Considerations on COM(2023)503 - EU position in the Association Committee in Trade configuration established by the Association Agreement with Moldova as regards the modification of Annex XXVIII-B (Rules applicable to telecommunication services) and Annex XXVIII-C (Rules applicable to postal and courier services) to that Agreement

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(1)The Association Agreement between the European Union and the European Atomic Energy Community, and their Member States of the one part, and the Republic of Moldova, of the other part 3 (‘the Agreement’) entered into force on 1 July 2016.

(2)Article 436(3) of the Agreement provides that the EU-Republic of Moldova Association Council (‘the Association Council’) is to have the power to update or amend the Annexes to the Agreement.

(3)Pursuant to Article 438(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

(4)By Decision No 3/2014 4 the Association Council delegated the power to update or amend the Annexes to the Agreement which relate, inter alia, to Chapter 6 (Establishment, trade in services and electronic commerce) of Title V (Trade and Trade-related Matters) of the Agreement to the Association Committee meeting in Trade configuration, to the extent that there are no specific provisions in Chapter 6 relating to the update or the amendment of those Annexes. There are no specific provisions in Chapter 6 relating to the update or the amendment of the Annexes.

(5)The Association Committee in Trade configuration should adopt the envisaged act on modifying Annex XXVIII-B (Rules applicable to telecommunication services) and Annex XXVIII-C (Rules applicable to postal and courier services) in the course of 2023.

(6)As stated in the preamble to the Agreement and in accordance with Articles 230 and 240 of the Agreement, the Parties recognise the importance of the approximation of Moldova’s existing legislation to that of the European Union, meaning that Moldova is to ensure that existing laws and future legislation will be gradually made compatible with the EU acquis. In addition, Article 102 of the Agreement provides that the Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XXVIII-B to the Agreement, according to the provisions of that Annex.

(7)Moldova has requested further integration with regards to the roaming sector in the European Union, and to update the Agreement to include recent EU acquis on telecommunications and postal and courier services.

(8)Considering that Annex XXVIII-B (Rules applicable to telecommunication services) to the Agreement should be complemented by the relevant EU acts relating to roaming on public mobile communications networks, and other recent EU acquis relating to telecommunication services, it is necessary to add the relevant acts to the Annex. It is also necessary to delete certain acts already included in the Annex where they have been replaced or amended by more recent acts.

(9)Considering that Annex XXVIII-C (Rules applicable to postal and courier services) should be complemented by recent EU acquis relating to postal and courier services, it is necessary to add the relevant acts to the Annex.

(10)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 Annex XXVIII-B (Rules applicable to telecommunication services) and Annex XXVIII-C (Rules applicable to postal and courier services) to that Agreement will be binding upon the Union.