Council Decision (EU) 2023/2096 of 28 September 2023 on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by 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 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
Date: 2023-09-28
Institutions: Council of the European Union
Subjects: Association Council (EU), EAEC, Moldova, approximation of laws, association agreement (EU), postal and telecommunications services, provision of services, regulation of telecommunications, revision of an agreement, roaming




L_2023241EN.01012501.xml










29.9.2023   


EN


Official Journal of the European Union


L 241/125








            COUNCIL DECISION (EU) 2023/2096
of 28 September 2023
         
on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by 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 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


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(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 (1) (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 (2), 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 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 those Annexes.












(5)


The Association Committee in Trade configuration should adopt a decision 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 Union and the Republic of Moldova (‘Moldova’) recognise the importance of the approximation of Moldova’s existing legislation to that of the Union, meaning that Moldova is to ensure that its existing laws and future legislation will be gradually made compatible with the Union acquis. In addition, Article 102 of the Agreement provides that Moldova is to 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 regard to the roaming sector in the Union, and to update the Agreement in order to include recent Union 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 Union acquis relating to telecommunication services, it is necessary to add the relevant acts to that Annex. It is also necessary to delete certain acts already included in that 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 Union acquis relating to postal and courier services, it is necessary to add the relevant acts to that Annex.












(10)


It is therefore appropriate to establish the position to be taken on the Union’s behalf within the Association Committee in Trade configuration, as the Decision modifying Annex XXVIII-B (Rules applicable to telecommunication services) and Annex XXVIII-C (Rules applicable to postal and courier services) to the Agreement will be binding upon the Union,





HAS ADOPTED THIS DECISION:



Article 1
The position to be taken on the Union’s behalf within the Association Committee in Trade configuration established by 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, 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, shall be based on the draft Decision of that Committee attached to this Decision.


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




Done at Brussels, 28 September 2023.


For the Council


The President

F. GRANDE-MARLASKA GÓMEZ
            





(1)  
            OJ L 260, 30.8.2014, p. 4.

(2)  Decision No 3/2014 of the EU-Republic of Moldova Association Council of 16 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration (OJ L 110, 29.4.2015, p. 40).





DRAFT
DECISION No …/2023 OF THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
of …
amending Annex XXVIII-B (Rules applicable to telecommunication services) and Annex XXVIII-C (Rules applicable to postal and courier services) to 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


THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,

Having regard to 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, and in particular Articles 102, 230 and 240 thereof,


Having regard to Decision No 3/2014 of the EU-Republic of Moldova Association Council of 16 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration (1),

Whereas:







(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 (the ‘Agreement’) entered into force on 1 July 2016.












(2)


Article 1(2), point (g), of the Agreement provides that the aim of the Agreement is, inter alia, to establish conditions for enhanced economic and trade relations leading towards gradual integration of the Republic of Moldova (‘Moldova’) in the EU internal market, including by setting up a Deep and Comprehensive Free Trade Area, which will provide for far-reaching regulatory approximation and market access liberalisation, in compliance with the rights and obligations arising out of World Trade Organization membership and the transparent application of those rights and obligations.












(3)


Article 102 of the Agreement provides that Moldova is to 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.












(4)


Article 230 of the Agreement provides that Moldova is to carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XXVIII-C to the Agreement, according to the provisions of that Annex.












(5)


Moldova has requested further market access liberalisation with regard to roaming.












(6)


Rules on roaming form part of the EU telecommunications acquis but they were not included in Annex XXVIII-B (Rules applicable to telecommunication services) when the Agreement was concluded. Therefore, Annex XXVIII-B should be complemented by the relevant EU acts relating to roaming.












(7)


At the current stage of economic and legal development of the EU internal market relateing to telecommunications services, the relevant EU acts concerning roaming are the following: Commission Implementing Regulation (EU) 2016/2286 (2), Regulation (EU) 2018/1971 (3) and Directive (EU) 2018/1972 (4) of the European Parliament and of the Council, Commission Delegated Regulation (EU) 2021/654 (5) and Regulation (EU) 2022/612 of the European Parliament and of the Council (6).












(8)


Article 1(4) of Regulation (EU) 2022/612 and Articles 3(2) and 3(3) of Commission Delegated Regulation (EU) 2021/654 refer to reference exchange rates published by the European Central Bank in the Official Journal of the European Union. At present, the European Central Bank does not publish exchange rates for the Moldovan leu. An adaptation is therefore needed with respect to those provisions in order to provide for the use of the exchange rates between the euro and the Moldovan leu published by the National Bank of Moldova for as long as the European Central Bank does not publish exchange rates for the Moldovan leu.












(9)


In addition, the Union acquis referred to in Annex XXVIII-B has evolved since the last update of the Annex dated 4 October 2019, and the Union acquis referred to in Annex XXVIII-C has evolved since the entry into force of the Agreement.












(10)


It is therefore necessary to update and amend Annexes XXVIII-B and XXVIII-C to the Agreement by adding the relevant EU acts to Annexes XXVIII-B and XXVIII-C and deleting certain acts which they replace.












(11)


On 16 December 2014, the Association Council, by means of Decision No 3/2014, delegated to the Association Committee in Trade configuration, as referred to in Article 438(3) of the Agreement, the power to update or amend certain trade-related Annexes to the Agreement.












(12)


Once Moldova considers that a particular EU legal act has been properly enacted and implemented, Moldova will submit the relevant transposition tables, together with an official English translation of the implementing Moldovan legal act, to the EU co-secretary of the Association Committee in Trade configuration,





HAS ADOPTED THIS DECISION:



Article 1
Annex XXVIII-B (Rules applicable to telecommunication services) to the Agreement is hereby amended as set out in Annex I to this Decision.


Article 2
Annex XXVIII-C (Rules applicable to postal and courier services) to the Agreement is hereby amended as set out in Annex II to this Decision.


Article 3
This Decision has been established in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, and Swedish languages, each text being equally authentic.


Article 4
This Decision shall enter into force on the date of its adoption.




Done at …, …


For the Association Committee in Trade configuration

The Chair


The Secretaries





(1)  
            OJ EU L 110, 29.4.2015, p. 40.

(2)  Commission Implementing Regulation (EU) 2016/2286 of 15 December 2016 laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the abolition of retail roaming surcharges and on the application to be submitted by a roaming provider for the purposes of that assessment (OJ EU L 344 17.12.2016, p. 46).

(3)  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 EU L 321, 17.12.2018, p. 1
).


(4)  Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ EU L 321 17.12.2018, p. 36).

(5)  Commission Delegated Regulation (EU) 2021/654 of 18 December 2020 supplementing Directive (EU) 2018/1972 of the European Parliament and of the Council by setting a single maximum Union-wide mobile voice termination rate and a single maximum Union-wide fixed voice termination rate (OJ EU L 137, 22.4.2021, p. 1
).


(6)  Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (OJ EU L 115, 13.4.2022, p. 1).





ANNEX I

1.   
Annex XXVIII-B (Rules applicable to telecommunication services) shall be amended by adding the following EU acts:
Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (recast) (‘EECC’).





Timetable: the provisions of Directive (EU) 2018/1972 shall be implemented within 1 year after the date of entry into force of this Decision.




Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (recast).
The provisions of Regulation (EU) 2022/612 shall, for the purposes of this Agreement, be read with the following adaptation: Article 1(4) refers to reference exchange rates published by the European Central Bank in the Official Journal of the European Union. For as long as the European Central Bank does not publish exchange rates for the Moldovan leu, exchange rates between the euro and the Moldovan leu published by the National Bank of Moldova should be used for the purposes of applying Article 1(4). The reference periods and conditions laid down in Article 1(4) remain unchanged.





Timetable: the provisions of Regulation (EU) 2022/612 shall be implemented within 2 years after the date of entry into force of this Decision.




Commission Implementing Regulation (EU) 2016/2286 of 15 December 2016 laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the abolition of retail roaming surcharges and on the application to be submitted by a roaming provider for the purposes of that assessment.





Timetable: the provisions of Commission Implementing Regulation (EU) 2016/2286 shall be implemented within 2 years after the date of entry into force of this Decision.




Commission Delegated Regulation (EU) 2021/654 of 18 December 2020 supplementing Directive (EU) 2018/1972 of the European Parliament and of the Council by setting a single maximum Union-wide mobile voice termination rate and a single maximum Union-wide fixed voice termination rate.
The provisions of Commission Delegated Regulation (EU) 2021/654 shall, for the purposes of this Agreement, be read with the following adaptation: Article 3(2) and 3(3) refers to reference exchange rates published by the European Central Bank in the Official Journal of the European Union. For as long as the European Central Bank does not publish exchange rates for the Moldovan leu, exchange rates between the euro and the Moldovan leu published by the National Bank of Moldova should be used for the purposes of applying Article 3(2) and 3(3). The reference periods and conditions laid down in Article 3(2) and 3(3) remain unchanged.





Timetable: the provisions of Commission Delegated Regulation (EU) 2021/654 shall be implemented before the Roaming Regulation and shall be implemented within 2 years after the date of entry into force of this Decision.




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.






—


The national regulatory authority of Moldova with primary responsibility for overseeing the day-to-day operation of the markets for electronic communications networks and services shall participate fully in the work of the Board of Regulators of BEREC, the working groups of BEREC and the Management Board of the BEREC Office: the national regulatory authority of Moldova shall have the same rights and obligations as the national regulatory authorities of the EU Member States, except for the right to vote and for the Chairmanship of the Board of Regulators and of the Management Board.










—


In light thereof, the national regulatory authority of Moldova shall be represented at an appropriate level in accordance with the provisions of the BEREC Regulation. In accordance with the relevant rules of the EU regulations mentioned above, BEREC and the BEREC Office shall, as the case may be, assist the national regulatory authority of Moldova in the performance of its tasks.










—


The national regulatory authority of Moldova shall take the utmost account of any guideline, opinion, recommendation, common position and best practices adopted by BEREC with the aim of ensuring the consistent implementation of the regulatory framework for electronic communications.





Timetable: the provisions of Regulation (EU) 2018/1971 shall be implemented within 1 year after the date of entry into force of this Decision.








Commission Implementing Regulation (EU) 2019/2243 of 17 December 2019 establishing a template for the contract summary to be used by providers of publicly available electronic communications services pursuant to Directive (EU) 2018/1972 of the European Parliament and of the Council.





Timetable: the provisions of Commission Implementing Regulation (EU) 2019/2243 shall be implemented within 1 year after the date of entry into force of this Decision.




Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks.





Timetable: the provisions of Directive 2014/61/EU shall be implemented before the Roaming Regulation and within 1 year after the date of entry into force of this Decision.




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 (OJ L 310, 26.11.2015, p. 1), as amended by: Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 (OJ L 321, 17.12.2018, p. 1).





Timetable: the provisions of Regulation (EU) 2015/2120 shall be implemented before the Roaming Regulation and within 1 year after the date of entry into force of this Decision.




Commission Decision 2007/176/EC of 11 December 2006 establishing a list of standards and/or specifications for electronic communications networks, services and associated facilities and services and replacing all previous versions (OJ L 86, 27.3.2007, p. 11), as amended by: Commission Decision 2008/286/EC of 17 March 2008 (OJ L 93, 4.4.2008, p. 24).





Timetable: the provisions of Commission Decision 2007/176/EC shall be implemented within 2 years after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2015/296 of 24 February 2015 establishing procedural arrangements for cooperation between Member States on electronic identification pursuant to Article 12(7) 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 Commission Implementing Decision (EU) 2015/296 shall be implemented within 3 years after the date of entry into force of this Decision.




Commission Implementing Regulation (EU) 2015/1501 of 8 September 2015 on the interoperability framework pursuant to Article 12(8) 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 Commission Implementing Regulation (EU) 2015/1501 shall be implemented within 3 years after the date of entry into force of this Decision.




Commission Implementing Regulation (EU) 2015/1502 of 8 September 2015 on setting out minimum technical specifications and procedures for assurance levels for electronic identification means pursuant to Article 8(3) 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 Commission Implementing Regulation (EU) 2015/1502 shall be implemented within 3 years after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2015/1984 of 3 November 2015 defining the circumstances, formats and procedures of notification pursuant to Article 9(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 Commission Implementing Decision (EU) 2015/1984 shall be implemented within 3 years after the date of entry into force of this Decision.




Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (recast).





Timetable: the provisions of Directive (EU) 2019/1024 shall be implemented within 2 years after the date of entry into force of this Decision.




Commission Implementing Regulation (EU) 2023/138 of 21 December 2022 laying down a list of specific high-value datasets and the arrangements for their publication and re-use.





Timetable: the provisions of Commission Implementing Regulation (EU) 2023/138 shall be implemented within 2 years after the date of entry into force of this Decision.




Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).





Timetable: the provisions of Regulation (EU) 2022/2065 shall be implemented within 3 years after the date of entry into force of this Decision.




Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online.





Timetable: the provisions of Commission Recommendation (EU) 2018/334 shall be implemented within 2 years after the date of entry into force of this Decision.




Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act).





Timetable: the provisions of Regulation (EU) 2022/1925 shall be implemented within 3 years after the date of entry into force of this Decision.




Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (Platform-to-Business Regulation).





Timetable: the provisions of Regulation (EU) 2019/1150 shall be implemented within 2 years after the date of entry into force of this Decision.




Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (Geo-blocking Regulation).





Timetable: the provisions of Regulation (EU) 2018/302 shall be implemented within 2 years after the date of entry into force of this Decision.




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.





Timetable: the provisions of Directive 2002/58/EC shall be implemented within 1 year after the date of entry into force of this Decision.




RADIO SPECTRUM LEGISLATION
Decision 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme.





Timetable: the provisions of Decision 243/2012/EU of the European Parliament and of the Council shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision 2013/195/EU of 23 April 2013 defining the practical arrangements, uniform formats and a methodology in relation to the radio spectrum inventory established by Decision No 243/2012/EU of the European Parliament and of the Council establishing a multiannual radio spectrum policy programme.





Timetable: the provisions of Commission Implementing Decision 2013/195/EU shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2016/687 of 28 April 2016 on the harmonisation of the 694-790 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services and for flexible national use in the Union.





Timetable: the provisions of Commission Implementing Decision (EU) 2016/687 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2016/2317 of 16 December 2016 amending Decision 2008/294/EC and Implementing Decision 2013/654/EU, in order to simplify the operation of mobile communications on board aircraft (MCA services) in the Union.





Timetable: the provisions of Commission Implementing Decision (EU) 2016/2317 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2017/191 of 1 February 2017 amending Decision 2010/166/EU, in order to introduce new technologies and frequency bands for mobile communication services on board vessels (MCV services) in the European Union.





Timetable: the provisions of Commission Implementing Decision (EU) 2017/191 shall be implemented within 1 year after the date of entry into force of this Decision.




Decision (EU) 2017/899 of the European Parliament and of the Council of 17 May 2017 on the use of the 470-790 MHz frequency band in the Union.





Timetable: the provisions of Decision (EU) 2017/899 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2017/1483 of 8 August 2017 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2006/804/EC.





Timetable: the provisions of Commission Implementing Decision (EU) 2017/1483 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2017/2077 of 10 November 2017 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 Commission Implementing Decision (EU) 2017/2077 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2018/661 of 26 April 2018 amending Implementing Decision (EU) 2015/750 on the harmonisation of the 1 452-1 492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union as regards its extension in the harmonised 1 427-1 452 MHz and 1 492-1 517 MHz frequency bands.





Timetable: the provisions of Commission Implementing Decision (EU) 2018/661 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2018/1538 of 11 October 2018 on the harmonisation of radio spectrum for use by short-range devices within the 874-876 and 915-921 MHz frequency bands.





Timetable: the provisions of Commission Implementing Decision (EU) 2018/1538 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2019/235 of 24 January 2019 on amending Decision 2008/411/EC as regards an update of relevant technical conditions applicable to the 3 400-3 800 MHz frequency band.





Timetable: the provisions of Commission Implementing Decision (EU) 2019/235 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2019/785 of 14 May 2019 on the harmonisation of radio spectrum for equipment using ultra-wideband technology in the Union and repealing Decision 2007/131/EC.





Timetable: the provisions of Commission Implementing Decision (EU) 2019/785 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2019/1345 of 2 August 2019 amending Decision 2006/771/EC on updating harmonised technical conditions in the area of radio spectrum use for short-range devices.





Timetable: the provisions of Commission Implementing Decision (EU) 2019/1345 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2019/784 of 14 May 2019 on harmonisation of the 24,25-27,5 GHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services in the Union.





Timetable: the provisions of Commission Implementing Decision (EU) 2019/784 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2020/590 of 24 April 2020 amending Decision (EU) 2019/784 as regards an update of relevant technical conditions applicable to the 24,25-27,5 GHz frequency band.





Timetable: the provisions of Commission Implementing Decision (EU) 2020/590 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2020/636 of 8 May 2020 amending Decision 2008/477/EC a regards an update of relevant technical conditions applicable to the 2 500-2 690 MHz frequency band.





Timetable: the provisions of Commission Implementing Decision (EU) 2020/636 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2020/667 of 6 May 2020 amending Commission Implementing Decision 2012/688/EU as regards an update of relevant technical conditions applicable to the frequency bands 1 920-1 980 MHz and 2 110-2 170 MHz.





Timetable: the provisions of Commission Implementing Decision (EU) 2020/667 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Regulation (EU) 2020/1070 of 20 July 2020 on specifying the characteristics of small-area wireless access points pursuant to Article 57 paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and the Council establishing the European Electronic Communications Code.





Timetable: the provisions of Commission Implementing Regulation (EU) 2020/1070 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2020/1426 of 7 October 2020 on the harmonised use of radio spectrum in the 5 875-5 935 MHz frequency band for safety-related applications of Intelligent Transport Systems (ITS) and repealing Decision 2008/671/EC.





Timetable: the provisions of Commission Implementing Decision (EU) 2020/1426 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2021/1067 of 17 June 2021 on the harmonised use of radio spectrum in the 5 945-6 425 MHz frequency band for the implementation of wireless access systems including radio local area networks (WAS/RLANs).





Timetable: the provisions of Commission Implementing Decision (EU) 2021/1067 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2021/1730 of 28 September 2021 on the harmonised use of the paired frequency bands 874.4-880.0 MHz and 919.4-925.0 MHz and of the unpaired frequency band 1 900-1 910 MHz for Railway Mobile Radio.





Timetable: the provisions of Commission Implementing Decision (EU) 2021/1730 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2022/172 of 7 February 2022 amending Implementing Decision (EU) 2018/1538 on the harmonisation of radio spectrum for use by short-range devices within the 874-876 and 915-921 MHz frequency bands.





Timetable: the provisions of Commission Implementing Decision (EU) 2022/172 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2022/173 of 7 February 2022 on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing electronic communications services in the Union and repealing Decision 2009/766/EC.





Timetable: the provisions of Commission Implementing Decision (EU) 2022/173 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2022/179 of 8 February 2022 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 and repealing Decision 2005/513/EC.





Timetable: the provisions of Commission Implementing Decision (EU) 2022/179 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2022/180 of 8 February 2022 amending Decision 2006/771/EC as regards the update of harmonised technical conditions in the area of radio spectrum use for short-range devices.





Timetable: the provisions of Commission Implementing Decision (EU) 2022/180 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2022/2307 of 23 November 2022 amending Implementing Decision (EU) 2022/179 as regards designating and making available the 5 150-5 250 MHz, 5 250-5 350 MHz and 5 470-5 725 MHz frequency bands in accordance with the technical conditions set out in the Annex.





Timetable: the provisions of Commission Implementing Decision (EU) 2022/2307 shall be implemented within 1 year after the date of entry into force of this Decision.




Commission Implementing Decision (EU) 2022/2324 of 23 November 2022 amending Decision 2008/294/EC, to include additional access technologies and measures for the operation of mobile communications services on aircraft (MCA services) in the Union.





Timetable: the provisions of Commission Implementing Decision (EU) 2022/2324 shall be implemented within 1 year after the date of entry into force of this Decision






2.   
Annex XXVIII-B (Rules applicable to telecommunication services) shall be amended by deleting the following acts:






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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.










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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.










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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.










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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.










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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.










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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.










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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).










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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).










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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.










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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.










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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.










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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.










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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).










ANNEX II
Annex XXVIII-C (Rules applicable to postal and courier services) shall be amended by adding the following EU acts:






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Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services.










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Commission Implementing Regulation (EU) 2018/1263 of 20 September 2018 establishing the forms for the submission of information by parcel delivery service providers pursuant to Regulation (EU) 2018/644 of the European Parliament and of the Council.









Timetable: the provisions of Regulation (EU) 2018/644 and Commission Implementing Regulation (EU) 2018/1263 shall be implemented within 1 year after the date of entry into force of this Decision.