A telephone operator that evaluates the presence of one of its clients in another member state in order to assess whether it can apply a surcharge, should not include the days when the telephone is not connected. This is one of the guidelines published by the Body of European Regulators for Electronic Communications (BEREC) on 28 March.
The main destination of the document is the network operators. It contains 192 guidelines that are supposed to accompany implementation of the 2015/2120 regulation, which stipulates that telephone operators can no longer invoice surcharges to customers that temporarily travel to another member state as from 15 June 2017 (roaming costs). It also provides clarification regarding the Commission’s fair use policy, which seeks to prevent provision for consumers in member states that provide the lowest costs (see EUROPE 11685). It will be completed by a number of other BEREC guidelines on access to wholesale roaming and separate sales services.
In its 40-page document, BEREC covers many different themes such as the durability clause, bundles and definitions. It explains, for example, that “higher use in a country or the presence of a majority presence of the client in the country in question during the period observed” is proof of normal and non-abusive use of regulated wholesale roaming services when “more than 50% of mobile services are used on the country question during the period observed”. Another example: the means the roaming customer has for demonstrating that they have “stable” links with their member state. BEREC considers that customers should receive a non-exhaustive list of data in advance that enables them, if needs be, to demonstrate that they have a stable link with a member state.
BEREC adds that customers should be able to simply present “credible and easily accessible proof”. The organisation is expected to complete these guidelines with “questions and answers” for operators. The Commission is also expected to publish, with the assistance of the European Consumers Organisation (BEUC), “questions and answers” for consumers (translated into all EU languages). The guidelines are available at: http://urlz.fr/52LA . (Original version in French by Sophie Petitjean)