Commission Delegated Regulation (EU) 2021/654 of 18 December 2020 supplementing Directive (EU) 2018/1972 of the European Parliament and of the Council by setting a single maximum Union-wide mobile voice termination rate and a single maximum Union-wide fixed voice termination rate (Text with EEA relevance)
1. This Regulation sets a single maximum Union-wide mobile voice termination rate and a single maximum Union-wide fixed voice termination rate to be charged by providers of wholesale voice termination services for the provision of mobile and fixed voice termination services.
2. This Regulation is without prejudice to the powers of national regulatory authorities under Article 64(3) and Articles 67 and 68 of Directive (EU) 2018/1972.
3. Articles 4 and 5 shall apply to calls originated from and terminated to Union-numbers.
4. Articles 4 and 5 shall also apply to calls originated from third country-numbers and terminated to Union-numbers where one of the two following conditions is met:
(a)
where a provider of voice termination services in a third country applies to calls originated from Union-numbers, mobile or fixed voice termination rates equal or lower than the maximum termination rates set out in Articles 4 or 5 respectively for mobile or fixed termination, for each year and each Member State, on the basis of rates applied or proposed by providers of voice termination services in third countries to providers of voice termination services in the Union; or
(b)
when:
(i)
the Commission determines that, on the basis of information provided by a third country, voice termination rates for calls originated from Union-numbers and terminated to numbers of that third country are regulated in accordance with principles equivalent to those set out in Article 75 of Directive (EU) 2018/1972 and Annex III thereto; and
(ii)
that third country is listed in the Annex to this Regulation.
5. Articles 4 and 5 shall be understood as per minute charges (without VAT) and shall be charged on a per second basis.
1. For the purposes of this Regulation, the following definitions apply:
(a)
‘mobile voice termination service’ means the wholesale service required to terminate calls to mobile numbers that are publicly assigned numbering resources, namely numbers from national numbering plans, provided by operators with the ability to control termination and set the termination rates for calls to such numbers, where there is interconnection with at least one network, irrespective of the technology used, including interconnection ports;
(b)
‘fixed voice termination service’ means the wholesale service required to terminate calls to geographic numbers and non-geographic numbers used for fixed nomadic services and to access emergency services, that are publicly assigned numbering resources, namely numbers from national numbering plans, provided by operators with the ability to control termination and set the termination rates for calls to such numbers, where there is interconnection with at least one network, irrespective of the technology used, including interconnection ports;
(c)
‘Union-number’ means a number from national numbering plans corresponding to E.164 country codes for geographic areas belonging to the territory of the Union.
1. A provider of mobile or fixed voice termination services shall not charge any rate higher than the relevant maximum voice termination rate for the service of terminating a call to an end user on its network as provided in Articles 4 and 5.
2. Where voice termination rates are currently set in a currency other than the euro, the maximum mobile and fixed voice termination rates under Articles 4(1), 4(2), 4(4), 4(5) and 5(1) shall be converted into the national currency by applying the average of the reference exchange rates published on 1 January, 1 February and 1 March 2021 by the European Central Bank in the Official Journal of the European Union .
3. The maximum mobile and fixed voice termination rates denominated in currencies other than the euro shall be revised annually and updated by 1 January each year, using the most recent average of the reference exchange rates published on 1 September, 1 October and 1 November by the European Central Bank in the Official Journal of the European Union .
1. The single maximum Union-wide mobile voice termination rate shall be EUR 0,2 cent per minute.
2. By derogation from paragraph 1, providers of mobile voice termination services may apply the following maximum mobile voice termination rates:
(a)
from 1 July 2021 to 31 December 2021, in Member States other than those mentioned in paragraph 3: EUR 0,7 cent per minute;
(b)
from 1 January 2022 to 31 December 2022, in Member States other than those mentioned in paragraph 4: EUR 0,55 cent per minute;
(c)
from 1 January 2023 to 31 December 2023, in Member States other than those mentioned in paragraph 5: EUR 0,4 cent per minute.
3. By derogation from paragraph 1, from 1 July 2021 to 31 December 2021, providers of mobile voice termination services may apply the following maximum mobile voice termination rates in the following Member States:
(a)
HRK 0,045 per minute in Croatia;
(b)
EUR 0,20 cent per minute in Cyprus;
(c)
DKK 0,0385 per minute in Denmark;
(d)
EUR 0,622 cent per minute in Greece;
(e)
HUF 1,71 per minute in Hungary;
(f)
EUR 0,43 cent per minute in Ireland;
(g)
EUR 0,67 cent per minute in Italy;
(h)
EUR 0,4045 cent per minute in Malta;
(i)
EUR 0,581 cent per minute in the Netherlands;
(j)
EUR 0,36 cent per minute in Portugal;
(k)
EUR 0,64 cent per minute in Spain;
(l)
SEK 0,0216 per minute in Sweden.
4. By derogation from paragraph 1, from 1 January 2022 until 31 December 2022, providers of mobile voice termination services may apply the following maximum mobile voice termination rates in the following Member States:
(a)
EUR 0,20 cent per minute in Cyprus;
(b)
EUR 0,52 cent per minute in Denmark;
(c)
EUR 0,47 cent per minute in Hungary;
(d)
EUR 0,43 cent per minute in Ireland;
(e)
EUR 0,40 cent per minute in Malta;
(f)
EUR 0,36 cent per minute in Portugal;
(g)
EUR 0,21 cent per minute in Sweden.
5. By derogation from paragraph 1, from 1 January 2023 until 31 December 2023, providers of mobile voice termination services may apply the following maximum mobile voice termination rates in the following Member States:
(a)
EUR 0,20 cent per minute in Cyprus;
(b)
EUR 0,36 cent per minute in Portugal;
(c)
EUR 0,21 cent per minute in Sweden.
1. The single maximum Union-wide fixed voice termination rate shall be EUR 0,07 cent per minute.
2. By derogation from paragraph 1, from 1 July 2021 to 31 December 2021, providers of fixed voice termination services may apply the following maximum rates for fixed voice termination services in the following Member States:
(a)
EUR 0,089 cent per minute in Austria;
(b)
EUR 0,093 cent per minute in Belgium;
(c)
HRK 0,0057 per minute in Croatia;
(d)
CZK 0,0264 per minute in Czechia;
(e)
EUR 0,111 cent per minute in Finland;
(f)
EUR 0,076 cent per minute in Latvia;
(g)
EUR 0,072 cent per minute in Lithuania;
(h)
EUR 0,110 cent per minute in Luxembourg;
(i)
EUR 0,111 cent per minute in the Netherlands;
(j)
PLN 0,005 per minute in Poland;
(k)
EUR 0,078 cent per minute in Romania;
(l)
EUR 0,078 cent per minute in Slovakia.
1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .
2. It shall apply from 1 July 2021.
Supplementary provisions
ANNEXSupplementary provisions
ANNEX
List of third countries pursuant to Article 1(4)(b) of this Regulation:
1.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
