EUROPEAN COMMISSION

Brussels, 25.2.2026

COM(2026) 79 final

Recommendation for a

COUNCIL DECISION

authorising the opening of negotiations on individual agreements between the European Union and Republic of Albania, Bosnia and Herzegovina, KosovoFMT:Style
footnote reference,Superscript,Style*
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This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence./FMT:FN, Montenegro, the Republic of North Macedonia and the Republic of Serbia on roaming on public mobile communications networks

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE RECOMMENDATION

•Reasons for and objectives of the recommendation

The roaming policy is a European success story, enabling millions of consumers and businesses in the EU to stay connected in their daily life without surcharges in the digital single market. Since 15 June 2017, EU residents have access to mobile services (voice, SMS and data) at no extra costs when travelling periodically in the EU. The Roaming Regulation (EU) 2022/612 also notes that roaming charges with third countries remain high. The EU roaming area already extends to the European Economic Area (EEA) and was extended to Ukraine and Moldova as of 1 January 2026. Both Ukraine and Moldova have successfully approximated their domestic legal systems to the EU roaming acquis 1 .

The six Western Balkan partners 2 (WB6) established a regional Roam Like at Home area effectively replicating the EU Roam Like at Home regime as of 1 July 2021. Furthermore, in December 2022, the EU and WB6 operators signed a voluntary roaming agreement for lower retail data roaming charges between the EU and WB6, which began its application on 1 October 2023.

The EU has close links with its WB6 partners that also have a European integration perspective, which is integrated into the respective bilateral Stabilisation and Association Agreements (SAAs) 3 . Five of the six WB6 partners have candidate status, while Kosovo 4* is a potential candidate.

The SAAs aim to open up trade and align the region with EU standards. They provide the overall framework for the relations of the EU with the Western Balkans partners. The six SAAs contain an obligation to strengthen cooperation in the area of electronic communications networks and associated services 5 , with the ultimate objective of the respective WB6 partners’ adoption of the EU acquis in these sectors. However, the SAAs do not provide a reliable legal basis to extend EU roaming area to the WB6 partners. Therefore, it is recommended that the EU concludes a sectoral agreement on roaming with each of the six WB partners, that would provide the framework and conditions for the reciprocal opening of the Parties’ markets with respect to the sector of roaming on public mobile communications networks. The recommended agreements should be anchored into the existing SAAs’ framework.

The opening should notably be conditioned on the full implementation of the EU roaming acquis, which would need to be confirmed through a positive comprehensive assessment by the Union to be conducted by the Commission. Once a positive assessment has been made with respect to a WB6 partner, the responsible Joint Body under the agreements would be empowered to decide on the reciprocal opening. The agreements should also include an obligation for the WB6 to maintain dynamic alignment with the EU roaming acquis as it evolves in the future following the eventual extension of the EU roaming area and provide for the possibility, conditions and procedure for the Union to suspend the benefits under the roaming agreements, notably in case of failure by a WB6 partner to comply with its obligation to implement the relevant EU acquis incorporated in the agreement. To this end, there should be the possibility for the Commission to bring infringement proceedings modelled upon Article 258 TFEU. Where a WB6 does not comply with a ruling of the CJEU, the Commission should be empowered to suspend parts of the agreement without further requirements.

The agreements should also provide for an institutional framework and safeguards modelled upon the EU Treaties to protect the autonomy and uniform interpretation of the EU roaming acquis and to put the Union in a position effectively to react in case of non-compliance. The willingness and readiness of the WB6 to incorporate key EU law mechanisms into their legal orders will enable them to demonstrate their preparedness to assume the responsibilities of EU membership.

Each of the WB6 partners should ensure that EU legal acts specified in the agreements have the same legal effects as they have in the legal order of a Member State pursuant to Article 288 TFEU and the case-law of the Court of Justice. Where the acts in question create rights and obligations that individuals can invoke before national courts of Member States without the need for further implementation by a Member State, such provisions should also create rights and obligations that individuals can invoke before the national courts of each of the Union’s partners without the need for further implementation.

The agreements should be concluded for an indefinite period. They should contain robust mechanisms on suspension and termination. These should lay down the conditions and procedures under which the Union may suspend, in whole or in part, the application of the Agreements, as well as the procedure and notice periods for terminating the Agreements.

This recommendation is also in line with the Growth Plan for the Western Balkans, 6 adopted by the Commission in November 2023. The new Growth Plan provides for gradually integrating the region into specific areas of the EU single market, subject to progress in regional economic integration and alignment with the relevant EU acquis, as well as setting up sufficient administrative capacities and procedures.

•Consistency with existing policy provisions in the policy area

The EU has already extended the EU roaming area to countries within the EEA and to some candidate countries.

The commitments regarding roaming in the WB6 have been expressed already by

Commissioner Gabriel under the Digital Agenda for the Western Balkans in 2018, as one of the six flagship initiatives of engagement objectives in the Commission’s Communication on a credible enlargement perspective for and enhanced EU engagement with the Western Balkans. In 2023, the Commission adopted the Growth Plan for Western Balkans that created a package of mutually reinforcing measures, which added further opportunities for the WB6 partners to benefit from internal market treatment before becoming EU members. Under the Growth Plan the EU committed to providing legal certainty for end-users and operators by finding a legal solution for a long-term roaming arrangement to include the Western Balkans in the EU Roam Like at Home area, fully respecting the European Union’s international trade commitments. This was reaffirmed in the December 2024 EU - Western Balkans Summit, where the leaders called for further efforts to develop a long-term roaming arrangement that would include the region in the EU’s Roam Like at Home area.

More recently in June 2025, the European Council 7  concluded to advancing the gradual integration between the EU and the region, during the enlargement process and in a merit-based manner. It is therefore important to accelerate the process and take concrete steps towards delivering on these political commitments by way of negotiating the sectoral agreements. The sectoral agreements will enable the EU citizens and citizens of WB6 to benefit from roaming when travelling in the extended Roam Like at Home area.

•Consistency with other Union policies

Common commercial policy:

This recommendation implements the Union’s common commercial policy towards WB6 partners and candidate countries, building upon the provisions of the above-mentioned SAAs. It supports gradual regulatory alignment to the Union acquis as set out in the SAAs and is consistent with the objective of granting enhanced access to the EU Single Market, as set out in the Growth Plan for the Western Balkans.

EU enlargement:

Enlargement remains a key policy of the European Union, which contributes to long term security, peace, stability and prosperity in Europe. The process of enlargement gained new momentum throughout 2023 and 2024. Russia’s war of aggression against Ukraine highlighted the need to bring the WB6 closer to the EU and to accelerate their accession process. Currently five countries of WB6 have a status of candidate country, while Kosovo has a status of a potential candidate.

The accession of WB6 can be accelerated through EU-related reforms in the WB6 partners, and through the opportunity to bring forward some of the EU membership benefits, that can be felt by the citizens of WB6. To accelerate the speed of the enlargement process, EU is enabling the partners to step up their reforms and investments, and their alignment with the EU acquis. If done correctly, the partners and their citizens should be in a position to benefit from gradual integration ahead of EU accession. Gradual integration is an integral part of the accession path and is meant to accelerate the accession of candidate countries which are fully committed to this objective and smoothen their integration with the EU’s internal market. The recommended sectoral agreements are subject to termination, in accordance with international law.

Respect for democratic principles, human rights and fundamental freedoms, and respect for the principles of the rule of law are essential elements of these agreements as specified in the provisions of the respective SAAs 8 .

Considering the significant importance of the geostrategic environment, which has been and remains a catalyst for accession in today’s global context, the Commission notes the importance of the WB6’ progress in areas of high relevance to the geostrategic objectives of the EU, in particular alignment with the EU Common Foreign and Security Policy (CFSP) and with other core objectives related to the EU policies on telecommunications, as well as other areas linked to the fundamentals of the accession process.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Procedural legal basis

•Substantive legal basis

•The choice of negotiator

Given that the agreement envisaged exclusively covers matters other than the common foreign and security policy, the Commission must be designated as the negotiator pursuant to Article 218(3) TFEU.

•Union competence

•Subsidiarity (for non-exclusive competence)

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Impact assessment

Impact Assessments were not needed for the similar process with Ukraine and Moldova that jointly make up a market of approximately 40 million end users. The WB6 markets make up approximately 18 million end users. Integration of the WB6 into the EU single market is a gradual step of the WB6 accession path. Sectoral agreements have been identified as the viable legal solution, that would allow for this integration.

4.BUDGETARY IMPLICATIONS

The recommendation has no budgetary implications.

Recommendation for a

COUNCIL DECISION

authorising the opening of negotiations on individual agreements between the European Union and Republic of Albania, Bosnia and Herzegovina, Kosovo 9*, Montenegro, the Republic of North Macedonia and the Republic of Serbia on roaming on public mobile communications networks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(3) and (4) thereof,

Having regard to the recommendation from the European Commission,

Whereas negotiations should be opened with a view to concluding agreements between the European Union and the Republic of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, the Republic of North Macedonia and the Republic of Serbia, respectively on roaming on public mobile communications networks.

HAS ADOPTED THIS DECISION:

Article 1

The Commission is hereby authorised to open negotiations on behalf of the Union on agreements on roaming on public mobile communications networks with the Republic of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, the Republic of North Macedonia and the Republic of Serbia, respectively.

Article 2

 
The negotiations shall be conducted on the basis of the negotiating directives of the Council set out in the Addendum to this Decision.

Article 3

The Commission is hereby nominated as the Union negotiator.

Article 4

The negotiations shall be conducted in consultation with the Special Committee provided for in the third subparagraph of Article 207(3) TFEU.

Article 5

This Decision is addressed to the Commission.

Done at Brussels,

(1)    The extension of the EU roaming area to non-EU countries requires these countries to incorporate the so-called “EU roaming acquis” in their national law. The “EU roaming acquis” includes the Roaming Regulation (EU) 2022/612, Commission Implementing Regulation (EU) 2016/2286, Commission Delegated Regulation (EU) 2021/654, as well as certain provisions of the BEREC Regulation (EU) 2018/1971 and of the European Electronic Communications Code (EU) 2018/1972.

(2)    The Republic of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, the Republic of North Macedonia and the Republic of Serbia.

(3)    Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, OJ L 107 28.4.2009, p. 166- 502; Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part OJ L 084, 20. 03. 2004 p. 13-197 ; Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part OJ L 108, 29.4.2010, p. 3-354 ; Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part, OJ L 278 18.10.2013, p. 16-502 ; Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, OJ L 164, 30.6.2015, pp. 2–547 ; Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part, OJ L 71, 16.3.2016, p. 3– 321.

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

(5)    Article 104 of Stabilisation and Association Agreement with Republic of Albania; Article 95 of Stabilisation and Association Agreement with Republic of North Macedonia; Article 106 of Stabilisation and Association Agreement with Montenegro; Article 106 of Stabilisation and Association Agreement with Republic of Serbia; Article 104 of Stabilisation and Association Agreement with Bosnia and Herzegovina; Article 111 of Stabilisation and Association Agreement with Kosovo.

(6)    COM(2023) 691

(7)     https://www.consilium.europa.eu/en/meetings/european-council/2025/06/26/  

(8)    Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part - Protocols – Declarations, OJ L 107, 28.4.2009, pp. 166–502, Article 2; Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, OJ L 164, 30.6.2015, pp. 2–547, Article 2; Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo*, of the other part, OJ L 71, 16.3.2016, pp. 3–321, Article 3; 2010/224/, Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, OJ L 108, 29.4.2010, pp. 3–354, Article 2; Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (OJ L 084 20.3.2004, p. 13), Article 2; Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part OJ L 278, 18.10.2013, pp. 16–473, Article 2

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

EUROPEAN COMMISSION

Brussels, 25.2.2026

COM(2026) 79 final

ANNEX

to the

Recommendation for a Council Decision

authorising the opening of negotiations on individual agreements between the European Union and Republic of Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, the Republic of North Macedonia and the Republic of Serbia on roaming on public mobile communications networks

ANNEX

A. NATURE AND SCOPE OF THE AGREEMENTS

These negotiating directives are intended to guide the Commission in the negotiations aiming to conclude six bilateral roaming agreements between the EU and, respectively, the Republic of Albania, Bosnia and Herzegovina, Kosovo 1*, Montenegro, the Republic of North Macedonia and the Republic of Serbia (the “WB6”), which would provide the framework for integrating these countries in the EU Roam Like at Home area.

The EU relationship with the WB6 is currently governed by the respective Stabilisation and Association Agreements (SAAs). The SAAs focus on achieving the stabilisation in the region and preparing for possible future accession. They provide for each WB6 partners’ progressive alignment of its laws to the EU acquis and by liberalising trade between the EU and the WB6. This includes the strengthening of cooperation in the area of electronic communication services and WB6’s alignment with the EU acquis. Although the objectives and commitments under the SAAs remain relevant, they need to be complemented with a legal framework which would make it possible to fulfil the broader liberalisation objectives and integrate the Republic of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, the Republic of North Macedonia and the Republic of Serbia in the EU Roam Like at Home area. Such a framework is not provided for under the SAAs as they stand.

In line with the accession process, the objectives of the Growth Plan and gradual integration in the internal market, the EU is offering the possibility of negotiating agreements with each of WB6 in the sector of roaming on public mobile communications networks. The recommended bilateral sectoral agreements would build upon and complement the existing SAAs with the Republic of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, the Republic of North Macedonia and the Republic of Serbia.

The offer to conclude a bilateral agreement will be made to those partners, who are clearly demonstrating that they are firmly committed to the accession path and progressing towards meeting the required conditions. Full compliance with the EU roaming acquis is a pre-condition for access to the EU RLAH area.

Democratic principles, human rights and fundamental freedoms, and upholding the rule of law are essential elements of the agreements.

The Commission notes that Common Foreign and Security Policy (CFSP) and upholding the rule of law are particularly important areas for the enlargement process.

B. RECOMMENDED CONTENT OF THE AGREEMENTS

Objectives and scope

The aim of the sectoral agreements will be to ensure that users of public mobile communication networks travelling between any particular WB6 partner and the EU do not pay excessive prices for roaming services. This will be done through reciprocal opening of the roaming market under the conditions set by the EU roaming rules.

The agreements will provide for the framework and conditions for the reciprocal opening of the Parties’ markets with respect to the sector of roaming on public mobile communications networks. The opening will notably be conditioned on the full implementation of the EU roaming acquis by WB6, which will need to be confirmed through a positive comprehensive assessment by the Union to be conducted by the Commission. Once a positive assessment has been made with respect to a WB6 partner, the responsible Joint Body under the Agreement will be empowered to decide on the reciprocal opening.

Regulatory alignment with the EU roaming acquis

The applicable provisions of the Union roaming acquis and any horizontal or specific adaptations thereto will be listed in an annex to the respective agreements. The agreements will contain the procedure to amend the list of the applicable roaming acquis and the rules for incorporation and implementation of the new or amended relevant EU acts.

The agreements will include an obligation for the WB6, respectively, to fully enact and completely and fully implement the EU roaming acquis before (as a precondition for) the extension of the EU roaming area and an obligation to maintain dynamic alignment with the EU roaming acquis as it evolves in the future following reciprocal market opening. The agreements will include the criteria and procedure for the comprehensive assessment of the state of implementation of the EU roaming acquis prior to an eventual decision by a Joint Body under the agreement to reciprocally open markets with respect to the roaming sector.

The agreements will include the criteria and procedure for the continuous monitoring and assessment of the implementation of the EU roaming acquis and the possibility, conditions and procedure for the Union to suspend the benefits under the roaming agreements in case of failure by a WB6 to comply with regulatory alignment obligations.

Enforcement

The agreements will provide for an institutional framework and safeguards modelled upon the EU Treaties to protect the autonomy and uniform interpretation of the EU roaming acquis and to put the Union in a position effectively to react in case of non-compliance. The willingness and readiness of the WB6 to incorporate key EU law mechanisms into their legal orders will enable them to demonstrate their preparedness to assume the responsibilities of EU membership.

Each of the WB6 partners will have to ensure that EU legal acts specified in the agreements have the same legal effects as they have in the legal order of a Member State pursuant to Article 288 TFEU and the case-law of the Court of Justice. Where the acts in question create rights and obligations that individuals can invoke before national courts of Member States without the need for further implementation by a Member State, such provisions will also have to also create rights and obligations that individuals can invoke before the national courts of each of the Union’s partners without the need for further implementation. Furthermore, the questions concerning the EU acts specified in the agreements, will be under the exclusive competence of the Court of Justice of the European Union.

The Agreements will include a reliable mechanism to ensure that legal acts amending the EU roaming acquis are dynamically incorporated into the agreement, thus ensuring a common legal framework at all times; The Court of Justice of the European Union will be the ultimate authority for interpreting the respective agreements and providing interpretations for national courts in WB6 when requested. The Court of Justice of the European Union will have exclusive jurisdiction to review the legality of decisions made by EU institutions under the respective agreements.

Interpretation

The agreements and EU roaming acquis will be interpreted in their implementation and application in line with the rulings and decisions of the Court of Justice.

Furthermore, if a question of interpretation arises before a national court or tribunal of a WB6 partner, regarding the agreements or the national acts adopted in pursuance thereof which are identical in substance to corresponding rules of the TFEU or to acts adopted pursuant to the TFEU, the national court or tribunal will have the possibility to ask the Court of Justice to decide on the question. When the national court or tribunal is one against whose decision there is no judicial remedy under national law, it will be required to make a referral to the Court of Justice.

Institutional framework

Without prejudice to the involvement of the Commission and the Court of Justice, the administration of the recommended agreements will be to the extent possible in the remit of the Stabilisation and Association Committee set up by the Stabilisation and Association Council of the SAAs, consisting of representatives of the EU and WB6.

Dispute settlement

The Agreements will set out the procedure for settlement of disputes between the parties concerning the application or interpretation of the Agreements. There will be the possibility for the Commission to bring infringement proceedings modelled upon Article 258 TFEU. Similarly, the WB6 will be able to bring a dispute regarding the application or interpretation of the respective agreement before the Court of Justice. The modalities according to which the Court of Justice rules on the disputes and questions of interpretation brought before it will be set out in an annex to the agreements.

Safeguards

Should a WB6 not comply with a ruling of the Court of Justice, the Commission will be empowered to suspend parts of the agreement without further requirements.

Relationships with Other Agreements

The recommended agreements will become an integral part of the overall relations between the Union and Republic of Albania, Bosnia and Herzegovina, Kosovo, Republic of North Macedonia, Montenegro and Republic of Serbia, as established by their respective SAAs, and should form part of a common institutional framework. They will constitute specific agreements, which will give effect to the trade provisions of the SAAs and together with the respective Free Trade Agreement will form a free trade area consistent with Article V of the GATS.

Termination of the Agreements

The Agreements will be concluded for an indefinite period. The Agreements will lay down the conditions and procedures under which the Union may suspend, in whole or in part, the application of the Agreements, as well as the procedure and notice periods for terminating the Agreements. 

This Decision is addressed to the Commission.

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