COMMISSION STAFF WORKING DOCUMENT Determination of Moldova’s fulfilment of the conditions for enacting and implementing the EU acquis in the sector of roaming on public mobile communications networks Accompanying the document Proposal for a Council Decision on the position to be taken on behalf of the European Union in the Association Council 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 further market opening with respect to the sector of roaming on public mobile communications networks and on amending Annex XXVIII-B (Rules applicable to telecommunication services) to that Association Agreement
Date: 2025-07-01
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EAEC, Moldova, approximation of laws, association agreement (EU), euro, exchange rate, national currency, revision of an agreement, roaming

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   EUROPEAN COMMISSION  Brussels, 1.7.2025  SWD(2025) 174 final  COMMISSION STAFF WORKING DOCUMENT Determination of Moldova’s fulfilment of the conditions for enacting and implementing the EU acquis in the sector of roaming on public mobile communications networks Accompanying the document Proposal for a Council Decision on the position to be taken on behalf of the European Union in the Association Council 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 further market opening with respect to the sector of roaming on public mobile communications networks and on amending Annex XXVIII-B (Rules applicable to telecommunication services) to that Association Agreement {COM(2025) 361 final}  
 
 
Determination of Moldova’s fulfilment of the conditions for enacting and implementing 
the EU acquis in the sector of roaming on public mobile communications networks 

Summary  

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 
(‘Moldova’), of the other part, (the 'Agreement') sets out the legal framework under which 
Parties may grant each other further market opening in the sector of roaming on public mobile 
communications networks, a sub-sector of the telecommunication services sector. The EU’s 
‘roam like at home’ policy allows end users of mobile services to benefit (subject to certain 
exceptional  limitations)  from  roaming  services  at  their  domestic  retail  prices  when 
periodically travelling in another EU Member State. This policy is governed by a detailed 
and complex set of rules, that apply to both the wholesale and retail sides of the market.  

To  achieve  reciprocal  further  market  opening  in  the  sector  of  roaming  on  public  mobile 
communications  networks,  Moldova  committed  to  incorporate  into  its  national  law  the 
relevant EU acquis on roaming.  

On 9 May 2025, Moldova notified the Commission that: 

(i)  it considered that the conditions for completing the enactment and implementation, 
of  all  applicable  provisions  of  the  Union  roaming  acquis  have  been  fulfilled, 
including adequate supervisory capacity and supervisory arrangements, and  

(ii)  that a comprehensive assessment  within the meaning  of Article  409(1)  and Article 

451(1) of the Agreement should be carried out in that respect.  

On 3 and 20 June 2025, Moldova supplemented its initial notification after adopting into law 
its last remaining transposition measures.   

Article  409(2)  and  Article  451(1)  of  the  Agreement  requires  the  EU  to  conduct  a 
comprehensive assessment of whether Moldova’s legislation has been approximated to EU 
law and whether it is implemented and enforced effectively.  

The EU roaming acquis comprises several provisions from the following five legal acts:  

(i) 
(ii) 
(iii) 
(iv) 
(v) 

Directive (EU) 2018/1972 of the European Parliament and of the Council,  
Regulation (EU) 2022/612 of the European Parliament and of the Council,  
Commission Implementing Regulation (EU) 2016/2286,  
Commission Delegated Regulation (EU) 2021/654, and  
Regulation (EU) 2018/1971 of the European Parliament and of the Council, as 
listed in Annex XXVIII-B to the Agreement.  

After reviewing Moldova’s transposition tables to assess the alignment of each provision of 
the EU roaming acquis, it has been concluded that Moldova’s notified legislation meets the 
required compliance standards for a positive response.  

This document provides a detailed assessment of Moldova’s notified legislation with respect 
to the core provisions of the EU roaming acquis set put in Annex XXVIII-B to the Agreement. 

This document also shows that Moldova’s enactment and implementation are appropriate for 
the purpose of extending the EU’s ‘roam like at home’ area to Moldova, for the benefit of 
both Parties, and explains in detail how this conclusion was reached.  

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It I proposed that reciprocal further market opening between the EU and Moldova be granted 
for  the  sector  of  roaming  on  public  mobile  communications  networks  subject  to  the 
conditions set out in accordance with the Agreement.  

I. The applicable legal framework 

I.1. The relevant EU roaming acquis 

The telecommunication services sector is one of the relevant areas for Moldova’s regulatory 
approximation process under Article 102 of the Association Agreement between the European 
Union and the European Atomic Energy Community and their Member States, of the one part, 
and Moldova, of the other part1 (the ‘Agreement’). International roaming is a sector of the EU 
telecommunications  services,  and  the  roaming  market  is  a  part  of  the  telecommunications 
services market.  

Article 102 of the Agreement 

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 this Agreement, according to the 
provisions of that Annex. 

The following acts and component provisions constitute the relevant EU roaming acquis: 

(i) 

The following provisions of Directive (EU) 2018/1972 of the European Parliament 
and of the Council2: Article 1, Article 2 points (1) and (2), (4) to (11), (13) to (16), 
(22), (27) to (34), (36), and (38) to (40), Article 3, Articles 5 to 12, Article 13 with 
exceptions3,  Articles  14  to  17,  Articles  18  with  exceptions4,  Article  19  with 
exceptions5, Article  20, Article  21  with  exceptions6, Article  23  with  exceptions7, 
Articles 24 to 26, Article 27(1) and (2), and (4) to (6), Article 29(1), Article 30 with 
exceptions8, Article 31, Article 59, Article 60(1) and (2), Article 61(1), (2) points (a) 
to (c), (3), (5) and (6), Article 75(2) and (3), the first subparagraph of Article 93(5), 
Article 97, Article 99, Article 100, Article 108, Article 111, Article 120, the second 
and third subparagraphs of Article 122(1), parts A to C of Annex I, and Annex III; 

1              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, OJ L 260, 30.8.2014, 
p. 4–738.  

2          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,  ELI: 
http://data.europa.eu/eli/dir/2018/1972/oj). 

3          i.e., except all mentions to the rights of use for radio spectrum and numbering resources and the  cross 

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references to Article 45, Article 51, Article 62, Article 68, Article 83, and Article 94.  
i.e.,  except  all  mentions  to  the  rights  of  use  for  radio  spectrum,  numbering  resources  and  to  install 
facilities. 

5             i.e.,  except  all  mentions  to  the  rights  of  use  for  radio  spectrum,  numbering  resources  and  to  install 

facilities. 

6               i.e., except all mentions to rights of use and specific obligations and the cross references to Article 13(2), 

Article 22, and Annex I, parts D and E.  

7              i.e., except paragraph (2) and the cross references to Article 32(10), and Article 45(4) and (5).  
8         i.e., except all mentions to the rights of use for radio spectrum and numbering resources and the cross 

references to Article 4, Article 13(2), Article 45(1), Article 47, Article 67, and Article 69. 

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(ii) 

Regulation (EU) 2022/612 of the European Parliament and of the Council9, except 
for: Article 1(5), Article 3(8), Article 4(3), Article 7(1)-(3) and (5), Article 8(6), the 
first and third subparagraphs of Article 16, Article 20, Article 21, and Article 23; 
(iii)  Commission Implementing Regulation (EU) 2016/228610, except for: Article 12; 
(iv)  Commission  Delegated  Regulation  (EU)  2021/65411,  except  for:  Article  1(2), 
Article 4(2) to (5), and Article 5(2); at the same time, Article 1(3) and (4) have a 
special status, as indicated below; and  
The following provisions of Regulation (EU) 2018/1971 of the European Parliament 
and of the Council12: Article 3(5), Article 4(4), Article 7(1) to (3), Article 8, Article 
11(5), Article 12(2), Article 15(1) to (3), Article 18(5), Article 38(2), Article 40(1), 
(2), (4) and (5), and Article 42(1) and (2). 

(v) 

As regards Regulation (EU) 2022/612, the exception regarding Article 7(1) to (3)  is without 
prejudice to Moldova’s obligation to implement the implementing acts13 on the application of 
fair use policies, the methodology for assessing sustainability of the provision of retail roaming 
services at domestic prices and the application to be submitted by a roaming provider for the 
purpose of the assessment of the sustainability.  

As regards Regulation (EU) 2018/1971, it should be noted that 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 will 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  will  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. 

9            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,  ELI: 
http://data.europa.eu/eli/reg/2022/612/oj). 

10             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 
(OJ  EU  L  344,  17.12.2016,  p.  46,  ELI:  https://eur-
lex.europa.eu/eli/reg_impl/2016/2286/oj). 

that  assessment 

11           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, ELI: https://eur-lex.europa.eu/eli/reg_del/2021/654/oj). 

12                  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 
(OJ  EU  L  321,  17.12.2018,  p.  1,  ELI:  https://eur-
lex.europa.eu/eli/reg/2018/1971/oj). 

(EC)  No  1211/2009 

13           Currently, this is referring to Implementing Regulation (EU) 2016/2286 only.  

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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. 

As  regards  the  Commission  Delegated  Regulation  (EU)  2021/654,  it  should  be  noted  that 
Moldova  opted  to  implement  Article  1(1),  Article  3(1),  Article  4(1)  and  Article  5(1)  by 
mandating its operators not to exceed the single maximum European union-wide mobile voice 
termination rate and the single maximum European Union-wide fixed voice termination rate, 
respectively.  

I.2. Moldova’s notification of legislation approximation and the Union’s assessment   

Articles 408 and 410 of the Agreement set out how Moldova is expected to make EU law part 
of its internal legal framework.  

Article 408 of the Agreement  

As  part  of  the  approximation,  the  Republic  of  Moldova  shall  withdraw  provisions  of  its 
domestic law or abolish domestic practices that are inconsistent with Union law or with its 
domestic law approximated to the Union law in the trade-related areas of Title V (Trade and 
Trade-related Matters) of this Agreement. 

Article 410 of the Agreement 

1. The Republic of Moldova shall ensure the effective implementation of the approximated 
domestic law and undertake any action necessary to reflect the developments in Union law 
in its domestic law in the trade-related areas of Title V (Trade and Trade-related Matters) of 
this Agreement. 

2. The Republic of Moldova shall refrain from any action that would undermine the objective 
or  the  outcome  of  approximation  under Title V  (Trade  and Trade-related  Matters)  of  this 
Agreement. 

3. The Union shall inform the Republic of Moldova about any final European Commission 
proposals to adopt or amend Union law relevant to approximation obligations incumbent on 
the Republic of Moldova under Title V (Trade and Trade-related Matters) of this Agreement. 

4. The Republic of Moldova shall inform the Union of legislative proposals and measures, 
including domestic practices, which may affect the fulfilment of its obligations under Title V 
(Trade and Trade-related Matters) of this Agreement. 

5. Upon request, the Parties shall discuss the impact of any proposals or actions referred to 
in paragraphs 3 and 4 of this Article on the legislation of the Republic of Moldova or on the 
compliance  with  the  obligations  under  Title  V  (Trade  and  Trade-related  Matters)  of  this 
Agreement. 

Article 407(3) of the Agreement provides the legal framework for Moldova’s notification of its 
approximation with the relevant EU roaming acquis’.  

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Article 407(3) of the Agreement 

3. The Republic of Moldova shall inform the Union when it considers that it has completed 
the approximation provided for in any of the Chapters referred to in paragraph 1. 

Articles 409, 451 and 452 of the agreement lay down the EU’s corresponding assessment of 
this approximation. The assessment under Articles 451 and 452 of the Agreement builds upon 
the regular monitoring and assessment under Article 407 (1) and (2) to the Agreement. 

Article 409  

1. The assessment of approximation by the Union referred to in Title V (Trade and Trade-
related Matters) of this Agreement shall start after the Republic of Moldova has informed the 
Union  pursuant  to  Article  407(3)  of  this  Agreement,  unless  otherwise  provided  for  in 
Chapters 4 and 8 of Title V (Trade and Trade-related Matters) of this Agreement. 

2.  The  Union  shall  assess  whether  the  legislation  of  the  Republic  of  Moldova  has  been 
approximated  to  Union  law  and  whether  it  is  implemented  and  enforced  effectively.  The 
Republic of Moldova shall provide the Union with all necessary information to enable such 
assessment, in a language to be mutually agreed. 

3. The assessment by the Union pursuant to paragraph 2 shall take into account the existence 
and operation of relevant infrastructure, bodies and procedures in the Republic of Moldova 
necessary for the effective implementation and enforcement of the legislation of the Republic 
of Moldova. 

4. The assessment by the Union pursuant to paragraph 2 shall take account of the existence 
of  any  domestic  provisions  or  practices  that  are  inconsistent  with  Union  law  or  with  the 
domestic law approximated to the Union law in the trade-related areas of Title V (Trade and 
Trade-related Matters) of this Agreement. 

5. The Union shall inform the Republic of Moldova within 12 months from the start of the 
assessment referred to in paragraph 1 about the results of its assessment, unless otherwise 
provided. The Parties shall discuss the assessment  in  the Association  Committee in Trade 
configuration, as set out in Article 438(4) of this Agreement, or its relevant Sub-Committees, 
in accordance with Article 452 of this Agreement, unless otherwise provided. 

Article 451 of the Agreement  

1. The EU shall assess the approximation of the law of the Republic of Moldova to EU law, 
as  defined  in  this Agreement.  This  includes  aspects  of  implementation  and  enforcement. 
Those assessments may be conducted by the EU individually, by the EU in agreement with 
the Republic of Moldova, or jointly by the Parties. To facilitate the assessment process, the 
Republic of Moldova shall report to the EU on progress in approximation, where appropriate 
before the end of the transitional periods set out in this Agreement in relation to EU legal 
acts.  The  reporting  and  assessment  process,  including  modalities  and  frequency  of 
assessments,  will  take  into  account  specific  modalities  laid  down  in  this  Agreement  or 
decisions by the institutional bodies established by this Agreement. 
[…] 

Article 452 of the Agreement  

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1. The results of monitoring activities, including the assessments of approximation as set out 
in Article 451 of this Agreement, shall be discussed in all relevant bodies established under 
this Agreement. Such bodies may adopt joint recommendations, agreed unanimously, which 
shall be submitted to the Association Council. 

2. If the Parties agree that necessary measures covered by Title V (Trade and Trade-related 
Matters) of this Agreement have been implemented and are being enforced, the Association 
Council, under the powers conferred on it by Article 436 of this Agreement, shall agree on 
further  market  opening  as  defined  in  Title  V  (Trade  and  Trade-related  Matters)  of  this 
Agreement. 
[…] 

Article 452(2) of the Agreement sets out the way forward following a positive outcome of the 
EU’s assessment. Therefore, a positive outcome leads to a decision by the Association Council 
on further market opening in the sector(s) concerned.   

Article 452(2) 

2. If the Parties agree that necessary measures covered by Title V (Trade and Trade-related 
Matters) of this Agreement have been implemented and are being enforced, the Association 
Council, under the powers conferred on it by Article 436 of this Agreement, shall agree on 
further  market  opening  as  defined  in  Title  V  (Trade  and  Trade-related  Matters)  of  this 
Agreement. 

I.3. Legal implications of reciprocal further market opening  

An agreement to open the roaming market further means that all the rights and obligations that 
roaming service providers and operators in the EU must extend to each other – notably the right 
and obligation to apply prices below the regulated wholesale roaming caps – must be extended 
to roaming service providers and operators in Moldova. Likewise, roaming service providers 
and  operators  in  Moldova  must  extend  the  same  rights  and  obligations  to  roaming  service 
providers and operators in the EU.  

The end users’ rights must also be extended, meaning that the prohibition on roaming service 
providers in the EU to apply retail roaming surcharges to end users travelling in the EU must 
be extended to end users travelling in Moldova. Moldovan operators would be prohibited from 
applying retail roaming surcharges to end users travelling in the EU.  

The  Moldovan  national  regulatory  authority  will  also  have  all  the  empowerments  and 
obligations as the national regulatory authorities in the EU.  

I.4.  Changes  to  the  relevant  EU  legislation  after  the  decision  to  grant  further  market 
opening    

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Article 4 of the proposed decision for further market opening14 provides for a two-step process 
if the EU adopts new legal acts or amend existing acts in the sector of roaming on public mobile 
communications networks.  

The first step gives the joint EU-Republic of Moldova Association Trade Committee (‘Trade 
Committee’) three months to add a particular new or amended EU act to Annex XXVIII-B of 
the Agreement.  Once that new or amended EU act has been added, the second step involves 
Moldova  making  the  relevant  provisions  of  the  acts  referred  to  in Annex  XXVIII-B  to  the 
Agreement part of Moldovan law in accordance with Article 2(3) of the proposed decision for 
further market opening. An assessment of the implementation will be carried out by the EU in 
cooperation with Moldova in line with Article 409 of the Agreement.    

Article 2(3) and Article 4(1) to (4) to the proposed decision for further market opening  

Article 2 
3.  Acts  constituting  the  Union  roaming  acquis,  as  specified  in  Annex  XXVIII-B  to  the 
Agreement  (the  ‘Union  roaming  acquis’),  shall  be  binding  upon  the Parties  and  be,  or  be 
made, part of their internal legal order as follows:  

(a) an act corresponding to a Union Regulation or Decision shall as such be made part of the 
internal legal order of Moldova;   

(b) an act corresponding to a Union Directive shall leave to the authorities of Moldova the 
choice of form and method of implementation.   

Article 4 
1. The Union maintains its right to adopt new legal acts or amend existing acts in the sector 
of roaming on public mobile communications networks. The Union shall notify Moldova and 
the Trade Committee in writing, in a timely manner, of any new legally binding act in the 
sector of roaming on public mobile communications networks once it has been adopted by 
the Union.   

2. The Trade Committee shall decide within three months to add a particular new or amended 
Union act to Annex XXVIII-B of the Agreement.   

3. Once a new or amended Union act has been added to Annex XXVIII-B to the Agreement, 
Moldova shall transpose and implement the act into its domestic legal system. The applicable 
provisions of the acts referred to in Annex XXVIII-B to the Agreement shall be made part of 
Moldova’s internal legal order in accordance with Article 2(3) and in line within the following 
deadlines:  

(a) a Union Regulation or Decision shall be implemented and enforced as soon as practicable 
and at the latest 3 months after the entry into force date provided for in that Regulation or 
Decision, unless otherwise decided by the Trade Committee;  

14 Proposed Decision of the EU – Republic of Moldova Association Council as regards the further market opening 
with respect to the sector of roaming on public mobile communications networks and amending Annex 
XXVIII-B (Rules applicable to telecommunication 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 

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(b) a Union Directive shall be implemented and enforced as soon as practicable and at the 
latest 3 months after the transposition period provided for in the Directive has expired, unless 
otherwise decided by the Trade Committee.  

Moldova  shall  ensure  that  at  the  end  of  the  relevant  time  period,  its  legal  order  is  fully 
compliant with the Union legal act to be implemented.   

4. An assessment of the implementation will be carried out by the Union in cooperation with 
Moldova according to the principles set out in Article 409 of the Agreement.   

Article 4(5) and (6) of the proposed decision for further market opening sets out the conditions 
under which Moldova may be granted a temporary and partial derogation for the approximation 
of a new or amended EU legislation, in the event of particular difficulties. 

Article 4 of the proposed decision for further market opening  

5. In case Moldova expects to face particular difficulties in transposing a new or amended 
Union act into its domestic legislation, it shall inform the Union and the Trade Committee 
immediately  thereof.  The  Trade  Committee  may  decide  whether  Moldova  can  under 
exceptional  circumstances  temporarily  and  partly  be  exempted  from  its  transposition 
obligations  under  paragraph  3  as  far  as  new  or  amended  Union  legal  acts  are  concerned. 
Should the Trade Committee grant such derogation, Moldova shall report regularly on the 
progress reached to transpose the relevant Union legislation.  

6.  If  notwithstanding  the  application  of  paragraph  5,  Moldova  does  not  approximate  its 
domestic  law  to  take  account  of  changes  to Annex  XXVIII-B  to  the Agreement,  or  if  an 
assessment  pursuant  to  Article  410(6)  of  the  Agreement  shows  that  the  legislation 
of   Moldova  is  no  longer  approximated  to  the  Union  law,  or  if  the Association  Council 
established by Article 434 of the Agreement fails to take a decision to update Annex XXVIII-
B to the Agreement in accordance with developments in Union law, the Union may suspend 
benefits  granted  under  this  Decision  in  accordance  with  Article  410(7)  and  (8)  of  the 
Agreement. The suspension shall be promptly lifted, if the Trade Committee subsequently 
resolves the matter.   

Article  8  of  the  proposed  decision  for  further  market  opening  provides  a  specific  legal 
mechanism  for  changes  to  EU  legislation  on  the  regulated  wholesale  roaming  caps  or 
termination rates. This mechanism ensures that the new caps or rates apply on the same date for 
both Parties.  

Article 8 of the proposed decision for further market opening  

In case the regulated charges set out in the Union roaming acquis are amended after the entry 
into force of this Decision, their compulsory application for the purposes of this Decision 
starts  on  the  same  date  for  both  Parties.  This  is  either  the  date  of  entry  into  force  of  the 
relevant amendments to the Union roaming acquis or the date of entry into force of Moldova’s 
fully  compliant  legislation  implementing  the  relevant  amendments  to  the  Union  roaming 
acquis,  following  its  confirmation  by  the  assessment  pursuant  to  Article  409  of  the 
Agreement, whichever date is last, or other date of entry into force agreed by both Parties to 

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avoid  the  retroactive  application  effect.  Until  that  date,  the  previously  regulated  charges 
remain applicable for the purposes of this Decision.  

II. Moldova’s notification 

In accordance with Article 407(3) of the Agreement, Moldova notified the EU on 9 May 2025 
that it considered it had completed the regulatory approximation with respect to the EU roaming 
acquis.15  Moldova  asked  for  an  assessment  pursuant  to  Article  409(1)  and  451(1)  of  the 
Agreement. On 3 June and 20 June 2025, Moldova supplemented its initial notification after 
adopting its last remaining transposition measure. 

The notified incorporating legislation consists of the following legal acts:  

A.  Primary legislation (i.e. laws adopted by the Parliament of Moldova):  

•  Law on Electronic Communications No. 72/202516 
•  Law on the regulation of roaming services between the Republic of Moldova and 

the Member States of the European Union No. 81/202517 

•  Law No. 144/2025 amending certain normative acts (supporting the digital economy 
and electronic services) (Romanian) – Article XVI amends the Law on electronic 
communications No. 72/2025, and Article XVII amends Law on the regulation of 
roaming services between the Republic of Moldova and the Member States of the 
European Union No. 81/202518 

B.  Secondary legislation instruments  

•  Administrative  board  decision  of  the  National  Regulatory Agency  for  Electronic 
Communications  and  Information  Technology  no.   16  of 2  June  2025  for 
establishing the detailed rules for the implementation of the provisions of Law No. 
81/2025 on the regulation of roaming services between the Republic of Moldova 
and the Member States of the European Union19  

•  Administrative  board  decision  of  the  National  Regulatory Agency  for  Electronic 
Communications and Information Technology no. 17 of 2 June 2025 laying down 
detailed rules on the application of the fair use policy and regarding the methodology 
for assessing the sustainability of providing retail roaming services at domestic retail 
prices, as well as regarding the application to be submitted by the roaming service 
provider for the purpose of that assessment20 

In  accordance  with Article  409(2)  of  the Agreement  the  Commission  has  assessed  that  the 
legislation  of  the  Republic  of  Moldova  has  been  approximated  to  EU  law  and  that  is 
implemented and enforced effectively.  

15           Ares(2025)3797410  
16  
17  
18  
19  
20  

https://www.legis.md/cautare/getResults?doc_id=148392&lang=ro  
https://www.legis.md/cautare/getResults?doc_id=148368&lang=ro  
https://monitorul.gov.md/ro/monitorul/view/pdf/3110/part/1#page=10 
https://en.anrceti.md/files/filefield/HCA%2016%20din%2002.06.2025_en.pdf  
https://en.anrceti.md/files/filefield/HCA%2017%20din%2002.06.2025_en.pdf 

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In accordance with Article 409(2) Moldova has provided the EU with all necessary information 
to enable such an assessment. Moldova has provided a transposition table for the approximation 
of each relevant EU. These transposition tables show, in detail, the correspondence between 
each EU provision and provision(s) in the notified legislation.  

For this comprehensive assessment, the notified Moldovan legislation has been checked only 
to  ensure  that  it  incorporates  relevant  provisions  concerning  the  roaming  acquis.  This 
assessment  therefore  has  no  bearing  on  any  future  assessment  concerning  legislation  on  the 
wider telecommunications sector. 

III. The substantive assessment of Moldova’s notified legislation 

In accordance with Article 452(1) of the Agreement, the assessment of approximation will be 
discussed in the Association Committee in Trade Configuration (the ‘Trade Committee’). Acts 
constituting the EU roaming acquis, as specified in Annex XXVIII-B to the Agreement, are to 
be binding upon the Parties and be, or be made, part of their internal legal order. Moldova must 
therefore adopt an act corresponding to a Union Regulation or Decision.  

Directive (EU) 2018/1972 

Moldova approximated the relevant provisions of Directive (EU) 2018/1972 with the Law on 
Electronic Communications No 72/2025.  

Findings by article 

Article 1 
The transposition of this article is in conformity with Directive (EU) 2018/1972. 

As  regards  the  transposition  of  paragraph  4,  Moldova  has  transposed  Regulation  (EU) 
2016/67921 of the European Parliament and of the Council of 27 April 2016 on the protection 
of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) through Law 
No 195/2024 on the protection of personal data. The transposition of Regulation (EU) 2016/679 
would  have  to  be  checked  separately  and  does  not  present  an  issue  for  the  Directive  (EU) 
2018/1972 compliance check.  

Article 2 points (1) and (2), (4) to (11), (13) to (16), (22), (27) to (34), (36), and (38) to (40) 
The transposition of the relevant definitions is in conformity with Directive (EU) 2018/1972.  

Moldova defines ‘undertaking’ in accordance with Moldova’s law on competition. 

Moldova defines ’operator’ as ‘provider of public electronic  communications networks’, but 
the content of the definition is aligned with the Directive.   

21         Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, 
p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). 

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Article 3 
Transposition of the objectives is in conformity with Directive (EU) 2018/1972.  

Articles 5-7 
The transposition of these articles is in conformity with Directive (EU) 2018/1972. 

Article 8 
The transposition of this article is in conformity with Directive (EU) 2018/1972. 

Part  of  the Article,  namely  on  the  supervision  requirement  and  overturning  of  decisions  by 
appeal  bodies,  is  transposed  into  the  Moldovan  Administrative  Code  of  the  Republic  of 
Moldova No 116/2018.  

Articles 9-11 
The transposition of these articles is in conformity with Directive (EU) 2018/1972. 

Article 12 
The transposition of this article is in conformity with Directive (EU) 2018/1972.  

The  Moldovan  transposition  includes  authorisation  for  carrying  out  works  at  the  border  in 
Chapter IV – General Authorisation, because it is an integral part of the authorisation procedure. 
However, the provision makes sufficiently clear that the special licences are separate from the 
general authorisation, and this separation is clear from the reading of the legal text.   

Article  13  excluding  the  mentions  of  rights  of  use  for  radio  spectrum  and  numbering 
resources and the cross references to Articles 45, 51, 62, 68, 83, and 94 
The transposition of the relevant provisions of this article is in conformity with Directive (EU) 
2018/1972. 

Articles 14-17 
The transposition of these articles is in conformity with Directive (EU) 2018/1972. 

Article  18  excluding  the  mentions  of  rights  of  use  for  radio  spectrum  and  numbering 
resources, and rights to install facilities 
The possibility to amend conditions and procedures concerning general authorisations has been 
correctly transposed. 

Article  19  excluding  the  mentions  of  rights  of  use  for  radio  spectrum  and  numbering 
resources and rights to install facilities 
The transposition of the relevant provisions of this article is in conformity with Directive (EU) 
2018/1972. 

Article 20  
The transposition of this article is in conformity with Directive (EU) 2018/1972. 

Directive  2014/61/EU  has  not  yet  been  transposed  into  national  law.  On  29  April  2024, 
Regulation  (EU)  2024/1309  of  the  European  Parliament  and  of  the  Council  on  measures  to 

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reduce the cost of deploying gigabit electronic communications networks, amending Regulation 
(EU)  2015/2120  and  repealing  Directive  2014/61/EU  entered  into  force. That  Regulation  is 
expected to be transposed in 2026.  

Article 21 excluding the mentions of rights of use and specific obligations and the cross 
references to Article 13(2), Article 22, and parts D and E of Annex I 
The transposition of the relevant provisions of this article is in conformity with Directive (EU) 
2018/1972. 

Article 23, excluding paragraph 2 and the cross references to Article 32(10), and Article 
45(4) and (5) 
The transposition of the relevant provisions of this article is in conformity with Directive (EU) 
2018/1972. 

Articles 24 to 26  
The transposition of these articles is in conformity with Directive (EU) 2018/1972. 

Article 27(1) and (2), and (4) to (6) 
The transposition of the relevant provisions of this article is in conformity with Directive (EU) 
2018/1972. 

Article 29(1) 
Paragraph 1 of this article is transposed in conformity with Directive (EU) 2018/1972. 

Article  30  excluding  the  mentions  of  rights  of  use  for  radio  spectrum  and  numbering 
resources and the cross references to Articles 4, 13(2), 45(1), 47, 67, and 69 
The transposition of the relevant provisions of this article is in conformity with Directive (EU) 
2018/1972. 

Article 31 
The transposition of this article is in conformity with Directive (EU) 2018/1972.  

Article 59 
The transposition of this article is in conformity with Directive (EU) 2018/1972. 

Article 60(1) and (2) 
The transposition of paragraphs 1  and 2 of this  article  is  in  conformity  with  Directive (EU) 
2018/1972.  

Article 61(1), (2) points (a) to (c), (3), (5) and (6) 
The transposition of the relevant provisions of this article is in conformity with Directive (EU) 
2018/1972. 

Article 75(2) and (3) 
The transposition of paragraphs 2  and 3 of this  article is  in  conformity  with  Directive (EU) 
2018/1972.  

The first subparagraph of Article 93(5)  

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The transposition of paragraphs 5 of this article is in conformity with Directive (EU) 2018/1972.  

Articles 97 and 99  
The transposition of these articles is in conformity with Directive (EU) 2018/1972.  

Article 100 
The transposition of this article is in conformity with Directive (EU) 2018/1972. The Moldovan 
law includes a reasonable adaptation. It includes a reference to the European Convention on 
Human Rights instead of the Charter.  

Articles 108, 111 and 120,  
The transposition of these articles is in conformity with Directive (EU) 2018/1972.  

Article 122(1) second and third subparagraphs 
The transposition of the relevant provisions of this article is in conformity with Directive (EU) 
2018/1972.  

This Article  is  partially  transposed  into  Moldovan  law,  because  law  reviews  are  subject  to 
national  Law No 100/2017  on Normative Acts. The Moldovan national  legal  order does not 
allow for legislating on the same principles in multiple pieces of legislations.   

Parts A to C of Annex I 
Transposition  of  the  relevant  parts  of  this  annex  is  in  conformity  with  Directive  (EU) 
2018/1972.  

Annex III 
The transposition of this annex is in conformity with Directive (EU) 2018/1972.  

Regulation (EU) 2022/612 

Moldova incorporated the relevant provisions of Regulation (EU) 2022/612 with the following 
legal acts:  

A.  Primary legislation instruments (i.e. laws adopted by the Parliament of Moldova):  

•  Law on the regulation of roaming services between the Republic of Moldova and 

the Member States of the European Union No. 81/2025 

B.  Secondary legislation: 

•  Administrative  board  decision  of  the  National  Regulatory Agency  for  Electronic 
Communications and Information Technology No 16 of June 2 2025 for establishing 
the detailed rules for the implementation of the provisions of Law No. 81/2025 on 
the  regulation  of  roaming  services  between  the  Republic  of  Moldova  and  the 
Member States of the European Union22  

•  Administrative  board  decision  of  the  National  Regulatory Agency  for  Electronic 
Communications and Information Technology No 17 of 2 June 2025 laying down 
detailed rules on the application of the fair use policy and regarding the methodology 

22  

https://en.anrceti.md/files/filefield/HCA%2016%20din%2002.06.2025_en.pdf  

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for assessing the sustainability of providing retail roaming services at domestic retail 
prices, as well as regarding the application to be submitted by the roaming service 
provider for the purpose of that assessment23 

Findings by article 

Necessary  adaptations  have  been  made  in  the  law,  which  are  not  to  be  considered  as 
nonconformity  with  the  roaming  acquis.  Such  adaptations  include  the  non-transposition  of 
obsolete dates, references to secondary legislation and substitution of references like ‘regulated 
roaming  area’  with  ‘area  covering  the  Republic  of  Moldova  and  the  European  Union’,  or 
’Union’ with ’the regulated roaming area’, or reference to the ‘Agency’ wherever the Union act 
refers to ‘national regulatory authority’.   

Article 1 
The incorporation of this article is in conformity with Regulation (EU) 2022/612.  

This article has been incorporated into Moldovan primary law with an adaptation by which the 
objective of the law is specified. It also refers to the European Convention on Human Rights 
and the Constitution of the Republic of Moldova, instead of the Charter of Fundamental Rights 
of  the  European  Union. Another  adaptation  is  made  to  refer  to  the  actual  year  from  which 
maximum charges in currencies other than the euro are to be revised.  

In  accordance  with Annex  XXVIII-B  to  the Agreement,  Moldova  adapted  paragraph  4,  as 
regards the rules of currency conversion from euro into Moldovan leu.  

Article 2 
The  incorporation  of  this  article  is  in  conformity  with  Regulation  (EU)  2022/612.  Moldova 
implemented this article in its primary law. 

The  Moldovan  law  includes  an  additional  definition  of  the  regulated  roaming  area,  in 
accordance with the Decision, as the common regulated roaming area to replace all references 
to the European Union or to Member States in the EU’s legislation of approximation. It also 
contains an additional definition for ’operator’ because this legal definition does not exist in 
Moldovan  national  law  and  therefore  it  was  necessary  to  add  it  in  the  transposition  of  the 
Roaming Regulation, which uses this term but does not define it.  

For clarity and because of the regular structure of Moldovan legal drafting, the first and second 
paragraphs of this article have been merged into one paragraph. This drafting adaptation does 
not change the substance of the provision.  

Article 3 
The  incorporation  of  this  article  is  in  conformity  with  Regulation  (EU)  2022/612.  Moldova 
implemented this article in its primary and secondary legislation No 17 of 2 June 2025. 

Paragraph 4 of this article is incorporated with an adaptation, by which it lays down that the 
rules on regulated wholesale charges are set by the national regulatory authority in secondary 

23  

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legislation. In paragraph 13 of this Article, the Moldovan legislation specifies that the visited 
network, which is regulated, is in the Republic of Moldova, because the Moldovan law regulates 
only networks and operators in Moldova. In the Moldovan law, any reference to the national 
regulatory  authority  is  incorporated  as  ‘the  Agency’,  which  is  the  regulatory  authority  in 
Moldova. In paragraph 14, the Moldovan law does not incorporate the obligation imposed on 
BEREC to issue an opinion.  

According  to  Annex  XXVIII-B  to  the  Agreement,  paragraph  8  is  exempted  from  the 
incorporation process. 

Article 4 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. According to 
Annex XXVIII-B to the Agreement, paragraph 3 is exempted from incorporation. 

Article 5 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented  this  article  in  its  primary  and  secondary  legislation.  The  adaptations  in  the 
transposition  of  this  article  relate  to  the  reference  to  the  secondary  legislation  issued  by  the 
national regulatory authority.  

Article 6 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its primary legislation. There is an adaptation relating to a reference 
to the secondary legislation issued by the national regulatory authority.  

Article 7 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
incorporated the relevant parts of this article in its primary and secondary legislation. According 
to  Annex  XXVIII-B  to  the  Agreement,  paragraphs  1  to  3  and  5  are  exempted  from  the 
incorporation process. The Moldovan law includes an adaptation relating to the adoption of a 
decision by the regulatory authority with the detailed rules relating to fair use policy and to the 
sustainability mechanism.  

Article 8 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its primary and secondary legislation. According to Annex XXVIII-
B to the Agreement, paragraph 6 is exempted from the incorporation process. 

The  maximum  applicable  surcharges  referred  to  in  this  article  are  defined  in  Moldova’s 
secondary legislation. Another adaptation is made in paragraph 1 subparagraph 2 of this article, 
where the wording in the Moldovan law is more general but in substance remains aligned with 
EU legislation.   

Article 9 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its secondary legislation. The Moldovan incorporation is adapted to 
the extent that the Moldovan law only refers to the relevant regulated wholesale cap for the year 
as of the entry into force of the Decision, alongside its decrease until 30 June 2032.  

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Article 10 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its secondary legislation. The Moldovan incorporation is adapted to 
the extent that the Moldovan law only refers to the relevant regulated wholesale cap for the year 
as of the entry into force of the Decision, alongside its decrease until 30 June 2032.  

Article 11 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its secondary legislation. The Moldovan incorporation is adapted to 
the extent that the Moldovan law only refers to the relevant regulated wholesale cap for the year 
as of the entry into force of the Decision, alongside its decrease until 30 June 2032.  

Article 12 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its primary legislation. 

Article 13 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its primary legislation. 

Article 14 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its primary legislation. 

Article 15 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its secondary legislation. 

Article 16 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented  this  article  in  its  primary  legislation.  According  to  Annex  XXVIII-B  to  the 
Agreement, the first and third paragraphs are exempted from the incorporation process. 

Article 17 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its primary legislation. The Moldovan law empowers the national 
regulatory authority to issue secondary legislation with regard to:  
a) the application of fair use policy; 
b) the methodology for assessing the sustainability of the provision of retail roaming services 
at  domestic  prices  as  well  as  the  request  to  be  submitted  by  the  roaming  provider  for  the 
purposes of that assessment; 
c)  the  maximum  wholesale  charges  for  regulated  roaming  services  that  a  visited  network 
operator of the Republic of Moldova may levy. 

An adaptation is made in which the irrelevant part of paragraph 3 of this article, i.e. the reference 
to  the  review  in Article  21,  is  not  incorporated.  Further,  for  clarity  and  in  accordance  with 

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Moldovan legal drafting, the reference to Article 349 of the Treaty of the Functioning of the 
European Union, on the outermost regions, is replaced with the list of the outermost regions. 
With regard to the incorporation of paragraph 4 of this Article, the Moldovan law also empowers 
the national regulatory authority to notify the collected data to the Commission, BEREC and 
other competent national regulatory authorities in the EU.  

Article 18 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its primary legislation.  

Article 19 
The incorporation of this article is in conformity with Regulation (EU) 2022/612. Moldova has 
implemented this article in its primary legislation.  

Articles 20 and 21 do not lay down any obligations on the Member States and are exempted 
from approximation.  

Article 22 
Moldovan primary legislation determines the Agency, ANRCETI, as the sole national authority 
in Moldova for carrying out tasks derived from the incorporation of Regulation (EU) 2022/612.  

Article  23  does  not  lay  down  any  obligations  on  the  Member  States  and  is  exempted  from 
approximation.  

Article 24  
The Moldovan primary roaming law lays down that the law will enter into force on the date 
established  by  the  Republic  of  Moldova  and  the  European  Union  by  the  Decision  of  the 
Republic of Moldova  -  European  Union Association Council  for further  market  opening  for 
roaming on public mobile communications network. This is with the exception of Article 11, 
which contains the empowerment for the national regulatory authority to issue secondary laws, 
and which enters into force on the date of publication of the law.  

Implementing Regulation (EU) 2016/2286 

Moldova incorporated the relevant provisions of Implementing Regulation (EU) 2016/2286 by 
the following secondary legal act, as laid down in the primary law:  

•  Administrative  board  decision  of  the  National  Regulatory Agency  for  Electronic 
Communications and Information Technology No 17 of 2 June  2025 laying down 
detailed rules on the application of the fair use policy and regarding the methodology 
for assessing the sustainability of providing retail roaming services at domestic retail 
prices, as well as regarding the application to be submitted by the roaming service 
provider for the purpose of that assessment24 

According to the primary law, the Agency, ANRCETI, is the sole national authority in Moldova 
responsible  for  monitoring  and  enforcing  the  rules  deriving  from  the  incorporation  of 
Implementing Regulation (EU) 2016/2286.  

24  

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Findings by article 

Article 1 
The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented in its secondary legislation the subject matter and scope of this Regulation.  

Article 2 
The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented in its secondary legislation all definitions contained in this article.  

With  regard  to  definition  a,  for  clarity  and  in  accordance  with  Moldovan  national  law,  the 
Moldovan secondary law transposing this provision includes an adaptation with regard to the 
term ‘full-time recurring courses of study’. While the term used in Moldovan law is not identical 
to the one used in the Romanian version of the EU law, it does accurately correspond to the 
English  version.  The  Romanian  language  version  of  the  EU  law  uses  the  term  ‘daytime 
education’ (la zi) while the Moldovan law transposes  that terms  as  ‘full-time education’ (cu 
frecvență), which is also the term otherwise used in the Moldovan national education code.   

With regard to  definition e the Moldovan law  includes an adaptation  of the reference to  the 
regulated roaming area.  

With  regard  to  definition  g,  the  Moldovan  law  includes  an  adaptation,  defining  this  term  in 
accordance with Moldovan competition Law No 183/2012. While the definition does not use 
the same wording, in substance the Moldovan adaptations is aligned with the EU definition.  

Article 3 
The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented in its secondary legislation the basic principles of the roaming fair use policy.  

Article 4 
The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented in its secondary legislation the specific rules of the fair use policy.  

With regard to  Moldova’s  incorporation of paragraph  6 of this article, the language is  more 
general and refers to legislation in the field of personal data in general. While this wording is 
more general than the EU law, in substance the provision is aligned with EU law as Moldova 
may have national laws in this regard. The compliance of those laws would need to be assessed 
accordingly, if and where relevant.  

Article 5 
The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented in its secondary legislation the transparency requirements roaming providers must 
observe in relation to their customers subject to the roaming fair use policy.  

Article 6 

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The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented  in  its  secondary  legislation  the  set  of  data  that  any  applicant  for  a  roaming 
sustainability  derogation  must  present  to  the  competent  national  regulatory  authority.  In 
Moldova’s  case,  the  Agency,  ANRCETI,  is  the  sole  national  authority  entrusted  to  assess 
requests for and to grant roaming sustainability derogations. 

With regard to point a, the Moldovan secondary law includes an adaptation of the date of the 
applicable regulated retail price. The date has been adapted to the relevant date of entry into 
force of this secondary law in Moldova.  

Article 7 
The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented  in  its  secondary  legislation  the  relevant  cost  elements  affecting  the  wholesale 
roaming access component of applicants for a roaming sustainability derogation. 

For legal clarity the Moldovan law also includes some of the terminology in English, to ensure 
alignment and compliance with the EU law.   

Article 8 
The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented in its secondary legislation the relevant cost elements affecting the retail roaming 
component of applicants for a roaming sustainability derogation.  

For legal clarity the Moldovan law also includes some of the terminology in English, to ensure 
alignment and compliance with EU law.  

Article 9 
The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented  in  its  secondary  legislation  the  relevant  revenue  elements  affecting  the  retail 
roaming component of applicants for a roaming sustainability derogation.  

An adaptation is made with regard to paragraph 2(b), where, for the sake of clarity and accuracy, 
the Moldovan secondary legislation adds an explicit reference to ‘alternative tariffs’, which is 
fully aligned with the English language version of the EU law but not the Romanian language 
version.  

Article 10 
The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented in its secondary legislation  the application assessment rules which the national 
regulatory authority must observe.  

With regard to the paragraph 2(a), the definition of ’group’ used in Moldova’s incorporation of 
this article is aligned with the definition used in the primary law incorporating the Roaming 
Regulation ((EU) 2022/612). As explained in the previous section, that definition, even if it is 
not transposed word by word, is aligned with EU law and already exists as the definition of that 
term in Moldovan national competition law.  

Article 11 

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The incorporation of this article is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented in its secondary legislation the specific monitoring rules of the fair use policy and 
the  sustainability  mechanism,  by  requiring  the  national  regulatory  authority  to  collect 
information about any action taken to supervise the application of the fair use policy, about the 
number of applications for sustainability derogations, broken down into applications submitted 
and  applications  granted,  as  well  as  about  the  negative  roaming  retail  net  margin  in  the 
applications for sustainability derogations.  

Article  12  does  not  lay  down  any  obligations  on  Member  States  and  is  exempted  from 
approximation.  

Article 13  
The Moldovan secondary law lays down that it will enter into force on the date of entry into 
force  of  Law  No  81/2025  on  the  regulation  of  roaming  services  between  the  Republic  of 
Moldova and the Member States of the European Union. 

Annex I  
The incorporation of this annex is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented in its secondary legislation the volume calculation formula.  

Annex II 
The incorporation of this annex is in conformity with Regulation (EU) 2016/2286. Moldova 
implemented in its secondary legislation the weight, traffic, and revenues calculation formulas. 

Delegated Regulation (EU) 2021/654 

Moldova incorporated the relevant provisions of Delegated Regulation (EU) 2021/654 by Law 
No 72/2025 on Electronic Communications .    

According to the above-mentioned legislation, the national regulatory authority, ANRCETI, is 
the  sole  national  authority  in  Moldova  responsible  for  monitoring  and  enforcing  the  rules 
deriving from the approximation of Delegated Regulation (EU) 2021/654.  

Findings by article 

Article 1 
Moldova implemented in its legislation paragraph 1 by prohibiting its operators from exceeding 
the  single  maximum  European  Union-wide  mobile  voice  termination  rate  and  the  single 
maximum European Union-wide fixed voice termination rate, in accordance with the specific 
adaptation laid down in Annex XXVIII-B to the Agreement.  

According  to  Annex  XXVIII-B  to  the  Agreement,  paragraph  2  is  exempted  from  the 
incorporation process. 

Moldova implemented in its legislation paragraph 3 by determining the application scope of the 
regulated fixed and mobile termination rates to calls originated from and terminated to national, 
European Union and European Economic Area numbers.   

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Moldova implemented in its legislation paragraph 4 by extending the application scope of the 
regulated  fixed  and  mobile  termination  rates  to  calls  originated  from  third-country  numbers 
under the condition of: (i) reciprocity or (ii) following an application request by a third country, 
of the compliance determination by the European Commission of the same termination rate-
setting principles as in the European Union in the concerned third country.        

Moldova implemented in its legislation paragraph 5 as regards the time unit for termination 
rates charging.  

Article 2 
Moldova implemented in its primary legislation all definitions contained in this article.  

Article 3 
Moldova implemented in its legislation paragraph 1 by prohibiting its operators from exceeding 
the  single  maximum  European  Union-wide  mobile  voice  termination  rate  and  the  single 
maximum European Union-wide fixed voice termination rate in accordance with the specific 
adaptation laid down in Annex XXVIII-B to the Agreement.  

Moldova implemented paragraph 2 and 3 by setting the currency conversion rules where the 
termination  rates  are  billed  in  the  national  currency.  The  reference  period  for  the  currency 
conversion is the first day of each month in the quarter between September and November of 
the preceding year. This is equally valid for the first currency conversion, in accordance with 
the specific adaptation laid down in Annex XXVIII-B to the Agreement.    

Article 4 
Moldova implemented in its legislation paragraph 1 by prohibiting its operators from exceeding 
the  single  maximum  European  Union-wide  mobile  voice  termination  rate  and  the  single 
maximum European Union-wide fixed voice termination rate in accordance with the specific 
adaptation laid down in Annex XXVIII-B to the Agreement.  

According  to Annex  XXVIII-B  to  the Agreement,  paragraphs  2  to  5  are  exempted  from  the 
incorporation process. 

Article 5 
Moldova implemented in its legislation paragraph 1 by prohibiting its operators from exceeding 
the  single  maximum  European  Union-wide  mobile  voice  termination  rate  and  the  single 
maximum European Union-wide fixed voice termination rate in accordance with the specific 
adaptation laid down in Annex XXVIII-B to the Agreement.  

According Annex XXVIII-B to the Agreement, paragraph 2 is exempted from the incorporation 
process. 

Regulation (EU) 2018/1971  

Moldova  incorporated  the  relevant  provisions  of  Regulation  (EU)  2018/1971  by  Law  No 
72/2025 on Electronic Communications.    

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According  to  the  above-mentioned  legislation,  ANRCETI  is  the  sole  national  regulatory 
authority in  Moldova within the meaning  of Directive (EU) 2018/1972  to which Regulation 
(EU) 2018/1971 refers. 

Findings by article 

Article 3 
According  to Annex  XXVIII-B  to  the Agreement,  paragraphs  1  to  4  are  exempted  from  the 
incorporation process. 

Moldova implemented in its primary and secondary legislation paragraph 5 by ensuring  that 
ANRCETI can participate in the work of BEREC organisational bodies of. 

Paragraph  6  does  not  require  incorporation  since,  according  to  Moldova’s  mentioned 
legislation, ANRCETI is the sole national regulatory authority in Moldova within the meaning 
of Directive (EU) 2018/1972.  

Article 4 
According  to Annex  XXVIII-B  to  the Agreement,  paragraphs  1  to  3  are  exempted  from  the 
incorporation process. 

Moldova implemented in its legislation paragraph 4 by mandating ANRCETI to take the utmost 
account of any guidelines, opinions, recommendations, common positions, and best practices 
adopted by BEREC. Moreover, ANRCETI must provide reasons if it deviates from guidelines 
issued by BEREC.   

According  to Annex  XXVIII-B  to  the Agreement,  paragraphs  5  to  7  are  exempted  from  the 
incorporation process. 

Article 7 
Moldova implemented in its legislation paragraphs 1 to 3 by setting the appropriate framework 
for Moldova to participate, without voting rights, in BEREC’s Board of Regulators. Given that 
ANRCETI  is  a  collegial  body,  its  chairperson  or  another  member  is  appointed  to  BEREC’s 
Board of Regulators.  

According to Annex XXVIII-B to the Agreement, paragraphs 4 and 5 are exempted from the 
incorporation process. 

Article 8 
Moldova  implemented  in  its  legislation  the  independence  standard  that  Moldova’s 
representative on BEREC’s Board of Regulators must comply with.   

Article 11 
According  to Annex  XXVIII-B  to  the Agreement,  paragraphs  1  to  4  are  exempted  from  the 
incorporation process. 

Moldova  implemented  in  its  legislation  paragraph  5  by  making  it  possible  for  Moldova’s 
representative on BEREC’s Board of Regulators to be assisted by advisers or other experts.  

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According  to  Annex  XXVIII-B  to  the  Agreement,  paragraph  6  is  exempted  from  the 
approximation process. 

Article 12 
Moldova implemented in its legislation paragraph 2.  

According to Annex XXVIII-B to the Agreement, paragraphs 1 and 3 are exempted from the 
incorporation process. 

Article 15 
Moldova implemented in its legislation paragraphs 1 to 3 by setting the appropriate framework 
for  ANRCETI  to  participate  in  the  Management  Board  of  BEREC  Office.  In  principle, 
ANRCETI’s  chairperson  or  another  ANRCETI  member  is  appointed  to  BEREC  Office’s 
Management Board, with the possibility of appointing an alternate from ANRCETI’s staff. Any 
ANRCETI  representative  on  BEREC  Office’s  Management  Board  must  observe  the 
independence requirements.    

According  to  Annex  XXVIII-B  to  the  Agreement,  paragraph  4  is  exempted  from  the 
incorporation process. 

Article 18 
According  to Annex  XXVIII-B  to  the Agreement,  paragraphs  1  to  4  are  exempted  from  the 
incorporation process. 

Moldova  implemented  in  its  legislation  paragraph  5  by  making  it  possible  for ANRCETI’s 
representative  on  BEREC  Office’s  Management  Board  to  be  assisted  by  advisers  or  other 
experts.  

According  to  Annex  XXVIII-B  to  the  Agreement,  paragraph  6  is  exempted  from  the 
incorporation process. 

Article 38 
According  to  Annex  XXVIII-B  to  the  Agreement,  paragraph  1  is  exempted  from  the 
incorporation process. 

Moldova implemented in its legislation paragraph 2 by mandating all representatives in BEREC 
and in the BEREC Office to comply with the confidentiality requirements, including after their 
duties’ cease. 

According  to  Annex  XXVIII-B  to  the  Agreement,  paragraph  3  is  exempted  from  the 
incorporation process. 

Article 40 
Moldova implemented in its legislation paragraphs 1, 2, 4, and 5 by setting up the information 
exchange framework between BEREC or the BEREC Office, on the one side, and ANRCETI 
or  other  responsible  authorities  in  Moldova,  on  the  other  side. According  to  the  legislation, 
authorities in  Moldova  must reply  to  any  reasoned information  request  from  BEREC or the 

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BEREC  Office.  ANRCETI  has  the  legal  power  to  request  at  national  level  all  necessary 
information  for  the  performance  of  any  (regulatory)  task  of  its  own,  or  for  BEREC  or  the 
BEREC Office to carry out their tasks. In the event of non-compliance, the obliged subjects 
may face legal consequences in the form of financial penalties.  

According  to  Annex  XXVIII-B  to  the  Agreement,  paragraph  3  is  exempted  from  the 
incorporation process. 

Article 42 
Moldova implemented in its legislation paragraphs 1 and 2 by requiring all representatives in 
BEREC and in the BEREC Office to comply with all requirements to avoid conflict of interest, 
including by filling in declarations in this respect and, where appropriate, abstaining from the 
decision-forming and decision-making processes. 

According  to  Annex  XXVIII-B  to  the  Agreement,  paragraph  3  is  exempted  from  the 
incorporation process. 

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Moldova’s capacity to implement and enforce the EU roaming acquis 

In  addition  to  the  detailed  assessment  of  text  conformity  above,  Moldova’s  capacity  to 
implement and enforce the EU roaming acquis has also been assessed. Moldova’s capacity to 
implement  and enforce  the EU roaming  acquis  is  an essential factor in  the decision-making 
process as regards the further market opening for the roaming sector25.  

To start with, all relevant provisions presented by Moldova in its transposition tables come from 
legislation that has been adopted and officially published pursuant to Moldova’s internal legal 
procedure, enabling all roaming market participants, including roaming customers, to be aware 
of it. Some  of Moldova’s legal  provisions26  come  into effect  on the date set by the  EU  and 
Moldova in the decision of the Association Council on mutually granting the market opening 
with respect to the sector of roaming on public mobile communications networks, in accordance 
with Article  452(2)  of  the Agreement.  This  does  not  affect  Moldova’s  implementation  and 
enforcement  capacity.  On  the  date  in  question  those  legal  provisions  will  come  into  effect 
automatically, without any additional formality. More relevant are Moldova’s legal provisions 
coming  into  effect  on  1  January  202627.  Since  these  provisions  are  effectively  meant  to 
transpose parts of the EU roaming acquis, the EU and Moldova cannot agree on further market 
opening  with  respect  to  the  sector  of  roaming  on  public  mobile  communications  networks 
before 1 January 2026.       

As regards Moldova’s  implementation  and enforcement  capacity of the  EU roaming  acquis, 
several relevant aspects have been considered.  

The first aspects concerns designating an authority in Moldova responsible for monitoring all 
roaming-relevant rules and enforcing these rules  in the event of non-compliance. Moldova’s 
legislation28  designated  ANRCETI  to  fulfil  these  tasks.  ANRCETI’s  internal  structure29 
contains  a  dedicated  unit  tasked  with  ensuring  the  general  supervision  of  compliance  with 
legislation, as well as  a dedicated unit to handle end users’ complaints. The total number of 
ANRCETI staff seems adequate for the country’s size and population30, while a large proportion 
of them have higher education qualifications31. Moreover, ANRCETI’s staff seems have good 
range  of  academic  specialisations32.  All 
the 
implementation of roaming rules.     

these  elements  represent  a  guarantee 

The  second  aspect  concerns  ANRCETI’s  legal  ability  to  carry  out  the  monitoring  and 
enforcement tasks it has been entrusted. As previously mentioned, the legislation of Moldova 
empowered  ANRCETI  to  monitor  compliance  with  roaming-relevant  rules.  Moreover,  the 
legislation of Moldova empowered ANRCETI to investigate any reasonable indication of non-

25            In accordance with Article 409(2), Article 451(1) and Article 452(1) of the Agreement.   
26            This concerns Article 61(4)b), Article 97, Article 98, Article 105 and Article 108 of Moldova’s Law No. 
72/2025, the provisions of Moldova’s Law No. 81/2025, as well as of ANCERTI’s Decisions No. 16/2025 
and 17/2025.  

27            This concerns many provisions of Moldova’s Law No. 72/2025.   
28            In particular, Article 11 and Article 13 of Moldova’s Law No. 81/2025.  
29            https://ro.anrceti.md/organigrama  
30  

Report 

staff, 

102 
https://ro.anrceti.md/files/filefield/Raportul%20ANRCETI%202024.pdf (page 50 and 51). 

according  ANRCETI’s  Annual 

2024, 

for 

available 

here:  

31           Around 87% of the staff hold higher education. 
32           Around 50% of the staff have a technical formation, around 19% economic formation, around 13% legal 

formation, and around 3% have a formation in other social sciences.   

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compliance, including  by acting on its own initiative33, and to  apply  financial penalties34  or 
other remedial measures (e.g. discontinuing a non-compliant retail roaming surcharge35), in the 
event  of  proven  non-compliance.  In  addition,  in  the  event  of  disputes  between  roaming 
undertakings  or  between  roaming  undertakings  and  roaming  customers,  ANRCETI  is 
empowered to settle these disputes in an out-of-court procedure.36   

The third aspect concerns the effectiveness of the sanction regime in  Moldova coupled with 
undertakings’ right of appeal before a court. The current level of financial penalties set out in 
Moldova’s  legislation  for  breaching  roaming-relevant  rules37  may  be  deemed  as  reasonably 
adequate  for  Moldova’s  situation,  fulfilling  therefore  their  dissuasive  role.  In  any  event, 
according to the legislation of Moldova38, undertakings have the right to appeal before a court 
against  decisions  imposing  penalties.  Moldova’s  legislation39  provides  that  ANRCETI’s 
decisions, including those imposing penalties, remain valid in the event of an appeal before a 
court, unless the national judge decides otherwise.  

The  fourth  aspect  concerns ANRCETI’s  participation  in  BEREC’s  monitoring  system.  This 
monitoring  system,  set  up  in  accordance  with Article  21(2)  of  Regulation  (EU)  2022/612, 
involves  BEREC  collecting,  on  a  regular  basis,  relevant  information  regarding  the 
implementation of roaming rules, including about the application of wholesale charges, the fair 
use  policy,  sustainability  mechanism,  quality  of  service  obligations  and  transparency 
requirements. The legislation of Moldova40 mandates ANRCETI to cooperate with BEREC and 
participate in  BEREC’s  activities, including  by collecting information  from  undertakings, at 
BEREC’s request, and by providing to BEREC the documents requested and the information 
necessary  for  BEREC  to  carry  out  its  tasks.  According  to  the  legislation  of  Moldova, 
undertakings must provide the documents and information requested within the specified time 
limit and with the required level of detail41, subject to financial penalties in the event of non-
compliance, including as regards incorrect reporting.42  

All these aspects have led to the conclusion that Moldova is reasonably equipped, in terms of 
ANRCETI’s personnel, the legal empowerment and competence allocated to ANRCETI, and 
ANRCETI’s  level  of  cooperation  within  the  BEREC  system  framework,  to  implement  and 
enforce all Union roaming-relevant rules.  

33           Article 11(7) of Moldova’s Law No. 81/2025. 
34           Article 13 of Moldova’s Law No. 81/2025. 
35           Article 5(6) and Article 6(8) of Moldova’s Law No. 81/2025. 
36           Article 12 of Moldova’s Law No. 81/2025. 
37           Article 34(1), (21) (a), (22) and (23) of Moldova’s Contravention Code No. 218/2008.  
38           Article 36 of Moldova’s Law No. 72/2025.  
39           Article 36(2) of Moldova’s Law No. 72/2025.   
40            Article 5(3), Article 7(3) and (6)(b), Article 15, Article 25(1)(d) and (8), and Article 27(13) of Moldova’s 

Law No. 72/2025.   

41           Article 25(6) of Moldova’s Law No. 72/2025.   
42           Article 34(1) of Moldova’s Law No. 72/2025.  

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