Roaming Charges across the EU

Amtmann

I would like to know if there are any plans to compel mobile operators, such as Vodafone, O2, etc., to charge standard rates for calls and texts across all member states.

TalkToEU: John

Hi Furret.

The EU has already acted strongly to introduce maximum rates that can be charged by mobile operators which has significantly reduced the cost of roaming. On July 1st 2009 the following was implemented.

The new roaming legislation introduced by the EU will:

- cap the price that consumers can be charged for sending a text message while abroad at €0.11 (excluding VAT), compared to a current average of €0.28 (with prices per roamed SMS above €0.35 in the Netherlands and in Portugal).

- further reduce price caps for mobile roaming calls. Now at €0.46 for calls made and €0.22 for calls received abroad, the caps will go down to €0.43 for calls made and €0.19 for calls received abroad on 1 July 2009, to €0.39 and €0.15 on 1 July 2010 and to €0.35 and €0.11 by 1 July 2011 (all prices per minute, excluding VAT).

- substantially reduce data roaming charges (the cost of surfing the web or downloading movies with a mobile phone while abroad) by introducing a wholesale cap of €1 per megabyte downloaded, compared to an average wholesale price of € 1.68 per megabyte, with peaks in Ireland (€6.82), Greece (€5.30) and in Estonia (€5.10). The wholesale cap will fall to €0.80 in 2010 and to €0.50 in 2011.

- protect consumers from "bill shocks" by allowing customers to choose a cut-off mechanism once the bill reaches €50, unless the consumer opts for a higher limit. Operators will have until March 2010 to put these transparency measures in place. Recently, a German consumer who downloaded a TV programme while roaming in France was faced with a bill of €46,000.

- introduce the principle of per-second billing after the first 30 seconds for roamed calls made and from the first second for calls received while abroad. At present, consumers are paying around 20% more than the time they actually consume when making or receiving calls.

There is a dedicated website that provides information on the above legislation.
Roaming in the EU

Thank you for your question and feel free to follow up.

Amtmann

Thank you John. I am aware of that legislation and I was delighted when it was introduced.

My question relates more to the abolition of roaming in the EU altogether, since we are talking about the same operators (Vodafone, etc.) providing a service in all EU member states.

So my question really is: Does the EU have a policy under preparation which would say to these companies, "look, in the EU there is to be no roaming as all of these states are member states, and, as such - and in lines with the principle of the common market - there is to be one uniform rate for your customers in all member states".

To give an example, one would roam as an EU mobile customer while in Russia or Morocco, but if I were an o2 customer in Ireland, then I would be able to make a call in Slovakia at the same cost as if I were in Cork. Or, if I were living in Germany and an O2 customer, then I would be able to call my friends in Ireland as though Ireland were a part of Germany, and vice versa. In short, 'roaming' would cease to exist in the EU.

And, while I'm on it, are there any moves to abolish international dialing codes for EU states and to replace them with a single EU international dialing code?

TalkToEU: John

Hi Furet,

Thank you for your patience over the Easter holidays.

Beyond the current legislation that aims to further reduce roaming charges in 2011, there is no legislation in preparation that will compel mobile phone operators to introduce common tariffs in all member states in the manner you set out.

We'll update you if there any developments in this area.

In relation to an EU dialing code and the abolition of international codes for EU member states, there are no plans in this area.

limklad

I know calls and text are in the legislation, what about data since smartphones with internet access are getting more common and people wanted to stay online to stay in contact or get information.

Data is very costly if you do not sign up to a package. I recently got charged €125+ for 45MB for using wrong APN in which the mobile phone operator who never told me how to use their internet access product when I signed up to a package online. They never told me the date of activation either, in which I complain heavily to them about that initially.
They just accepted my sign on to the package and no more information on how to access it properly or when it will be available to me, only to leave the assumption that It is automatically available straight away and nothing is need my me to do to gain access.
When I discovered online on my usage two weeks+ later, I discovered I was been charged heavily. I complained using the operator customer care number, they just told me the date when it was been activated and never told me about the APN, I suppose to use and how to gain access to it.
I assumed I was using the default setting for the package. Yet every time I talked to the operator customer care, they had full access to my details/ billing and other online data yet it never flag to them, that I was not using the right system that I should be using for my mobile Internet package. I even called to their shop to verify I was been activated on the correct date, but they too never cop on that I was using the wrong APN, even though It showed up on the bill as three different APN's.
From then on I started sending emails back and forth to keep recording of my communication after discovering I was been billed for data even though the date of activation had passed. I will not know until I get my next bill if my mobile operator undid the damage to my bill for their non-communication/information on their part.

Other people could land themselves in the same situation as I did and have an even bigger bill for data for tiny amounts of internet data.

1/. Is there any EU legislation that forces companies to make sure that customers know/have the correct information to use their products and when it is available to use?

2/. Is mobile internet data usage going to be added to call and Text maximum price caps in future EU legislation?

TalkToEU: John

Hi limklad,

1. I've been in contact with the reps from European Consumer Centre for a more specific answer in relation to this. We'll come back to you ASAP.

2. See my earlier post.

- substantially reduce data roaming charges (the cost of surfing the web or downloading movies with a mobile phone while abroad) by introducing a wholesale cap of €1 per megabyte downloaded, compared to an average wholesale price of € 1.68 per megabyte, with peaks in Ireland (€6.82), Greece (€5.30) and in Estonia (€5.10). The wholesale cap will fall to €0.80 in 2010 and to €0.50 in 2011.

- protect consumers from "bill shocks" by allowing customers to choose a cut-off mechanism once the bill reaches €50, unless the consumer opts for a higher limit. Operators will have until March 2010 to put these transparency measures in place. Recently, a German consumer who downloaded a TV programme while roaming in France was faced with a bill of €46,000.

ECC: Caroline

TalkToEU: John wrote: »

Hi limklad,

1. I've been in contact with the reps from European Consumer Centre for a more specific answer in relation to this. We'll come back to you ASAP.

2. See my earlier post.

Hi Limklad, John,

Sincere apologies for the delay getting back to you on this.

As you have pointed limklad, data is very costly if you do not sign up to a package. Even then, the range of available data and tariffs is subject to constant changes so it is advisable that you check the various options to see what the applicable data limit is (e.g. fair use allowance) and what happens if you exceed it (some operators may cut you off at that point while others may charge you per use of additional megabytes). The website www.callcosts.ie, operated by ComReg, can help you when comparing operators but you should always check each operator's terms and conditions before using data services to avoid disappointment. Please note that one of the functions of ComReg's Consumer Policy Unit is to ensure an adequate level of consumer protection.

As regards the question about EU legislation forcing companies to make sure that customers know/have the correct information to use their products, the answer is yes, even if the EU law in question has a very broad scope: Directive 2005/29/EC on unfair commercial practices deals with information requirements and the way the information is presented to the consumer.

Under article 6 of the Directive, a commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to elements such as the existence or nature of the product, or the main characteristics of the product, its availability, benefits, aftersales customer assistance, delivery, fitness for purpose and usage. Likewise, a commercial practice that hides material information or provides this in an unclear, unintelligible, ambiguous or untimely manner shall be regarded as a misleading omission
The above Directive was transposed to Irish law by the Consumer Protection Act 2007.

Directive 93/13/EEC, transposed to Irish law by the European Communities (unfair terms in consumer contracts) Regulations 1995, could also be invoked as it states that a contractual term which has not been individually negotiated is regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

When it comes to data roaming within the EU/EEA, there is specific legislation and to this end Regulation (EC) No. 544/2009 aims to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services. In particular, Article 6a requires home operators to ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the applicable charges to facilitate customers' understanding of the financial consequences of data use when abroad.

I hope this answer helps somewhat.
Kind regards,
Caroline