Appendix 1: Draft Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019
Additional information from the Department for Digital, Culture, Media and Sport
Q1: Which elements of ‘Roaming II’ are currently in force (as per para 6.16 of the Explanatory Memorandum (EM)) and are being revoked by this instrument (as per para 7.14 of the EM)?
A1: Two elements of ‘Roaming II’ are currently in force and are being revoked by this instrument:
- Article 2, which made a minor amendment to the EU Framework Directive (2002/21/EC) to include a reference to EU measures on international roaming: this will be redundant after exit as EU Directives will not be incorporated into UK law by the EU (Withdrawal) Act;
- Article 3, which provides for entry of ‘Roaming II’ into force.
Article 1 of Roaming II is no longer in force. It amended Regulation (EC) No 717/2007 (‘Roaming I’), but was repealed by Regulation (EU) 531/2012 (‘Roaming III’) which took effect from 1 July 2012.
A consolidated version of Roaming II is available here: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009R0544–20120701 .
The revocation of the elements of Roaming II that are still in force (Articles 2 and 3) are technical corrections to ensure that EU law is not incorporated into domestic law where it would be redundant.
Deficiencies in EU law on mobile roaming currently in force are addressed in the Mobile Roaming (EU Exit) Regulations 2019, available here: http://www.legislation.gov.uk/uksi/2019/587/contents/made
Q2: Which piece of EU legislation contains the rules regulating the prices charged to consumers for certain intra-EU communications (mentioned in para 7.12 of the EM)–is it Regulation (EU) 2018/1971 as mentioned in para 6.13 of the EM?
A2: Regulation 2015/2120 contains the rules regulating the prices charged to consumers for certain intra-EU communications. It was amended to insert these rules by Article 50 of Regulation (EU) 2018/1971. Paragraph 7.12 of the EM therefore corresponds to regulation 5 of the draft instrument.
A consolidated version of Regulation (EU) 2015/2120 is not yet available.
22 March 2019