‘ANNEX XXVIII-B

RULES APPLICABLE TO TELECOMMUNICATION SERVICES

The Republic of Moldova undertakes to gradually approximate its legislation to the following EU acts and international instruments within the stipulated timeframes.

Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009

The following provisions of Directive 2002/21/EC shall apply:

— strengthening the independence and administrative capacity of the national regulator in the field of electronic communications;

— establishing public consultation procedures for new regulatory measures;

— establishing effective mechanisms for appeal against the decisions of the national regulator in the field of electronic communications; and

— defining the relevant product and service markets in the electronic communications sector that are susceptible to ex ante regulation and analysing those markets with a view to determining whether significant market power (SMP) exists on them.

Timetable: those provisions of Directive 2002/21/EC shall be implemented within one and a half years of the entry into force of this Agreement.

Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009

The following provisions of Directive 2002/20/EC shall apply:

— implementing a regulation providing for general authorisations and restricting the need for individual licences to specific, duly justified cases.

Timetable: those provisions of Directive 2002/20/EC shall be implemented within two years of the entry into force of this Agreement.

Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council

Based on the markt analysis carried out in accordance with the Framework Directive, the national regulator in the field of electronic communications shall impose on operators found to have significant market power (SMP) on the relevant markets appropriate regulatory obligations with regard to:

— access to, and use of, specific network facilities;

— price controls on access and interconnection charges, including obligations for cost-orientation; and

— transparency, non-discrimination and accounting separation.

Timetable: those provisions of Directive 2002/19/EC shall be implemented within one and a half years of the entry into force of this Agreement.

Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 and Regulation (EU) 2015/2120 of the European Parliament and of the Council

The following provisions of Directive 2002/22/EC shall apply:

— implementing regulation on Universal Service obligations (USO), including the establishment of mechanisms for costing and financing; and

— ensuring the respect of users’ interests and rights, in particular by introducing number portability and the single European Emergency Call number 112.

Timetable: those provisions of Directive 2002/22/EC shall be implemented within three years of the entry into force of this Agreement.

Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union

Timetable: the provisions of Regulation (EU) 2015/2120 shall be implemented within four years of the entry into force of this Agreement.

Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services

Timetable: the measures resulting from the operation of Directive 2002/77/EC shall be implemented within one and a half years of the entry into force of this Agreement.

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended by Directive 2009/136/EC of the European Parliament and of the Council

The following provisions of Directive 2002/58/EC shall apply:

— implementing regulation to ensure protection of fundamental rights and freedoms, in particular the right to privacy, with respect to the processing of personal data in the electronic communication sector and ensuring the free movement of such data and of electronic communication equipment and services.

Timetable: those provision of Directive 2002/58/EC shall be implemented within three years of the entry into force of this Agreement.

Decision No 676/2002/EC of th European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)

The following provisions of Decision No 676/2002/EC shall apply:

— adopting a policy and regulation ensuring the harmonised availability and efficient use of the radio spectrum.

Timetable: the measures resulting from the operation of Decision No 676/2002/EC shall be implemented within two years of the entry into force of this Agreement.

Commission Decision 2010/267/EU of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union

Timetable: the provisions of Decision 2010/267/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Implementing Decision 2011/251/EU of 18 April 2011 amending Commission Decision 2009/766/EC on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community

Timetable: the provisions of Implementing Decision 2011/251/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2009/766/EC of 16 October 2009 on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community, as amended by Commission Implementing Decision 2011/251/EU

Timetable: the provisions of Decision 2009/766/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Implementing Decision 2012/688/EU of 5 November 2012 on the harmonisation of the frequency bands 1 920-1 980 MHz and 2 110-2 170 MHz for terrestrial systems capable of providing electronic communications services in the Union

Timetable: the provisions of Implementing Decision 2012/688/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2008/477/EC of 13 June 2008 on the harmonisation of the 2 500-2 690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community

Timetable: the provisions of Decision 2008/477/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Implementing Decision 2014/276/EU of 2 May 2014 amending Decision 2008/411/EC on the harmonisation of the 3 400-3 800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community

Timetable: the provisions of Implementing Decision 2014/276/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2008/411/EC of 21 May 2008 on the harmonisation of the 3 400-3 800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community, as amended by Commission Implementing Decision 2014/276/EU

Timetable: the provisions of Decision 2008/411/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2008/671/EC of 5 August 2008 on the harmonised use of radio spectrum in the 5 875-5 905 MHz frequency band for safety-related applications of Intelligent Transport Systems (ITS)

Timetable: the provisions of Decision 2008/671/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2007/344/EC of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community

Timetable: the provisions of Decision 2007/344/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2007/90/EC of 12 February 2007 amending Decision 2005/513/EC on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of Wireless Access Systems including Radio Local Area Networks (WAS/RLANs)

Timetable: the provisions of Decision 2007/90/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2005/513/EC of 11 July 2005 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of Wireless Access Systems including Radio Local Area Networks (WAS/RLANs), as amended by Commission Decision 2007/90/EC

Timetable: the provisions of Decision 2005/513/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Implementing Decision 2013/752/EU of 11 December 2013 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2005/928/EC

Timetable: the provisions of Implementing Decision 2013/752/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2011/829/EU of 8 December 2011 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices

Timetable: the provisions of Implementing Decision 2011/829/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2010/368/EU of 30 June 2010 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices

Timetable: the provisions of Decision 2010/368/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2009/381/EC of 13 May 2009 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices

Timetable: the provisions of Decision 2009/381/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2008/432/EC of 23 May 2008 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices

Timetable: the provisions of Decision 2008/432/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2006/771/EC of 9 November 2006 on harmonisation of the radio spectrum for use by short-range devices, as amended by Commission Implementing Decision 2013/752/EU, Commission Implementing Decision 2011/829/EU, Commission Decision 2010/368/EU, Commission Decision 2009/381/EC and Commission Decision 2008/432/EC

Timetable: the provisions of Decision 2006/771/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2010/166/EU of 19 March 2010 on harmonised conditions of use of radio spectrum for mobile communication services on board vessels (MCV services) in the European Union

Timetable: the provisions of Decision 2010/166/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Implementing Decision 2014/641/EU of 1 September 2014 on harmonised technical conditions of radio spectrum use by wireless audio programme making and special events equipment in the Union

Timetable: the provisions of Implementing Decision 2014/641/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2006/804/EC of 23 November 2006 on harmonisation of the radio spectrum for radio frequency identification (RFID) devices operating in the ultra-high frequency (UHF) band

Timetable: the provisions of Decision 2006/804/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2011/485/EU of 29 July 2011 amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community

Timetable: the provisions of Implementing Decision 2011/485/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2005/50/EC of 17 January 2005 on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community, as amended by Commission Implementing Decision 2011/485/EU

Timetable: the provisions of Decision 2005/50/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2004/545/EC of 8 July 2004 on the harmonisation of radio spectrum in the 79 GHz range for the use of automotive short-range radar equipment in the Community

Timetable: the provisions of Decision 2004/545/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Implementing Decision 2014/702/EU of 7 October 2014 amending Decision 2007/131/EC on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community

Timetable: the provisions of Implementing Decision 2014/702/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2009/343/EC of 21 April 2009 amending Decision 2007/131/EC on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community

Timetable: the provisions of Decision 2009/343/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2007/131/EC of 21 February 2007 on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community, as amended by Commission Implementing Decision 2014/702/EU and Commission Decision 2009/343/EC

Timetable: the provisions of Decision 2007/131/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2007/98/EC of 14 February 2007 on the harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of systems providing mobile satellite services

Timetable: the provisions of Decision 2007/98/EC shall be implemented within three years of the entry into force of this Agreement.

Commission Implementing Decision (EU) 2016/339 of 8 March 2016 on the harmonisation of the 2 010-2 025 MHz frequency band for portable or mobile wireless video links and cordless cameras used for programme making and special events

Timetable: the provisions of Implementing Decision (EU) 2016/339 shall be implemented within five years of the entry into force of this Agreement.

Commission Implementing Decision (EU) 2015/750 of 8 May 2015 on the harmonisation of the 1 452-1 492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union

Timetable: the provisions of Implementing Decision (EU) 2015/750 shall be implemented within three years of the entry into force of this Agreement.

Commission Implementing Decision 2013/654/EU of 12 November 2013 amending Decision 2008/294/EC to include additional access technologies and frequency bands for mobile communications services on aircraft (MCA services)

Timetable: the provisions of Implementing Decision 2013/654/EU shall be implemented within three years of the entry into force of this Agreement.

Commission Decision 2008/294/EC of 7 April 2008 on harmonised conditions of spectrum use for the operation of mobile communication services on aircraft (MCA services) in the Community, as amended by Commission Implementing Decision 2013/654/EU

Timetable: the measures resulting from the operation of Decision 2008/294/EC shall be implemented within two years of the entry into force of this Agreement.

Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC

Timetable: the provisions of Directive 2014/53/EU shall be implemented within four years of the entry into force of this Agreement.

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)

The following provisions of Directive 2000/31/EC shall apply:

— enhancing development of e-commerce;

— removing barriers to the cross-border provision of information society services;

— providing legal security to providers of information society services; and

— harmonising limitations to liability of service providers acting as intermediaries when providing mere conduit, caching or hosting, stipulating no general obligation to monitor.

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

Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, as amended by Directive 2013/37/EU of the European Parliament and of the Council

Timetable: the provisions of Directive 2003/98/EC shall be implemented within two years of the entry into force of this Agreement.

Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98/EC on the re-use of public sector information

Timetable: the provisions of Directive 2013/37/EU shall be implemented within three years of the entry into force of this Agreement.

Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Timetable: the provisions of Regulation (EU) No 910/2014 shall be implemented within six years of the entry into force of this Agreement.

Commission Implementing Regulation (EU) 2015/806 of 22 May 2015 laying down specifications relating to the form of the EU trust mark for qualified trust services

Timetable: the provisions of Implementing Regulation (EU) 2015/806 shall be implemented within six years of the entry into force of this Agreement.

Commission Implementing Decision (EU) 2015/1505 of 8 September 2015 laying down technical specifications and formats relating to trusted lists pursuant to Article 22(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market

Timetable: the provisions of Implementing Decision (EU) 2015/1505 shall be implemented within six years of the entry into force of this Agreement.

Commission Implementing Decision (EU) 2015/1506 of 8 September 2015 laying down specifications relating to formats of advanced electronic signatures and advanced seals to be recognised by public sector bodies pursuant to Articles 27(5) and 37(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market

Timetable: the provisions of Implementing Decision (EU) 2015/1506 shall be implemented within six years of the entry into force of this Agreement.

Commission Implementing Decision (EU) 2016/650 of 25 April 2016 laying down standards for the security assessment of qualified signature and seal creation devices pursuant to Articles 30(3) and 39(2) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market