Implementation of Regulation (EU) N. 531/2012 on Roaming Within The EUThe latest amendments in the Electronic Communications Act in issue 29 of the State Gazette tend to introduce measures in accordance with Regulation (EC) N. 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the EU. These measures are necessary because of the increasing number of users of roaming services and the growing need for mobile data which require proper technological solutions and working business models.
The amendments in issue 29 also aim to complement the legal framework regarding the imposition of sanctions by the national regulatory authority.

In particular:
- to the data collected in the public registers of the companies, maintained by the Commission for regulation of communications, is added also the information about the "number of the company subscribers, differentiated according to the services offered them by the organization, based on the information in the annual activity report ..." (Article . 33, para. 2, pt. 6) The companies who intend to provide public electronic communications are also obliged to publish the above-mentioned information on their websites;
- in case of failure to perform the legal obligations, the Commission informs the organization who provide public electronic communications about the failures found within 7 days from the establishment, fixing an appropriate term to express a concern. Depending on the case, the Commission decides whether to give a reasonable time and autonomy of action to the company in order to perform the requirements or to give specific instructions for the immediate removal of the inconsistencies ensuring that the company satisfies the measures required by the acts.

The described procedure is independent and in parallel with the administrative liability of the company, which is realized by the ordinary procedure. Any appeal of the Commission decision does not stop its execution, unless the court orders otherwise. (Art. 78)
For non fulfillment of the above-mentioned Commission decision the companies are subject to a relative sanctions and it is possible that as cumulative or alternative sanction is imposed a pecuniary penalty until the moment of the fulfillment. (Art. 331a) The appeal of the pecuniary penalties indicated in the new art. 331a shall be exercised in accordance with the norms of the Administrative Procedure Code; Paragraph 9 relative to art. 334b which concerns the pecuniary penalties for companies who provide roaming via public electronic communications networks contains measures for implementation of Regulation (EC) № 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (OJ, L 172/10 of June 30, 2012).

The amendments came into force on 21.04.2015.
Tags: EU