COMMON POSITION (EC) No 52/98 adopted by the Council on 24 September 1998 with a view to adopting European Parliament and Council Decision No /98/EC, of ... on the coordinated introduction of a third-generation mobile and wireless communications system (UMTS) in the Community
Date: 1998-09-24
Institutions: Council of the European Union
Subjects: communications systems, freedom to provide services, radio telecommunications, satellite communications, trade licence, transmission network

C 333/56

EN

Official  Journal  of  the  European  Communities

30.10.98

COMMON  POSITION  (EC)  No  52/98

adopted  by  the  Council  on  24  September  1998

with  a  view  to  adopting  European  Parliament  and  Council  Decision  No  /98/EC,  of  . . .  on  the
coordinated  introduction  of  a  third-generation  mobile  and  wireless  communications  system
(UMTS)  in  the  Community

(98/C 333/05)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF
THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community  and  in  particular  Articles  57,  66  and  100a
thereof,

Having  regard  to  the  proposal  from  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having  regard  to  the  opinion  of  the  Committee  of  the
Regions (3),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty (4),

(1) Whereas  on  29  May  1997 

the  Commission
presented to the European Parliament, the Council,
the  Economic  and  Social  Committee  and  the
Committee of the Regions a communication on the
further  development  of  mobile  and  wireless
communications;

(2) Whereas  on  15  October  1997  the  Commission
presented  a  Communication  on  strategy  and  policy
orientations with regard to the further development
of  mobile  and  wireless  communications  (UMTS);

(3) Whereas  on  1  December  1997  the  Council  invited
the  Commission  to  submit,  by  early  1998,  a
proposal  for  a  European  Parliament  and  Council
Decision  which  would  enable  orientations  to  be
established  on  the  substance  of  the  issue  and
facilitate,  within  the  existing  Community  legal
framework,  the  early  licensing  of  UMTS  services
and,  if  appropriate  and  on  the  basis  of  the  existing
allocation of competences, in respect of coordinated
allocation  of  frequencies  in  the  Community  and

(1) OJ  C  131,  29.4.1998,  p.  9.
(2) Opinion  delivered  on  29  April  1998  (OJ  C  214,  10.7.1998,

p.  92).
(3) OJ  C  . . .
(4) Opinion  of  the  European  Parliament  of  18  June  1998  (OJ
C  210,  6.7.1998),  Council  Common  Position  of
24 September 1998 and European Parliament Decision of . . .
(not  yet  published  in  the  Official  Journal).

pan-European  roaming;  whereas  on  29  January
1998 the European Parliament adopted a resolution
expressing  its  strong  support  for  the  Commission’s
communication  of  15  October  1997;

(4) Whereas  a  new  generation  of  innovative  systems
needs  to  be  developed  for  the  provision  of  wireless
wideband  multimedia  services,  including  Internet
and other Internet Protocol (I/P) based services, for
the  provision  of  flexible  and  personalised  services
and for the support of high volume data rates, each
combining the use of terrestrial fixed and mobile as
well  as  satellite  components;  whereas  this  Decision
will apply to satellite components without prejudice
to  Parliament  and  Council  Decision  710/97/EC  of
24  March  1997  on  a  coordinated  authorisation
field  of 
approach 
satellite  personal-
in 
the  Community (5);
in 
communication  services 
whereas  there  is  a  need  to  ensure  rapid  market
access  for  seamless,  global  coverage  and  low  cost
and  innovative  service  offering  through  a  sufficient
level  of  competition;

the 

(5) Whereas 

identified 

in  1992 

(WARC  92) 

International  Tele-
the 
communications Union (ITU) World Administrative
the
Radio  Conference 
frequency  spectrum  for  the  development  of  both
the  satellite  and  terrestrial  parts  of  the  Future
Public  Land  Mobile  Telecommunications  System
(FPLMTS), 
later  renamed  IMT-2000;  whereas,
according to ITU Resolution 212 and to the World
Radiocommunications  Conference  in  1995  (WRC
95),  the  initial  implementation  of  the  terrestrial
element  should  take  place  around  the  year  2000;

(6) Whereas 

the 

concept  of  Universal  Mobile
Telecommunications  System 
the
Community  needs  to  be  compatible  with  the
third-generation  mobile  system  concept  called
International  Mobile  Telecommunications-2000
(IMT 2000) developed by the ITU at world level on
the  basis  of  ITU  Resolution  212;

(UMTS) 

in 

(7) Whereas  mobile  and  wireless  communications  are
of strategic importance both for the development of
the  Community  telecommunications  industry  and
the  information  society  as  well  as  for  the  economy

(5) OJ  L  105,  23.4.1997,  p.  4.

30.10.98

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Official  Journal  of  the  European  Communities

C 333/57

and  employment  in  the  Community  as  a  whole;
whereas  on  3  December  1997  the  Commission
adopted  a  Green  Paper  on  the  convergence  of  the
information
telecommunications,  media 
for
technology  sectors,  and 
the
regulation;  whereas  on 
consultations  resulting  from  that  Green  Paper,  the
Commission will take into consideration the impact
of convergence on UMTS considering, in particular,
the  review  of  Community 
telecommunications
regulation  by  1999;

the 
implications 
the  basis  of 

and 

(8) Whereas in order to create a favourable climate for
investment  and  deployment  of  UMTS  and  to  allow
the  development  of  Community-wide  as  well  as
pan-European  and  global  services  with  the  widest
possible  territorial  coverage,  early  and  specific
action  at  Community  level  is  necessary;  whereas
the  rapid  and
Member  States  should  allow 
coordinated 
introduction  of  compatible  UMTS
networks  and  services  in  the  Community  on  the
basis  of  internal  market  principles  and  pursuant
to  European  standards  for  UMTS  approved  or
developed  by  the  European  Telecommunications
Standards 
(ETSI),  where  available,
including 
in  particular  a  common,  open  and
internationally  competitive  air-interface  standard;
whereas  diverging  national  laws,  regulations  and
administrative  action  would  hinder  or  prevent  the
provision  of  Community-wide  and  global  UMTS
services  and 
related
equipment;

free  movement  of 

Institute 

the 

(9) Whereas  Community 

full 

including 

legislation, 

the
competition rules, apply to this sector, in particular:
Commission Directive 96/2/EC of 16 January 1996
amending  Directive  90/388/EEC  with 
regard
communications (1),
to  mobile  and  personal 
Commission Directive 96/19/EC of 13 March 1996
amending  Directive  90/388/EEC  with 
regard
competition
implementation  of 
to 
the 
telecommunications  markets (2),  European
in 
Parliament  and  Council  Directive  97/13/EC  of
10 April 1997 on a common framework for general
authorisations  and 
the
field  of  telecommunications  services (3),  European
Parliament  and  Council  Directive  97/33/EC
of  30 
in
ensuring
telecommunications  with 
universal  service  and 
through
application  of  the  principles  of  Open  Network
Provision  (ONP) (4)  and  European  Parliament  and
Council  Directive  97/66/EC  of  15  December  1997
concerning  the  processing  of  personal  data  and  the
protection  of  privacy  in  the  telecommunications
sector (5);  whereas  the  list  of  conditions  which  may

interconnection 
to 
interoperability 

June  1997  on 

individual 

licences 

regard 

in 

(1) OJ  L  20,  26.1.1996,  p.  59.
(2) OJ  L  74,  22.3.1996,  p.  13.
(3) OJ  L  117,  7.5.1997,  p.  15.
(4) OJ  L  199,  26.7.1997,  p.  32.
(5) OJ  L  24,  30.1.1998,  p.  1.

be  attached  to  authorisations  for  UMTS  pursuant
to  Directive  97/13/EC  is  without  prejudice  to
measures  taken  by  Member  States  in  accordance
with  public  interest  requirements  recognised  by  the
Treaty,  in  particular  Articles  36  and  56,  especially
the
to  public  security 
in  relation 
investigation  of  criminal  activities;

including 

(10) Whereas  organisations  providing  UMTS  networks
or  services  over  those  networks  should  be  able  to
enter the market without unnecessary constraints or
excessive fees to allow for a dynamic market and a
broad  competitive  service  offering;

(11) Whereas pursuant to Community law, in particular
European  Parliament  and  Council  Directive
97/13/EC  and  Commission  Directive  96/2/EC:
firstly,  individual  licences  should  be  limited  to  the
establishment  and/or  the  operation  of  UMTS
networks,  secondly,  the  number  of  UMTS  licences
may  be  limited  only  for  reasons  of  demonstrated
lack  of  frequency  spectrum  capacity  and  thirdly,
licences should be granted on the basis of objective,
non-discriminatory,  detailed  and  proportionate
criteria,  regardless  of  whether  or  not  individual
applicants  for  licences  are  existing  operators  of
other  systems;

(12) Whereas  licences  should  allow,  and  Member  States
should  encourage,  transnational  roaming  in  order
to  secure  Community-wide  and  pan-European
services;  whereas  there  should  be  cooperation
with 
the  European  Conference  of  Postal
and  Telecommunications  Administrations  (CEPT)
through 
for
European 
Telecommunications  Regulatory  Affairs  (ECTRA)
for  UMTS;  whereas  in  particular  mandates  may  be
issued,  when  necessary,  to  establish  a  one-stop
shopping  procedure  for  services;

Committee 

the 

(13) Whereas  the  amount  of  spectrum  made  available
will  have  a  direct  impact  on  how  competitive  the
market  will  be;  whereas  estimated  demand  should
therefore  be  taken  into  account  when  determining
the  amount  of  spectrum  to  be  allocated;  whereas
sufficient  spectrum  must  be  allocated  and  cleared
sufficiently in advance to foster a broad competitive
offering  of  mobile  multimedia  services;

(14) Whereas  spectrum  allocation  is  most  efficiently
pursued 
in  the  context  of  the  CEPT  by  the
European Radiocommunications Committee (ERC);
whereas  it  should  be  ensured  that  appropriate  and
timely regulatory measures are taken to achieve the
implementation 
the  Community  of  ERC
decisions 
if  necessary;  whereas  Member  States
should  be  encouraged  to  provide  the  Commission

in 

C 333/58

EN

Official  Journal  of  the  European  Communities

30.10.98

with  regular  information  as  to  the  implementation
of  ERC  measures;  whereas 
complementary
Community  action  may  be  required  to  ensure  the
timely  implementation  of  CEPT  decisions  within
Member  States;

(15) Whereas  sufficient  spectrum  will  be  necessary  to
foster  the  development  of  a  market  with  a  broad
competitive  offering  of  mobile  multimedia  services;
whereas  on  30  June  1997  the  ERC  adopted
Decision  ERC/DEC/(97)07  on  the  frequency  bands
for  the  introduction  of  UMTS  which  entered  into
force  on  1  October  1997;

(16) Whereas  this  ERC  decision  has  designated  the
frequency  bands  1900—1980  MHz,  2010—2025
MHz  and  2110—2170  MHz  to  terrestrial  UMTS
applications,  and  accommodates  UMTS  satellite
component 
bands
applications  within 
1980—2010 MHz and 2170—2200 MHz; whereas
sufficient  spectrum  must  be  allocated  within  the
bands  identified  by  WARC  92  according  to  the
increasing  needs  for  this  spectrum  before  UMTS
services  are  commercially  deployed;  whereas
spectrum  may  become
additional 
necessary  within  a  few  years;

frequency 

the 

issues  relating 

to  UMTS  and 

(17) Whereas  at  ITU  level  the  review  of  spectrum  and
regulatory 
the
facilitation  of  multimode  terminal  operation  and
worldwide  roaming  of 
IMT-2000  have  been
included  in  the  next  WRC  agenda  in  order  to
identify  additional  frequency  spectrum  to  satisfy
market  demand  by  2005—2010;  whereas  therefore
European  common  positions  need  to  be  developed
and promoted at global level with the participation
of  all  parties  interested;

(20) Whereas  a  proposal  was  presented  by 

Directive 

the
for  a  Council  and  European
Commission 
Parliament 
connected
on 
telecommunications  equipment  and  the  mutual
recognition  of  the  conformity  of  equipment  to
replace  European  Parliament  and  Council  Directive
to
98/13/EC  of  12  February  1998  relating 
telecommunications 
and
satellite  earth  station  equipment,  including  the
mutual  recognition  of  their  conformity (1);  whereas
appropriate  harmonised  standards  developed  by
ETSI  and  recognised  under  Directive  98/13/EC  will
ensure 
terminal  equipment
including  for  UMTS;

free  movement  of 

equipment 

terminal 

(21) Whereas  the  second  generation  cellular  digital
mobile  communications  systems  were  originally
in  Council  Directive  87/372/EEC  of
defined 
25  June  1987  on  the  frequency  bands  to  be
reserved  for  the  coordinated  introduction  of  public
pan-European  cellular  digital  land-based  mobile
communications  in  the  Community (2)  as  operating
in  the  900  MHz  bands;  whereas  DCS-1800  has  to
be  considered  as  part  of  the  GSM  family  and  of
such  second  generation;  whereas  the  Community
should  build  on 
the  current
generation  of  mobile  digital  technology  including
GSM both in Europe and in the world, taking into
consideration  interworking  between  UMTS  and
second-generation  systems;  whereas  there  should
be,  pursuant  to  Community  law,  no  discrimination
in
between  GSM  operators  and  new  entrants 
UMTS  markets;  whereas  UMTS  should  develop  in
one  seamless  environment  including  full  roaming
with  GSM  as  well  as  between  the  terrestrial  and
satellite  components  of  UMTS  networks,  which
terminals  such  as
is 
dual  mode/band  GSM/UMTS 
terminals  and
terrestrial/satellite terminals necessary;

to  make  hybrid 

the  success  of 

likely 

(18) Whereas  spectrum  availability  and  appropriate
pricing,  coverage  and  quality  will  be  essential
aspects  to  the  success  of  UMTS  development;
whereas  any  spectrum  pricing  method  should  not
adversely impact on the competitive structure of the
market,  and  respect  the  public  interest,  while
ensuring efficient  use of the spectrum  as  a  valuable
resource;

(19) Whereas specific cooperation among operators may
be  necessary  to  provide  coverage  of  less-populated
areas;  whereas  this  Decision  does  not  prevent
Member States from imposing appropriate forms of
national  roaming  between  authorised  operators  on
their  territory  to  the  extent  needed  to  ensure
balance  and  non-discriminatory  competition;

(22) Whereas  it  is  important  for  UMTS  networks  to
provide  secure  and  reliable  communications  and
ensure  high  level  security,  including  protection
against  fraudulent  use,  at  least  commensurate  with
that  of  second-generation  mobile  communications;

(23) Whereas UMTS aims at a global market; whereas a
common  European  UMTS  standard  should  be
adopted  and  proposed  as  a  member  of  the  ‘IMT
2000 family concept’ developed by the ITU in order
to  increase  the  chances  of  UMTS  being  adopted  in
markets  outside  Europe;  whereas  the  deadlines  set
by  the  ITU  therefore  need  to  be  met  within  the

(1) OJ  L  74,  12.3.1998,  p.  1.
(2) OJ  L  196,  17.7.1987,  p.  85.

30.10.98

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C 333/59

ITU 
Community 
requirements  to  be  taken  into  account;

final 

and 

the 

technical

Committee  established  by  Directive  97/13/EC;
whereas 
the
Commission,  assisted  by  the  Committee,  should
cooperate  closely  with  relevant  outside  bodies,

this  Decision 

implementing 

in 

(24) Whereas  while  voluntary  application  of  standards
remains  the  general  rule,  recourse  to  mandatory
interfaces  and
standards  may  be  required  for 
situations 
ensure
necessary 
where 
interoperability  and  facilitate  roaming  of  mobile
networks  and 
services;  whereas  harmonised
standards  are  adopted  by  standardisation  bodies
such  as  ETSI,  which  facilitates  regulatory  action;

to 

(25) Whereas  in  1995  the  Commission  granted  to  ETSI
a general standardisation mandate related to UMTS
pursuant  to  Council  Directive  83/189/EEC  of
28  March  1983  laying  down  a  procedure  for
the  provision  of 
in  the  field  of
information 
technical  standards  and  regulations (1)  and  Council
Decision  87/95/EEC  of  22  December  1986  on
standardisation 
information
technology  and  telecommunications (2),  and  may
issue  further  mandates  in  the  future;

field  of 

the 

in 

and 

relevant 

(26) Whereas  social  and  societal  effects  should  be  taken
into  account  in  the  transition  towards  the  wireless
society;  whereas  development  of
information 
UMTS 
should  be
standards 
coordinated  with  related  efforts,  such  as  the
development  of  a  Community-wide  information
society,  support  of  training  on  UMTS  related
for  elderly  and  disabled
technologies,  access 
persons  and  research 
into  the  possible  health
hazards  of  mobile  communications;

signed  within 

(27) Whereas  Community  undertakings  should  benefit
fully  from  international  trade  agreements  such  as
agreements 
the  World  Trade
Organisation  (WTO),  including  those  relating  to
tariffs,  such  as  in  the  Information  Technology
Agreement,  and  from  the  Istanbul  Convention  on
the  elimination  of  customs  duties  on  personal
effects  and  professional  equipment  and  have
effective market access under the specific terms and
conditions,  including  national  treatment,  binding
on the member countries of the WTO; whereas the
Commission  may  take  all  necessary  actions  to
implement  international  agreements;  whereas  these
may  need  to  be  supplemented  by  specific  bilateral
or  multilateral  agreements  and  negotiations  which
the Commission may start on the basis of mandates
from  the  Council;

(28) Whereas 

the
Commission  should  be  assisted  by  the  Licensing

this  Decision, 

implementing 

in 

(1) OJ  L  109,  26.4.1983,  p.  8.  Directive  as  last  amended  by
Commission  Decision  96/139/EC  (OJ  L  32,  10.2.1996,
p.  31).

(2) OJ  L  36,  7.2.1987,  p.  31.

HAVE  ADOPTED  THIS  DECISION:

Article  1

Purpose

The  aim  of  this  Decision  shall  be  to  facilitate  the  rapid
and  coordinated 
introduction  of  compatible  UMTS
networks  and  services  in  the  Community  on  the  basis  of
internal  market  principles  and 
in  accordance  with
commercial demand.

Article  2

Definition

For  the  purpose  of  this  Decision,  ‘Universal  mobile
(UMTS)’  shall  mean  a
telecommunications  system 
third-generation  mobile  and  wireless  communications
system  capable  of  supporting  in  particular  innovative
multimedia  services,  beyond  the  capability  of  second
generation  systems  such  as  GSM,  and  capable  of
combining the use of terrestrial and satellite components.
This  system  shall  at  least  be  capable  of  supporting  the
characteristics  referred  to  in  Annex  I.

Article  3

Coordinated  authorisation  approach

1. Member  States  shall  take  all  actions  necessary  in
order to allow, in accordance with Article 10 of Directive
97/13/EC,  the  coordinated  and  progressive  introduction
of  the  UMTS  services  on  their  territory  by  1  January
2002  at  the  latest  and  in  particular  shall  establish  an
authorisation  system  for  UMTS  no  later  than  1  January
2000.

2. Member  States  shall  be  granted  on  request  an
additional  implementation  period  of  up  to  12  months
beyond  the  dates  referred  to 
in  paragraph  1  for
establishing an authorisation system and the introduction
of UMTS services, to the extent justifiable by exceptional
the  necessary
technical  difficulties 
adjustments  in  their  frequency  plan.  Such  a  request  must
be  filed  before  1  January  2000.  The  Commission  shall
assess  such  requests  and  take  a  reasoned  decision  within
a period of three months. Any information provided shall
be  made  available  to  any  interested  party  on  demand
having  regard  to  legitimate  interests  in  the  protection  of
business  and  security  secrets.

achieving 

in 

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30.10.98

3. When  preparing  and  applying  their  authorisation
systems,  Member  States  shall  ensure,  in  compliance  with
Community  legislation,  that  the  provision  of  UMTS  is
organised:

— in frequency bands which are harmonised by CEPT in
in

the  procedure 

laid  down 

accordance  with 
Article  5,

— pursuant  to  European  standards  for  UMTS  approved
or  developed  by  ETSI,  where  available,  including  in
particular  a  common,  open  and 
internationally
competitive  air-interface  standard.  Member  States
shall ensure that licences allow transnational roaming
in  the  Community.

4.
Given  that,  in  line  with  efficient  use  of  radio
frequencies,  it  may  be  necessary  to  limit  the  number  of
UMTS  systems  authorised  in  Member  States,  if  it  is
established  in  accordance  with  the  procedure  laid  down
in  Article  17  of  Directive  97/13/EC  and  in  conjunction
with  CEPT, 
types  of  systems  are
incompatible,  Member  States  shall  coordinate  their
approach  with  a  view  to  authorising  compatible  types  of
UMTS  systems  in  the  Community.

that  potential 

Article  4

Roaming  rights  and  obligations

shall  encourage  organisations
1. Member  States 
providing  UMTS  networks 
among
to  negotiate 
themselves  cross-border  roaming  agreements  to  ensure
seamless  Community-wide  service  coverage.

2. Member States may where necessary take action, in
accordance  with  Community  law,  to  ensure  the  coverage
of  less-populated  areas.

Article  5

Cooperation  with  CEPT

1.
The  Commission  shall,  in  accordance  with  the
procedure  laid  down  in  Article  16  of  Directive  97/13/EC
give  CEPT/ERC  and  CEPT/ECTRA  mandates,  inter  alia,
to  harmonise  frequency  use.  Those  mandates  shall  define
the  tasks  to  be  performed  and  lay  down  a  timetable.

The  timetable  for  the  first  mandates  is  that  set  out

2.
in  Annex  II.

3. On  the  completion  of  the  mandates,  it  shall  be
decided  in  accordance  with  the  procedure  laid  down  in
Article 17 of Directive 97/13/EC whether the result of the
work  done  pursuant  to  the  mandates  shall  be  made
applicable  in  the  Community.

4. Notwithstanding paragraph 3, if the Commission or
any  Member  State  considers  that  work  done  pursuant  to
the mandate given to the CEPT/ECTRA or CEPT/ERC is
not  progressing  satisfactorily  having  regard  to  the
timetable  laid  down,  it  may  refer  the  matter  to  the
Licensing  Committee,  which  shall  act  in  accordance  with
the  procedure  laid  down  in  Article  17  of  Directive
97/13/EC.

Article  6

Cooperation  with  ETSI

The Commission shall take all necessary measures, where
appropriate  in  cooperation  with  ETSI,  to  promote  a
common  and  open  standard  for  the  provision  of
in
compatible  UMTS  services 
accordance  with  market  requirements, 
into
account  the  need  to  present  a  common  standard  to  the
ITU  as  an  option  for  the  world-wide  ITU  IMT  2000
recommendation.

throughout  Europe, 

taking 

Article  7

The  committee

In  the  implementation  of  this  Decision  the  Commission
shall  be  assisted  by  the  Licensing  Committee  set  up  by
Article  14  of  Directive  97/13/EC.

Article  8

Exchange  of  information

shall 

The  Commission 

1.
committee  of 
the 
telecommunications 
consumers,  manufacturers  and  trade  unions.

the
the  outcome  of  consultations  with
providing
organisations 
users,

of 
services 

representatives 

networks, 

regularly 

inform 

or 

The  committee  shall,  taking 

2.
into  account  the
Community’s  telecommunications  policy,  encourage  the
exchange of information between the Member States and
the Commission on the situation and the development of
regulatory activities regarding the authorisation of UMTS
services.

Article  9

International  Aspects

The  Commission  shall  take  all  necessary  measures
1.
to  facilitate  the  introduction  of  UMTS  services  and  the
free  circulation  of  UMTS  equipment  in  non-member
countries.

For  this  purpose,  the  Commission  shall  seek  the
2.
implementation  of  international  agreements  applicable  to
UMTS,  and  shall,  in  particular  and  where  necessary,
submit  proposals 
for  appropriate
mandates for the negotiation of bilateral and multilateral
agreements with non-member countries and international
organisations.  The  Council  shall  decide  by  qualified
majority.

the  Council 

to 

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3. Measures  taken  pursuant  to  this  Article  shall  be
without  prejudice  to  the  Community’s  and  Member
States’  obligations  pursuant  to  relevant  international
agreements.

Article  10

Notification

such
Member  States 
information as it may require for the purpose of verifying
the  implementation  of  this  Decision.

the  Commission 

shall  give 

Article  11

Confidentiality

Article  13

Implementation

Member  States  shall  take  all  measures  necessary,  by  law
or  administrative  action,  for  the  measures  provided  for
in,  or  agreed  on  pursuant  to,  this  Decision  to  be
implemented.

Article  14

Duration

This  Decision  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities  and  shall  remain  in  force  for  four  years
after  that  date.

The  provisions  of  Article  20  of  Directive  97/13/EC  shall
apply  to  information  pursuant  to  this  Decision.

Article  15

Addressees

Article  12

Report

Done  at  . . .

This  Decision  is  addressed  to  the  Member  States.

The  Commission  shall  keep  developments  in  the  field  of
UMTS  under  review  and  report  to  the  European
Parliament  and  to  the  Council  within  two  years  on  the
effectiveness  of  action  taken  pursuant  to  this  Decision.

For  the
European Parliament

The  President

For  the  Council

The  President

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ANNEX  I

CHARACTERISTICS  WHICH  UMTS  IS  TO  BE  CAPABLE  OF  SUPPORTING

System  capabilities  needed  to  accommodate  service  features

1. Multimedia  capability;  full  mobility  and 

low  mobility  applications 

in  different  geographical

environments  beyond  the  capability  of  the  second-generation  systems  such  as  GSM.

2. Efficient  access  to  the  Internet,  Intranets  and  other  Internet  Protocol  (I/P)  based  services.

3. High-quality  speech  transmission  commensurate  with  that  of  fixed  networks.

4. Service  portability  across  distinct  UMTS  environments  where  appropriate  (e.g.  public/private/business;

fixed/mobile).

5. Operation  in  one  seamless  environment  including  full  roaming  with  GSM  as  well  as  between  the

terrestrial  and  satellite  components  of  UMTS  networks.

Radio  access  networks

— new terrestrial air interface for access to all services including to packet data based services, supporting
asymmetric  traffic  and  allowing  for  band  width/data  rate  on  demand  in  harmonised  frequency  bands,

— good  overall  spectral  efficiency  inlcuding  the  use  of  paired  and  unpaired  frequency.

Core  network

— call handling, service control and location and mobility management including full roaming functionality
based on an evolution of existing core network systems, for example on an evolved GSM core network,
taking  the  convergence  between  mobile/fixed  networks  into  account.

ANNEX  II

Timetable

From  February  1999  issue  mandates  to  CEPT  on  further  spectrum  allocation  including  availability  of
additional  spectrum  beyond  WARC-92  FPLMTS  bands  for  UMTS.

From  February  1999  issue  mandates  to  CEPT  to  establish  one-stop-shopping  procedure  for  services  where
necessary.

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On 11 February 1998 the Commission submitted a proposal for a European Parliament
and  Council  Decision  on  the  coordinated  introduction  of  mobile  and  wireless
communications  (UMTS)  in  the  Community.

2. The  European  Parliament  delivered  its  first-reading  opinion  on  18  June  1998;  the
Economic and Social Committee delivered its opinion on 29 April 1998. The Committee
of  the  Regions  expressed  a  view  on  the  proposal  on  (16  September  1998).

3. On  24  September  1998  the  Council  adopted  its  Common  Position  in  accordance  with

Article  189b  of  the  Treaty.

II. OBJECTIVE

The  aim  of  the  Decision  is  to  facilitate,  within  the  Community’s  existing  legal  framework,
the  rapid  and  coordinated 
third-generation  mobile  and  wireless
communications  networks  and  services,  with  particular  reference  to  wide-band  wireless
multimedia services, including Internet services, flexible and personalised services supporting
high volume data rates combining the use of terrestrial fixed and mobile as well as satellite
components.

introduction  of 

III. ANALYSIS  OF  THE  COMMON  POSITION

A. General  remarks

The  Common  Position  generally  accords  with  the  Commission’s  proposal  and  the
position  taken  by  the  European  Parliament.

Where it made changes to the Commission proposal, and also in its attitude towards the
European  Parliament’s  amendments,  the  Council  was  guided  mainly  by  a  concern  to:

— clarify  the  scope  of  certain  provisions,

— make  the  text  more  flexible  to  take  account  of  the  variety  of  situations  and  the
issuing

complexity  of  the  work  of  the  national  authorities  responsible  for 
authorisations,

— ensure  greater  consistency  between  the  provisions  of  the  new  Decision  and  existing

Community  regulations  in  the  field  of  telecommunications,

— clarify  and  simplify  the  wording  of  the  Decision.

B. Specific  remarks

1. Main  changes  made  to  the  Commission  proposal

(a) C o o r d i n a t e d   i n t r o d u c t i o n   b y   M e m b e r   S t a t e s   (Article  3)

The  text  of  Article  3  has  been  made  somewhat  more  flexible  so  that  the
Member States’ freeing of the frequency bands to be used for future mobile and
wireless  communications  can  be  carried  out  properly.  If  they  have  exceptional
technical  difficulties  in  adjusting  their  national  frequency  plans,  Member  States
can  obtain  an  extra  period  of  up  to  12  months  beyond  the  deadlines  of
1  January  2000  and  1  January  2002  which  have  been  set  for  establishing  an
authorisation  system  and  introducing  UMTS  services  (paragraph  2).

Paragraph  1  has  been  slightly  amended  to  give  a  better  idea  of  the  obligations
arising  from  the  Directive  on  general  authorisations  and  individual  licences  in

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the  field  of  telecommunications  services (1)  (use  of  the  expression  ‘coordinated
and  progressive  introduction  of  the  UMTS  services’).

(b) C h a r a c t e r i s t i c s   o f   t h e   U M T S   (Article  2  and  Annex  I)

Following  the  Parliament,  the  Council  adopted  the  principle  of  a  list  of  the
minimum  characteristics  that  must  be  presented  by  the  UMTS.  But  it
reformulated the list, which appears in Annex I, in the light of the most recent
discussions of the ETSI, and it was concerned to point out in a recital (22) that
it  was  important  for  UMTS  networks  to  be  able  to  provide  secure  and  reliable
communications  with  a  high  level  of  security.

The  Council  saw  no  need  to  give  a  definition  of  ‘terminals’,  this  being  an  area
which,  it  considered,  should  be  left  to  market  forces.  But  the  Council  thought
this  was  the  most  appropriate  development  here  and  indicated  as  much  in  a
recital  (21).

(c) R o a m i n g   r i g h t s   a n d   o b l i g a t i o n s   (Article  4)

The  Council  considered  that  the  aim  of  seamless  Community-wide  service
coverage  should  in  principle  be  achieved  under  the  impetus  of  market  forces
alone.  It  therefore  thought  it  sufficient  for  Member  States  to  encourage
organisations  providing  UMTS  networks  to  negotiate  the  appropriate  roaming
agreements.

(d) C o o p e r a t i o n   w i t h   C E P T   (Article  5)

The wording adopted by the Council is modelled on the approach taken on the
same  subject  in  European  Parliament  and  Council  Decision  No  710/97/EC  on
satellite  personal-communication  services (2);  this  involves  greater  flexibility  in
the  drawing  up  of  the  mandates  to  be  given  to  CEPT.

2. Council  position  vis-à-vis  the  European  Parliament

(a) A m e n d m e n t s   i n c o r p o r a t e d   i n   t h e   C o m m o n   P o s i t i o n   w h o l l y   o r

i n   p a r t

The  Council  adopted  Amendments  1,  5,  8,  9  and  11,  sometimes  with  slight
changes  to  the  wording (3).

The Council also adopted the first part of Amendment 3 concerning Recital 16.
However, as it preferred to delete the reference to certain frequency bands from
this recital, the second part of the amendment became redundant and could not
be  incorporated.

With regard to Amendment 6, the new wording of Article 3(3) takes account of
the  European  Parliament’s  wish  for  it  to  be  specified  that  authorisations  for
UMTS  services  must  be  given  by  Member  States 
in  compliance  with
Community legislation.

The  principle  of  Amendment  7  was  incorporated  in  the  new  wording  of
Article  3(4),  which  was  aligned  on  Article  10  of  the  Directive  on  general
authorisations  and  individual  licences.

(b) R e j e c t e d   a m e n d m e n t s

By  not  accepting  Amendments  4  and  10  the  Council  endorsed  the  position  of
the  Commission.

(1) Council  Directive  97/13/EC  (OJ  L  117,  7.5.1997,  p.  15).
(2) OJ  L  105,  23.4.1997,  p.  4.
(3) These  amendments  concern,  respectively,  Recital  10,  Articles  2  and  9,  and  Annex  I.