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This Decision No 1/2025 of the EU-Ukraine Association Committee in Trade Configuration aims to further integrate Ukraine into the EU’s internal market, specifically concerning telecommunication services and roaming on public mobile communications networks. It modifies Appendix XVII-3 of Annex XVII to the Association Agreement between the EU and Ukraine, focusing on aligning Ukrainian legislation with EU standards in the telecommunications sector. The decision grants Ukraine additional time to fully implement certain articles of Directive (EU) 2018/1972 while clarifying which provisions are relevant for regulatory approximation in the roaming service subsector. This is intended to facilitate Ukraine’s gradual transition to full enactment and implementation of EU telecommunications regulations, despite the challenges posed by Russia’s ongoing war of aggression.
The structure of the act involves amending Part A of Appendix XVII-3 of Annex XVII to the EU-Ukraine Association Agreement. This includes specifying adaptations to Articles 7(2), 8(1), and 30(6) of Directive (EU) 2018/1972, providing Ukraine with a specific deadline to take further action to meet its obligations on regulatory approximation. It also clarifies which provisions of Directive (EU) 2018/1972, Regulation (EU) 2022/612, Regulation (EU) 2018/1971, Implementing Regulation (EU) 2016/2286, and Delegated Regulation (EU) 2021/654 are relevant for Ukraine’s obligations in the roaming service subsector. The act also sets a new timetable for Ukraine to implement Directive (EU) 2018/1972, considering the previous deadline has lapsed.
Several provisions of this decision are particularly important. Firstly, the adaptations to Articles 7(2), 8(1), and 30(6) of Directive (EU) 2018/1972 provide Ukraine with a specific timeframe to fully implement these articles, which relate to the independence and accountability of the national regulatory authority. Secondly, the decision clarifies that in the event of discrepancies between the text of EU Regulations and their incorporation into Ukrainian law, the EU text prevails. Finally, the decision addresses the applicability of amended average wholesale roaming charges and termination rates, ensuring reciprocity between the EU and Ukraine during the transposition and implementation period.
