European Union (Retail Charges for Regulated Intra-EU Communications) Regulations 2020.

• Statutory Instrument No.: 668/2020
• Published date: 05 January 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th January, 2021.

I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Regulation (EU) 2015/2120 of 25 November 20151 as amended by Article 50 of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 20182 , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Retail Charges for Regulated Intra-EU Communications) Regulations 2020.

2. (1) In these Regulations -

“Act of 2002” means the Communications Regulation Act 2002 (No. 20 of 2002);

“EU Regulation” means Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 20153 as amended by Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 20184 ;

“interpersonal communications service” means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipients and does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;

“number-based interpersonal communications service” means an interpersonal communications service which connects with publicly assigned numbering resources, namely, a number or numbers in national or international numbering plans, or which enables communication with a number or numbers in national or international numbering plans;

“regulated intra-EU communications” means any number-based interpersonal communications service originating in the State and terminating at any fixed or mobile number of the national numbering plan of another Member State of the European Union, and which is charged wholly or partly based on actual consumption;

“Regulator” means the Commission for Communications Regulation;

“undertaking” means a person engaged in the provision of publicly available electronic communications networks or services or associated facilities.

(2) A word or expression that is used in these Regulations and is also used in the EU Regulation, has, unless the context otherwise requires, the same meaning in these Regulations that it has in the EU Regulation.

3. (1) The Regulator is designated as the national regulatory authority in the State for the purposes of Article 5a and Article 6 of the EU Regulation and these Regulations.

(2) A request for a derogation under Article 5a(6) of the EU Regulation shall be made to the Regulator.

(3) Section 10(1) of the Communications Regulation Act 2002 (No. 20 of 2002) is amended by inserting the following paragraph after paragraph (ad):

“(ae) the functions of a national regulatory authority under Article 5a (inserted by Article 50 of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 20185 ) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 20156 ,”.

4. (1) Where the Regulator finds that an undertaking has not complied with an obligation under Article 5a of the EU Regulation, the Regulator shall notify the undertaking of its finding and give the undertaking an opportunity to state its views or, if the non-compliance can be remedied, to remedy the non-compliance within a reasonable time-limit as specified by the Regulator.

(2) The Regulator may publish, in such manner as it thinks fit, any notification given by it under this Regulation subject to the protection of the confidentiality of any information that the Regulator considers confidential.

(3) The Regulator may amend or revoke any notification under this Regulation.

(4) Where, at the end of a period specified by the Regulator in a notification under paragraph (1) the Regulator is of the opinion that the undertaking concerned has not complied with its obligations under Article 5a, the Regulator may, whether or not the non-compliance is continuing and subject to paragraph (8), apply to the High Court for an order under paragraph (6).

(5) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under paragraph (4) and the Court may not refuse interim or interlocutory relief merely because the Regulator may not suffer damage if relief is not granted pending determination...