Derogation from Intra-EU Communications Regulation : Information for operators applying for authorisation for a derogation from the price regulation of intra-EU communications services

Abstract

From 15 May 2019, any retail price (excluding VAT) charged to consumers for regulated intra-EU communications shall not exceed EUR 0.19 per minute for calls and EUR 0.06 per SMS message (the “intra-EU price caps”). “Regulated intra-EU communications” means any number-based interpersonal communications service originating in the European Union Member State of a consumer’s domestic provider and terminating at any fixed or mobile number of the national numbering plan of another Member State, and which is charged wholly or partly based on actual consumption. Where a provider of regulated intra-EU communications establishes that, due to specific and exceptional circumstances distinguishing it from most other European Union providers, the application of the intra-EU price caps would have significant impact on that provider’s capacity to sustain its existing prices for domestic communications, a national regulatory authority may, upon that provider’s request, grant a derogation from the intra-EU price caps only to the extent necessary and for a renewable period of one year. ComReg, as the national regulatory authority in Ireland, has the responsibility for assessing and making decisions on applications from Irish fixed and mobile network operators for a derogation from the intra-EU price caps. The purpose of this document is to outline the application process to be followed by those operators seeking such a derogation.