S.I. No. 302/2023 - European Communities (Mobile Telephone Roaming) (Amendment) Regulations 2023


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th June, 2023.

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) 2022/612 of the European Parliament and of the Council of 6 April 20221 on roaming on public mobile communications networks within the Union (recast), hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Mobile Telephone Roaming) (Amendment) Regulations 2023.

(2) These Regulations shall come into operation on 9 June 2023.

2. The European Communities (Mobile Telephone Roaming) Regulations, 2022 ( S.I. No. 315 of 2022 ) are amended by -

(a) the deletion of Regulations 6(4) and 7,

(b) the substitution of the following Regulation for Regulation 8 -

Service of notification or direction

8. (1) Where the Regulator issues a direction or notification under these Regulations, such direction or notification shall -

(a) be in writing,

(b) state the reasons on which it is based,

(c) be addressed to the undertaking concerned, and

(d) be sent or given as soon as practicable.

(2) Section 60(1) of the Act of 2002 shall apply to a direction issued by the Regulator under these Regulations as if it were a notice referred to in that section.”, and

(c) the insertion of the following Regulation after Regulation 9:

Obligations of undertakings

10. An undertaking shall comply with -

(a) its obligations under Articles 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, or 15 of the Mobile Phone Roaming Regulation,

(b) a requirement of the Regulator under Article 17 of the Mobile Phone Roaming Regulation, and

(c) a direction of the Regulator under Regulation 3(2).”.

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GIVEN under my Official Seal,

6 June, 2023.

EAMON RYAN,

Minister for the Environment, Climate and Communications.

1 OJ L 115, 13.4.2022, p. 1-37