EN   EN  
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION  
of XXX  
on harmonised conditions for the use of radio spectrum for mobile communication 
services on board vessels in the Union, repealing Decision 2010/166/EU  
(Text with EEA relevance)  
 EN 1  EN COMMISSION IMPLEMENTING DECISION 
of XXX  
on harmonised conditions for the use of radio spectrum for mobile communication 
services on board vessels in the Union, repealing Decision 2010/166/EU 
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union, 
Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 
7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)
1, in particular Article 4(3) thereof , 
Whereas:  
(1) Adding 5G connectivity to  vessels  improves communication services for people 
travel ling, whil e making use of the latest available technology and ensuring efficient 
spectrum use. This helps achieve the objectives set out in the 5G Action Plan as well 
as the Commission’s strategy on connectivity as set out in its  Communication 
‘Connectivity for a Com petitive Digital Single Market – towards a European Gigabit 
Society ’2 and updated with its  Communication ‘2030 Digital Compass: the European 
way for the Digital Decade’3 and Decision (EU) 2022/2481 of the European 
Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030
4. 
(2) Commission Decision 2010/166/EU5 harmonised the technical conditions for using 
radio spectrum in the 900 MHz frequency band (880-915 MHz and 925-960 MHz 
frequency bands) , the 1  800 MHz frequency band  (1 710-1 785 MHz and 1  805-
1 880 MHz frequency band s), the paired terrestrial 2  GHz frequency band  (1 920-
1 980 MHz and 2  110-2 170 MHz frequency bands) , and the paired 2.6 GHz 
frequency  band (2 500-2 570 MHz and 2  620-2 690 MHz frequency band s). It allow ed 
the operation of mobile communication services on board vessels (MCV services) in the Union with different technologies and set out the applicable harmonised technical conditions.  
(3) Decision 2010/166/EU  called  on the  Member States to keep under review the use of 
frequency bands by systems that provide MCV services in their territorial seas , in 
particular with regard to the continued relevance of all the conditions set out in that Decision and to instances of harmful interference . Member States were also required 
 
1 OJ L 108, 24.4.2002, p. 1. 
2 COM(2016)  587. 
3 COM(2021) 118.  
4 OJ L  323, 19.12.2022, p. 4 . 
5 Commission Decision  2010/166/EU  of 19 March 2010 on harmonised conditions of use of radio 
spectrum for mobile communication services on board vessels (MCV services) in the European Union 
(OJ L 72, 20.3.2010, p. 38 ). EN 2  EN to submit a report to the Commission on their findings , and the Commission was  
required , where appropriate, to review  Decision 2010/166/EU . 
(4) On 16 August  2022, t he Commission issued  a mandate to the European Conference of 
Postal and Telecommunications Administrations (CEPT), pursuant to Article 4( 2) of 
Decision 676/2002/EC, to  study and develop harmonised technical conditions with the  
aim of including 5G technology to facilitate the deployment of advanced MCV 
services in the Union.  
(5) In response to that mandate, CEPT adopted Report 83 on 10 March 2023. It  provides 
harmonised technical conditions for non- Active Antenna Systems (non- AAS) 5G New 
Radio ( 5G NR) on board vessels in the 1 800 MHz and the paired 2.6 GHz  frequency 
bands . 
(6) The report  concludes  that similar technical and regulatory conditions that applied to 
MCV Long Term Evolution ( LTE)  system s can also be applied to MCV 5G NR non -
AAS systems  for protecting both LTE non- AAS and 5G NR non- AAS  land-based  
mobile  networks.  
(7) The harmonised technical conditions recommended in the report constitute the 
technical basis for this Decision for non- AAS 5G NR on board vessels  in the 
1 800 MHz and the paired 2.6 GHz  frequency bands . The harmonised technical 
conditions in Decision 2010/166/EU  should be amended accordingly, while pursuing a 
technology and service neutral approach as  set out in Directive (EU) 2018/1972 of the 
European Parliament and of the Council6.  
(8) In the interest s of legal consistency and clarity and  in line with the better regulation 
principles, Decision 2010/166/EU , which  includes references to Commission Decision 
2011/251/EU7 that has been repealed by Commission Decision 2022/173/EU8, should 
be repealed and replaced by th is Decision.  
(9) For legal clarity, the i mplementation dates set by  Decision 2010/166/EU  should be 
maintained. Similarly, Commission Recommendation 2010/167/EU9 should continue 
to apply with regard to this  Decision , as this Decision repeals and replac es Decision 
2010/166/EU . 
(10) This Decision cannot be considered to impose obligations on Member States that do not have territorial seas. This is without prejudice to the authorisation of MCV services, which is outside the s cope of this Decision, but which may require action by 
Member States in conformity with EU law in regard to vessels of their nationality.  
(11) MCV  technical specifications should remain under review to ensure that they keep up 
with technological progress  and ma rket developments . 
 
6 Directive (E U) 2018/1972 of the European Parliament and of the Council of 11 December 2018 
establishing the European Electronic Communications Code ( OJ L 321, 17.12.2018, p. 36).  
7 Commission Implementing Decision 2011/251/EU  of 18 April 2011 amending Decision 2009/766/EC 
on the harmonisation of the 900 MHz and 1800 MHz frequency bands for terrestrial systems capable of 
providing pan- European electronic communications serv ices in the Community ( OJ L 106, 27.4.2011, 
p. 9). 
8 Commission Implementing Decision (EU) 2022/17 3 of 7 February 2022 on the harmonisation of the 
900 MHz and 1800 MHz frequency bands for terrestrial systems capable of providing electronic 
communications services in the Union and repealing Decision 2009/766/EC  (OJ L 28, 9.2.2022, p. 29).  
9 Commission Recommendation 2010/167/EU of 19 March 2010 on the authorisation of systems for 
mobile communication services on board vessels (MCV services)  (OJ L 72, 20.3.2010, p. 42).  EN 3  EN (12) The measures provided for in this Decision are in accordance with the opinion of the  
Radio Spectrum  Committee ,  
HAS ADOPTED THIS DECISION:  
Article 1  
This Decision lays down harmonise d technical conditions for the availability and efficient use 
of the 900 MHz, 1  800 MHz, paired terrestrial 2  GHz  and paired 2.6 GHz  frequency bands for 
systems that provide  mobile communication services on board vessels within territorial seas  
of the Membe r States  in the Union. 
Article  2  
For the purposes of this Decision, the following definitions shall apply:  
(1) ‘mobile communication services on board vessels ’ (MCV services) means electronic 
communication services, as defined in Article 2, point ( 4), of Directive (EU) 
2018/1972, provided by an undertaking to enable persons on board a vessel to 
communicate via public communication networks using a system subject to Article 3 without establishing direct connections with land- based mobile networks ; 
(2) ‘the 900 MHz frequency  band’ means the 880- 915 MHz frequency  band for uplink 
(terminal transmit, base station receive) and 925 -960 MHz  frequency  band for 
downlink (base station transmit, terminal receive) ; 
(3) ‘the 1  800 MHz frequency  band’ means the 1 710- 1 785 MHz frequency  band for 
uplink (terminal transmit, base station receive) and 1  805- 1 880 MHz  frequency  band 
for downlink (base station transmit, terminal receive) ; 
(4) ‘the paired terrestrial 2  GHz  frequency  band ’ means the 1 920- 1 980 MHz frequency  
band for uplink (terminal transmit, base station receive) and 2 110 -2 170 MHz 
frequency  band for downlink (base station transmit, terminal receive) ; 
(5) ‘the paired 2.6 GHz frequency  band ’ means the 2  500-2 570 MHz frequency  band for 
uplink (terminal transmit, base station receive) and 2  620- 2 690 MHz frequency  band 
for downlink (base station transmit, terminal receive) ; 
(6) ‘on a non -interference and non -protected basis’ means that MCV services may  not 
cause harmful interference to any other radio -communication service nor can MCV 
services claim protection against harmful interference originating from other radio-communication services;  
(7) ‘territorial sea’ is to be understood as defined in  the United Nations Convention on 
the Law of the Sea;  
(8) ‘vessel base transceiver station ’ (vessel -BS) means a mobile pico -cell located on a 
vessel and supporting mobile  systems in compliance with the Annex to this Decision.  
Article 3  
1. Member States shall make available at least 2  MHz of spectrum in both the upli nk 
direction and in the corresponding paired spectrum in the downlink direction within the 900 MHz and/or 1 800 MHz frequency  bands for the mobile  systems listed in the A nnex that 
provide  MCV services on a non- interference and non -protected basis in their territorial seas . EN 4  EN 2. Member States shall make available 5  MHz of spectrum in both the uplink direction 
and in the corresponding paired spectrum in the downlink direction within the paired 
terrestrial 2  GHz  frequency band and within the 1 800 MHz  and paired 2.6 GHz  frequency  
bands for the mobile  systems  listed in the Annex that provide  MCV services on a non-
interference and non -protected basis in their territorial seas . 
3. Member States shall ensure that the systems r eferred to in  paragraphs 1 and 2 comply 
with the conditions and implementation deadlines set out in the Annex. 
Article 4  
Member States shall monitor  the use of frequency bands by systems that provide  MCV 
services in their territorial seas, referred to in  Article 3 (1) and 3( 2), in particular with regard to 
the continued relevance of the conditions set out in Article 3 and in the Annex,  and to 
instances of harmful interference.  
Article 5  
Member States shall submit a report to the Commission on their findings with regard to 
monitoring referred to in Article 4. The European Commission shall, where appropriate, 
proceed to a review of this Decision . 
Article 6  
Decision 2010/166/EU is repealed.  
Article 7  
This Decision is addressed to the Member States.   
Done at Brussels,  
 For the Commission 
 Thierry Breton  
 Member of the Commission