According to this proposal, when operators detect that a customer in a given country may have bought a SIM card in another country just to benefit from cheaper prices, they could ask the consumer to provide evidence of stable links (either professional, residential, studies, etc.) with the member state where the SIM card comes from.
S&D vice-president Kathleen Van Brempt said:
"We are glad the Commission took our concerns and reactions seriously and we appreciate the new approach, because it respects what was negotiated with the Parliament.
"However, some details are not clear enough. Consumers should have the possibility to object when an operator notifies them that they found 'anomalous' use and therefore, will apply a surcharge. The consumer should be given enough time and have access to an easy procedure to answer before he/she is penalised. This should be made clear in the legal proposal.”
S&D spokesperson on roaming, Patrizia Toia MEP, said:
"This is a good balance between the principle of "roam-like-at home" and protection against any abuse that would lead to a race to the bottom in the quality of service.
"I have some concerns regarding the sustainability clause; it is still not clear how the 5% threshold for operators to request the national authority to allow for additional roaming charges would work, should an operator detect at least 5% of losses from all of its retail revenues. How would this procedure be activated without harming the individual consumer who is engaged in a legitimate use?
"Also, operators and law abiding consumers should not be blamed or made responsible for abusive use."
The Commission representatives committed themselves to provide the requested information by the end of this week.
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