Here’s a breakdown of the key elements of the Decision No 1/2025 of the EU-Republic of Moldova Association Council:
**1. Essence of the Act:**
This decision grants further market opening for roaming services between the EU and Moldova. It acknowledges Moldova’s progress in aligning its legislation with EU standards in the telecom sector, specifically regarding roaming. The decision outlines the terms and conditions for integrating Moldova into the EU’s roaming framework, aiming to reduce costs for consumers and businesses when using mobile phones across borders. It also sets a timeline for Moldova to implement relevant EU regulations and directives.
**2. Structure and Main Provisions:**
* **Article 1:** Formally grants further market opening for roaming services between the EU and Moldova, based on the conditions outlined in the Association Agreement and this decision.
* **Article 2:** Reaffirms Moldova’s commitment to align its laws with EU regulations as specified in Annex XXVIII-B of the Association Agreement. It stipulates that the relevant EU laws on roaming are binding on both the EU and Moldova, and must be fully implemented.
* **Article 3:** Details how EU laws on roaming should be applied, including necessary adaptations. For example, references to the “European Union” are to be read as “EU-Moldova.” It also ensures that both parties can use their official languages in procedures related to the decision.
* **Article 4:** Sets out the process for incorporating new or amended EU laws on roaming into Moldova’s legal system. The EU must notify Moldova of any changes, and the Trade Committee decides whether to add the new act to Annex XXVIII-B. Moldova then has a set time to implement the changes. It also includes provisions for addressing difficulties in transposing new laws and potential suspension of benefits if Moldova fails to keep its laws aligned.
* **Article 5:** Ensures that the provisions of this decision are interpreted in line with the case law of the Court of Justice of the European Union.
* **Articles 6 & 7:** Allows either party to take safeguard measures if serious economic, social, or environmental difficulties arise due to the market opening. These measures must be limited in scope and duration and are subject to consultations.
* **Article 8:** Addresses the application of regulated charges. If the EU amends its roaming charges, the new charges will apply to both parties from the same date, ensuring reciprocity.
* **Article 9:** Modifies Annex XXVIII-B of the Association Agreement to reflect the new arrangements for roaming services.
* **Article 10:** Confirms the authenticity of the decision in all official EU languages.
* **Article 11:** States the decision’s entry into force and application date (January 1, 2026).
**Annex XXVIII-B Amendment:**
* Replaces the previous text concerning specific EU legislation with updated references and implementation timelines.
* Specifies which articles of Directive (EU) 2018/1972 (European Electronic Communications Code), Regulation (EU) 2022/612 (Roaming Regulation), and related implementing regulations are relevant for Moldova’s regulatory alignment.
* Sets implementation deadlines for each piece of legislation, generally within one to two years of the decision’s entry into force.
* Outlines Moldova’s participation in the Body of European Regulators for Electronic Communications (BEREC).
**3. Main Provisions for Practical Use:**
* **Market Opening:** The core of the decision is to open the roaming market between the EU and Moldova, which should lead to reduced roaming costs for consumers and businesses.
* **Regulatory Alignment:** Moldova is obligated to implement specific EU regulations and directives related to roaming. This includes ensuring fair use policies, transparency, and consumer protection measures.
* **Implementation Deadlines:** Moldova needs to transpose and implement the EU acts within the specified deadlines.
* **Safeguard Measures:** The possibility of safeguard measures exists if the market opening causes significant difficulties in either the EU or Moldova.
* **Amendment Process:** The decision outlines how new or amended EU laws will be incorporated into the agreement, ensuring that the regulatory framework remains up-to-date.
**** This act is related to Ukraine because Moldova and Ukraine are neighbour countries and have close economic and social ties. This act can be used as a model for Ukraine in its EU integration process.
