1Council Decision (EU) 2025/465 of 28 February 2025 on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the modification of Part A of Appendix XVII-3 (Rules applicable to telecommunication services) of Annex XVII to that Agreement

Article 1 – Subject matter, scope and aims

Article 2 – Definitions, points (1) and (2), (4) to (11), (13) to (16), (22), (27) to (34), (36), and (38) to (40)

Article 3 – General objectives

Article 5 – National regulatory and other competent authorities

Article 6 – Independence of national regulatory and other competent authorities

Article 7 – Appointment and dismissal of members of national regulatory authorities

Article 8 – Political independence and accountability of the national regulatory authorities

Article 9 – Regulatory capacity of national regulatory authorities

Article 10 – Participation of national regulatory authorities in BEREC

Article 11 – Cooperation with national authorities

Article 12 – General authorisation of electronic communications networks and services

Article 13 – Conditions attached to the general authorisation and to the rights of use for radio spectrum and for numbering resources, and specific obligations, except all mentions to the rights of use for radio spectrum and numbering resources and the cross references to Article 45, Article 51, Article 62, Article 68, Article 83, and Article 94

Article 14 – Declarations to facilitate the exercise of rights to install facilities and rights of interconnection

Article 15 – Minimum list of rights derived from the general authorisation

Article 16 – Administrative charges

Article 17 – Accounting separation and financial reports

Article 18 – Amendment of rights and obligations, except all mentions to the rights of use for radio spectrum, numbering resources and to install facilities

Article 19 – Restriction or withdrawal of rights, except all mentions to the rights of use for radio spectrum, numbering resources and to install facilities

Article 20 – Information request to undertakings

Article 21 – Information required with regard to the general authorisation, rights of use and specific obligations, except all mentions to rights of use and specific obligations and the cross references to Article 13(2), Article 22, and Annex I, parts D and E

Article 23 – Consultation and transparency mechanism, except paragraph (2) and the cross references to Article 32(10), and Article 45(4) and (5)

Article 24 – Consultation of interested parties

Article 25 – Out-of-court dispute resolution

Article 26 – Dispute resolution between undertakings

Article 27 – Resolution of cross-border disputes, paragraphs (1) and (2), and paragraphs (4) to (6)

Article 29 – Penalties, paragraph (1)

Article 30 – Compliance with the conditions of the general authorisation or of rights of use for radio spectrum and for numbering resources and compliance with specific obligations, except all mentions to the rights of use for radio spectrum and numbering resources and the cross references to Article 4, Article 13(2), Article 45(1), Article 47, Article 67, and Article 69

Article 31 – Right of appeal

Article 59 – General framework for access and interconnection

Article 60 – Rights and obligations of undertakings, paragraphs (1) and (2)

Article 61 – Powers and responsibilities of the national regulatory and other competent authorities with regard to access and interconnection, paragraph (1), paragraph (2), points (a) to (c), paragraphs (3), (5), and (6)

Article 75 – Termination rates, paragraphs (2) and (3)

Article 93 – Numbering resources, the first subparagraph of paragraph (5)

Article 97 – Access to numbers and services

Article 99 – Non-discrimination

Article 100 – Fundamental rights safeguard

Article 108 – Availability of services

Article 111 – Equivalent access and choice for end-users with disabilities

Article 120 – Publication of information

Article 122 – Review procedures, the second and third subparagraphs of paragraph (1)

Annex I – List of conditions which may be attached to general authorisations, rights of use for radio spectrum and rights of use for numbering resources, parts A to C

Annex III – Criteria for the determination of wholesale voice termination rates.

Timetable: without prejudice to the specific deadlines related to provisions relevant for internal market treatment for roaming, the provisions of Directive (EU) 2018/1972 shall be implemented by 31 December 2028.

Regulation (EU) 2015/2120 of the European Parliament and of the Council

Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012 (OJ EU L 310, 26.11.2015, p. 1, ELI: http://data.europa.eu/eli/reg/2015/2120/oj).

implement Articles 2 to 6 of Regulation (EU) 2015/2120.

Timetable: the provisions of Regulation (EU) 2015/2120 shall be implemented by 31 December 2025.

Commission Directive 2002/77/EC

Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (OJ EC L 249, 17.9.2002, p. 21, ELI: http://data.europa.eu/eli/dir/2002/77/oj).

monitor fair competition in the electronic communications markets, in particular concerning cost-oriented prices for services.

Directive 98/84/EC of the European Parliament and of the Council

Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (OJ EC L 320, 28.11.1998, p. 54, ELI: http://data.europa.eu/eli/dir/1998/84/oj).

Timetable: the provisions of the above acts shall be implemented within 2 years of the entry into force of this Agreement.

Directive 2000/31/EC of the European Parliament and of the Council

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ EC L 178, 17.7.2000, p. 1, ELI: http://data.europa.eu/eli/dir/2000/31/oj).

Directive 2000/31/EC covers all information society services, both business to business and business to consumer, i.e. any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of a service.

Timetable: the provisions of Directive 2000/31/EC shall be implemented within 3 years of the entry into force of this Agreement.

Directive 2014/61/EU of the European Parliament and of the Council

Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (OJ EU L 155, 23.5.2014, p. 1, ELI: http://data.europa.eu/eli/dir/2014/61/oj).

Article 1 – Subject matter and scope, paragraph (5)

Article 3 – Wholesale roaming access, paragraph (8)

Article 4 – Provision of regulated retail roaming services, paragraph (3)

Article 7 – Implementation of fair use policy and of sustainability mechanism, paragraphs (1) to (3) and (5). The exception regarding Article 7(1) to (3) is without prejudice to Ukraine’s obligation to implement the implementing acts on the application of fair use policies, the methodology for assessing sustainability of the provision of retail roaming services at domestic prices and the application to be submitted by a roaming provider for the purpose of the assessment of the sustainability

Article 8 – Exceptional application of retail surcharges for the consumption of regulated retail roaming services and provision of alternative tariffs, paragraph (6)

The first and third subparagraphs of Article 16 – Databases of numbering ranges for value-added services and means of access to emergency services

Article 20 – Committee procedure

Article 21 – Review

Article 23 – Repeal.

In case the average wholesale charge set out in Article 9(1), Article 10(1), or Article 11(1) of Regulation (EU) 2022/612 is amended after an eventual decision by the Trade Committee to grant internal market treatment for roaming pursuant to Article 4(3) of Annex XVII, its compulsory application for the purposes of this Agreement starts on the same date for both Parties. This is either the date of entry into force of the relevant amendment to Regulation (EU) 2022/612 or the date of entry into force of Ukraine’s fully compliant legislation implementing the relevant amendment to Regulation (EU) 2022/612, following its confirmation by the assessment pursuant to Article 5(4) of Annex XVII, whichever date is last, or other date of entry into force agreed by both Parties to avoid the retroactive application effect. Until that date, the previously regulated charges remain applicable for the purposes of this Agreement.

Without prejudice to Article 2(1) and Article 2(2) of Annex XVII, in the event of discrepancies between the text of Regulation (EU) 2022/612 and any act incorporating it into the Ukrainian legal order, the text of Regulation (EU) 2022/612 shall prevail.

Timetable: the provisions of Regulation (EU) 2022/612 shall be implemented within 12 months of the date of entry into force of Decision No 1/2023 of the EU-Ukraine Association Committee in Trade configuration

Decision No 1/2023 of the EU-Ukraine Association Committee in Trade configuration of 24 April 2023 modifying Appendix XVII-3 (Rules applicable to telecommunication services) of Annex XVII to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part [2023/930] (OJ EU L 123, 8.5.2023, p. 38, ELI: http://data.europa.eu/eli/dec/2023/930/oj).

(Decision No 1/2023).

Commission Implementing Regulation (EU) 2016/2286

Commission Implementing Regulation (EU) 2016/2286 of 15 December 2016 laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the abolition of retail roaming surcharges and on the application to be submitted by a roaming provider for the purposes of that assessment (OJ EU L 344, 17.12.2016, p. 46, ELI: http://data.europa.eu/eli/reg_impl/2016/2286/oj).

Implement all provisions with the exception of:

Article 12 – Review.

Without prejudice to Article 2(1) and Article 2(2) of Annex XVII, in the event of discrepancies between the text of Implementing Regulation (EU) 2016/2286 and any act incorporating it into the Ukrainian legal order, the text of Implementing Regulation (EU) 2016/2286 shall prevail.

Timetable: the provisions of Implementing Regulation (EU) 2016/2286 shall be implemented within 12 months of the date of entry into force of Decision No 1/2023.

Commission Delegated Regulation (EU) 2021/654

Commission Delegated Regulation (EU) 2021/654 of 18 December 2020 supplementing Directive (EU) 2018/1972 of the European Parliament and of the Council by setting a single maximum Union-wide mobile voice termination rate and a single maximum Union-wide fixed voice termination rate (OJ EU L 137, 22.4.2021, p. 1, ELI: http://data.europa.eu/eli/reg_del/2021/654/oj).

The provisions of Delegated Regulation (EU) 2021/654 shall, for the purposes of this Agreement, be read with the following adaptations: Article 3(2) and Article 3(3) refer to reference exchange rates published by the European Central Bank in the Official Journal of the European Union. For as long as the European Central Bank does not publish exchange rates for the Ukrainian hryvnia, exchange rates between the euro and the Ukrainian hryvnia published by the National Bank of Ukraine shall be used for the purposes of applying Article 3(2) and Article 3(3). The reference periods and conditions laid down in Article 3(2) and Article 3(3) remain unchanged.

In case any of the termination rate set out in Article 4(1) or Article 5(1) of Delegated Regulation (EU) 2021/654 is amended after an eventual decision by the Trade Committee to grant internal market treatment for roaming pursuant to Article 4(3) of Annex XVII, its compulsory application for the purposes of this Agreement starts on the same date for both Parties. This is either the date of entry into force of any amendment to Delegated Regulation (EU) 2021/654 or the date of entry into force of Ukraine’s fully compliant legislation implementing the relevant amendment to Delegated Regulation (EU) 2021/654, following its confirmation by the assessment pursuant to Article 5(4) of Annex XVII, whichever date is last, or other date of entry into force agreed by both Parties to avoid the retroactive application effect. Until that date, the previously regulated termination rates remain applicable for the purposes of this Agreement.

Without prejudice to Article 2(1) and Article 2(2) of Annex XVII, in the event of discrepancies between the text of Delegated Regulation (EU) 2021/654 and any act incorporating it into the Ukrainian legal order, the text of Delegated Regulation (EU) 2021/654 shall prevail.

Timetable: the provisions of Delegated Regulation (EU) 2021/654 shall be implemented before those of Regulation (EU) 2022/612 and within 11 months of the date of entry into force of Decision No 1/2023, with the following exceptions:

Article 1(2)

With regard to national calls originated from and terminated to Ukrainian numbers in Ukraine, Article 1(3) shall become applicable within 3 years of the date specified in an eventual decision by the Trade Committee to grant internal market treatment for roaming pursuant to Article 4(3) of Annex XVII

Article 4(2) to (5)

Article 5(2).

Regulation (EU) 2018/1971 of the European Parliament and of the Council

Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009 (OJ EU L 321, 17.12.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1971/oj).

Implement the following provisions:

Article 3 – Objectives of BEREC, paragraph (5)

Article 4 – Regulatory tasks of BEREC, paragraph (4)

Article 7 – Composition of the Board of Regulators, paragraphs (1) to (3)

Article 8 – Independence of the Board of Regulators

Article 11 – Meetings of the Board of Regulators, paragraph (5)

Article 12 – Voting rules of the Board of Regulators, paragraph (2)

Article 15 – Composition of the Management Board, paragraphs (1) to (3)

Article 18 – Meetings of the Management Board, paragraph (5)

Article 38 – Confidentiality, paragraph (2)

Article 40 – Exchange of information, paragraphs (1), (2), (4), and (5)

Article 42 – Declarations of interests, paragraphs (1) and (2).

The national regulatory authority of Ukraine with primary responsibility for overseeing the day-to-day operation of the markets for electronic communications networks and services shall participate fully in the work of the Board of Regulators of BEREC, the working groups of BEREC and the Management Board of the BEREC Office. The national regulatory authority of Ukraine shall have the same rights and obligations as the national regulatory authorities of the EU Member States, except for the right to vote and for the Chairmanship of the Board of Regulators and of the Management Board.

In light thereof, the national regulatory authority of Ukraine shall be represented at an appropriate level in accordance with the provisions of Regulation (EU) 2018/1971. In accordance with the relevant rules of Regulation (EU) 2018/1971, BEREC and the BEREC Office shall, as the case may be, assist the national regulatory authority of Ukraine in the performance of its tasks.

The national regulatory authority of Ukraine shall take the utmost account of any guideline, opinion, recommendation, common position and best practices adopted by BEREC with the aim of ensuring the consistent implementation of the regulatory framework for electronic communications. For the purpose of internal market treatment for roaming pursuant to Article 4(3) of Annex XVII, the national regulatory authority of Ukraine shall take the utmost account of any guideline adopted by BEREC with the aim of ensuring the consistent implementation of the regulatory framework on roaming and shall provide reasons when deviating from such a guideline.

Without prejudice to Article 2(1) and Article 2(2) of Annex XVII, in the event of discrepancies between the text of Regulation (EU) 2018/1971 and the act(s) incorporating it into the Ukrainian legal order, the text of Regulation (EU) 2018/1971 shall prevail.

Timetable: the provisions of Regulation (EU) 2018/1971 shall be implemented within 12 months of the date of entry into force of Decision No 1/2023..