COMMISSION DECISION

of 7 June 2022

on the participation of the National Regulatory Authority of Ukraine in the Body of European Regulators for Electronic Communications

(2022/C 236/05)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Whereas:

(1) Article 17(1) of the Treaty on European Union lists the powers of the Commission and provides in particular that the Commission is to promote the general interest of the Union and take appropriate initiatives to that end, exercise coordinating, executive and management functions, as laid down in the Treaties, and ensure the Union’s external representation, with the exception of the common foreign and security policy and other cases provided for in the Treaties.

(2) Pursuant to Article 35(2) of Regulation (EU) 2018/1971 of the European Parliament and of the Council (1) the Board of Regulators and the working groups of the Body of European Regulators for Electronic Communications (‘BEREC’) as well as the Management Board of the BEREC Office are open to the participation of regulatory authorities of third countries with primary responsibility in the field of electronic communications, where those third countries have entered into agreements with the Union to that effect. That provision also provides that under the relevant provisions of those agreements working arrangements are to be developed specifying, in particular, the nature, extent and manner in which the regulatory authorities of the third countries concerned will participate without the right to vote in the work of BEREC and of the BEREC Office, including provisions relating to participation in the initiatives carried out by BEREC, financial contributions and staff to the BEREC Office.

(3) Pursuant to Article 124 of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (2) (‘the Association Agreement’), Ukraine has committed to ensure that its current and future laws on electronic communications gradually become compatible with the Union acquis featured in Annex XVII to the Association Agreement; that Annex has been updated (3).

(4) Pursuant to Article 392 of the Association Agreement, the Parties shall cooperate ‘with the aim of developing a comprehensive regulatory framework and ensure efficient functioning of (…) the electronic communication markets’, while pursuant to Article 394(1) of the Association Agreement, they ‘shall promote gradual approximation to the EU law and regulatory framework’ in this area. In addition, Article 393 of the Association Agreement provides that ‘the Parties shall promote cooperation between Ukraine’s national regulator in the field of communications and the national regulators of the EU’.

(5) It is clear from the object and purpose of the provisions of the Association Agreement and its Appendix XVII-3 that the Union and Ukraine commit to regulatory cooperation with the aim of approximation of Ukraine’s laws on electronic communications to the Union acquis, for which BEREC plays an important role. It is also clear that participation of the national regulatory authority of Ukraine to the work of BEREC and the BEREC Office would further facilitate the process.

(6) The Union and Ukraine have therefore entered into an agreement within the meaning of Article 35(2) of Regulation (EU) 2018/1971.

(7) Given the interest of the Union in strengthening cooperation with Ukraine and fostering the adoption by Ukraine of the Union acquis in the field of electronic communications, it is appropriate to allow for the participation of the national regulatory authority of Ukraine in the Board of Regulators and working groups of BEREC and the Management Board of the BEREC Office and establish working arrangements to that effect,

HAS DECIDED AS FOLLOWS:

Article 1 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 may participate, without the right to vote, in the Board of Regulators and working groups of the Body of European Regulators for Electronic Communications (‘BEREC’) and the Management Board of the BEREC Office. The Terms of Reference for the participation of the national regulatory authority of Ukraine are set out in the Annex.

Article 2 This Decision shall enter into force on the day of its adoption.

Done at Brussels, 7 June 2022. For the Commission Thierry BRETON Member of the Commission

(1) 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 L 321, 17.12.2018, p. 1).

(2) OJ L 161, 29.5.2014, p. 3.

(3) Decision N° 1/2021 of the EU-Ukraine Association Committee in Trade Configuration of 22 November 2021amending Appendix XVII-3 (Rules applicable to telecommunication services), Appendix XVII-4 (Rules applicable to postal and courier services) and Appendix XVII-5 (Rules applicable to international maritime transport) to 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 [2021/2219] (OJ L 447, 14.12.2021, p. 23).