EU pitches cheaper roaming to Western Balkans ahead of summit

The European Union has initiated a significant step towards integrating the Western Balkans into its 'Roam Like at Home' (RLAH) regime, proposing negotiations with Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia. This move, recently approved by the Council of the EU, aims to eliminate roaming surcharges for mobile calls, SMS, and data between the EU and these six Western Balkan countries. Building on existing regional roaming agreements and voluntary operator commitments, the initiative forms a key part of the EU's 2023 Growth Plan for the Western Balkans, signalling a phased approach to integration ahead of full EU accession. Successful implementation will require each Western Balkan partner to fully align with the EU's comprehensive roaming acquis through bilateral agreements.

The European Union has embarked on a pivotal initiative to extend its 'Roam Like at Home' (RLAH) policy to the Western Balkans, a development poised to significantly impact telecommunications and foster closer ties between the regions. The European Commission recently proposed, and the Council of the EU subsequently approved, the opening of negotiations with Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia (collectively, the Western Balkans Six or WB6) to integrate them into the EU's roaming-free zone.

This strategic move aims to eliminate additional charges for mobile calls, text messages, and data usage for travellers between the EU and the Western Balkans, mirroring the seamless connectivity enjoyed within the European Economic Area (EEA). Beyond the immediate economic benefits for citizens and businesses, this proposal represents a concrete manifestation of the EU's broader strategy for gradual integration of the Western Balkans, as outlined in the 2023 Growth Plan. It signals a commitment to delivering tangible benefits to candidate countries even before full membership, while also serving as a geopolitical tool to solidify the region's European orientation.

The foundation for the EU's roaming policy was laid with the introduction of the 'Roam Like at Home' regime, which came into force on 15 June 2017, and has since been renewed until 2032. This regime, primarily governed by Regulation (EU) 2022/612, effectively abolished retail roaming surcharges for mobile users travelling periodically within the European Economic Area (EU, Iceland, Liechtenstein, and Norway). The success of this policy has led to its extension to other partners, notably Ukraine and Moldova, as of 1 January 2026, following their successful approximation of domestic legal systems to the EU roaming acquis.

Within the Western Balkans, a parallel development saw the establishment of a regional 'Roam Like at Home' area. The Regional Roaming Agreement (RRA), signed in April 2019, progressively reduced and eventually eliminated all roaming tariffs among the six Western Balkan economies by 1 July 2021. This regional success provided a strong precedent and a harmonised roaming space, which is a key prerequisite for further integration with the EU. Furthermore, in December 2022, 38 telecommunication operators from both the EU and the Western Balkans voluntarily committed to lowering data roaming charges between the two regions, with initial reductions implemented on 1 October 2023 and further reductions planned for 2026 and 2028. The current EU proposal seeks to build upon these existing voluntary commitments and formalise them through binding bilateral agreements.

The European Commission's proposal to extend the RLAH regime to the Western Balkans is rooted in Article 218(3) and (4) of the Treaty on the Functioning of the European Union (TFEU), which provides the procedural legal basis for authorising the opening of negotiations for international agreements. This legal framework enables the EU to conclude bilateral agreements with third countries, such as the Western Balkan partners, to extend the benefits of its internal market policies. The core legal challenge and prerequisite for each Western Balkan country will be the full alignment with the EU roaming acquis, which encompasses Regulation (EU) 2022/612 and related implementing and delegated acts.

The process involves complex negotiations to ensure that the regulatory frameworks, wholesale roaming rates, and consumer protection measures in each Western Balkan country are fully compatible with EU standards. Unlike the direct application of EU law within member states, or the integration of EEA countries through the EEA Agreement, the extension to the Western Balkans will rely on individual bilateral agreements. This approach allows for tailored negotiations that consider the specific circumstances and readiness of each partner, while ensuring a consistent application of the RLAH principles. The Commission will assess compliance and confirm that the necessary conditions have been met before a country can fully join the EU roaming area.

While the voluntary agreements between operators have already led to reduced data roaming prices, the formal integration into the RLAH regime will provide a legally binding framework, offering greater predictability and preventing 'bill shocks' for consumers. However, the implementation timeline remains dependent on the willingness and capacity of each Western Balkan partner to conclude these bilateral agreements and undertake the necessary legislative changes. This phased approach, as part of the 2023 Growth Plan, reflects a pragmatic strategy to deliver tangible benefits of EU membership progressively, without requiring immediate full accession, yet remaining firmly anchored in the enlargement process.

The EU's initiative to extend 'Roam Like at Home' to the Western Balkans marks a significant legal and political development, offering substantial benefits to citizens and businesses across both regions. For legal practitioners, this signals a period of intense activity, particularly for those advising telecommunication operators in the Western Balkans. Firms will need to guide clients through the intricate process of aligning with the EU roaming acquis, which will necessitate amendments to national electronic communications laws and the negotiation of new wholesale roaming agreements.

Practitioners should closely monitor the progress of these bilateral negotiations and the legislative reforms undertaken by each Western Balkan country. The successful conclusion of these agreements will not only eliminate roaming charges but also deepen the regulatory and economic integration of the Western Balkans with the EU, setting a precedent for future sectoral integrations. This development underscores the EU's evolving approach to enlargement, offering concrete advantages as an incentive for reform and alignment, and practitioners must be prepared to navigate this complex, multi-jurisdictional legal landscape to ensure compliance and capitalise on new market opportunities.