
Article 1 
This Regulation lays down detailed rules for the separate sale of regulated retail roaming services across the Union.
It lays down detailed rules on a technical solution for the implementation of the separate sale of regulated retail roaming services. It also lays down detailed rules on the information obligations of domestic providers towards their roaming customers concerning the possibility to opt for roaming services provided by any alternative roaming provider.
Article 2 
For the purposes of this Regulation, the following definitions shall apply:

((a)) ‘resale of retail roaming services’ means a provision of regulated roaming services, provided as a bundle, and associated services, such as voice mailbox services, that are usually available to roaming customers, without the need for roaming customers to change their SIM card or mobile device, in accordance with a wholesale agreement concluded between an alternative roaming provider and a domestic provider;
((b)) ‘local data roaming service’ means a regulated data roaming service provided, temporarily or permanently, to roaming customers directly on a visited network, by an alternative roaming provider without the need for roaming customers to change their SIM card or mobile device;
((c)) ‘EU-Internet access point name (APN)’ means a common identifier set, manually or automatically, in the roaming customer’s mobile device and recognised by the home network and visited network to indicate the roaming customer’s choice to use local data roaming services;
((d)) ‘traffic steering’ means a control function used by the home network operator aimed at the selection of visited networks for its roaming customers based on a priority list of preferred visited networks;
((e)) ‘network barring’ means a control function used by the home network operator aimed at avoiding the selection of certain visited networks for its roaming customers;
((f)) ‘durable medium’ means any instrument which enables the customer to store information addressed personally to him in a way which ensures accessibility for future use for an appropriate period of time, taking into account the purposes in which that information can be used and which allows the unchanged reproduction of the information stored;
((g)) ‘recipient roaming provider’ means a roaming provider, that will provide roaming services instead of roaming services currently provided by the donor roaming provider after the change of roaming provider;
((h)) ‘donor roaming provider’ means the roaming provider, that is currently providing roaming services to a customer.
Article 3 

1. For the purpose of enabling roaming customers to access regulated voice, SMS and data roaming services, provided as a bundle by any alternative roaming provider, domestic providers operating a terrestrial public mobile communication network shall provide the necessary network elements and the relevant services that allow for the resale of retail roaming services, to the domestic provider’s customers by the alternative roaming provider in parallel to domestic mobile communication services without the need for the roaming customers to change their SIM card or mobile device.
2. The network elements and relevant services provided in paragraph 1 shall cover inter alia:
(a) facilities necessary for the procedure to change the roaming provider in accordance with paragraph 5;
(b) facilities related to customer information, such as location data of the customer and customer data records for billing support, that are necessary for the provision of retail roaming services;
(c) facilities necessary to support the implementation of the financial limits for the specified period of use of data roaming services in accordance with Article 15 of Regulation (EU) No 531/2012.
3. Domestic providers operating a terrestrial public mobile communication network shall meet all reasonable requests for access to network elements and services in accordance with paragraphs 1 and 2.
4. Domestic providers shall ensure that the roaming customers of the alternative roaming providers may continue to use their existing voice mailbox services.
5. The donor roaming provider shall collaborate with the recipient roaming provider in order to ensure that roaming customers who have concluded a contract with a recipient roaming provider are able to use the services provided by this provider within one working day.
Article 4 

1. For the purpose of not preventing roaming customers from accessing regulated data roaming services provided directly on a visited network by an alternative roaming provider, domestic providers operating a terrestrial public mobile communication network shall meet reasonable requests for access to the necessary network elements and the relevant services that allow for the processing of data roaming traffic in the visited network and for the retail provisioning of local data roaming services by alternative roaming providers.
2. The network elements and relevant services provided in paragraph 1 shall cover inter alia:
(a) facilities necessary for the roaming customer to switch between a roaming provider using a home network and an alternative roaming provider of local data roaming services for the purpose of using data roaming services in accordance with paragraph 4;
(b) facilities allowing for the establishment of user access profiles for the EU-internet APN in the home network and for a mechanism in the home network that enables the processing of data roaming traffic in the visited network, routing of data roaming traffic to the selected alternative roaming provider and the retail provision of the data roaming service by the visited network operator for these user’s access profiles;
(c) facilities ensuring that traffic steering, network barring, or other mechanisms applied in the home network do not prevent the users from selecting the visited network for local data roaming services of their choice;
(d) facilities ensuring that the user is not disconnected from the visited network for local data roaming services of its choice due to traffic steering or other mechanisms applied in the home network.
3. If an alternative roaming provider intends to offer local data roaming services, domestic providers operating a terrestrial public mobile communication network shall, for this purpose, meet reasonable requests for wholesale roaming access from an alternative roaming provider and allow the provision of local data roaming services by the alternative roaming provider and the provision of the remaining roaming services (voice and SMS) by the roaming provider using a home network to the roaming customers concerned during the usage of local data roaming services.
4. The donor roaming provider shall collaborate with the recipient roaming provider in order to ensure that roaming customers who have concluded a contract with a recipient roaming provider for the provision of local data roaming services are able to use the services provided by this provider instantaneously from the moment a recipient roaming provider sends a request to a donor roaming provider.The donor provider and the alternative roaming provider have to ensure that, when implementing the technical modality, any roaming customer using local data roaming services has the possibility to cease using local data roaming services and to return to the default roaming services provided by the donor roaming provider at any time. The alternative roaming provider providing local data roaming services shall not prevent the automatic restoration of these default roaming services instantaneously from the moment a donor roaming provider sends a request to the alternative roaming provider.
Article 5 
The domestic providers operating a terrestrial public mobile communication network shall implement cumulatively the technical modality for the implementation of the separate sale of regulated retail roaming services provided as a bundle and the technical modality for implementing access to local data roaming services on a visited network.
Roaming providers shall cooperate in order to ensure the interoperability of interfaces for the technical solution to implement the separate sale of regulated retail roaming services, on the basis of common agreed standards. Reference documents and database procedures applied by network operators for roaming purposes may be applied, provided that they are publicly available and are in conformity with Regulation (EU) No 531/2012 and the present Regulation.
Article 6 

1. From 1 July 2014, domestic providers shall inform their existing roaming customers and shall provide information to new customers before the conclusion of the contract about the possibility to opt for separate roaming services provided by alternative roaming providers. In particular, they shall provide the following information:
(a) details on the necessary steps to be taken by roaming customers to switch to or between alternative roaming providers;
(b) the possibility to switch to or between alternative roaming providers at any moment and free of charge;
(c) the changes which will be brought to the existing contractual conditions, which have to ensure that no charges are applied to the customer by the donor roaming provider in relation to the switch;
(d) the period in which the switch to or between alternative roaming providers will be effected;
(e) a reminder, that in case of the change of the domestic provider, the new domestic provider does not have the obligation to support the roaming services provided by a specific alternative roaming provider;
(f) At the time of concluding a new contract or renewing an existing contract, customers shall confirm explicitly that they have been informed about the possibility to opt for an alternative roaming provider.
2. Information referred to by paragraph 1 shall be provided on a durable medium in a clear and comprehensible manner and in an easily accessible form. In case of pre-paid customers, whose contact information is not known to domestic providers, domestic providers should inform them via SMS or any other suitable mean.Roaming customers shall have the right to request and receive, free of charge, more detailed information on the possibility to switch roaming providers at any time.
Article 7 
The Commission, when carrying out the review in accordance with Article 19 of Regulation (EU) No 531/2012, shall also assess, in consultation with BEREC, the effectiveness of the chosen technical solution to implement the separate sale of regulated retail roaming services and whether it requires to be updated in the light of technological or market developments. The review shall in particular evaluate whether the technical solution still meets the criteria set in Article 5(3) of Regulation (EU) No 531/2012 in the most efficient manner.
Article 8 
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2014 to 30 June 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 14 December 2012.
For the Commission
The President
José Manuel BARROSO