Draft BEREC Guidelines on the application of Article 3 of Regulation (EU) 2022/612 of 6 April 2022 on roaming on public communications networks within the Union (Wholesale Roaming Guidelines)

These Wholesale Roaming Guidelines replace the BEREC Guidelines of 2017 (BoR (17) 114) which concern the wholesale roaming access obligations for MNOs and the rights for access seekers on the application of Article 3 of Regulation (EU) 531/2012 as amended by Regulation (EU) 2015/2120 and Regulation (EU) 2017/920 (previous Roaming Regulation). The revision of the BEREC Guidelines of 2017 was necessary to include the changes introduced by the new Roaming Regulation (EU) 2022/612 of 6 April 2022 on roaming on public communications networks within the Union (hereafter “Roaming Regulation”).

This document contains the guidance, which BEREC is required to publish under the Roaming Regulation relating to the application of Article 3. The guidance is not presented as an official legal interpretation. Nevertheless, NRAs are required to take the guidance into utmost account when resolving any disputes or taking any enforcement actions concerning Article 3. In particular, where NRAs make a decision, which departs from this guidance, they will be expected to state objective reasons for the departure. These Guidelines are complementary to the BEREC Retail Roaming Guidelines.