘roaming customer’ means a customer of a roaming provider of regulated roaming services, by means of a terrestrial public mobile communications network situated in [F11 the United Kingdom], whose contract or arrangement with that roaming provider permits Union-wide roaming;

(h) ‘regulated roaming call’ means a mobile voice telephony call made by a roaming customer, originating on a visited network and terminating on a [F12 public electronic communications network] within [F13 the United Kingdom or] the Union or received by a roaming customer, originating on a [F12 public electronic communications network] within [F13 the United Kingdom or] the Union and terminating on a visited network;

F14 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) ‘SMS message’ means a Short Message Service text message, composed principally of alphabetical and/or numerical characters, capable of being sent between mobile and/or fixed numbers assigned in accordance with national numbering plans;

(k) ‘regulated roaming SMS message’ means an SMS message sent by a roaming customer, originating on a visited network and terminating on a [F15 public electronic communications network] within [F16 the United Kingdom or] the Union or received by a roaming customer, originating on a [F15 public electronic communications network] within [F16 the United Kingdom or] the Union and terminating on a visited network;

F14 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages, but does include the transmission and receipt of MMS messages;

F14 (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Art. 2(1) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(4); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 2(2)(c) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(2)(d) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(2)(d) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 2(2)(da) inserted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(2)(e) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(e); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(2)(f) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 2(2)(f) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2(2)(f) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(f)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 2(2)(g) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(g); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 2(2)(h) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(2)(h) inserted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(h); 2020 c. 1, Sch. 5 para. 1(1)

F14 Deleted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F15 Words in Art. 2(2)(k) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 2(2)(k) inserted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(h); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 2(2)(o)-(s) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(5)(i); 2020 c. 1, Sch. 5 para. 1(1)

F18 Article 3 U.K. Wholesale roaming access

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F18 Article 4 U.K. [F19 Separate sale of regulated retail data roaming services]

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F19 Substituted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F18 Article 5 U.K. [F19 Implementation of separate sale of regulated retail data roaming services]

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F19 Substituted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F18 Article 6 U.K. Committee procedure

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F18 [F20 Article 6a U.K. Abolition of retail roaming surcharges

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F20 Inserted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F18 Article 6b U.K. Fair use

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F20 Inserted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F18 Article 6c U.K. Sustainability of the abolition of retail roaming surcharges

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F20 Inserted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F18 Article 6d] U.K. Implementation of fair use policy and of sustainability of the abolition of retail roaming surcharges

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F20 Inserted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F18 [F20 Article 6e] U.K. Provision of regulated retail roaming services

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F20 Inserted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F18 [F20 Article 6f] U.K. Transitional retail roaming surcharges

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F20 Inserted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F18 Article 7 U.K. Wholesale charges for the making of regulated roaming calls

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F14 Article 8 U.K. [F14 Retail charges for regulated roaming calls]

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Textual Amendments

F14 Deleted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F18 Article 9 U.K. Wholesale charges for regulated roaming SMS messages

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F14 Article 10 U.K. [F14 Retail charges for regulated roaming SMS messages]

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Textual Amendments

F14 Deleted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F18 Article 11 U.K. Technical characteristics of regulated roaming SMS messages

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F18 Article 12 U.K. Wholesale charges for regulated data roaming services

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Textual Amendments

F18 Arts. 3-12 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

F14 Article 13 U.K. [F14 Retail charges for regulated data roaming services]

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Textual Amendments

F14 Deleted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

Article 14 U.K. Transparency of retail charges for roaming calls and SMS messages

1. To alert roaming customers to the fact that they will be subject to roaming charges when making or receiving a call or when sending an SMS message, each roaming provider shall, except when the customer has notified the roaming provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State F21 ..., with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member State.

[F19 That basic personalised pricing information shall be expressed in the currency of the home bill provided by the customer’s domestic providerF22 ....]

It shall also include the free-of-charge number referred to in paragraph 2 for obtaining more detailed information and information on the possibility of accessing emergency services by dialling the European emergency number 112 free of charge.

On the occasion of each message, a customer shall have the opportunity to give notice to the roaming provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the roaming provider to provide the service again.

Roaming providers shall provide blind or partially-sighted customers with the basic personalised pricing information referred to in the first subparagraph automatically, by voice call, free of charge, if they so request.

[F19 The first, second, fourth and fifth subparagraphsF23 ... shall also apply to voice and SMS roaming services used by roaming customers travelling outside the Union and provided by a roaming provider.]

2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, and irrespective of their location within [F24 the United Kingdom or] the Union, more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls and SMS, and information on the transparency measures applicable by virtue of this Regulation, by means of a mobile voice call or by SMS. Such a request shall be to a free-of-charge number designated for this purpose by the roaming provider. Obligations provided for in paragraph 1 shall not apply to devices which do not support SMS functionality.

F25 2a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19 3. Roaming providers shall provide all customers with full information on applicable roaming charges, when subscriptions are taken out. They shall also provide their roaming customers with updates on applicable roaming charges without undue delay each time there is a change in these charges.

Roaming providers shall send a reminder at reasonable intervals thereafter to all customers who have opted for another tariff.]

4. Roaming providers shall make available information to their customers on how to avoid inadvertent roaming in border regions. Roaming providers shall take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in [F26 the United Kingdom].

Textual Amendments

F19 Substituted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F21 Words in Art. 14(1) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 14(1) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 14(1) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(7)(c); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 14(2) inserted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(8); 2020 c. 1, Sch. 5 para. 1(1)

F25 Art. 14(2a) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(9); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 14(4) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(10); 2020 c. 1, Sch. 5 para. 1(1)

Article 15 U.K. Transparency and safeguard mechanisms for retail data roaming services

1. Roaming providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers’ understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3.

Where appropriate, roaming providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, roaming providers shall notify to their customers, free of charge and in a clear and easily understandable manner, how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services.

[F19 2. An automatic message from the roaming provider shall inform the roaming customer that the latter is using regulated data roaming services, and provide basic personalised tariff information on the charges (in the currency of the home bill provided by the customer’s domestic provider) applicable to the provision of regulated data roaming services to that roaming customer in the Member State concerned, except where the customer has notified the roaming provider that he does not require that information.

F27 ...

The information shall be delivered to the roaming customer’s mobile device, for example by an SMS message, an e-mail or a pop-up window on the mobile device, every time the roaming customer enters a Member State F28 ... and initiates for the first time a data roaming service in that particular Member State. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.

A customer who has notified his roaming provider that he does not require the automatic tariff information shall have the right at any time and free of charge to require the roaming provider to provide this service again.]

F29 2a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19 3. Each roaming provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides in a timely manner information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated data roaming services and which guarantees that, without the customer’s explicit consent, the accumulated expenditure for regulated data roaming services over a specified period of use, excluding MMS billed on a per-unit basis, does not exceed a specified financial limit.]

To this end, the roaming provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer is informed in advance of the corresponding volume amounts. One of those limits (the default financial limit) shall be close to, but not exceed, [F30 £45] of outstanding charges per monthly billing period (excluding VAT).

Alternatively, the roaming provider may establish limits expressed in volume, provided that the customer is informed in advance of the corresponding financial amounts. One of those limits (the default volume limit) shall have a corresponding financial amount not exceeding [F30 £45] of outstanding charges per monthly billing period (excluding VAT).

In addition, the roaming provider may offer to its roaming customers other limits with different, that is, higher or lower, maximum monthly financial limits.

The default limits referred to in the second and third subparagraphs shall be applicable to all customers who have not opted for another limit.

Each roaming provider shall also ensure that an appropriate notification is sent to the roaming customer’s mobile device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 80 % of the agreed financial or volume limit. Each customer shall have the right to require the roaming provider to stop sending such notifications and shall have the right, at any time and free of charge, to require the provider to provide the service again.

When the financial or volume limit would otherwise be exceeded, a notification shall be sent to the roaming customer’s mobile device. That notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed. If the roaming customer does not respond as prompted in the notification received, the roaming provider shall immediately cease to provide and to charge the roaming customer for regulated data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services.

Whenever a roaming customer requests to opt for or to remove a financial or volume limit facility, the change shall be made within one working day of receipt of the request, shall be free of charge, and shall not entail conditions or restrictions pertaining to other elements of the subscription.

4. Paragraphs 2 and 3 shall not apply to machine-to-machine devices that use mobile data communication.

5. Roaming providers shall take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in [F31 the United Kingdom]. This shall include informing customers on how to avoid inadvertent roaming in border regions.

[F19 6. This Article, with the exception of paragraph 5F32 ..., and subject to the second and third subparagraph of this paragraph, shall also apply to data roaming services used by roaming customers travelling outside the Union and provided by a roaming provider.]

Where the customer opts for the facility referred to in the first subparagraph of paragraph 3, the requirements provided in paragraph 3 shall not apply if the visited network operator in the visited country outside the Union does not allow the roaming provider to monitor its customers’ usage on a real-time basis.

In such a case the customer shall be notified by an SMS message when entering such a country, without undue delay and free of charge, that information on accumulated consumption and the guarantee not to exceed a specified financial limit are not available.

Textual Amendments

F19 Substituted by Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (Text with EEA relevance).

F27 Words in Art. 15(2) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 15(2) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F29 Art. 15(2a) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(12); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 15(3) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(13); 2020 c. 1, Sch. 5 para. 1(1)

F31 Words in Art. 15(5) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(14); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 15(6) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(15); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Supervision and enforcement

1. [F33 OFCOM] shall monitor and supervise compliance with this Regulation F34 ....

F35 ...

[F36 2. [F33 OFCOM] F37 ... shall make up-to-date information on the application of this RegulationF38 ... publicly available in a manner that enables interested parties to have easy access to it.]

3. F39 ... [F33 OFCOM] shall F40 ... be alert to the particular case of inadvertent roaming in the border regions of neighbouring Member States and monitor whether traffic-steering techniques are used to the disadvantage of customers.

[F33 OFCOM] shall monitor and collect information on inadvertent roaming and take appropriate measures.

4. [F33 OFCOM] shall have the power to require undertakings subject to obligations under this Regulation to supply all information relevant to the implementation and enforcement of this Regulation. Those undertakings shall provide such information promptly on request and in accordance with time limits and level of detail required by [F33 OFCOM].

F41 4a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. [F33 OFCOM] may intervene on their own initiative in order to ensure compliance with this Regulation. In particular, they shall, where necessary, make use of the powers under [F42 sections 45 and 73 of the Communications Act 2003] to ensure adequate [F43 network access] and interconnection in order to guarantee the end-to-end connectivity and interoperability of roaming services, for example where customers are unable to exchange regulated roaming SMS messages with customers of a terrestrial public mobile communications network in [F44 a Member State] as a result of the absence of an agreement enabling the delivery of those messages.

6. Where [F33 OFCOM] finds that a breach of the obligations set out in this Regulation has occurred, it shall have the power to require the immediate cessation of such a breach.

Textual Amendments

F33 Word in Art. 16 substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(21); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 16(1) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(16)(a); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 16(1) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

F36 Substituted by Regulation (EU) 2017/920 of the European Parliament and of the Council of 17 May 2017 amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets (Text with EEA relevance).

F37 Words in Art. 16(2) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(17)(a); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Art. 16(2) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(17)(b); 2020 c. 1, Sch. 5 para. 1(1)

F39 Words in Art. 16(3) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(18)(a); 2020 c. 1, Sch. 5 para. 1(1)

F40 Word in Art. 16(3) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(18)(b); 2020 c. 1, Sch. 5 para. 1(1)

F41 Art. 16(4a) omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(19); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 16(5) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(20)(a); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 16(5) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(20)(b); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 16(5) substituted (31.12.2020) by The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(20)(c); 2020 c. 1, Sch. 5 para. 1(1)

F45 Article 17 U.K. Dispute resolution

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Textual Amendments

F45 Arts. 17-21 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(22); 2020 c. 1, Sch. 5 para. 1(1)

F45 Article 18 U.K. Penalties

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Textual Amendments

F45 Arts. 17-21 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(22); 2020 c. 1, Sch. 5 para. 1(1)

F45 Article 19 U.K. Review

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Textual Amendments

F45 Arts. 17-21 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(22); 2020 c. 1, Sch. 5 para. 1(1)

F45 Article 20 U.K. Notification requirements

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Textual Amendments

F45 Arts. 17-21 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(22); 2020 c. 1, Sch. 5 para. 1(1)

F45 Article 21 U.K. Repeal

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Textual Amendments

F45 Arts. 17-21 omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(22); 2020 c. 1, Sch. 5 para. 1(1)

Article 22 U.K. Entry into force and expiry

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union and its provisions shall apply from that day save as otherwise provided for in specific Articles.

It shall expire on 30 June 2022.

F46 ...

Textual Amendments

F46 Words in Signature omitted (31.12.2020) by virtue of The Mobile Roaming (EU Exit) Regulations 2019 (S.I. 2019/587), regs. 1, 3(23); 2020 c. 1, Sch. 5 para. 1(1)