Association Agreement and approximation of national legislation to EU law

Since 2022, significant legislative changes have been taking place in Ukraine aimed at approximating the national legislation to the EU acquis in the areas of electronic communications, radio spectrum and postal services, as stipulated by the EU-Ukraine Association Agreement.

In early 2022, new sectoral legislation in the areas of electronic communications and radio frequency spectrum entered into force, harmonizing national legislation with EU norms by implementing, among other things, the provisions of the European Electronic Communications Code (Directive (EU) 2018/1972), more particularly:

the Law of Ukraine “On Electronic Communications” (Law on EC), which defines the legal and organizational foundations of state policy in the areas of electronic communications and radio frequency spectrum, as well as the rights, obligations and responsibilities of individuals and legal entities participating in relevant activities or using electronic communication services.

the Law of Ukraine “On the National Commission for State Regulation of Electronic Communications, Radio Frequency Spectrum and the Provision of Postal Services” (Law on the Regulator), which is closely interconnected with the Law on EC and determines the legal status of the regulatory authority in the areas of electronic communications, radio frequency spectrum and provision of postal services, its tasks, functions, powers and the procedure for their implementation, guarantees of independence.

To implement the above-mentioned laws in practice, approximately 90 regulatory legal acts have been developed and adopted during 2022-2025. The relevant acts, i.a., address the following matters:

• imposition of regulatory obligations on providers of electronic communications networks/services (ECN/ECS) with significant market power in wholesale and/or retail markets, their amendment and withdrawal;
• methodology for conducting and updating geographical surveys;
• monitoring the quality of ECS;
• providing access to ECN cable ducts;
• allocation, use and accounting of ECN numbering resources for public use;
• implementation of radio frequency monitoring in public radio frequency bands, as well as identification, elimination and/or termination of radio interference and establishment of interaction between competent authorities on the relevant issue;
• access to ECN cable duct infrastructure and the physical infrastructure of electronic communications for the deployment of high-speed networks;
• testing the parameters of ECN and the quality of ECS;
• submission of appeals by consumers and settlement of disputes;
• provision of the number portability services;
• use of radio equipment and radio-emitting devices by general users of the radio frequency spectrum;
• roaming in public mobile communication networks;
• publication of information on the quality of ECS;
• measurement of QoS parameters and calculation of QoS indicators for mobile communication services;
• calculation of fines for violation of legislation on electronic communications and the radio frequency spectrum;
• calculation of the cost of settlement fees for traffic termination services (LRIC model for operators of fixed or mobile communications).

Also, to ensure protection of the legitimate interests of consumers and provide them with universal ECS, the quality parameters for the provision of universal ECS of voice electronic communications at a fixed location, indicators and levels thereof, and indicators for determining the universal broadband Internet access service at a fixed location were approved.

Additionally, the NCEC ensured the transposition of the EU roaming acquis, necessary for Ukraine’s joining the EU roaming area “Roaming Like at Home”.

Appendix XVII-3 of Annex XVII to the Association Agreement also includes EU acquis on radio spectrum policy. The use of most of the relevant radio frequency bands has already been harmonized by the Resolution of the Cabinet of Ministers of Ukraine dated 19.12.2023 No. 1340 “On Approval of the Plan for the Allocation and Use of the Radio Frequency Spectrum in Ukraine” (RFS Plan).

The RFS Plan accounts for the world radio technology development trends, includes new spectrum allocations for various types of radio communications, and harmonizes the spectrum allocation in Ukraine with the EU to the utmost extent possible. The approval of the RFS Plan allowed for the issuing of new spectrum licenses to electronic communications operators for the development of new networks, the launch of new radio technologies, and the improvement of the quality of services provided to subscribers.

The adoption of the RFS Plan ensures the harmonization of the spectrum use in Ukraine with the EU (as per Commission Decision 676/2002/EC), in particular for the implementation of 4G and 5G international mobile communications (IMC) in Ukraine, harmonizes the use of IMC in the 2100 MHz and 2600 MHz (TDD) bands in accordance with Commission Implementing Decision 2012/688/EU (updated) and Commission Implementing Decision 2008/477/EC.

In addition, to ensure the use of the harmonized bands, regulatory legal acts were approved on the following matters:

• conducting competition or auction for spectrum licenses;
• spectrum license fees;
• approval of the list of designated bodies assessing the conformity of radio equipment and radio-emitting devices;
• assessment of the ability of users of radio frequency systems to fulfill the terms of licenses;
• criteria for determining general use bands and radio technologies for which the rights to use radio frequency systems are transferred;
• regulation of amateur radio communications in Ukraine;
• assessment of criteria for extending the term of a spectrum license;
• criteria for the start of use and full development of the radio frequency spectrum;
• accumulation of spectrum intended for exclusive use (“L01” licensing) for mobile radio technologies in various radio frequency ranges (ensuring effective competition and preventing distortion thereof);
• deployment of low-power base stations, etc.

The adoption of new sectoral legislation in the fields of electronic communications and radio frequency spectrum, as well as its practical application, is an important step towards Ukraine’s integration into the EU Digital Single Market.

In May 2023, the Law of Ukraine “On Postal Services” implementing the provisions of Directive 97/67/EC and defining the legal framework for activities in the field of postal services, in particular the powers of central executive bodies and the national regulator in the field of postal services – the NCEC, the rights and obligations of postal operators and users of these services, regulating the principles of liability of postal operators and users of services in this area, was put into effect.

To implement the Law on Postal Services, the NCEC, together with other competent government authorities, has ensured the development and adoption of regulatory legal acts, including on:

• maintaining a Unified state register of postal operators;
• rules for the provision of postal services, in particular the quality of such services;
• submission of reporting and information by postal operators;
• rules on tariff principles and transparency of accounts for the provision of universal postal services;
• maximum prices (tariffs) for certain postal services.

Although the progress reports on Ukraine under the EU Enlargement policy for 2023 and 2024 noted a good level of progress in the relevant areas during the assessment period, including an average-good level of preparation in the context of the start of EU accession negotiations in the field of digital transformation, the relevant reports also contain recommendations on priority aspects for further approximation of the Ukrainian legislation to the EU law.