COMMISSION DECISION

of 18 March 2019

on the participation of the National Regulatory Authority of Kosovo (*1) in the Body of European Regulators for Electronic Communications

(2019/C 115/09)

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 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, the working groups and the Management Board are to be 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. It 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 the Body of European Regulators for Electronic Communications (‘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 111 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Kosovo (*1), of the other part (2), cooperation on electronic communications is to primarily focus on priority areas related to the EU acquis in this field. The Parties are to strengthen in particular, cooperation in the area of electronic communications networks and electronic communications services, paying particular attention to ensuring and strengthening the independence of the relevant regulatory authorities. The Union and Kosovo have therefore entered into an agreement within the meaning of Article 35(2) of Regulation (EU) 2018/1971.

(4) The participation of the regulatory authority of Kosovo in BEREC and the BEREC Office is fully consistent with the Western Balkans strategy (3), which calls for actions to develop the digital society, including the deployment of broadband and the lowering of roaming costs, and to align those countries' laws with the Union legislation. As indicated in the Digital Agenda for the Western Balkans (4), a closer relationship between the Union and Western Balkans National Regulatory Authorities (‘NRAs’) should help bring regulatory practice in the region closer to the practice in the Union.

(5) Given the interest of the Union in strengthening cooperation with Kosovo and fostering the adoption by Kosovo of the Union regulatory regime for electronic communications, it is appropriate to establish the working arrangements for the participation of the regulatory authority of Kosovo in the Board of Regulators and working groups of BEREC and the Management Board of the BEREC Office,

HAS DECIDED AS FOLLOWS:

Article 1 The national regulatory authority of Kosovo with primary responsibility for overseeing the day-to-day operation of the markets for electronic communications networks and services may participate 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 Kosovo are set out in the Annex.

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

Done at Brussels, 18 March 2019. For the Commission Mariya GABRIEL Member of the Commission

(*1) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

(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) Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*1), of the other part (OJ L 71, 16.3.2016, p. 3).

(3) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. A credible enlargement perspective for and enhanced EU engagement with the Western Balkans (COM(2018) 65 final, 6.2.2018).

(4) SWD(2018) 360 final, Commission Staff Working Document, Measures in support of a Digital Agenda for the Western Balkans.