Preliminary assessment of the third payment request of Romania (2024)

ently of the number of base stations and decrease progressively in line with increase in use, with an incentive effect on the densification of networks (this is also stated in the explanatory note attached to the Decision, page 2, document xi). The Council Implementing Decision required that the recommendation shall be finalised in 2022. ANCOM Decision No. 645/2022 entered into force on 1 January 2023. Whilst this constitutes a minimal substantive deviation, the recommendation was finalised at the time of the assessment. 38 – Coordinated and targeted communication for informing and educating on 5G implementation Recommendation 38 of the EU Connectivity Toolbox invites Member States to use targeted communication including activities using various forms of information sharing ranging from websites and social media to traditional media like TV, radio, leaflets and billboards to provide evidence-based information to specific groups and to educate the wider public about 5G. The roadmap (document iii) required outreach actions on the benefits of 5G to continue and new elements to be published on the National Institute of Public Health’s website. A page on 5G technology has been set up on ANCOM’s website, providing information on the functioning of 5G technology (document xii). The website was accessed and checked by Commission services on 24 June 2024. In addition, the National Institute of Public Health’s website published an article about the effects of exposure to electromagnetic fields on its website (document xiii) to educate the wider public about 5G public health implications. According to the metadata of the page on 5G technology, the website was published in February 2021. According to the copyright tag at the bottom of the National Institute of Public Health’s website, the article was published in 2023. The Council Implementing Decision required this recommendation to be finalised in 2022. Romania finalised elements of this recommendation in 2021 and 2023. Whilst this constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, the recommendation was finalised at the time of the assessment at the time of the assessment. 39 – Inform the public on the compliance of Radio Base Stations installations with applicable EMF safe limits. Recommendation 39 of the EU Connectivity Toolbox encourages Member States to publish the results attained during the measurement of electromagnetic field (EMF) levels. The roadmap (document iii) required the website www.monitor-emf.ro, containing information on the electromagnetic field levels in Romania and comparing this to reference levels , to be promoted through dedicated press releases and posts on the Authority's social media channels. The website was promoted through dedicated press releases (document xiv) and a post on facebook (document xv). The dedicated press releases were published on 3 November 2022 and 18 May 2022 and a post on facebook was published on 17 January 2023. The Council Implementing Decision required this recommendation to be finalised in 2022. Romania finalised elements of this recommendation in 2022 and 2023. Whilst this constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, the recommendation was finalised at the time of the assessment. 2 – Provide model regulations on electronic communications network deployment Recommendation 2 of the EU Connectivity Toolbox calls for the provision of model provisions (regulations, plans, etc.) with regard to permit granting related to electronic communications network deployment addressed to competent authorities. The roadmap (document iii) required the adoption of technical regulations on the design and implementation of electronic communications networks and physical infrastructures by joint order of the Minister of Research, Innovation and Digitization (MCID), the Minister of Development, Public Works and Administration ( MDLPA) and the President of ANCOM. The roadmap indicates that "the text [of the technical regulation] should contain, either directly or by reference to a further document, detailed rules on the design and construction of various categories of infrastructure elements”. On 23 September 2022, Joint Order No. 2371 signed by the MDLPA, ANCOM and the MCID for the approval of the technical regulation “channelling telecommunications (CTc). Optical fibre. Design, execution, use, Maintenance and Verification, RTC Indicator 5- 2022” was published in Official Journal No. 935 and entered into force on 23 October 2022, in accordance with its Article 2 (document xvi). The Order presents the technical requirements necessary for the design, execution, use and maintenance of telecommunications networks. Given that the Joint Order No. 2371 entered into force on 23 October 2022, the requirement in the milestone description according to which the recommendation must be finalised in 2022 can be deemed fulfilled. 3 – Provide informative materials and workshops for municipalities and other competent authorities Recommendation 3 of the EU Connectivity Toolbox calls for the provision of a set of informative materials aimed at municipalities and other competent authorities to speed up and ease permit granting procedures for civil works necessary for the rollout of Very High Capacity Networks (VHCN). The roadmap (document iii) required ANCOM to expand its information activities, including by developing a specialised technical dictionary where necessary. ANCOM set up on its webpage a dedicated section on infrastructure law (document xvii). It also published on its website a booklet providing information material on the authorisation of the construction of electronic communication networks (document xviii). This booklet summarises the provisions of Law No. 198/2022 published on 6 July 2022 amending and supplementing certain normative acts in the field of electronic communications and establishing measures to facilitate the development of electronic communications networks. The booklet aims to support central and local public authorities by providing information material on the authorisation of the construction of electronic communication networks. The booklet was published in September 2022. To support this claim, the Romanian authorities provided an email sent by ANCOM to the attention of the administrative territorial units informing them of the publication of the booklet on 17 October 2022. It can therefore be concluded that this recommendation was finalised in 2022, in line with the milestone description. 11 – Ensure the availability of information from different sources and enhance transparency of planned civil works Recommendation 11 of the EU Connectivity Toolbox calls for all existing physical infrastructure and planned civil works information from different sources (e.g., competent national authorities at any level, public sector bodies and network operators) to be made available via the single information point (SIP – e.g., web based geographic information system). The roadmap (document iii) required the organisation and operationalisation of the SIP on planned civil works, as provided for in Article 27 of Law No. 159/2016. Government Emergency Ordinance No. 140/2022 on the single industrial licence was published in the Official Journal on 20 October 2022 and entered into force the same day. This ordinance provides for the establishment of an electronic system, the electronic Single Contact Point for the industrial license (PCUEL), by 31 December 2023 at the latest according to Article 19 (5). Article 2 provides that the purpose of the Ordinance is, inter alia, to give access to data and information, facilitate the exchange of data between IT systems and increase the transparency of the use of data by the public institutions and authorities involved and facilitate the access of applicants and holders of single industrial licenses to public information held by public institutions. The Council Implementing Decision required that the recommendation must be implemented as per the draft roadmap. Whilst the fact that no action taken to create a SIP constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, the adoption of GEO No. 140/2022 ensures the availability of information from different sources and enhances the transparency of planned civil works, thereby fulfilling the objective of the recommendation. As of this, this minimal deviation does not change the nature of the measure and does not affect the progress towards achieving the reform that the milestone represents. On this basis, it is considered that this constitutive element of the milestone is satisfactorily fulfilled. 26 – Review National Spectrum Plans on a regular basis Recommendation 26 of the EU Connectivity Toolbox encourages Member States to carry out a regular review of national spectrum plans (allocation table and/or award strategy plans) with the objective to take the harmonised bands into use as early as possible. The roadmap (document iii) required ANCOM to continue to review the National Radio Frequency Allocation Table (TNABF) on a regular basis to ensure that the use of radio spectrum is aligned with technological and legislative developments and market demand, and that spectrum management is predictable. The Decision No. 111 of 23 February 2024 issued by ANCOM and published in Official Journal No. 183 on 6 March 2024 approves the TNABF (document xxi). According to the provisions in Article 12 (3) of Law No. 24/2000 on the rues of legislative technique for the drafting of legislative acts, this decision entered into force on the date of publication of the decision in the Official Journal. This decision updates the previous TNABF, approved by Government Decision No. 376/2020 and published in Official Journal No. 427 on 21 May 2020 (document xx). The TNABF is therefore reviewed on a regular basis. The TNABF updated on 6 March 2024 updates the previous TNABF which had been revised on 21 May 2020. This recommendation therefore complies with the requirement that it should be finalised by 2022, given that a revision had already occurred on 21 May 2020. 32 – Use financial aid as a complement to incentivise investments Recommendation 32 of the EU Connectivity Toolbox encourages Member States to use financial aid from EU-level programmes to complement 5G deployments to incentivise substantial investments in the roll-out of 5G networks. The roadmap (document iii) required measures to encourage the use of financial support from EU-level programmes to continue, with a view to stimulating substantial investment in the deployment of 5G networks. A funding agreement for a fund for digitalisation, climate action, and other areas of interest was signed between Romania and the EIB on 29 March 2022, in the context of investment 2.4 “Fund of funds for digitalisation, climate action and other areas of interest” of Component 9 “Business support, research, development and innovation” of the RRP. The document provides on page 8 that the amount allocated to digitalisation-related intervention fields, in line with annex VII of the RRF Regulation, shall be EUR 50 million (document xxii). Because the funding agreement was signed on 29 March 2022, the requirement in the milestone description that the recommendation should be finalised by 2022 is fulfilled. 35 – Make use of harmonised technical conditions developed by the European Conference of Postal and Telecommunications Administrations (CEPT)/Electronic Communications Committee (ECC), if common dedicated frequency ranges are deemed necessary Recommendation 35 of the EU Connectivity Toolbox encourages Member States to use harmonised technical conditions developed by CEPT/ECC if a dedicated frequency range is deemed necessary to ensure usage of such a common dedicated frequency range. The roadmap (page 32 of document iii) specifies that there is no reason to take further measures as regards this recommendation. noting that the milestone description requires that recommendations are implemented as per the roadmap, this recommendation is considered fulfiled. The recommendation is deemed fulfilled according to the roadmap (document iii) because Romania is a member of the European Conference of Postal and Telecommunications Administrations (CEPHCEPTCEPT). In consideration of the decisions taken at the CEPT/ECC level, ANCOM developed a position paper on awarding rights to use the radio frequencies available in the frequency bands 694- 790 MHz, 790-862 MHz, 1427- 1517 MHz, 2500-2690 MHz, 3400-3800 MHz and 24.25-27.5 GHz published on 31 January 2019 (see document xxiii), as well as the Terms of Reference for the organization of the competitive selection procedure for awarding frequency usage rights in the 700 MHz, 800 MHz, 1500 MHz, 2600 MHz and 3400-3800 MHz bands (see document xxiv). Given that the roadmap specifies that there is no reason to take further measures as regards this recommendation and noting that the milestone description requires that recommendations are implemented as per the roadmap, the requirement in the milestone description according to which the recommendation must be finalised in 2022 is not deemed relevant to this recommendation. Commission Preliminary Assessment: Satisfactorily fulfilled Related Measure: Transition to EU 2025 connectivity targets and stimulate Number: 149 private investment for the deployment of very high capacity networks Name of the Milestone: Assignment of the rights of use of radio spectrum Qualitative Indicator: Rights of use assigned Time: Q3 2022 Context: Milestone #149 is part of reform C7.R2 that aims to accelerate the national rollout of 5G networks and provide broadband coverage for white areas. Milestone #149 requires the assignment of the rights of use of radio spectrum. This milestone is the third and last step in the implementation of reform C7.R2. It follows milestone #146, positively assessed under the first payment request, on the entry into force of the 5G security law, milestone #147, positively assessed under the second payment request, which requires the publication and organisation of a competitive selection procedure for 5G licenses, and milestone #148, assessed above under this payment request, which requires the implementation of the recommendations from the EU connectivity toolbox. Evidence provided: The following evidence was provided: i. Summary document duly justifying how the milestone was satisfactorily fulfilled. ii. Link to the notice on the organisation of the competitive selection procedure published on the website of the National Authority for Administration and Regulation in Communications (hereinafter ‘ANCOM’), on 19 September 2022: https://www.ancom.ro/anunt-pentru- organizarea-procedurii-de-selectie-competitiva-n-vederea-acordarii-drepturilor-de-utilizare- a-frecventelor-radio-n-benzile-de-800-mhz-1800-mhz-537i-2600-mh_6648  iii. Link to the results of the spectrum auction published on the website of ANCOM, on 15 November 2022: https://www.ancom.ro/licitatia-de-spectru-din-acest-an-s-a-finalizat_6706 iv. ANCOM Decision No. 644/2022 on the selection procedure for awarding spectrum usage rights in the 700 MHz, 1500 MHz, 2600 MHz and 3400-3800 MHz bands published on 15 September 2022. Analysis: The justification and substantiating evidence provided by the Romanian authorities cover all constitutive elements of the milestone. The “5G” radio frequency licences shall be assigned The evidence provided by the Romanian authorities demonstrates that ANCOM assigned the rights of use of spectrum in the 700 MHz, 1500MHz and 3,4 – 3,8GHz bands for the deployment of 5G. As published on the ANCOM website on 15 November 2022 (document iii), three bidders were awarded “5G” radio frequency licences. Specifically: • ORANGE ROMANIA S.A. was awarded 2 blocks of 2x5 MHz each in the 700 MHz FDD band, all 8 blocks of 5 MHz available in the 1500 MHz band and 16 blocks of 10 MHz each in the 3400-3800 MHz band, for the amount of 264,607,669 euros representing license fee. • VODAFONE ROMANIA S.A. was awarded 1 block of 2x5 MHz in the 700 MHz FDD band and 10 blocks of 10 MHz each in the 3400-3800 MHz band,and will pay the amount of 122,503,374 euros as license fee. • RCS & RDS S.A. has won the 4 blocks of 2x5 MHz available in the 2600 MHz FDD band and 5 blocks of 10 MHz each in the 3400-3800 MHz band, for which it will pay the amount of 45,500,000 euros as license fee. based on the results of the competitive selection procedure /auction in milestone 147. • Milestone #147 requires the publication and organisation of a competitive selection procedure to grant the “5G licences” in the 700 MHz, 1500 MHz, 2600 MHz and 3400-3800 MHz by ANCOM. This milestone was assessed as satisfactorily fulfilled under the second payment request submitted by Romania under the Romanian recovery and resilience plan; The results of the selection procedure for awards in the 700 MHz, 1500 MHz, 2600 MHz and 3400-3800 MHz conducted under milestone #147 were published on 15 November 2022. As indicated above, these results assign 5G licenses to the three winning bidders, namely ORANGE ROMANIA S.A., VODAFONE ROMANIA S.A. and RCS & RDS S.A. Commission Preliminary Assessment: Satisfactorily fulfilled Related Measure: Ensuring cybersecurity of public and private entities owning Number: 151 critical value infrastructure Name of the Milestone: Entry into force of the law on Defence and Cyber Security of Romania Qualitative Indicator: Provision in the law indicating the entry into force