Commission Implementing Regulation (EU) 2025/2592 of 17 December 2025 for the application of Regulation (EU) 2015/2120 of the European Parliament and of the Council as regards fair use, based on typical usage patterns, and anti-fraud measures for intra-EU communications

• CELEX: Implementing Regulation (EU) 2025/2592
• Articles: 5

Article 1 Fair use policy

1.   The fair use policy shall allow providers of electronic communications to the public to apply a safeguard when a consumer’s usage of intra-EU communications exceeds the typical usage.

2.   To benefit from the fair use policy safeguard, a provider of electronic communications to the public shall set the conditions defining the typical usage of intra-EU communications for a minimum defined duration of one billing period, and across all its tariffs’ plans in a Member State.

3.   The conditions defining the typical usage of intra-EU communications shall be based on volumes of intra-EU communications that are significantly higher than the average number of intra-EU minutes or SMS consumed per month per consumer in a Member State as reported in the latest Intra-EU communications BEREC Benchmark report available at the time the conditions are set. In case there is no benchmark available for a Member State, the provider shall use the EU average figures.

4.   When in a defined period a consumer’s usage of intra-EU communications deviates from the conditions defining typical usage, providers may charge additional charges only to the intra-EU communications units concerned until the end of the defined period in which such deviation occurs.

5.   This fair use policy shall apply separately for intra-EU calls, for fixed and mobile calls, and for intra-EU SMS messages.

6.   National regulatory authorities shall monitor and enforce the correct application of the safeguard.

Article 2 Anti-fraud measures

Providers of intra-EU communications may apply anti-fraud measures to detect fraudulent usage related to the voluntary decision to apply equal retail prices for domestic and intra-EU communications. Where the provider detects fraudulent activity and decides that measures are needed to tackle promptly the suspected fraud, the provider shall inform the national regulatory or other competent authority as soon as possible, and, in any event, within 5 working days following the adoption of the measures.

Article 3 Consumer protection

1.   When a provider of intra-EU communications applies a fair use policy, it shall include in the contracts with consumers drawn pursuant to Article 102 of Directive (EU) 2018/1972, the terms and conditions associated with that policy and in particular, the surcharges per intra-EU call and SMS that may apply to the consumption of intra-EU communications exceeding the typical usage. In addition, when a consumer has used 80 % of a typical usage limit, the provider shall immediately alert the consumer of the risk of triggering surcharges and of the surcharges applicable.

2.   Consumers shall have the right to appeal the decisions taken by the provider of intra-EU communications, including through conciliation and competent out-of-court dispute resolution bodies as referred to in Article 25 of Directive (EU) 2018/1972.

Article 4 BEREC benchmark transitional period

1.   BEREC shall update the benchmark for intra-EU communications to ensure that in the future this benchmark reports all usage of intra-EU communications. The updated benchmark report shall be available by October 2026.

2.   Providers shall be able to apply the latest available Intra-EU communications BEREC Benchmark report until 1 January 2027 at the latest to allow for a transitional period.

Article 5 Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

It shall apply until 31 December 2028.