Considerations on COM(2023)90 - EU position as regards the modification of Appendix XVII-3 (Rules applicable to telecommunication services) of Annex XVII to the Association Agreement with Ukraine

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dossier COM(2023)90 - EU position as regards the modification of Appendix XVII-3 (Rules applicable to telecommunication services) of Annex XVII to ...
document COM(2023)90 EN
date March 31, 2023
 
(1) 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 2 (‘the Agreement’) entered into force on 1 September 2017.

(2) Pursuant to Article 11 of Annex XVII to the Agreement, the Association Committee in Trade configuration may modify Annex XVII to that Agreement.

(3) The Association Committee in Trade configuration should adopt the envisaged act on modifying Appendix XVII-3 (Rules applicable to telecommunication services) in the course of 2023.

(4) As stated in the preamble to the Agreement and in accordance with Article 124 of the Agreement, the Parties recognise the importance of the approximation of Ukraine’s existing legislation to that of the European Union, meaning that Ukraine is to ensure that existing laws and future legislation will be gradually made compatible with the EU acquis.

(5) Ukraine has requested further integration with regards to the roaming sector in the European Union, in particular through internal market treatment for the purpose of roaming services.

(6) Considering that Appendix XVII-3 (Rules applicable to telecommunication services) of the Annex XVII to the Agreement should be complemented by the relevant European Union acts relating to roaming on public mobile communications networks, it is necessary to modify the Appendix by adding to that Appendix Regulation (EU) 2022/612 of the European Parliament and of the Council 3 , Commission Implementing Regulation (EU) 2016/2286 4 , Commission Delegated Regulation (EU) 2021/654 5 and Regulation (EU) 2018/1971 of the European Parliament and of the Council 6 . Directive (EU) 2018/1972 of the European Parliament and of the Council 7  is already covered by Appendix XVII-3 of the Annex XVII to the Agreement.

(7) It is therefore appropriate to establish the position to be taken on the Union's behalf in the Association Committee in Trade configuration, as the envisaged act modifying Appendix XVII-3 (Rules applicable to telecommunication services) of Annex XVII to the Agreement will be binding upon the Union.