Implementation of fair use policy and of sustainability mechanism
Article 7
1. In order to ensure consistent application of Articles 5 and 6, the Commission shall, after consulting BEREC, adopt implementing acts laying down detailed rules on the following: (a) the application of fair use policies; (b) the methodology for assessing the sustainability of the provision of retail roaming services at domestic prices; and (c) the application to be submitted by a roaming provider for the purposes of the assessment referred to in point (b). The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 20(2). The Commission shall, after consulting BEREC, review the implementing acts referred to in the first subparagraph periodically in light of market developments. 2. When adopting implementing acts laying down detailed rules on the application of fair use policies, the Commission shall take into account the following: (a) the evolution of pricing and consumption patterns in the Member States; (b) the degree of convergence of domestic price levels across the Union; (c) the travelling patterns in the Union; (d) any observable risks of distortion of competition and investment incentives in domestic and visited markets. 3. The Commission shall base the implementing acts referred to in paragraph 1, points (b) and (c) on the following: (a) the determination of the overall actual and projected costs of providing regulated retail roaming services by reference to the effective wholesale roaming charges for unbalanced traffic and a reasonable share of the joint and common costs necessary to provide regulated retail roaming services; (b) the determination of overall actual and projected revenues from the provision of regulated retail roaming services; (c) the consumption of regulated retail roaming services and the domestic consumption by the roaming provider’s customers; (d) the level of competition, prices and revenues in the domestic market, and any observable risk that roaming at domestic retail prices would appreciably affect the evolution of such prices. 4. The national regulatory authority and, where applicable for the exercise of the powers conferred on them by national law transposing Directive (EU) 2018/1972, other competent authorities shall strictly monitor and supervise the application of fair use policies. The national regulatory authority shall strictly monitor and supervise the application of the measures on the sustainability of the provision of retail roaming services at domestic prices, taking utmost account of relevant objective factors specific to the Member State concerned and of relevant objective variations between roaming providers. Without prejudice to the procedure set out in Article 6(3), the national regulatory authority shall, in a timely manner, enforce the requirements of Articles 5 and 6 and the implementing acts provided for in paragraph 2 of this Article. The national regulatory authority may at any time require the roaming provider to amend or discontinue the surcharge if it does not comply with Article 5 or 6. Other competent authorities shall enforce the requirements of Article 5 and of the implementing acts which are relevant for the exercise of the powers conferred on them by national law transposing Directive (EU) 2018/1972, as the case may be. The national regulatory authority and, where applicable, other competent authorities shall inform the Commission annually concerning the application of Articles 5 and 6, and of this Article. 5. Implementing Regulation (EU) 2016/2286 shall continue to apply until the date of application of a new implementing act adopted pursuant to paragraph 1 of this Article.